FBI Reports 217,150 Cannabis Arrests in 2023, Down Slightly from Previous Year

In 2023, the Federal Bureau of Investigation (FBI) reported 217,150 arrests for marijuana violations, according to data published in the Bureau’s Crime Data Explorer. This figure represents a slight decrease from the 227,108 marijuana-related arrests made in 2022. However, the data continues to highlight the significant number of individuals facing legal consequences for low-level cannabis offenses, particularly possession, which accounted for the overwhelming majority of arrests.

Marijuana Possession Dominates Arrests

Of those arrested for marijuana-related offenses in 2023, a staggering 84%, or just over 200,000 people, were charged solely with possession. This number underscores how marijuana possession continues to be a focal point for law enforcement, despite widespread state-level legalization and decriminalization efforts. Importantly, the FBI’s arrest data tracks the number of arrests, not individuals, meaning that some people may be arrested multiple times in a single year, inflating the overall figures.

The FBI’s data covers reports from local law enforcement agencies representing approximately 90% of the U.S. population, meaning the actual number of marijuana-related arrests is likely higher than what is officially reported. Although the arrest numbers have declined significantly from their peak of 870,000 arrests in 2007, the persistence of marijuana-related arrests raises concerns, particularly as cannabis legalization expands across the U.S.

The Slow Decline of Cannabis Arrests

Despite the slow decline in marijuana-related arrests over the years, advocacy groups remain concerned about the ongoing impact of these enforcement efforts. Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), has voiced frustration at the lack of comprehensive data on the broader implications of marijuana prohibition. While the number of marijuana arrests has dropped over the past decade, the absence of detailed information on the financial and social costs of marijuana enforcement complicates efforts to fully understand the scope of the issue.

In particular, Armentano’s critique underscores the broader disconnect between evolving public policy on marijuana and the persistent criminalization of cannabis possession at the federal level. As more states move toward legalizing marijuana for recreational or medical use, the continued high rate of arrests for possession-related offenses signals a misalignment between state policies and federal law enforcement priorities.

Cannabis Arrests in Context: A Driver of Drug Possession Charges

Marijuana arrests in 2023 fit into a larger picture of drug-related offenses in the United States. Marijuana possession charges remain a substantial part of the broader drug possession category, which recorded 3,801,505 arrests in 2023. Drug possession ranked as the second-most common arrest offense, trailing only the “All Other Offenses” category, and outpaced arrests for other crimes such as simple assault (3,584,195 arrests), driving under the influence (2,863,542 arrests), and larceny (2,372,550 arrests).

The data highlights how low-level drug offenses, including marijuana possession, continue to dominate the U.S. criminal justice system, even as state-level legalization efforts gain momentum. While serious crimes such as aggravated assault and violent offenses are also tracked, low-level drug offenses remain a key driver of arrest statistics, reflecting the ongoing prioritization of drug-related law enforcement.

2023 FBI Data Overview: Crime Rates and Trends

In addition to marijuana arrest data, the FBI’s 2023 Crime in the Nation report provides a broader overview of crime trends in the U.S. The report compiled data from over 16,000 law enforcement agencies, representing 94.3% of the U.S. population. A key finding of the report is a 3.0% decrease in violent crime nationwide, with notable reductions in major categories such as murder, rape, aggravated assault, and robbery.

Despite these positive trends in violent crime reduction, the persistence of high arrest rates for marijuana possession indicates that drug enforcement remains a significant focus for law enforcement agencies. This focus on marijuana-related offenses is especially stark given the broader push toward decriminalization and legalization at the state level.

A Declining but Persistent Trend

While marijuana arrests have steadily declined from their peak, they continue to account for a significant portion of overall arrests, especially within the broader category of drug possession. The data also reflects broader inconsistencies in how drug laws are enforced across the country. States like California and Colorado, which have legalized recreational marijuana, see significantly lower rates of marijuana-related arrests than states where cannabis remains illegal. This disparity suggests that marijuana enforcement is increasingly concentrated in regions where legalization efforts have yet to take hold.

Moreover, the relatively high percentage of arrests for simple marijuana possession underscores the need for further criminal justice reform, particularly when it comes to low-level drug offenses. Advocates for reform point to the social and economic costs of marijuana enforcement, including the long-term impact of criminal records on employment opportunities and the disproportionate effect of marijuana arrests on communities of color.

Legalization vs. Federal Enforcement

The FBI’s 2023 data reflects a tension between state and federal approaches to marijuana enforcement. While state-level reforms continue to advance, the federal government has not yet fully aligned with the growing trend toward legalization. Marijuana remains classified as a Schedule I substance under federal law, meaning it is considered illegal for all purposes, including medical and recreational use, in the eyes of federal authorities.

This ongoing conflict between state and federal policies leaves many Americans vulnerable to arrest and prosecution for marijuana possession, even in states where the substance is legal. The FBI’s arrest data highlights the extent to which marijuana prohibition continues to shape law enforcement practices, despite growing public support for legalization.

Hate Crime Decline and Broader Trends

Beyond drug-related offenses, the FBI’s 2023 report also noted a 0.6% decrease in hate crime incidents, signaling progress in certain areas of law enforcement. This slight decline, coupled with reductions in violent crime, suggests that law enforcement agencies are making headway in addressing some of the most pressing public safety concerns. However, the ongoing focus on low-level drug offenses, particularly marijuana possession, continues to dominate the criminal justice landscape.

The Future of Cannabis Arrests

As the U.S. moves closer to a national conversation on marijuana legalization, the persistent arrest rates for marijuana possession raise important questions about the future of drug enforcement. With marijuana legalization now a reality in many states, advocates are calling for broader reforms to align federal policies with state laws and reduce the legal consequences of marijuana possession.

The FBI’s 2023 data highlights both progress and challenges in the evolving landscape of marijuana enforcement. While the overall number of marijuana arrests has declined, the continued focus on possession offenses points to the need for comprehensive criminal justice reform. As more states reconsider their marijuana laws, the future of marijuana-related arrests will depend on efforts to resolve the ongoing conflict between federal prohibition and state-level legalization.