Drugs Are A Huge, Ongoing American Issue, But Some States Are Much More Punitive Than Others: We Uncover The Facts
In the U.S. in 2023, there were 7,555,863 arrests, 907,412 of which were for drug offenses. And a 2024 Axios report suggests that 49 million Americans (17% of the population) aged 12 and older are now battling drug abuse disorder.
This study will pinpoint which U.S. states carry out the most arrests for drug offenses, consider which drugs feature most, look at the root causes of the problem, and propose some measures to ease a horrendous national issue.
Drug Arrests and Drug Types
Drugs are a huge issue in this country. Every 35 seconds, someone in the U.S. is arrested for a drug-related offense, with 43.7% (62,477) of federal prison inmates locked up for drug offenses.
Of 2023’s 907,412 arrests for drug offenses, 82% (743,827) were for drug possession, 12% (108,497) were for drug sale or manufacturing, and 6.1% (55,088) were for drug abuse violations.
The drug offense data offers a clear picture. The vast majority of U.S. drug arrests are for possession, rather than for distribution or manufacturing, with possession of non-narcotic drugs and marijuana alone accounting for over half a million arrests.
Although now recreationally legal in 25 states (and medically sanctioned in 40 states), marijuana remains the main cause of drug arrests in the U.S., emphasizing the enduring disconnect between evolving public policy and police practices.
Methamphetamine and amphetamine-related drugs were involved in more than 307,000 incidents, highlighting the rise of stimulant use. Incidents involving cocaine and opium-derived drugs (such as heroin) led to over 130,000 arrests, while synthetic narcotics (including fentanyl and prescription opioids) accounted for more than 42,000 arrests, reflecting the ongoing toll of the opioid crisis.
As the drug incident table shows, of over a million law-enforcement reported drug incidents, a high number involve uncategorized or ‘other’ drugs. This makes it unclear what’s driving the confiscation of those particular drugs. It also points to the rise of synthetic compounds and counterfeit drugs that are difficult to track and which often elude legal definition.
Overall, study data indicates a system that targets possession (particularly of marijuana, an increasingly decriminalized substance) rather than addressing root causes or punishing those instrumental in drug distribution.
Marijuana: a Huge and Complex Issue
Marijuana’s wide legalization for recreational use marks a major shift in U.S. drug policy. For some years, States like California, New York, Illinois, and Colorado have all featured relaxed marijuana laws, with Minnesota, Delaware, and Ohio recently following suit.
And over a dozen other states, including Hawaii, North Carolina, Nebraska, and Mississippi, have also rubber-stamped marijuana use for medical reasons, or permitted varying small amounts of marijuana possession.
Yet, despite these policy changes, marijuana is still classified as a Schedule I substance at the federal level. This fact has created a confusing legal landscape: what’s legal in one state may still carry serious consequences in another.
Such uneven enforcement can lead to inconsistencies in arrests, charges, and sentencing: this is especially true for any individuals traveling across state lines or those caught up in multi-jurisdiction investigations.
Additionally, law enforcement practices are often archaic, with marijuana possession still frequently used as probable cause for searches or to initiate arrests, particularly in low-income and minority communities.
Disproportionate Race/Ethnicity Targeting
Drug enforcement is subject to significant racial disparities, with Black Americans nearly four times more likely to be arrested for marijuana possession than White individuals, despite similar usage rates.
Of 2023’s 907,000+ drug abuse violation arrests in the U.S., Black people made up 28.5% (207,193), despite comprising around 13% of the national population. Latino individuals accounted for 21% (134,554 arrests), more than their national population share (19%).
Meanwhile, White individuals accounted for 68.6% of drug arrests (498,786), and actually comprise a 72.3% share of the population. These figures clearly illustrate that the Black and Latino communities are disproportionately targeted by law enforcement.
The Added Danger of Fentanyl-Spiked Marijuana
Despite its status as a ‘safe’ or low-risk drug, wide popularity, and broadening legalization, marijuana is still susceptible to the dangers of the synthetic opioid crisis. Across the U.S., study data suggests there have been many alarming recent reports of incidents involving fentanyl-laced marijuana causing overdoses and even deaths.
In many cases, those falling foul of this dangerous combination had no idea they were ingesting anything other than weed. Fentanyl (50 times more potent than heroin) can kill, even in minuscule amounts.
The spiking danger is due to unregulated street markets: dealers may intentionally or accidentally contaminate cannabis products during packaging or transportation. By using a contaminated product, what might otherwise be thought of as a harmless high can quickly become a fatal dose.
The States That Feature the Most Drug Arrests
In 2023, Texas (179,831) and California (163,529) topped the list of drug-related offenses. These numbers reflect more than just population size: they also suggest aggressive enforcement strategies and the ongoing impact of nationwide drug policies.
States like North Carolina, Tennessee, Ohio, and South Carolina also reported exceptionally high drug offense rates, particularly in areas where drug task forces and interagency crackdowns remain active.
And, with over 40,000 drug offenses in Florida, Georgia, and Indiana, thousands of individuals are now logged as drug criminals, sometimes on no more than nonviolent possession charges.
Contrast those numbers with states like Vermont, Rhode Island, Alaska, and Hawaii, all of which reported the lowest number of drug offenses in the U.S. in 2023, each recording fewer than 2,000 cases. These lower figures reflect a combination of factors: smaller populations, state-level decriminalization efforts, and shifting enforcement strategies.
Oregon is a good example of a state reporting immediate results once it moved to decriminalize drugs. In 2021, the state passed Measure 110, a groundbreaking drug decriminalization amendment that no longer imposed jail sentences for the possession of small amounts of drugs (it reversed this measure in 2024). This led to Oregon recording just 7,600 offenses during 2023.
That said, fewer arrests don’t necessarily mean fewer risks. In states where drug laws remain active, enforcement can still be swift and severe depending on jurisdiction and context. Such an uneven landscape means geography can largely determine who gets charged, how a case is handled, and, ultimately, a defendant’s fate.
To use a broad example: Southern states consistently lead the nation in drug-related arrests. The South, often known for tougher-on-crime policies, prioritizes criminalization and enforcement over addressing causes and reducing drug harm.
States like Texas, Georgia, and Louisiana enforce strict drug laws, offer fewer diversion programs, and often feature well-funded narcotics units. Compare that to many Northern and Western states that have decriminalized marijuana and delivered successful treatment-based models.
If you also factor in the South’s high incarceration rates, systemic poverty, and racially uneven arrest numbers, a simple possession charge can quickly become a prison sentence. It’s not just about who’s using drugs—it’s about who gets punished for it.
Substance Abuse and Addiction
Criminalization is not going to eradicate drug abuse or solve root-cause issues, and drug abuse and addiction are often a highly complicated issue. Consider some key drug facts.
- 167.2 million people (59% of the population) aged 12 and older say they have used a substance within the past 30 days.
- Marijuana is the most commonly unlawfully used substance, with almost 62 million people reporting illicit usage.
- Opioids are also commonly misused, with around 9 million people (3.1% of the population) reporting they have abused these drugs.
- 828,000 (0.3% of the population) individuals aged 12 and older have misused prescription fentanyl or used illegally manufactured fentanyl in the past year.
- Nearly 48.7 million people (17.3% of all adults) meet the criteria for a substance use disorder, including 29.5 million with alcohol use disorder, 27.2 million with drug use disorder, and 8 million suffering a combination of the two.
Study data tells us that 42.4% of adults with mental illness and 51.9% with serious mental illness admitted to illicitly using drugs during the past year; compare those figures to the 21% of people without mental illness who have done likewise.
There can be no doubt: there is a huge link between mental health and substance use. And this dynamic often leads to nonviolent drug possession charges for individuals coping with huge mental health challenges.
To put it simply: when mental illness coexists with substance use, punitive legal action like prosecuting a user for possession offers no help or solution, and can easily perpetuate criminalization cycles.
How to Ease a Growing National Crisis
In 2023, 82% of the 907,000 people arrested for drug or narcotic offenses were punished for simple possession. Marijuana was the most frequently seized and used illicit substance, despite its legalization in 25 states and growing calls for inevitable further reform.
Arrests related to opioids, including fentanyl misuse by over 828,000 individuals, emphasize the incessant toll of the opioid epidemic. Notably, 27.2 million people met the criteria for drug use disorder: many now face potentially devastating legal consequences as opposed to medical support.
Drug enforcement patterns also vary widely by region: Texas, California, and Southern states led the nation in arrests, while Northeastern states like Vermont and Rhode Island reported the fewest.
Widely disparate drug-related legal risk in the U.S. depends massively on geography, race or ethnicity, and mental health status. And with 42% of adults with mental illness also reporting illicit drug use, staggering numbers of addicts in desperate need of help are needlessly criminalized, the root causes of their substance use ignored.
Ultimately, the further decriminalization of marijuana across the U.S. makes both health and criminal sense. Even in the absence of legalized marijuana, punitive measures against minor transgressions can ruin lives and cost law enforcement the kind of time and money far better spent focusing on factors like dangerous fentanyl misuse. Help, not punishment, is the best way to combat drug abuse.
With over 25 years of experience in criminal defense, Silver Law Firm represents a lifelong devotion to protecting the rights of the accused. Get in touch today to enlist a strong ally against the harsh California justice system.