Offence typesFY2018–FY2025
Drug Possession
Primary offence type · Commission code 9 · 0.5% of federal cases
The datafile contains cases reported to the Commission with sentencing documents. Sentence length statistics use the Commission's capped variable (sentences of 470 months or longer, including life, are recorded as 470 months) and exclude sentences of probation or a fine only. Figures are aggregates of past cases and are not a prediction for any case.
§ 1Length of prison terms, all districts
Interquartile range 0–6 months; mean 4. 0 cases at the 470-month cap (life or longer).
§ 2Summary
Drug Possession was the primary offence type in 2,739 federal cases sentenced across 8 fiscal years (FY2018–FY2025), 0.5% of all cases reported to the Commission, with 107 in FY2025.
The national median prison term for drug possession offences was 4 months, against 24 months for all cases; 53% of cases carried a prison term and the middle half of terms fell between 0 and 6 months.
90% of sentences were within the guideline range, 3% below it on a government motion, 3% below it for other reasons and 6% above it.
The districts with the most drug possession offences were the District of Arizona (724), the Western District of Oklahoma (316) and the Eastern District of Virginia (175).
FY2025 had fewer cases than FY2018 (107 against 777). The median prison term in FY2025 (0 months) was shorter than in FY2018 (6 months).
§ 3Position relative to the guideline range
Within guideline range 90%Above range 6%Below range, government sponsored 3%Below range, other 3%Not determinable 301
| Measure | Drug Possession | All offence types |
|---|---|---|
| Median prison months | 4 | 24 |
| Mean prison months | 4 | 51 |
| Cases with a prison term | 53% | 92% |
| Within guideline range | 90% | 47% |
| Above range | 6% | 3% |
| Below range, government sponsored | 3% | 29% |
| Below range, other | 3% | 21% |
| Median final offence level | 2 | 17 |
| Criminal history category I | 71% | 46% |
§ 4Districts compared
Every district with at least one case, most cases first. Districts with at least 30 cases in 2021–2025 link to a district × offence page; others link to the district's overview. Rows under 10 cases show the count only.
| District | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Arizona D. Ariz. | 724 | 93% | 6 | 86% | — | 0% |
| Western District of Oklahoma W.D. Okla. | 316 | 42% | 0 | 94% | 4% | — |
| Eastern District of Virginia E.D. Va. | 175 | 32% | 0 | 97% | — | — |
| Western District of Texas W.D. Tex. | 146 | 36% | 1 | 97% | 0% | — |
| Eastern District of North Carolina E.D.N.C. | 128 | 21% | 0 | 98% | 0% | — |
| Southern District of California S.D. Cal. | 95 | 67% | 0 | 96% | — | — |
| Central District of California C.D. Cal. | 74 | 16% | 0 | 99% | — | 0% |
| District of New Jersey D.N.J. | 64 | — | — | 93% | 0% | — |
| Western District of Kentucky W.D. Ky. | 55 | — | — | 94% | — | — |
| District of Vermont D. Vt. | 54 | 69% | 0 | 83% | — | — |
| District of Kansas D. Kan. | 44 | 30% | 0 | 87% | 0% | 0% |
| Southern District of New York S.D.N.Y. | 40 | 40% | 0 | 85% | — | — |
| Northern District of Alabama N.D. Ala. | 39 | — | — | 95% | 0% | — |
| Middle District of Tennessee M.D. Tenn. | 37 | — | — | 96% | — | 0% |
| Southern District of Georgia S.D. Ga. | 35 | 43% | 0 | 91% | — | 0% |
| Northern District of Florida N.D. Fla. | 34 | 38% | 2 | 92% | 0% | — |
| District of Maryland D. Md. | 33 | — | — | — | — | — |
| Western District of Washington W.D. Wash. | 32 | — | — | 84% | — | — |
| District of Utah D. Utah | 31 | 52% | 1 | 83% | — | 0% |
| Middle District of Georgia M.D. Ga. | 31 | 39% | 5 | 87% | — | — |
| District of New Hampshire D.N.H. | 27 | — | 0 | 72% | — | — |
| Western District of Louisiana W.D. La. | 26 | — | — | — | — | — |
| Northern District of Texas N.D. Tex. | 25 | — | 6 | 80% | 0% | — |
| Southern District of Ohio S.D. Ohio | 25 | — | — | 84% | 0% | — |
| Western District of New York W.D.N.Y. | 24 | 58% | 3 | 79% | — | — |
| District of Colorado D. Colo. | 21 | — | — | 81% | — | 0% |
| District of Oregon D. Or. | 20 | — | — | 90% | — | 0% |
| Northern District of Oklahoma N.D. Okla. | 19 | — | — | 74% | — | — |
| District of Idaho D. Idaho | 15 | — | — | 87% | — | — |
| Eastern District of Michigan E.D. Mich. | 14 | — | 0 | 79% | — | — |
| Northern District of Iowa N.D. Iowa | 14 | — | — | — | — | — |
| District of South Dakota D.S.D. | 14 | — | — | 93% | 0% | 0% |
| Middle District of Alabama M.D. Ala. | 14 | — | — | 100% | 0% | 0% |
| Southern District of West Virginia S.D.W. Va. | 13 | — | 6 | — | — | — |
| District of Nevada D. Nev. | 12 | — | — | 100% | 0% | 0% |
| District of New Mexico D.N.M. | 12 | — | — | — | — | 0% |
| Western District of North Carolina W.D.N.C. | 10 | — | — | — | 0% | 0% |
| District of South Carolina D.S.C. | 10 | — | — | — | 0% | 0% |
| Southern District of Texas S.D. Tex. | 10 | — | — | — | — | 0% |
| District of Connecticut D. Conn. | <10 | fewer than 10 cases | ||||
| Northern District of West Virginia N.D.W. Va. | <10 | fewer than 10 cases | ||||
| Eastern District of Missouri E.D. Mo. | <10 | fewer than 10 cases | ||||
| District of North Dakota D.N.D. | <10 | fewer than 10 cases | ||||
| Eastern District of Washington E.D. Wash. | <10 | fewer than 10 cases | ||||
| Eastern District of Tennessee E.D. Tenn. | <10 | fewer than 10 cases | ||||
| Northern District of Illinois N.D. Ill. | <10 | fewer than 10 cases | ||||
| District of Nebraska D. Neb. | <10 | fewer than 10 cases | ||||
| Western District of Pennsylvania W.D. Pa. | <10 | fewer than 10 cases | ||||
| Eastern District of Texas E.D. Tex. | <10 | fewer than 10 cases | ||||
| Eastern District of Kentucky E.D. Ky. | <10 | fewer than 10 cases | ||||
| District of Wyoming D. Wyo. | <10 | fewer than 10 cases | ||||
| Middle District of Florida M.D. Fla. | <10 | fewer than 10 cases | ||||
| District of the Virgin Islands D.V.I. | <10 | fewer than 10 cases | ||||
| Middle District of North Carolina M.D.N.C. | <10 | fewer than 10 cases | ||||
| Western District of Missouri W.D. Mo. | <10 | fewer than 10 cases | ||||
| Eastern District of California E.D. Cal. | <10 | fewer than 10 cases | ||||
| District of Massachusetts D. Mass. | <10 | fewer than 10 cases | ||||
| District of Puerto Rico D.P.R. | <10 | fewer than 10 cases | ||||
| Eastern District of New York E.D.N.Y. | <10 | fewer than 10 cases | ||||
| Middle District of Pennsylvania M.D. Pa. | <10 | fewer than 10 cases | ||||
| Western District of Virginia W.D. Va. | <10 | fewer than 10 cases | ||||
| Eastern District of Wisconsin E.D. Wis. | <10 | fewer than 10 cases | ||||
| Northern District of California N.D. Cal. | <10 | fewer than 10 cases | ||||
| District of Columbia D.D.C. | <10 | fewer than 10 cases | ||||
| Northern District of New York N.D.N.Y. | <10 | fewer than 10 cases | ||||
| Northern District of Mississippi N.D. Miss. | <10 | fewer than 10 cases | ||||
| Southern District of Iowa S.D. Iowa | <10 | fewer than 10 cases | ||||
| District of Minnesota D. Minn. | <10 | fewer than 10 cases | ||||
| District of Alaska D. Alaska | <10 | fewer than 10 cases | ||||
| District of Hawaii D. Haw. | <10 | fewer than 10 cases | ||||
| Southern District of Florida S.D. Fla. | <10 | fewer than 10 cases | ||||
| Northern District of Georgia N.D. Ga. | <10 | fewer than 10 cases | ||||
| District of Maine D. Me. | <10 | fewer than 10 cases | ||||
| Western District of Michigan W.D. Mich. | <10 | fewer than 10 cases | ||||
| Northern District of Ohio N.D. Ohio | <10 | fewer than 10 cases | ||||
| Western District of Tennessee W.D. Tenn. | <10 | fewer than 10 cases | ||||
| District of Montana D. Mont. | <10 | fewer than 10 cases | ||||
| Southern District of Mississippi S.D. Miss. | <10 | fewer than 10 cases | ||||
| Eastern District of Arkansas E.D. Ark. | <10 | fewer than 10 cases | ||||
| Western District of Arkansas W.D. Ark. | <10 | fewer than 10 cases | ||||
| District of Rhode Island D.R.I. | <10 | fewer than 10 cases | ||||
| Eastern District of Pennsylvania E.D. Pa. | <10 | fewer than 10 cases | ||||
| Eastern District of Louisiana E.D. La. | <10 | fewer than 10 cases | ||||
| Central District of Illinois C.D. Ill. | <10 | fewer than 10 cases | ||||
| Northern District of Indiana N.D. Ind. | <10 | fewer than 10 cases | ||||
| Eastern District of Oklahoma E.D. Okla. | <10 | fewer than 10 cases | ||||
| Southern District of Alabama S.D. Ala. | <10 | fewer than 10 cases | ||||
§ 5Circuits compared
| Circuit | Cases | Prison | Median months | Within range | Below, gov. | Below, other |
|---|---|---|---|---|---|---|
| District of Columbia Circuit | <10 | fewer than 10 cases | ||||
| First Circuit | 41 | 63% | 0 | 76% | — | — |
| Second Circuit | 136 | 52% | 0 | 85% | 8% | 8% |
| Third Circuit | 83 | 23% | 1 | 90% | 0% | — |
| Fourth Circuit | 389 | 32% | 0 | 94% | — | — |
| Fifth Circuit | 221 | 39% | 1 | 92% | — | — |
| Sixth Circuit | 155 | 30% | 0 | 89% | — | — |
| Seventh Circuit | 15 | — | — | 93% | 0% | — |
| Eighth Circuit | 72 | 61% | 4 | 79% | — | — |
| Ninth Circuit | 1,003 | 79% | 6 | 89% | 2% | — |
| Tenth Circuit | 451 | 39% | 0 | 91% | 4% | 2% |
| Eleventh Circuit | 169 | 32% | 3 | 90% | — | — |
§ 6Trend by fiscal year
| Fiscal year | Cases | Prison | Median months | Within range | Below, gov. | Below, other | Above |
|---|---|---|---|---|---|---|---|
| FY2018 | 777 | 62% | 6 | 90% | 2% | — | 8% |
| FY2019 | 563 | 53% | 3 | 91% | — | 3% | 5% |
| FY2020 | 439 | 58% | 6 | 88% | 3% | 3% | 6% |
| FY2021 | 309 | 36% | 0 | 91% | — | 4% | — |
| FY2022 | 296 | 42% | 0 | 88% | 5% | 4% | 4% |
| FY2023 | 139 | 50% | 0 | 90% | — | — | — |
| FY2024 | 109 | 51% | 0 | 88% | — | — | — |
| FY2025 | 107 | 51% | 0 | 88% | — | — | — |
§ 7Criminal history
Share of cases at each final criminal history category; grey figure: all federal cases.
§ 8Guideline sections involved
| Primary guideline | Subject | Cases | Share of this offence type |
|---|---|---|---|
| §2D2.1 | Unlawful possession (drugs) | 950 | 34.7% |
§ 9Questions and answers
What is the average federal sentence for drug possession offences?
The median prison term over FY2018–FY2025 was 4 months and the mean was 4 months (life sentences counted as 470 months, the Commission's convention). Medians are used on this site because a few very long terms pull the mean upward.
How much does the sentence for drug possession offences vary by district?
Among districts with at least 10 cases, medians ranged from 0 months (W.D. Okla.) to 6 months (D. Ariz.). The mix of guidelines, statutory minimums and criminal history within the offence type explains much of the spread.
How often are drug possession offences sentenced outside the guideline range?
11% of sentences were outside the range: 3% below it on a government motion, 3% below it for other reasons and 6% above it.
Which guidelines apply to drug possession offences?
The most common primary guidelines are §2D2.1. The Commission assigns the offence type mainly from the primary guideline the court applied.
Where do these figures come from?
The US Sentencing Commission's individual offender datafiles, FY2018–FY2025, using the Commission's OFFGUIDE offence type, SENTRNGE range status and SENTTCAP capped prison months. Counts under 10 are hidden.
§ 10Provenance
Source: United States Sentencing Commission, Individual Offender Datafiles, fiscal years 2018–2025 (US government works), aggregated by this site; the FY2025 file is dated 29 Apr 2026. Offence type is the Commission's OFFGUIDE code 9. Counts below 10 are hidden or pooled. Errors in this site's processing are corrected at the next build; see corrections. Methodology.