A Racist Start to the Drug War

A Racist Start to the Drug War

My last post was about Harry Anslinger’s racist views and how they influenced public policy. I wanted to focus on what we could learn from his mistakes, and how we could think about our own policy positions given the terrors we have seen in the past from biased policy positions, confirmation bias, and believing things are true simply because we want them to be true.

 

Today’s post is more specifically just an examination of race and drug policy, looking all the way back to the start of the war on drugs. During a time when protests against racial violence in policing is front and center, I think it is helpful to consider how race was specifically used in drug wars to hurt racial minorities, especially black men and women. Black lives matter, but our nation has not always believed that, and we cannot separate the disparities in racial sentencing, death rates, and wealth from the policies of our nation’s past.

 

In his book Chasing the Scream, Johan Hari writes about his shock at finding that the drug war, in its early days, was not so much about mitigating drug addiction or preventing new addiction in teenagers, as it is today, but about controlling racial minorities. He cites overtly racist headlines in newspapers and talks about Anslinger’s efforts to target minority populations, while letting white drug users off the hook and helping them find treatment to wean off drugs. A central character in the book is Billie Holiday, a black musician targeted by Anslinger for her drug use. Her story provides a window into the racialized tactics used to enforce drug laws, and create a nationwide story about the danger of black people using drugs.

 

Hari writes, “Many white Americans did not want to accept that black Americans might be rebelling because they had lives like Billie Holiday’s – locked into Pigtowns and banned from developing their talents. It was more comforting to believed that a white powder was the cause of black anger, and that getting rid of the white powder would render black Americans docile and on their knees again.”  The failure of black Americans to become successful was blamed on drugs, and ultimately on a genetic and/or cultural inferiority that justified their low social positions and justified a drug war waged against them. White American’s didn’t want to believe that they could be held responsible for the strife of African Americans, so they invented new excuses for racist policies.

 

As we look around the country today, we should keep these kinds of policies and views in mind. It was not that long ago that we were so openly racist in the development of policies that are still impacting the world today. We can no longer justify racial disparities by saying that there is some type of problem with minorities that justifies the disparities in our policies and outcomes. We need to demonstrate that black lives matter and advance policies that correct the wrongs of our past.
The Cost of Marijuana Prohibition

The Cost of Marijuana Prohibition

“Tremendous sums of money are spent on enforcing federal and state marijuana laws every year,” writes John Hudak in his book Marijuana: A Short History, “A 2010 study by Harvard economist Jeffrey Miron puts that total cost at around $14 billion annually for federal and local law enforcement, judicial, and correctional costs.”

 

A common refrain in the public policy world is that government budgeting reveals a society’s priority. In the United States, our system of incarcerating individuals and enforcing laws that often disproportionately impact individuals from racial minorities does not reveal something that many American’s would be proud of. The amount of money that our country, our state governments, and our local municipal governments spend on law enforcement and incarceration is enormous, and the amount we spend on actual rehabilitative programs and preventive efforts is comparatively small. We seem to be a nation that is all about punishing bad guys, but not as concerned about preventing crime and helping people avoid lives that lead toward illegal behavior in the first place.

 

There is still a lot we don’t know about how marijuana use will impact the human body, and we don’t know the full costs of legalizing marijuana, but I think it is fair to question whether $14 billion dollars is worth the cost of prohibition. Keeping people in jail for low level drug charges doesn’t seem to be worth the cost to many people, and that is why some libertarian and conservative groups (such as the Koch brothers), have begun to support marijuana legalization. The question is whether our priority really should be policing and arresting people for using marijuana, or whether we should be investing that money toward other purposes.

 

Police and law enforcement resources could be redirected toward other crimes. Reduced judicial and correctional costs might allow for smaller local budgets, meaning lower taxes for citizens. And in states like Nevada, legalized marijuana has meant tens of millions in new revenue specifically for schools and rainy day funds. Ultimately, where our government decides to put money reveals what our preferences are as citizens and voters, and for a long time our preference has been to pay to remove people we don’t like from society, even if the cost is huge and overwhelms our state and local budgets.
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.

Prioritizing Complacency

I studied political science during my Masters degree at the University of Nevada, and an important thing that we discussed in our classes early on is to think of a country by thinking of its voting constituents. Governments are ideally representative of all people in a society, but in reality, they are representative mostly of the people who vote for them. If you want to understand a society, think of its most likely voting groups, and their preferences and values are the ones you are most likely to see expressed in public policy.

 

Tyler Cowen, an economist at George Mason University understands this and writes about it in his book The Complacent Class. Cowen recognizes that the voters matter because they influence the elected officials who make decisions, and voters are more likely to elect people who are like themselves. The class of voters in our country now, and the class of elected officials, Cowen argues, is relatively homogeneous, especially in regards to complacency. He writes,

 

“So overall, America is building its core culture and norms and politics more and more around people and families who just aren’t that mobile across the generations and who have a relatively static and stratified sense of how things work, which indeed is a pattern they see in their own lives. In other words, we are building our core norms and culture around the complacent class, even though some very different tendencies exist in the America of today.”

 

Our biggest voting block in the US is older, whiter, wealthier, more likely to be retired, and less likely to move across state borders in a given year than the general public. Those who can vote consistently, participate in town halls, and write letters to elected officials are the ones who have more time to spend tracking politics and attending events. They are more likely to have been rooted in a specific community for a longer period of time, and are more likely to have more wealth, equating to more vested interests in maintaining a status quo.

 

Our key electorate, is not a very dynamic group.

 

Cowen contrasts this group with immigrants, who have less free time, are likely to be working more to earn more, and are more likely to have dynamic lives that include moving from one place to another, starting a new business, or trying a new approach to something that has existed before. Additionally, younger generations show similar patterns of more dynamic lifestyles than our main electorate.

 

However, many immigrants cannot vote if they have not obtained citizenship, and younger people are less likely to vote and less likely to have a strong sense of what is happening in government, especially local government in a new region they have moved to.

 

So in the end, the strongest voice in our politics is likely the most risk averse, homogeneous, and complacent segment of our population. The dynamic people that our country relies upon in order to push the economy forward and deliver new innovations is not prioritized in our government and public policy. The voices of those who benefit from the status quo are usually the loudest. Cowen is concerned, and I think rightfully so, that we may be headed in the wrong direction by deprioritizing the most dynamic segment of our population and over-representing the least dynamic people in our country. We will have to make big changes to address the challenges we face in our new globalized world economy, and that will require thinking dynamically about growth, the future, and life in general.

The Location of Power

Power in the United States, at least the power to actually get things done and make changes, is transforming. National politics exist at such a polarized level that bipartisan lawmaking and any action in general is almost impossible. As a result, political decision making and dynamic policy changes are occurring at a different level of governance, the hyper-local level. From my vantage point, state governments are muddling through as normal, with some big legislation passing here and there in some states, but simultaneously a lot of state level legislation seems to me to symbolic and broad, and often hung up in courts.

 

The New Localism by Bruce Katz and Jeremy Nowak explores how and why power in American public policy is shifting to the city, municipality, and metropolitan arenas. Dynamic changes and transformations are not occurring nationally, are not occurring in all states, and are not occurring in all counties. Some regions of the United States are growing, booming, and adapting, while others seem stagnant and stuck.

 

The authors write, “The location of power is shifting as a result of profound demographic, economic, and social forces. Power is drifting downward from the nation-state to cities and metropolitan communities, horizontally from government to networks of public, private, and civic actors, and globally along transnational circuits of capital, trade, and innovation.”

 

The thing about city governments and metropolitan communities is that they can act with a sense of informality that large national governments and bureaucracies cannot. They can be quicker to respond and more targeted with their actions. We are coming out of a period in American history where policies and actions moved upward to the Federal government. Lobbyists moved from small town capitals across the nation to Washington DC, to be closer to the big decision makers. As congress has fallen into gridlock, local governments have taken up action to innovate and re-imagine their futures. New actors come into play at local levels, and connections in both public and private organizations are driving the changes of governance, economies, and communities.

 

It is important that we embrace these changes, but recognize the potential for inequality with these changes. We have to find ways to embrace the new drivers of innovation, knowledge, and development while equitably ensuring that our communities are strengthened and not fractured from this new localism. Metropolitan areas are booming, but they must not become exploitative or this shift in power can become dangerous and further the divisions in our country. In order for new localism to be sustainable, it must also become equitable to bridge the gaps we see in our current politics.

How Helpful Are We?

“People are willing to help, but the amount they’re willing to help doesn’t scale in proportion to how much impact their contributions will make.” Author’s Kevin Simler and Robin Hanson write this in their book The Elephant in the Brain when discussing our behaviors around donations and charity. “This effect,” they continue, “known as scope neglect or scope insensitivity, has been demonstrated for many other problems, including cleaning polluted lakes, protecting wilderness areas, decreasing road injuries, and even preventing deaths.”

 

In the United States, we have a high regard for charitable donations and activities. We encourage people to donate their time and money and our tax system has a way for people to get something back from the government by reducing how much they own in taxes if they gave enough in charitable donations. What Hanson and Simler highlight in their book, however, is that our human brains are not well suited to ensure that all of our charitable donating is having the greatest impact possible.

 

I am a public policy student and practitioner, and a key thing to understand about public policy is that at the core, it is not rational. The deepest level of policy is entirely based on values and sometimes pure emotions. You cannot rationally come to a reasonable conclusion for whether the nation (city, county, state) should invest its final $1 million dollars in policy to reduce tobacco use, or increase educational support for children with autism, or clean and remodel a popular park. The final decision is going to come down to the values of the voters and of the government’s leadership.

 

The same is true for our individual donations. Is it really best for us to make donations to the Against Malaria Foundation to save lives in countries far away from us? Should we use our donations to help improve the lives of children living right here in our own community? Are we obligated to use our donations to help other people like us who have also gone through medical crisis, trauma, or natural disaster challenges that we have experienced and survived? The heart of these decisions will always be an emotional values decision.

 

We can, however, try to develop institutions that help people ensure that once they have made these value judgement they use their charity in the most meaningful way possible. We can develop social systems and attitudes that encourage people to pool their charitable resources toward one meaningful purpose that aligns with their values, rather than donating a few bucks here and there to a charity that pulls at their emotions (a single large donation to an effective charity can do much more good in the world than multiple smaller donations to charities that range in terms of effectiveness). We can develop organizations that do more to analyze the effectiveness of given charities and develop new systems for looking at how we can make sure our donation does the most good based on where we want to do our good (whether it is saving lives, helping local development, improving education, or something different). We can use our tax system to encourage smart charity rather than stupid charity where celebrities just buy overly priced pictures of themselves from random foundations that claim to have philanthropic purposes but really just pay off porn stars to protect the political prospects of their benefactors (cough-Trump-cough).

 

Ultimately, our brains our wired to be charitable to show people that we are nice caring people. As a result, we don’t really care about the effectiveness of our donation, we just want people to see that we made a donation and that we are the kind of person who is caring and generous enough to help others. This leads us to make stupid donations rather than smart an effective donations, but by changing the institutions surrounding our charitable activity, we can start to actually do good in a rational manner with our charity.

Selective Attention

I listened to an episode of the After On podcast this last week, and the guest, Dr. Don Hoffman, suggested that our brains did not evolve to help us understand reality, but evolved to help us survive, which often did not require that our ancestors have the most accurate view of reality but instead had the perceptions necessary to avoid lions, work as a tribe, and pick healthy berries. What we see when we look around us is only a small fraction of the world, our eyes are only able to perceive a rather narrow range of electromagnetic radiation (light). With the fact that our brains did not evolve to give us the most clear picture of reality and with our inability to fully perceive all of reality, we must remember that there are reasons to be skeptical of the thoughts produced by our brain.

 

In his book Becoming Who We Need to Be, author Colin Wright discusses the outcomes of our brains cognitive shortcomings. He writes, “This tendency to pay more attention to the seeming unlikely events that happen to and around us is called “selective attention.” Our brains have a bias toward patterns, and ignore so called uninteresting data…” Wright suggests that this is part of the reason our brains our so bad at statistical thinking as I described yesterday. Statistics is hard because we selectively pick out certain things as important and have a distorted memory of the world based on what we happened to see and notice. Wright continues describing what this means for us, “Which in turn result in our finding meaning in what is almost certainly meaningless…familiarity and feeling of significance is merely the consequence of our brains wigging out over the perceived connection, due to its pattern-finding predilections. Because that’s what it does.”

 

When we recognize that we did not evolve to develop a perfect view of what is happening around us and that our brains only selectively record a small chunk of reality, we can begin to think about how approach the world. We know our brains look for patterns and behave quickly, but that the patterns the brain picks out might not be fully correct or meaningful. We don’t have to eat Pringles every time our team is in the playoffs, because we are aware that our brain is making a false connection between us eating specific chips and our favorite team winning based on a perception that doesn’t really exist. What I am ultimately getting at is that our brains can invent realities that seem reasonable, but are based on cognitive errors, selective attention, and don’t actually align with the physical reality of the universe. We make sense out of meaningless things around us and start to attach symbolic importance to things that should not have any importance in our lives.

 

This distorted reality may not be a problem at an individual level with how any of us move through our lives. No one is going to care too much if you believe you need to drink a specific coffee every morning or sit in a specific spot, but as this mode of thinking scales up to a societal level, we must recognize that beliefs resulting from cognitive bias and error can lead to a world that doesn’t operate equitably for all members of society. Public policy must be grounded in the best empirical science and data that we can collect (even if our interpretation of the data is always going to be imperfect) so that we can distribute our finite resources in a reasonable way, and we must cut through our false narratives to avoid stigmatizing groups and discriminating against people who see the world differently from us.