Friday, November 16, 2012

Drug Use and Diversion in the US

2010 National Survey on Drug Use

The National Survey on Drug Use and Health (NSDUH) obtains information on nine categories of illicit drug use: use of marijuana, cocaine, heroin, hallucinogens, and inhalants, as well as the nonmedical use of prescription-type pain relievers, tranquilizers, stimulants, and sedatives. In these categories, hashish is included with marijuana, and crack is considered a form of cocaine. Several drugs are grouped under the hallucinogens category, including LSD, PCP, peyote, mescaline, psilocybin mushrooms, and "Ecstasy" (MDMA). Inhalants include a variety of substances, such as nitrous oxide, amyl nitrite, cleaning fluids, gasoline, spray paint, other aerosol sprays, and glue. Respondents are asked to report use of inhalants to get high but not to report times when they accidentally inhaled a substance.

The four categories of prescription-type drugs (pain relievers, tranquilizers, stimulants, and sedatives) cover numerous medications that currently are or have been available by prescription. They also include drugs within these groupings that originally were prescription medications but currently may be manufactured and distributed illegally, such as methamphetamine, which is included under stimulants. Respondents are asked to report only "nonmedical" use of these drugs, defined as use without a prescription of the individual's own or simply for the experience or feeling the drugs caused. Use of over-the-counter drugs and legitimate use of prescription drugs are not included. NSDUH reports combine the four prescription-type drug groups into a category referred to as "psychotherapeutics."

Estimates of "illicit drug use" reported from NSDUH reflect the use of any of the nine drug categories listed above. Use of alcohol and tobacco products, while illegal for youths, is not included in these estimates.

In 2010, an estimated 22.6 million Americans aged 12 or older were current (past month) illicit drug users, meaning they had used an illicit drug during the month prior to the survey interview (Figure 2.1). This estimate represents 8.9 percent of the population aged 12 or older.

Figure 2.1 Past Month Illicit Drug Use among Persons Aged 12 or Older: 2010

1 Illicit Drugs include marijuana/hashish, cocaine (including crack), heroin, hallucinogens, inhalants, or prescription-type psychotherapeutics used nonmedically.

The overall rate of current illicit drug use among persons aged 12 or older in 2010 (8.9 percent) was similar to the rate in 2009 (8.7 percent), but it was higher than the rates in 2002 through 2008 (Figure 2.2).

Figure 2.2 Past Month Use of Selected Illicit Drugs among Persons Aged 12 or Older: 2002-2010
+ Difference between this estimate and the 2010 estimate is statistically significant at the .05 level.

In 2010, marijuana was the most commonly used illicit drug, with 17.4 million current users. It was used by 76.8 percent of current illicit drug users and was the only drug used by 60.1 percent of them. Also in 2010, 9.0 million persons aged 12 or older were current users of illicit drugs other than marijuana (or 39.9 percent of illicit drug users aged 12 or older). Current use of other drugs but not marijuana was reported by 23.2 percent of illicit drug users, and 16.7 percent used both marijuana and other drugs.

The number and percentage of persons aged 12 or older who were current users of marijuana in 2010 (17.4 million or 6.9 percent) were similar to the estimates for 2009 (16.7 million or 6.6 percent), but the estimates in 2010 were higher than those in 2002 through 2008. Between 2007 and 2010, the rate increased from 5.8 to 6.9 percent, and the number of users increased from 14.4 million to 17.4 million.

An estimated 9.0 million people aged 12 or older (3.6 percent) were current users of illicit drugs other than marijuana in 2010. The majority of these users (7.0 million persons or 2.7 percent of the population) were nonmedical users of psychotherapeutic drugs, including 5.1 million users of pain relievers, 2.2 million users of tranquilizers, 1.1 million users of stimulants, and 374,000 users of sedatives.

The number and percentage of persons aged 12 or older who were current nonmedical users of psychotherapeutic drugs in 2010 (7.0 million or 2.7 percent) were similar to those in 2009 (7.0 million or 2.8 percent) and to those in 2002 (6.3 million or 2.7 percent) (Figure 2.2).

The number and percentage of persons aged 12 or older who were current nonmedical users of stimulants in 2010 (1.1 million or 0.4 percent) were similar to those in 2009 (1.3 million or 0.5 percent) (Figure 2.3). 

Figure 2.3 Past Month Nonmedical Use of Types of Psychotherapeutic Drugs among Persons Aged 12 or Older: 2002-2010


 + Difference between this estimate and the 2010 estimate is statistically significant at the .05 level.

The number and percentage of persons aged 12 or older who were current users of methamphetamine in 2010 (353,000 or 0.1 percent) were similar to those from 2007 through 2009, but lower than those from 2002 through 2006. The previous numbers and percentages were 502,000 (0.2 percent) in 2009, 314,000 (0.1 percent) in 2008, 529,000 (0.2 percent) in 2007, 731,000 (0.3 percent) in 2006, 628,000 (0.3 percent) in 2005, 706,000 (0.3 percent) in 2004, 726,000 (0.3 percent) in 2003, and 683,000 (0.3 percent) in 2002.

The number and percentage of persons aged 12 or older who were current users of cocaine in 2010 (1.5 million or 0.6 percent) were similar to those in 2009 (1.6 million or 0.7 percent), but lower than those from 2002 through 2008. The previous numbers and percentages were 1.9 million (0.7 percent) in 2008, 2.1 million (0.8 percent) in 2007, 2.4 million (1.0 percent) in 2006, 2.4 million (1.0 percent) in 2005, 2.0 million (0.8 percent) in 2004, 2.3 million (1.0 percent) in 2003, and 2.0 million (0.9 percent) in 2002.

The number and percentage of persons aged 12 or older who were current users of hallucinogens in 2010 (1.2 million or 0.5 percent) were similar to those in 2009 (1.3 million or 0.5 percent). These include similar numbers and percentages for current users of Ecstasy, with 695,000 (0.3 percent) current users in 2010 and 760,000 (0.3 percent) current users in 2009. 


Tom Wilson Counseling Center's Online Drug Diversion Program is for first offense drug defendants. Diversion is the procedure of suspending the criminal prosecution of an individual, by allowing the offender to complete a drug education, drug treatment, or drug rehabilitation program instead of further criminal proceedings.

Diversion has become a very popular method of alleviating congested court calendars, while at the same time allowing first-offenders to avoid the blemish of a drug conviction on their record. The program allows offenders to avoid a criminal record by completing drug education or a drug counseling program.

If a first offense drug defendant has an otherwise clean criminal record, judges generally will find a defendant eligible for the drug diversion program without requiring a formal eligibility evaluation.

You must obtain preauthorization from the court before enrolling. Policies may change without notice, and there is no guarantee that you will be approved for online classes by the county courts. 

Court Procedures for Deferred Entry of Judgment Program in California

Under California Penal Code 1000 (PC 1000) the defendant must agree to have his or her case referred to the probation department to determine if they are eligible for the diversion program. If the probation department agrees that the offender is eligible, the judge will set a hearing after the referral to the probation department. 

At the DEJ hearing the judge will determine eligibility for the diversion program. If found eligible by the judge, program requirements will be described to the defendant, including the program length and the consequences of not enrolling or completing the program. 

In court, the defendant is advised that he or she must plead guilty to the charges, and pay a restitution fee of not less than $100 and not more that $1000. 

The defendant is advised that they are responsible for treatment, education or rehabilitation costs, and also for reasonable probation fees and costs. 

The defendant is advised that if he or she successfully completes the program, the criminal charges will be dismissed and the arrest for the charge(s) deemed to have never occurred. 

However, if the defendant fails to enroll in the diversion program or fails to comply with or complete the program requirements, diversion will be terminated and criminal proceedings against the defendant will proceed.