Anti-Drug Legislation Matrix

What are the penalties for possession of cocaine? What are the penalties for possession of heroin? What are the penalties for possession of prescription drugs? What is the blood alcohol level for a driving while intoxicated (DWI) or driving under the influence (DUI) crime? Is there extreme DWI or DUI? If so, what is the punishment? Federal Yes First offense is up to 1 year imprisonment and/or a maximum fine of $100,000. Second offense is 15 days to 2 years and/or a fine of $2,500 – $250,000. Third and subsequent offenses are 90 days to 3 years and/or a fine of $5,000 – $250,000. First offense is up to 1 year imprisonment and/or a maximum fine of $100,000. Second offense is 15 days to 2 years and/or a fine of $2,500 – $250,000. Third and subsequent offenses are 90 days to 3 years and/or a fine of $5,000 – $250,000. First offense is up to 1 year imprisonment and/or a maximum fine of $100,000. Second offense is 15 days to 2 years and/or a fine of $2,500 – $250,000.

Third and subsequent offenses are 90 days to 3 years and/or a fine of $5,000 – $250,000. 0.08% Blood Alcohol Concentration No Arizona Yes It is a Class 4 felony which carries a sentence of 18 months to 3 years imprisonment, and a fine up to $2,000 or three times the value of substance involved, but not more than $150,000. It is a Class 4 felony which carries a sentence of 18 months to 3 years imprisonment, and a fine up to $2,000 or three times the value of substance involved, but not more than $150,000. It is a Class 1 misdemeanor which carries a sentence of up to six months in jail and/or a fine up to $1,000. 0.08% Blood Alcohol Concentration Yes. First offense is 30 days in jail, fines/costs exceeding $2,700, 90-day license suspension, ignition interlock for 12-18 months, up to 5 years probation, possible community service, and possible vehicle impoundment. Washington Yes Class C felony which carries up to 5 years imprisonment and fines up to $10,000. Class C felony which carries up to 5 years imprisonment and fines up to $10,000. Class C felony which carries up to 5 years imprisonment and fines up to $10,000. 0.08% Blood Alcohol Concentration No Hawaii Yes First degree is a Class A felony and carries 20 years without possibility of probation or life imprisonment and/or fines up to $50,000.

Second degree is a Class B felony and carries up to 10 years imprisonment and/or fines up to $25,000. Third degree is a Class C felony and carries up to 5 years imprisonment and/or fines up to $10,000. First degree is a Class A felony and carries 20 years without possibility of probation or life imprisonment and/or fines up to $50,000 . Second degree is a Class B felony and carries up to 10 years imprisonment and/or fines up to $25,000. Third degree is a Class C felony and carries up to 5 years imprisonment and/or fines up to $10,000. First degree is a Class A felony and carries 20 years without possibility of probation or life imprisonment and/or fines up to $50,000.

Second degree is a Class B felony and carries up to 10 years imprisonment and/or fines up to $25,000. Third degree is a Class C felony and carries up to 5 years imprisonment and/or fines up to $10,000. 0.08% Blood Alcohol Concentration Yes. Punishment of 48 hours to 5 days imprisonment, $150 to $1,000 fine, 6 month license suspension, $25 to $50 Special Trauma Fund surcharge, minimum 72 hours community service, and mandatory completion of substance abuse/education program with a 14 hour minimum.

1. Where do you see the largest variance between federal and state anti-drug legislation?

The largest variance is seen between the federal and Arizona state anti-drug legislation for the possession of prescription drugs. The federal legislation imposes a first offense punishment of up to a year imprisonment and/or up to a $100,000 fine, whereas Arizona legislation only imposes a punishment of up to six months imprisonment and/or a fine of up to $1,000.

2. What is the purpose of anti-drug legislation in relation to public order crime?
A public order crime is defined as a crime that involves acts that interfere with the normal operation of society. These crimes go against publicly shared values, norms, or customs. Conduct or acts that are considered harmful to society can be prosecuted under public order crimes (Siegel, 2004). The purpose of anti-drug legislation in relation to public order crime began because of rising problems as a result of addiction being perceived as morally destructive. The Supreme Court decisions of Webb et al. v. United States 249 U.S. 96 (1919) and United States v. Behrman 258 U.S. 280 (1922) resulted in pushing the use of drugs underground and consolidated their criminal status (Stanford University, n.d.).

References:

Siegel, L. J. (2004). Criminology: Theories, Patterns, & Typologies. (8th ed.). Belmont,

CA: Wadsworth Publishing.

Stanford University. (n.d.). The United States War on Drugs. Retrieved from

http://www.stanford.edu/class/e297c/poverty_prejudice/paradox/htele.html