Possession Arrests, 2006-08

Levine, Harry G., et al. Arresting Blacks for Marijuana in California: Possession Arrests, 2006-08. Los Angeles: Drug Policy Alliance.

The Drug Policy Alliance and the California State Conference of the NAACP have released a report that documents widespread race-based disparities in the enforcement of low-level marijuana possession laws in California. In the last 20 years, California made 850,000 arrests for possession of small amounts of marijuana, and half a million arrests in the last 10 years. The people arrested were disproportionately African Americans and Latinos, overwhelmingly young people, especially young men. Yet, U.S. government surveys consistently find that young whites use marijuana at higher rates than young blacks. From 2006 through 2008, police in 25 of California’s major cities have arrested blacks at four, five, six, seven and even twelve times the rate of whites.

By CHARLES M. BLOW

Attorney General Eric Holder Jr.’s recent chest-thumping against the California ballot initiative that seeks to legalize marijuana underscores how the war on drugs in this country has become a war focused on marijuana, one being waged primarily against minorities and promoted, fueled and financed primarily by Democratic politicians.

According to a report released Friday by the Marijuana Arrest Research Project for the Drug Policy Alliance and the N.A.A.C.P. and led by Prof. Harry Levine, a sociologist at the City University of New York: “In the last 20 years, California made 850,000 arrests for possession of small amounts of marijuana, and half-a-million arrests in the last 10 years. The people arrested were disproportionately African-Americans and Latinos, overwhelmingly young people, especially men.”

For instance, the report says that the City of Los Angeles “arrested blacks for marijuana possession at seven times the rate of whites.”

This imbalance is not specific to California; it exists across the country.

One could justify this on some level if, in fact, young blacks and Hispanics were using marijuana more than young whites, but that isn’t the case. According to the National Survey on Drug Use and Health, young white people consistently report higher marijuana use than blacks or Hispanics.

How can such a grotesquely race-biased pattern of arrests exist? Professor Levine paints a sordid picture: young police officers are funneled into low-income black and Hispanic neighborhoods where they are encouraged to aggressively stop and frisk young men. And if you look for something, you’ll find it. So they find some of these young people with small amounts of drugs. Then these young people are arrested. The officers will get experience processing arrests and will likely get to file overtime, he says, and the police chiefs will get a measure of productivity from their officers. The young men who were arrested are simply pawns.

By Jacob Sullum

“People don’t want to see someone jump in from Washington and tell them how to vote,” drug czar Gil Kerlikowske said today while jumping in from Washington and telling Californians how to vote on Proposition 19. Kerlikowske, who visited a drug treatment center in Pasadena, told A.P. the Justice Department might take the advice of nine former DEA administrators and sue to overturn the pot legalization initiative if voters are foolish enough to ignore him. “The letter from the former DEA administrators, a number of whom are not only practicing attorneys but former state attorney generals, made it very clear that they felt that pre-emption was certainly applicable in this case,” Kerlikowske said.

Not surprisingly, Kerlikowske did not cite any constitutional provision or case law that says California must ban what Congress bans or that states are obligated to punish whatever the federal government punishes. A.P. itself misleadingly frames the issue, saying Prop. 19 “would conflict with federal laws classifying marijuana as an illegal drug.” There is not a conflict simply because a state chooses not to replicate the federal criminal code.