Racial Disparities in Marijuana Arrests

Racial Disparities in Marijuana Arrests

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.
The Surprising History of Marijuana in America

The Surprising History of Marijuana in America

In some ways it is impossible to look at history without applying our own lenses and filters from the modern day world. We assume that aspects of our lives today are shared with all humans from the past, but often, and in many surprising instances, this is not the case. John Hudak’s book Marijuana: A Short History has some great examples with the history of marijuana.

 

Before having read Hudak’s book, I hadn’t given much  thought to the long history of marijuana in the United States. I had imagined that native peoples in the Americas had probably used the plant for recreational or spiritual purposes, but I never had any evidence to support that idea and it was probably just a poor stereotype I developed from pop culture. I had never suspected that the plant had a long history in the American Colonies and in the history of our nation. It was always easy for me to assume that marijuana use has always been illegal or at least frowned upon.

 

Hudak’s book shows how much our views toward marijuana have changed throughout our nation’s history. In the last 10 years American’s have become much less hostile to marijuana, and I’m writing this from Nevada, where we legalized marijuana a few years back and have had received millions in taxes from sale and cultivation (see page 56). This follows decades of treating marijuana as a dangerous drug used by criminals that lead to even worse drug use. But even further back in American history, marijuana was viewed much more favorably, and in some instances, was even a required crop for farmers to grow.

 

“Hemp was a critical crop in the colonies, and some of America’s most revered historical figures … have had an outsized impact on production,” writes Hudak. “In Jamestown, Virginia, growing cannabis for hemp-based products was mandated by the British Crown. … George Washington and Thomas Jefferson were well-known, successful hemp farmers … In Massachusetts, John Adams, too, grew hemp, writing (under a pseudonym) of hemp’s mind-altering capabilities.”

 

I would never have suspected that our founding fathers would have grown marijuana to produce hemp products and for recreational use as indicated by President Adams. Drug policy, as I wrote about in my last post, is not as objective and rational as we would think. How we treat drug use and what we consider acceptable and not acceptable changes with public opinion, propaganda efforts, and cultural attitudes. History shows us that what we consider normal today has not been the norm forever, and viewing history though our lenses and filters of the modern world can leave us very surprised when history doesn’t want to accord to our standards and expectations.
Drug Policy as Electoral Strategy

Drug Policy as an Electoral Strategy

One of my big takeaways as a public policy student at the University of Nevada was that public policy is not detached from our values. We like to think that elected officials and public administration officials are able to look at the world rationally and make judgments based purely on empirical facts, but this is not the case. Our values seep into all of our judgments and influence what we find as good or bad evidence. A good example of this at the federal level is Richard Nixon’s drug policy.

 

Drug policy seems like an area where empiricism and facts would rule. It feels like an area where we could identify the harms of drug use, estimate the social costs of drugs, and set policy accordingly, but American history shows that is not the case. John Hudak examines this history in his book Marijuana: A Short History, and shows how Richard Nixon used propaganda related to drug use to fuel his electoral campaign.

 

Hudak writes, “In fact, crafting public opinion on drug use and crime was central to Richard Nixon’s electoral strategy: he recognized that if he could stoke fears among the public about the drug problem and then position himself as the individual most capable of fighting the war against drugs, he would benefit electorally. In many ways he was right.”

 

Even though we can track drug related crimes, we can record drug overdose deaths, and we can estimate the social cost of drug use, our policies are driven more by fear and the desire to others into villains than by facts. Richard Nixon was clearly a master of understanding and manipulating public opinion, and used this reality to his advantage. Rather than encouraging public opinion to reflect the realities of drug uses, Nixon tied drug use with racial anxiety and resentment in a way that helped his own electoral fortunes. Public policy, Nixon demonstrated, was not swayed primarily by facts and logic, but by fear and irrationality.

 

For those of us who care about an issue and want to see responsible policy regarding the issues we care about, we must understand that empiricism and facts is not the only thing behind public policy. Public policy reflects emotion, power, and influence, and is subject to framing by people whose motives are not always pure. Advocating and supporting good public policy requires that we get beyond facts and figures, and understand the frames being applied to the policy in question.
Black markets and Marijuana

A Thought About Black Markets

A line from John Hudak’s book Marijuana: A Short History is worth thinking about if we are someone who frequently thinks about public policy. Hudak writes, “The black market just has to deliver marijuana; the legal market must meet consumer demand.” 

 

Hudak’s line comes from an early paragraph in his book where he discusses historical trends in the strength of marijuana overtime. Marijuana strength is often measured by the amount of THC in the final product to be consumed. Dr. Mahmoud ElSohly, a researcher with the University of Mississippi, has been analyzing the THC content in seized marijuana since the 1970’s and has found that THC content has increased overtime from about 3% to 7-8%. However, marijuana that can now be purchased in dispensaries in states that have legalized marijuana often has a much higher THC content, closer to 20% or more.

 

My interest is not so much in the marijuana itself, although the plant and product is interesting (Note: I have asthma and can’t smoke and I have never tried any edible forms of marijuana). What is really interesting is the degree to which the black market under-served those who wanted to purchase marijuana from 1970 to today. Marijuana that could be purchased from a drug dealer or a friend was not as potent as people would have liked. If people were intent to buy marijuana, their only option was a product that we would consider inferior to the options available in states that have legalized marijuana today, a product that many likely wouldn’t chose if they’d been able to chose an alternative product.

 

The point I want to highlight is not that people were purchasing weak marijuana from the 1970’s until 2019 when Hudak’s book was published. Instead, the point I am trying to make is that the black market delivers sub-par products to people who use them. In the case I am writing about, illegal supplies of marijuana were simply less potent, not something that non-marijuana users are likely to care much about. However, if we think about other black markets, we should be more concerned about the products that people purchase illegally. Other black market products, that people cannot obtain legally and that cannot be regulated by a true market mechanism, likely come with more dangers than just being weak. Other illicit drugs can be even more dangerous and harmful when purchased on the black market. Health products, purchased on the black market where they might be cheaper than licensed and regulated products obtained legally, could also pose serious risks of harm.

 

This creates an argument for reasonably regulated markets, even of things we find deviant and would rather people be unable to purchase. We want some type of government oversight to ensure that products and services are safe, effective, and authentic, but we should be concerned about government regulation that drives a product or service into a black market. The market itself will find a way  to deliver the service or product, but it may do so in a dangerous and illicit manner. Government and regulation can be forces for good and bad within this dynamic. What is important is that we think critically of how regulation relates to markets, and consider the impact on people’s lives, including the lives of those who will still pursue a product or service once it is forced to a black market.
Deep Work is Pragmatic

Deep Work is Pragmatic

The final quote that I have from Cal Newport’s book Deep Work is just a reminder of the pragmatic reality of deep work: “the ability to concentrate is a skill that gets valuable things done.” The reason we should take ideas of deep work seriously is because it will help us be better at doing the most important things. Everyone has goals for their life, everyone has things they want to accomplish, and everyone has something they are aiming toward, but nobody will get there if they cannot focus on the things that matter.

 

Whether it is at work, in our family and social lives, or with a new hobby, being able to focus on the important things is crucial. Without developing concentration skills, we are going to be distracted by social media, outrageous news reports, and one million other notifications on our smart phones. These distractions will stop us from putting  the necessary effort into the meaningful things in our lives, and will train our brains to expect constant input.

 

As the world becomes even more distracting, with phones continuing to grab a foothold in our lives and with more opportunities for distraction all around us, it is important that we remember the value of concentration. It is important that we work on becoming better versions of ourselves through focus and deep work so that we can excel where others become bogged down and unable to move forward with complex high value tasks. Without being able to truly concentrate, we will never get important things done.
Deciding Which Tasks to Own

Deciding Which Tasks to Own

In the knowledge economy, many of us have a thousand things we could do with our time at any given moment. Email (as I have written about previously) is always an available option to us, we usually have a lot of reports we could work on, and there is always another meeting we could be doing more to prep for. How do we decide which activities are the most important, which tasks we will own, and which things will be left behind?

 

One answer, is to think about how specialized the task is to your own skill set. This gives us a question to ask when considering the work that is the most important, and what should be our priority. The question comes from Cal Newport in his book Deep Work, “How long would it take (in months) to train a smart recent college graduate with no specialized training in my field to complete this task?”

 

Responding to a bulk of emails, creating a PowerPoint slide, and plugging some data into an Excel file are examples of activities that don’t require much thoughtful training. Sure, your emails need your insight and decision-making for response, but a smart college grad could plug through a bunch of emails just as well as you could. They could also throw together a decent PowerPoint, and enter a bunch of info into a spreadsheet without a much specialized knowledge and training. They could easily replace you if that is what your day consists of.

 

Newport would suggest that you start to focus your day around those tasks which rely on your specialized knowledge and abilities if you don’t want to be easily replaced. If you want to maximize your value, produce at a high level, and get important stuff done, then you should look to delegate those tasks that a recent college graduate could complete and spend more time deliberately working on the challenging tasks. You will get better at doing the things that matter the most, and you will have a greater impact in your organization.
Estimating Our Schedule

Estimating Our Schedule

How much time do you need for some of the mundane tasks in your life? You probably have a good sense for how long it takes you to get yourself together for work in the morning, how long it takes to prep your easy Thursday dinner, and how long it takes you to brush your teeth and get into bed at night. What you probably don’t have a great sense of, however, is how long it will take you to complete something new in your routine. If you are looking to introduce something new into your routine you will probably misjudge just how much time you will need.

 

This is an idea that Cal Newport presents in his book Deep Work. Newport specifically writes about new habits for work and leisure that help us improve our focus and spend more time with important things that truly matter. He encourages us to create schedules not just for our workdays, but four our entire days, and warns us that it is going to be hard to plan our days when we first start. Newport writes,

 

“Almost definitely you’re going to underestimate at first how much time you require for most things. When people are new to this habit [scheduling their full day], they tend to use their schedule as an incarnation of wishful thinking – a best-case scenario for their day.”

 

I started this post reflecting on common activities that we do daily, and our sense of how long those activities really take us. The reality for even these simple things is that we don’t have a great sense of how long they actually take, especially if we are not focused while working through those tasks. Deliberately getting ready for bed is a lot quicker than distractedly getting ready for bed while simultaneously watching YouTube videos. If we likely get these daily things wrong, then we will surely have a poor estimate for just how long new habits, routines, and tasks will take us.

 

For work, scheduling just how long a spreadsheet or report will take us can be challenging, especially if we have varying demands and levels of interest from our supervisor. But the more we practice, the more we can focus and engage with deep work, the better we will eventually be at getting a sense for how long something will take. This will carry over into other areas of our life as well. We will eventually get a good sense for how long the new physical therapy routine will take us, how much time we need to set aside for exercising, or how long a board-game with our family will take. Along the way, we will develop muscles for flexibility in our time and scheduling, helping us make better predictions and adjustments as we schedule out our days.
spend time on autopilot

Spending Our Days on Autopilot

“We spend much of our day on autopilot – not giving much thought to what we’re doing with our time,” writes Cal Newport in his book Deep Work. “This is a problem. It’s difficult to prevent the trivial from creeping into every corner of your schedule if you don’t face, without flinching, your current balance between deep and shallow work.”

 

Good habits are everything, but they are hard to develop without deliberate, conscious effort. Bad habits, on the other hand, spring out of nowhere and are always ready to creep into your life. When we spend time on autopilot and fail to recognize how much time we lose to TV, to our smartphones, or to the snooze button, we start to allow bad habits more space to creep into our lives. Living on autopilot encourages us to do easy things, and to default toward limited action rather than put effort into things that take effort but in the end provide more value.

 

Newport’s solution to our autopilot days is to literally, “schedule every minute of your day.” We can schedule time for deep work, we can schedule time to do the important things around the house that need to get done, and we can schedule time for TV or scrolling through the internet on our phones. If we try to schedule out what we are doing and when, we can start to think about how we spend our time and begin to redirect ourselves toward more meaningful activities. Scheduling our full day, not just our workday, will give us a chance to jump out of autopilot, to stop moving through the motions each day, and to use our time meaningfully.

 

This isn’t to say every minute of the day has to be productive, but it gives us a framework to keep distractions and low value tasks and activities away from the times when we are trying to focus and get important things done. If we find that we have bad habits that waste a lot of time in the morning or early afternoon, we can schedule activities during those times that get us away from the distractions, helping us be more engaged and intentional with the world. Planning is everything if we want to get away from spending our days on autopilot, and if we want to find a balance between excitement, important work, and mindless leisure.

Focus on the Few Major Items

Cal Newport writes, “in many cases, contributions to an outcome are not evenly distributed,” in his book Deep Work. Across many different domains, several of which Newport mentions in his book, we find an 80/20 split emerge terms of relationships between important things. Newport states that 80% of computer program crashes are caused by just 20% of the known bugs, and in other areas of science and society, we see similar 80/20 splits.

 

Newport believes that this 80/20 split also applies to the goals in our lives, and considers how we should approach our lives is we believe that 80% of our outcomes will be based on 20% of what we do. He writes, “many different activities can  contribute to your achieving these goals. The law of the vital few, however, reminds us that the most important 20 percent or so of these activities provide the bulk of the benefit.”

 

We do a lot of different things throughout the day, but a lot of what we do is relatively short and doesn’t have a really large impact on the outcome of our life. There are really just a handful of things that we actually do that really make a big difference. Exercising, fighting off the desire to eat pie for breakfast, engaging with some type of productive hobby, and doing something meaningful with our family have large impacts on the outcomes we see in life. The millions of small things we do, pick out socks, play cards, scroll through social media, and drive to work, fill in the rest. They might be important in some way, but they are not the key factors that determine the outcomes of our lives.

 

What we should do, Newport argues, is think about those handful of thing that really make a difference. We should prioritize those moments, and make sure they have our full focus and attention, so that we maximize the areas that truly matter. We can then divert our energy away from the things which don’t matter, cut out any unnecessary clutter in our routines, and do our best at managing the big factors which have the biggest influence on the outcomes we see in life.
How We Think About Our Digital Tools

How We Think About Our Digital Tools

In his book Deep Work, Cal Newport contrasts two types of approaches to the digital tools that we use and create. We have a lot of powerful social media and network messaging applications, and these tools and applications are often given to us, or seemingly forced onto us, without much choice on our end. If everyone we know is using Facebook, then we feel left out without it. If everyone in the office is using Slack for communications, then we feel that we must join in so that we don’t miss any important messages and updates. The tools we create put pressure on us to use them, even if we never wanted the tools to begin with.

 

Newport calls this standard approach to network tools the Any-Benefit Approach and he defines it this way, “You’re justified in using a network tool if you can identify any possible benefit to its use, or anything you might possibly miss out on if you don’t use it.”

 

We don’t want to be left out of conversations at the water cooler, so we download social media apps to talk about what other people have said. We don’t want to miss a message about something in the office, so we join all the Slack channels at work. We might get an early insight into something our favorite sports team is doing, so we install the Twitter app. We don’t think critically about whether we get a lot of value from these network tools, we only ask if there is some potential benefit we might receive from the tool.

 

Newport describes the opposite strategy for determining what network tools we use as the Craftsman Approach to Tool Selection: “Identify the core factors that determine success and happiness in your professional and personal life. Adopt a tool only if its positive impacts on these factors substantially outweigh its negative impacts.” 

 

With this frame, we don’t add twitter unless we think it is going to really make our lives better to know what our favorite sports stars are up to. We don’t install social media apps if we think we will waste time with them or if we think that we will become jealous looking at all the cool things others are doing. Rather than worrying about what we might miss out on if we don’t get the app, we worry about what we might miss out on if we lose time and attention to the app. We bring in new applications at work if they help us perform better, not if they help us stay up on office gossip or give us a few popular tidbits to chat about during our breaks. Switching to the Craftsman Approach to Tool Selection matters if we want to do meaningful work and be present with our families in meaningful ways.