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Ethan Nadelmann

Ethan Nadelmann

Posted: May 12, 2010 02:13 PM

Why Ending Marijuana Prohibition Is a Racial Justice Issue

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The struggle to end America's disastrous war on drugs is a struggle for common sense, for human rights, and of course for racial justice. How could it not be, given the extraordinary and disproportionate extent to which people of color - and especially black people - are arrested, prosecuted and incarcerated for drug offenses?

Almost everyone gets it these days. The U.S. Senate recently voted unanimously to reform the racially discriminatory federal crack/powder mandatory minimum drug laws. Last year New York finally approved a major reform of the draconian Rockefeller Drug Laws that have sent hundreds of thousands of people - overwhelmingly black and Latino - to prison for absurd lengths of time. In Connecticut a few years ago, the state legislature passed - and Republican Governor Rell signed - a bill to reform the state's crack/powder laws. And this year New Jersey became the first state to reform its popular but notoriously unjust and counterproductive "drug free school zone" law.

I highlight each of these efforts because my colleagues at the Drug Policy Alliance played such a pivotal role, but similar efforts are underway across much of the country. We're increasingly successful in part because of the growing awareness among legislators, community leaders and activists - black, Latino, and white - that reforming these laws is a racial justice priority.

Of all our drug law reform efforts, however, marijuana law reform should be at or near the top of our racial justice priorities. Why? Of the 1.8 million drug arrests made last year, 750,000 were for nothing more than possession of a small amount of marijuana. That represents more than 40% of all drug arrests. The best available national evidence indicates that blacks and whites use marijuana at similar rates - but that black people are three times more likely to be arrested for possessing marijuana.

Most of those arrested aren't immediately handed a lengthy sentence. But they are handcuffed, taken to jail, put into databases of criminal offenders, and often end up spending days, weeks, months and in some cases years behind bars. These arrests produce permanent criminal records that can disqualify people for jobs, housing, schooling and student loans. Those 750,000, I should note, don't include the untold thousands of people on parole and probation for other minor offenses who land in jail because they fail a drug test for marijuana or are caught with a joint.

Clearly marijuana prohibition is unique among American criminal laws. No other law is both enforced so widely and harshly yet deemed unnecessary by such a substantial portion of the populace. Recent polls show that over 40% of Americans think that marijuana should be taxed and regulated like alcohol; it's roughly 50% among Democrats, independents, adults under age 30, and voters in a growing number of western states.

What's difficult to understand is how and why the number of people arrested annually for marijuana possession has doubled during the past twenty years - even as support for ending marijuana prohibition has also doubled during the same period of time.

The best explanation I've seen of increasing marijuana arrests is a fine report by Harry Levine and Deborah Small, "The Marijuana Arrest Crusade in New York City: Racial Bias in Police Policy 1997-2007". In New York City, where I live, 46,500 people were arrested for marijuana possession last year; 87 percent of these people were black and Latino. The NYPD arrests Latinos for marijuana possession at four times the rate of whites, and blacks at seven times the rate of whites. It's not that young black and brown men are more likely to smoke a joint in public; it's that they're much more likely than most other New Yorkers to be stopped and searched - and then arrested when the police find in their pockets what they'd also find in the pockets of hundreds of thousands of other New Yorkers, if they looked.

New York City's marijuana arrest rate qualifies it as "the marijuana arrest capital of the world" but this is very much a national problem. In California, 61,400 people were arrested for marijuana possession in 2008, a 300 percent increase since 1990. In California, black people made up less than 7 percent of the state population but 22 percent of people arrested for all marijuana offenses and 33 percent of all marijuana felony arrests in 2008. More black people are arrested in California for marijuana felonies than whites, although there are six times more whites in the state population - and huge numbers of white people involved in growing and selling marijuana.

We can change this! Californians will have a chance to vote this November on a ballot initiative that would legalize possession and cultivation of modest amounts of marijuana and allow localities to choose to tax and regulate production and distribution of larger amounts. One of the first leaders to endorse the ballot initiative was Alice Huffman, the influential head of the California NAACP. A poll in late April found 56% of Californians in favor of legalizing marijuana. Support was 59% among whites, 58% among Asian Americans and 67% among black people; only Hispanics leaned against, with 45% in favor and 53% opposed.

Change is afoot in New York City as well, although it's going to be tough. The Drug Policy Alliance and our allies are working hard to turn the NYPD's marijuana arrest policy into a political issue. Why, we want to know, did arrests for marijuana possession increase from a few thousand a year in the early 1990s to almost 50,000 today? Why are nearly 90% of those arrested black and Latino, mostly young men? Where's the evidence that this arrest policy does anything whatsoever to make the city safer? Indeed, where's the evidence that most New Yorkers even approve of such a policy? So far as I can tell, most New Yorkers would much prefer that police focus their attention on genuine threats to public safety.

Ending marijuana prohibition is a racial justice issue and an essential step in ending the war on drugs. Today, there is an emerging wave of marijuana law reform across the country. While political and community leaders from every racial and ethnic group are generally nervous about stepping out on this issue, more and more are beginning to do so. What's needed now is bold leadership and action. My colleagues and I are getting the word out, raising consciousness and beginning to organize as we have on other drug policy reform campaigns. We hope you'll join us, and encourage other individuals and groups to step out as well. The time is now.

Ethan Nadelmann is the executive director of the Drug Policy Alliance (www.drugpolicy.org)

* This article originally appeared on Change.org

 
 
 

Follow Ethan Nadelmann on Twitter: www.twitter.com/EthanNadelmann

 
 
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HUFFPOST SUPER USER
ray christl
HEMP can save us from ourselves.
08:19 PM on 05/19/2010
m-word is same as n-word...pejorative and racist,period. Join the CURE. HERO Machine Medicine is the remedy of HEMP EXTRACT RESIN OIL Pastor Ray Christl
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12:25 PM on 05/13/2010
this SHOULD come as no surprise to anyone.....but it probably will
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HUFFPOST SUPER USER
Elijah A Alexander Jr
Elijah NatureBoy
11:52 AM on 05/13/2010
Those Hemp stats do show bias law enforcement, so why was George Washington, the first president of this nation, not arrested for drinking Hemp tea almost nightly? Are we saying today that Blacks and Hispanics are inferior to European descendants? But why is hemp illegal? It didn't began because of using it as a mind altering substance.

It began with slavery when"cotton is king" was the cry. Anyone could grow Hemp and make their own clothes and cotton would have a much lower value, so slave owners lobbied to make it illegal. Now that most of today's fabrics are plastic made from oil, the oil companies wants it kept illegal to grow, so they lobby to keep it in place.

The strangest thing about every law congress passes, the "bottom line" is to earn money for those who have it already and take it away from those who need it most.
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12:16 PM on 05/13/2010
i can see your point about cotton, but it wasn't ILLEGAL until hearst wanted to protect his paper industry, and they wanted to "protect" white women from black jazz musicians and mexican workers.
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HUFFPOST SUPER USER
Elijah A Alexander Jr
Elijah NatureBoy
01:34 PM on 05/13/2010
It all works together, I did leave off the paper industry although I was aware of it as having a part in it.
10:54 AM on 05/13/2010
Maybe the non-violent drug offenders could become personal trainers once they are released from jail. The prison population is among the most fit in America. Why not train prisoners while in jail to become leaders in the movement to make our nation fit once again?
03:07 AM on 05/13/2010
These numbers are distorted. - Inadequate research and erroneous data.
In your haste to pump out a piece you didn't do your homework.

You say CA is only 7% black.
You also say CA has six times more whites than blacks [42%].
You didn't take into account that most drug problems are in the cities and that cities have different Demographics than the States average.
- You took the % black vs white from the WHOLE State.
- You took the arrest numbers only from cities. Presumably only some Cities.
[Arrest data by race isn't calculated for the whole State because no agency in CA does that. I know this because my brother is a Cop in CA and I called and asked for said numbers.]

Sacramento - 14.4% Black - 38.3% non-Hispanic White [not 7% - 42%]
Los Angeles - 9.9% Black - 29.3% non-Hispanic White [not 7% - 42%]
San Bernardino - 18.4% Black - 28.2% non-Hispanic White [not 7% - 42%]

There is also a significant Asian population in CA.
Calling them 'white' to empower the illusion?
.
12:56 PM on 05/13/2010
The POINT of the article, population statistics aside, is that blacks/hispanics are far MORE likely to be incarcerated for minor drug offenses than whites (or asians for that matter).
12:59 PM on 05/13/2010
Looks like you might need to be working on those reading skills! He said six times more whites, than blacks, are involved with cannabis cultivation. But, claiming your brother is a cop, just puts you down the list as a credible opponent to this article. You would find fault if the said the sky was blue on a sunny day. Oh, I forgot, this is California we are talking about. It is likely more dangerous to breathe in the air, there, than to smoke anything! And, in the end, do you not agree that the entire state population of blacks is around 7%? (CA is 7% black? Not LA, Sacramento, etc., etc., etc.)
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HUFFPOST SUPER USER
Cheryl12345
03:04 AM on 05/13/2010
Not only is one of the results of the War on Drugs the over criminalization of Blacks and Latinos, but the proliferation of foreign drug cartels that control America's southern borders. The legalization of pot is a National Security Issue. Take away the economic basis of the drug cartels and they can then be effectively busted up. I would also like to suggest that the legalization of pot might actually decrease the use of "harder" drugs. The reasoning behind this is that pot and harder drugs are obtained, usually, from people who deal both (the exposure to harder drugs is at the same time and place one buys pot). But if pot were legal no one would have a reason to seek it from someone who was also dealing harder drugs, thus exposure to harder drugs would be reduced.
03:10 AM on 05/13/2010
What the pot-head are really hoping for is cheap pot, and that isn't going to happen.

The drug companies are going to latch onto it and it might well get more expensive.
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12:57 PM on 05/13/2010
Actually a "pot-head" would be looking to grow his/her own pot.
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HUFFPOST SUPER USER
Cheryl12345
09:01 PM on 05/13/2010
Well you might be right, but I would think the pot head would also want to be able to buy pot safely (not having to be afraid of being robbed, killed, or busted). And while the drug companies may find a way to make pot expensive, the point is law enforcement would no longer have drugs as an excuse to "focus" on ethnic groups, and huge drug cartels would lose, I would think, at least half their income meaning half their power (they are not legal businesses after all - they depend on that ill gotten money).
11:05 PM on 05/12/2010
The "War on Drugs" is a racket! See these USDOJ charts showing the increase in the US prison population from 1980 to 2007. This time period essentially covers the escalation of the "War on Drugs". http://seekingalpha.com/article/157536-private-prisons-a-reliable-american-growth-industry
Prisons are the one industry in America that continues to expand even throughout the current recession! How disturbing is that?!
01:56 AM on 05/13/2010
The War on Drugs is a campaign involving and foreign military aid being undertaken by the United States government, with the assistance of participating countries, intended to reduce the illegal drug trade.

Since it's primarily activities are IN OTHER COUNTRIES, please explain what it has to do with arrest rates or prison populations within the US.
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12:18 PM on 05/13/2010
"Since it's primarily activities are IN OTHER COUNTRIES, please explain what it has to do with arrest rates or prison populations within the US."

do you SERIOUSLY need someone to explain it to you? how about reading the article? that usually helps.
01:33 PM on 05/13/2010
You're talking about a part of the propagandized version of the "Drug War". I'm talking about the ongoing reality of it here at home, over the last 30 years.

The truth is, it's accomplished nothing other than adding a lot of non-violent individuals to our prison system! It's allowed our government to behave like an intrusive police state. It's created dangerous gangs and cartels who battle for the profits. It's increased crime! It's stifled industry! It's caused unnecessary suffering for sick people. It's wasted huge quantities of taxpayer money with absolutely zero positive results!

There's a myriad of reasons the "Drug War" should be dropped. But even if the only reason were to allow some people to get high, it would be no business of yours, the government's or any group that might call itself "Mad Mothers Against Adults-capable-of-taking-responsibility-for-their-own-actions."
10:02 PM on 05/12/2010
I am Black and Pot should not be legalized. The incaceration of Black people has little to do with the legalization of drugs.
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smarti
We're all mad here..
10:54 PM on 05/12/2010
Can you explain your assertion that "The incaceration of Black people has little to do with the legalization of drugs"?

I tend to see these things as being closely related. The Drug War created black markets for selling drugs that concentrated in the inner cities, where coincidentally the law enforcement efforts are also concentrated, which results in higher numbers of minorities being arrested (even though drug trafficking occurs in white areas, as the author has pointed out), which then results in higher incarceration numbers and felony records that impede the ability of an individual to get a job or a school loan (also as the author pointed out)..which then creates a poverty cycle that results in more criminal activity to replace the legitimate economic activity that gets driven away by higher crime rates.. and around and around again. Legalizing drugs would eliminate the black market for drugs which would reduce the law enforcement type of presence in the inner cities away from interdiction efforts and back to a more peace keeping presence that protects citizens, which would also bring lower arrest rates, less individuals having criminal records impacting their futures, lower crime rates that would encourage more economic activity, education opportunities, etc.. We learned these lessons from alcohol Prohibition: the black market then was run by Mafia and crime rates exploded.
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smarti
We're all mad here..
11:03 PM on 05/12/2010
There's a lot of thought out there as well that the Drug War as enacted in the late 60's-70's was in part introduced as a response to Civil Rights and the rise of Black power and identity movements, as a way to criminalize black men in a post-segregation society. There have been many hearings, and many testimonies by cops, former CIA, DEA and drug dealers that indicate the inner cities were purposely flooded with illegal drugs and the "solution" of the Drug War came conveniently to swarm in and start making arrests, while destroying the community on both ends: through drug addiction and then by poverty caused by crime and arrest rates.

http://www.americandrugwar.com/
HUFFPOST SUPER USER
Timothy2700
Voice Talent
08:54 PM on 05/12/2010
EXCELLENT READ!!
08:28 PM on 05/12/2010
Its certainly a 'civil rights' issue.. and whilst its been used for racial scapegoating since the prohibition of marijuana began,the racial card is not the main issue here ..racism abounds regardless .. the problem with attempting to 'regulate' normal and natural human behaviour (people have been attempting to temporarily alter their perception of the world by injesting drugs since the dawn of time.. it lead to the discovery of 'religion' ..before Christianity came up with a placebo,, religious 'sacraments' actually had a real effect on the participant ) is that it will never work .. education is the only path to positve change .. the main product of prohibition is corruption.. partly why the USA imprisons a greater percentage of its population than any other country on the planet... Police can sieze assets at will .. and a 'for profit' prison system, like all buisness's needs to constantly grow to increase its bottom line.. with such inhumane laws in place..its dead easy for 'Law Enforcement' to pick on racial stereotypes...
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smarti
We're all mad here..
10:57 PM on 05/12/2010
Good point. The "for profit" prison industry is a huge part of the problem. Ending the drug war would slash the number of their "customers" by a large percentage, reducing the need for those "businesses" overall. I've read and heard a statistic in many places that over 60% of our prison population is made up of non-violent drug offenders.
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porsche996
an inelastic scattering of photons
08:08 PM on 05/12/2010
Thanks for making this point and calling it what it is, racial oppression. Giving racist cops any reason or excuse to hassle you isn't smart but especially in NYC it's abusive and a strategic tactic to keep brown skinned people cowed and out of areas of the city.

Enforcement of marijuana laws is just straight racism.
HUFFPOST SUPER USER
edgarcaycedoc
07:37 PM on 05/12/2010
The "War on Drugs" was initiated for the sole purpose of statistically looking "tough on crime." My biggest reason for being against the incarceration of drug offenders is because the "establishment" uses prison space to house great numbers of offenders (the number arrested--even as it spiraled out of control--was used to basically say, "Hey, we've put X number of criminals in prison instead of Y number of prisoners under [politician of choice]") And to look tough on crime, laws are written that suggest parole as a viable solution to let out the least number of offenders (violent vs drug). So while once our prison system may have been (let's say) 80% violent offenders. But remember to win your vote I MUST look tough on crime. So if we make 80% of the prison population drug users, we are putting a whole lot of "numbers" away, while simultaneously paroling some of society's most violent offenders. Sick country.
08:57 AM on 05/13/2010
While you may think it is a sick country, the fact remains that since getting tough, the crime rate has gone down. We are doing something is working.
05:11 PM on 05/14/2010
Then why, exactly, has the prison population absolutely exploded?
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HUFFPOST SUPER USER
anthonytaurus
don't f&f me. you dont' know what I'll say next
06:45 PM on 05/12/2010
On another note, I have friends on the NYPD. Most know that I use. One knows that I grow. One of them is really hardcore about his job and he also knows I use. He's Dominican himself. He works and lives in Queens now.

We got into the conversation about his arrest record. I really wanted to challenge him on it. His answer disarmed me. He basically explained that it's not that he treats people differently. It's that he's going to do his job wherever they put him. They put him in a mostly Black and Hispanic area in Queens. So, of course, he's going to pick up mostly Blacks and Hispanics.

But, the issue is that the higher ups put more pressure on cops in minority areas. When he was working downtown Manhattan, there was little to no pressure to make marijuana arrests. I believe this is why you could go down by NYU and find a lot of White folks smoking up in that area. You can find smoke shops and even tables with pipes, grinders, and stash kits, and so on. The culture is promoted freely with cops walking by like they see nothing.
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HUFFPOST SUPER USER
anthonytaurus
don't f&f me. you dont' know what I'll say next
05:52 PM on 05/12/2010
I recently spent some time in Bronx, NYC central booking, not for marijuana - suprisingly. I've yet to get caught with or smoking marijuana and I do it in public from time to time but not all the time. My favorite spot to smoke in NYC is Washington Sq Park near NYU.

Anyway, while locked up, the common question going around is: What you do? Most of the people were locked up for minor possession.

One guy's situation was sad because he didn't even smoke marijuana. It was his cousin's dime bag but it was in his car. Another guy, older, was in there for 2 dimes worth of marijuana. Yet, another guy was arrested for having the baggy but no weed. He'd already smoked it. It was just the specs of dust in the bag. There were some DWI's, open container, assault/battery, etc. There was one White kid that I saw the whole time in there for cocaine. But, the majority of the people, Black and Hispanic, were in there for simple marijuana possession.

NYC does NOT hand out tickets for marijuana possession. They arrest you, fingerprint you, and put you in front of the judge.

What's crazy, as a grower, I am usually always with marijuana. I've yet to be picked up for marijuana. I keep knocking on wood wondering if I'll ever get caught with it. I think it's all in how I carry myself. Yeah I got it, but it's nothing to think about.
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HUFFPOST SUPER USER
ButchManowski
Life's Been Good To Me.
04:25 PM on 05/12/2010
I have known many people who smoke pot. I have never seen or heard of anyone getting stoned and becoming surely and violent. It happens all the time with alcohol.
HUFFPOST SUPER USER
King Cashaw
12:53 PM on 05/13/2010
Sorry, I have to disagree with you. What a stoner does to a bag of chips is brutal. This type of brutality I have only seen on the plains of Africa when a lion takes down a water buffalo. Do not be fooled, those stoners attack with the same brutality.

Brought to you by the Potato chip commission.