Juvenile Possession - What About Children?

Many teenagers try marijuana and hate it, while others use it regularly. Teenage marijuana use is at its highest level in thirty years, and today's teens are more likely to use marijuana than tobacco. Many states allow recreational use of marijuana in adults ages twenty-one and over. Unfortunately, recreational marijuana use by children and teenagers is not legal anywhere in the United States; we can't forget that marijuana is easier to get than ever before. Before jumping into Oklahoma's green wave, I worked in child welfare for many years.

I worked for Children and Family Services, then started working for a nonprofit organization that provides a support network to parents and families of all missing children. I loved working with all types of children/teens/young adults and did my best to value the rights of children and families and a safe environment for children. Unfortunately, I saw cases of juveniles being screwed by the system and receiving minimal to no help and instances that rang victory. However, drugs were nearly the center of the problems at ninety percent.

Because marijuana has become more available than when we were kids, children and teenagers tend to abuse it more, leading to longterm consequences. However, teens rarely think they will end up with problems related to marijuana use, so it is important to begin talking about the risks with your teen early. Such a risk is called - juvenile drug possession. Juvenile drug possession occurs whenever a person under eighteen knowingly controls a regulated drug or substance without a legal reason. Possessing illegal substances in this manner is a crime in all states and can lead to harsh penalties for juveniles.

Adults caught with controlled substances are charged with a crime and have their cases handled in a regular trial court. Minors, however, are not usually accused of a crime in the same way. Instead, the issue is dealt with in the juvenile court system, where (depending on the state), the case may be handled more informally.

HERE IS A LIST OF SOME –

Drug counseling.

Juvenile courts typically focus on rehabilitating young people. A juvenile court can order the juvenile offender, as well as his or her parents, to attend drug counseling in hopes of rehabilitating the teen.

Diversion.

Also known as a pretrial diversion or informal probation, it is also a common consequence for juvenile drug possession offenders. Just as with probation, a juvenile on diversion must comply with specific court rules. However, instead of the court ordering probation, the youth is allowed to adhere to the diversion orders without formally going before the juvenile court. If the juvenile successfully completes the diversion program, the charges are essentially dismissed. However, not all jurisdictions allow for young diversion programs, and it is usually available for first-time offenders only.

Probation.

Orders the juvenile to comply with some specific terms. For example, the court will likely order the child/teen to attend school regularly, maintain a job or find a job if the teen is old enough, participate in drug counseling or family counseling, perform community service or a range of other requirements. The court may also order the juvenile to regularly report to a juvenile probation officer or court officer, though this is not always the case. Probation typically lasts at least six months, but longer terms are also possible.

Detention.

In rare cases, a court can order a juvenile into detention for drug possession. Detention can involve home confinement, placement with a foster family or guardian, placement with a juvenile home, or placement in a juvenile detention center. Drug possession cases do not typically result in detention unless the juvenile is a repeat offender or other factors are present, such as if the drug possession occurred as the result of robbery or violent crime.

Recognizing the harm caused by felony convictions and the importance of targeting limited correctional resources more efficiently, state policymakers and voters have made critical adjustments to their drug laws in recent years. It happened in 2014 with Proposition 47 in California. Five states have reclassified all drug possession from a felony to a misdemeanor. The reforms that have been passed in recent years share three critical details:

Convictions for simple drug possession up to the third conviction are classified as misdemeanors.

People convicted of drug possession are ineligible for state prison sentences.

These changes apply to virtually all controlled substances.

As of 2010, an estimated twenty million people in the US had a current or prior felony conviction, nearly four times more than in 1980.

As a result, the Justice Policy Center reclassified State drug law reforms to reduce felony convictions and increase "second chances" to RECLASSIFIED: STATE DRUG LAW REFORMS TO REDUCE FELONY CONVICTIONS.

Felony convictions for drug law violations are also a significant driver of prison admissions in many states. This growth has occurred at great public expense, even though research shows public health responses to drug use are more effective than criminal justice responses, and not to mention incarcerating teens for drug offenses has a questionable impact on public safety. Over the past two decades, states have implemented numerous reforms to hold people accountable more effectively for drug offenses and address underlying substance use disorders when appropriate.

These include creating and expanding drug courts, providing treatment as an alternative to incarceration, and, most recently, redefining and reclassifying drug offenses in a criminal statute. This shift reflects a growing recognition that prevention and treatment programming outside the criminal justice system can be more effective than relying solely on punishment to stop illegal substance use.

Though it is essential to acknowledge that not everyone convicted of drug possession needs drug treatment, there is a significant unmet need for substance abuse treatment across the nation. According to the Substance Abuse and Mental Health Services Administration (SAMHSA), approximately twenty-one million people needed substance abuse treatment in 2016.

Yet, fewer than one in five (eighteen percent) could access it. Moreover, treatment availability is sparse in most correctional settings for people with substance use disorders who meet the criminal justice system.

Another statistic, The National Center on Addiction and Substance Use, estimates that more than six in ten people in jail or prison meet the medical criteria for a substance use disorder. Yet, only one in ten receive treatment while incarcerated, and only about one in three conditionally released people with substance use disorders receive treatment upon release. Very sad, but true.

Here is a chart of Oklahoma RECLASSIFIED: STATE DRUG LAW REFORMS TO REDUCE FELONY CONVICTIONS.