New Times came up with the figures by analyzing jail bookings and costs in Maricopa County, plus arrests statistics from the Arizona Department of Public Safety.
If voters approve Prop 205 in November, anything up to an ounce of marijuana and five grams of concentrates will be legal to possess. Currently, any amount of marijuana is a felony, and many — if not most — of the adults caught with pot are taken to jail.
Different police agencies have different policies in pot-possession cases: Phoenix, for example, takes all adults to jail. Cities like Mesa and Glendale, however, have a policy that allows the officer to decide whether to take the offender to jail or cite and release them at the scene.
When cities decide to take the offender to jail, he or she is booked into county jail because the alleged charge is a felony.
Through August 31 of this year, an average of 503 people per month were booked into Maricopa County jail on simple marijuana-possession charges, county statistics show.
That means slightly more than 6,000 people will be booked on those charges by year’s end. (The actual figure between January 1 and August 31 is 4,682 people booked.) It also means that on any given day, at least 16 people — on average — are booked into the jail on a marijuana-possession charge.
Officials with the Arizona Department of Public Safety say that more than 90 percent of all seized marijuana tested by police at the state laboratory weighed an ounce or less, meaning that amount would be legal under Prop 205.
Taking 90 percent of Maricopa County’s pot booking numbers and multiplying by the $285.94 cost of booking someone in fiscal year 2015-2016, the total is $1.34 million for the year. And that’s just for Maricopa County, the largest of 15 Arizona counties.
As mentioned, depending where the bust occurs the marijuana suspect may be “long-formed” and not taken to jail. DPS statistics show that 12,987 adults were arrested for marijuana possession statewide in 2015. Without a detailed analysis of all 15 counties, it’s not possible to know the total, statewide cost of booking people into jail for marijuana possession. But logically, it must be at least a few hundred-thousand dollars more, once Pima County (home to Tucson, the state’s second-largest city) and other population centers in Arizona are included.
Sergeant Diana Williams, spokeswoman for Mesa police, couldn’t give a breakdown on how many people were long-formed and released versus taken to jail for pot possession.
“If somebody has a usable quantity of marijuana, a valid ID and a clean history, we’ll mostly likely long-form,” she said.
Yet writing the felony citation long-form still takes an officer one-to-two hours, she said.
Assuming it takes 1.5 hours for an officer to either long-form or book someone into jail, that adds up to 17,550 man-hours — or two full man-years — that officers spent on the ounce-or-less cases throughout the state in 2015.
Eliminating these 11,700 possession arrests with under Prop 205, then, would save an enormous amount of time for police officers, allowing them to address more serious crimes. It would also save time for jail staff, court staff, and prosecutors. In the Maricopa County Attorney’s Office, for instance, simple marijuana-possession cases combined with marijuana-paraphernalia charges likely make up the single-largest category of felony cases the agency handles.
While the courts and prosecutors’ offices would save time, it’s not clear how much money Prop 205 would save them because marijuana offenders pay fees, fines and court costs that may — in the case of prosecutors’ offices — result in a profit.
Some of the people in the analysis were booked not just on marijuana charges, but were suspected of other crimes, too. That means a certain, unknown fraction of those jail inmates would have been arrested whether or not they were in possession of marijuana at the time.
However, attorney Tom Dean, whose practice focuses on marijuana cases, says that New Times‘ numbers are likely conservative — that is, the monetary cost and officer time in marijuana cases statewide are likely even higher than calculated here. Marijuana-possession cases that involve allegations of misdemeanor crimes wouldn’t necessarily involve a trip to jail without the felony marijuana charge, he says.
Dean points out that the MCSO stats didn’t take into account cases of possession of marijuana concentrates like hashish, which would be legal in small quantities under Prop 205 but are now considered serious “narcotics” felony violations under current state law.
Another factor is that Prop 205 would make between an ounce and 2.5 ounces a petty offense, meaning that beyond the outright legalization of 90 percent of felony marijuana-possession charges, even more than 90 percent would no longer be arrestable offenses.
The MCSO wasn’t able to provide New Times information on the average length of stay for people booked into jail on marijuana-possession charges. If a person stays for the whole day, or more than a day, an additional $85.49 per day cost would apply. But those extra costs don’t usually apply for simple possession cases.
Under a 1996 drug-law reform measure approved by voters, authorities are prohibited from sentencing someone to jail or prison for their first or second possession offense, unless the person refuses to accept probation terms. In nearly all marijuana-possession cases, if a person is booked into jail, he or she is released from jail within a few hours, Dean says.
Prop 205 doesn’t just save money by reforming the state’s felony-prohibition law for cannabis, either — it makes money by taxing 600,000 Arizona adults 21 and older for something they’re already doing. State budget analysts predict that the treasuries of the state, cities and counties would see a windfall of more than $120 million in taxes and fees because of Prop 205 by 2020.