Maggie's Farm

In 1997, the year for which the most recent data are available, just 1.6 percent of the state inmate population were held for offenses involving only marijuana, and less than one percent of all state prisoners (0.7 percent) were incarcerated with marijuana possession as the only charge, according to the U.S. Department of Justice’s Bureau of Justice Statistics (BJS). An even smaller fraction of state prisoners in 1997 who were convicted just for marijuana possession were first time offenders (0.3 percent).

The numbers on the federal level tell a similar story. Out of all drug defendants sentenced in federal court for marijuana crimes in 2001, the overwhelming majority were convicted for trafficking, according to the U.S. Sentencing Commission. Only 2.3 percent—186 people—received sentences for simple possession, and of the 174 for whom sentencing information is known, just 63 actually served time behind bars.


It would be wrong to suggest that simple¬ possession offenders never see the inside of a prison cell. Sometimes they do, of course. A few may be sentenced outright, even when no other charges or aggravating factors are involved. But there is also a range of other circumstances under which a simple¬ possession marijuana offender might receive a prison sentence.
For example, this could happen if:
• the marijuana offense was committed while the offender was on
probation or parole;
• an offender charged with a more serious crime pleads guilty to the lesser
offense of marijuana possession but, as part of a plea bargain, is required
to serve a prison sentence;
• the offender has a criminal history, particularly one involving drugs or
violent crime;
• the violation took place in a designated drug¬free zone (such as on school
property); or
• the marijuana sentence piggybacks (runs concurrent with) the sentence for one or more other offenses;

To generate a life sentence in federal court, a conviction would have to involve at least 33 tons of marijuana and additional aggravating factors, such as a leadership role in a continuing criminal activity. No one can get a life sentence in federal prison for marijuana based solely on the amount involved.24

A few states—including Mississippi, Montana, Nevada, Oklahoma, and Texas—do, in fact, allow judges to impose a life sentence even for a first pot offense. Texas applies this provision only to trafficking offenses and to possession cases involving a ton or more of marijuana, and in Nevada, a life sentence is possible with possession of 10,000 pounds—five tons—or more. In the other states mentioned above, a first time marijuana offense can draw a life sentence only if the case involves the sale, manufacture, or cultivation of the drug, not mere possession.25

Kenneth Dude Payne, III ("Appellant") appeals his conviction for theft for which a jury assessed punishment at imprisonment for two years and a fine of $10,000.00. Appellant raises three issues on appeal. We affirm.