Pubdate: Thu, 20 Jun 2013
Source: Pensacola News Journal (FL)
Copyright: 2013 The Pensacola News Journal
Contact: http://www.pnj.com/apps/pbcs.dll/section?Category=OPINION0301
Website: http://www.pnj.com/
Details: http://www.mapinc.org/media/1675
Author: Howard Simon
Note: Howard Simon is executive director of the American Civil 
Liberties Union of Florida
Referenced: The War on Marijuana in Black and White: Report
http://www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf

LEGALIZE THE USE, POSSESSION OF MARIJUANA

The American Civil Liberties Union's report ("The War on Marijuana in 
Black and White: Billions of Dollars Wasted on Racially Biased 
Arrests" www.aclu.org/marijuana) confirms what many suspected: 
Arrests for marijuana possession are wasteful, destructive and marred 
by racial bias.

The report examined marijuana arrest rates nationally and documents 
that while there were pronounced racial disparities 10 years ago - 
the problem has become significantly worse.

Over the last 20 years police have turned much of their zeal for 
fighting the misguided "War on Drugs" toward the enforcement of 
marijuana laws - which, disproportionately, has been a war on people 
of color. State and local police have aggressively enforced marijuana 
laws selectively against black people, ensnaring hundreds of 
thousands of people in the criminal justice system at tremendous 
human and financial cost.

Between 2001 and 2010, there were 8.2 million marijuana arrests. More 
than 7 million, 88 percent were for possession - not sale or 
distribution. In 2010 alone, there were more than 889,000 marijuana 
arrests - 300,000 more than arrests for all violent crimes combined that year.

In 2010, there was one marijuana arrest every 37 seconds.

Florida police made 57,951 arrests for marijuana possession in 2010 - 
92 percent of all marijuana arrests. Arrests for marijuana possession 
were 40.9 percent of all drug arrests. In the past 10 years, the 
arrest rate for marijuana possession has risen 11.4 percent and the 
racial disparities have increased 15 percent.

A handful of Florida counties rank in the 25 highest in marijuana 
possession arrests, including Miami-Dade, Broward and Orange.

Despite comparable marijuana usage rates by whites and blacks, a 
black person was more than 3.7 times more likely to be arrested for 
marijuana possession than a white person. The figures are more 
disturbing in Florida, where a black person is 4.2 times more likely 
to be arrested for possession.

These racial disparities exist in all regions of the country, in 
large and small counties, cities and rural areas, and in both high- 
and low-income communities.

Compounding the shame of the documented racial bias in the 
enforcement of the nation's drug laws is that drug arrests also waste 
money. In 2010, state and local police in Florida spent more than 
$228.6 million to enforce marijuana laws.

Enforcement of marijuana laws also devastates lives: an arrest can 
disqualify someone from public housing and student financial aid; it 
can cost someone their job or custody of their child; and because of 
Florida's Jim Crow felon disfranchisement policy, the right to vote.

It is past time to change both strategy and goal: States should 
legalize the use and possession of marijuana. Its production, 
distribution, and possession for persons 21 or older should be 
licensed and regulated. The sale of marijuana should be taxed and 
criminal and civil penalties should be removed.

If lawmakers don't have the courage to acknowledge that it is time 
for legalization, they can consider depenalizing, decriminalizing or 
deprioritizing marijuana possession.

Depenalizing would remove all civil and criminal penalties for use 
and possession for persons 21 or older. Decriminalizing would replace 
all criminal penalties for use and possession of small amounts of 
marijuana by adults and youth with a civil penalty or a small fine. 
Deprioritizing would mean police and prosecutors lower the priority 
for the enforcement of marijuana possession laws and focus on 
preventing and solving crimes that truly harm our communities.

Regulating and taxing marijuana would save millions of dollars that 
could be invested in public schools and community and public health 
programs - and drug treatment.

More than anything else, this would eliminate racially targeted 
enforcement of our marijuana laws.
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MAP posted-by: Jay Bergstrom