Even as more states continue to legalize marijuana, new FBI data shows that at least 200,000 people were arrested over cannabis in 2023—and simple possession again made up the vast majority of those cases. Those figures are likely understated, however, given inconsistencies in the federal data and ongoing questions about the agency’s methodology.
At a time when the public and both major party presidential nominees find themselves aligned in their opposition to criminalizing people over low-level marijuana offenses, advocates say the federal data released on Monday further underscores the need to urgently change course.
The 2023 data, according to FBI, comes from more than 14 million criminal offenses reported to the Uniform Crime Reporting (UCR) Program, which is submitted by over 16,000 state, local and tribal agencies whose jurisdictions comprise more than 94 percent of the country’s population. That’s slightly more data coverage compared to the FBI’s crime report from the prior year.
Because not all agencies provide data for the complete reporting periods, FBI has explained that the bureau calculates estimated crime numbers, essentially extrapolating “by following a standard estimation procedure using the data provided.” In terms of total reported arrests for “drug/narcotic,” for example, FBI said there were 879,118 arrests.
Those numbers, however, aren’t consistent throughout the FBI report. In a section on arrests by region, FBI said there were 746,292 total drug arrests in 2023. In a separate analysis of historical trends, meanwhile, FBI reported just 635,066 drug arrests last year. Another section on racial breakdowns says there were 726,623 drug abuse violations.
The agency further reported that there were 1,544,907 crimes involving a person’s suspected use of drugs other than alcohol in 2023.
Using the agency’s estimated numbers, the 870,874 arrests for drug abuse violations account for about 12 percent of the approximately 7.5 million estimated arrests nationwide in 2023, according to one section of the report.
Of all total drug-related arrests in the new report, FBI said, 23 percent were for marijuana possession—more than for possession of any other listed substance. Arrests for selling or manufacturing cannabis, meanwhile, made up 2 percent of total drug arrests.
According to the data, 200,306 estimated arrests occurred for marijuana possession and another 16,844 estimated arrests were for cannabis sales or manufacturing in 2023. The numbers are down from 2022, but advocates say the continued criminalization at the current scale remains unacceptable, especially in the face of growing public consensus in favor of legalization.
At the same time, frustrations over FBI’s inconsistent data reporting on cannabis and other drug arrest trends have persisted.
Hellbound and Down 