In my last post I wrote about nationwide trends toward Marijuana legalization. I live in Nevada, and marijuana has been legal for the last few years. My last post linked to a biennial financial report prepared by the Nevada Legislative Counsel Bureau’s Fiscal Division. The money states can make is a big driver of the legalization trend, but it is certainly not the only. A another serious factor, and one I would like to see us talk about more, is fairness and equality under the law – meaning the opportunity to eliminate racial disparities in marijuana arrests.
John Hudak, in his book Marijuana: A short History, writes, “According to a comprehensive 2013 report from the American Civil Liberties Union, Black arrest rates for marijuana possession far outpace white arrest rates, even though marijuana use is about the same between both groups.” Whether intentional or not, this highlights a reality that we are not enforcing laws equally depending on who is committing the crime. Hudak continues, “Despite being 15 percent of the national population, blacks accounted for 58 percent of marijuana arrests in 2010.”
I wrote about this after reading Michelle Alexander’s book The New Jim Crow (here and here). The reality is that black people are more likely to be in positions where we can enforce certain drug policies, and even thought they are not any more likely to commit violent crimes or use marijuana than white people, they are perceived as more dangerous and are more likely to be arrested for low level drug possession. This creates inequalities and barriers that black people in America have a hard time overcoming, and which are largely invisible for white people.
Civil liberty groups, people who have read Michelle Alexander’s book, and even conservative/libertarian activists who want to reduce state spending have begun to advocate for marijuana legalization to begin to reduce these disparities and save state fiscal resources. The push toward legalization is partly an effort to eliminate arrests that are unfair and are now perceived as unnecessary. Many people hope that reducing disparities in drug sentencing laws and legalizing marijuana will help begin to reduce racial inequality in our country. It is a rare issue where we can stop spending so much money on arresting people, so some Republicans are on board with the proposal, while also helping reduce racial disparities, a key driver for many Democrats.