Pubdate: Wed, 04 Dec 2013
Source: Star Democrat (Easton, MD)
Copyright: 2013 The Star Democrat
Contact:  http://www.stardem.com/
Details: http://www.mapinc.org/media/1233
Author: Josh Bollinger
Bookmark: http://www.mapinc.org/racial.htm (Racial Issues)

REPORT SUGGESTS RACIAL DISPARITIES IN MARIJUANA CHARGES

EASTON - A November report by the American Civil Liberties Union of 
Maryland suggests the Mid-Shore has some of the highest racial 
disparities among marijuana arrests in the state.

The ACLU of Maryland's report, "The Maryland War on Marijuana in 
Black and White," was developed using Federal Bureau of Investigation 
and U.S. Census data between 2001 and 2010, and shows that during 
those years, the number of people arrested for marijuana possession 
in Maryland has increased by 34 percent, but suggests that blacks are 
disproportionately targeted for enforcement of the laws.

The data the report uses pertains only to arrests for possession of 
small amounts of marijuana, not sales or distribution.

"Now is the time to end this racially disparate approach of stopping, 
searching, arresting and jailing people in Maryland for possession of 
marijuana because it not only wastes limited resources, but it hurts 
communities and erodes trust with law enforcement," Sara Love, public 
policy director of the ACLU of Maryland, said.

Based on 2010 arrest rates, Maryland has the fourth highest rate of 
marijuana possession arrests in the nation at a ratio of 1 out of 
every 245 people being arrested in the state for marijuana 
possession, according to the report. Also, Maryland ranked seventh 
highest in the country in raw number of arrests for marijuana possession.

While blacks make up 30 percent of Maryland's population, they 
account for 58 percent of arrests for marijuana possession in the 
reported years. Between 2001 and 2010, black arrests for marijuana 
possession increased by 69 percent while white arrests only increased 
by 4 percent, according to the report.

The ACLU also concluded that black and whites are using marijuana at 
comparable rates.

"This report proves something we police have known for a long time: 
The drug war is inherently racist in its execution," Neill Franklin, 
executive director of Law Enforcement Against Prohibition, said. 
"Inequities in arrest rates affect the life opportunities of blacks 
and create distrust between police and the communities they serve."

According to the report, the Upper Shore's Cecil County ranks third 
behind Garrett County and Baltimore City in racial disparity between 
blacks and whites in arrests for marijuana possession.

On the Mid-Shore, Queen Anne's County ranks fourth at a rate of 3.66 
times more likely that blacks will be arrested for marijuana 
possession than whites. In 2010, blacks made up 7 percent of Queen 
Anne's County's population, but accounted for 22 percent of all 
arrests for marijuana possession, according to the report.

Talbot County ranks fifth highest in the state in the report at a 
rate of 3.35 times more likely that blacks will be arrested for 
marijuana possession than whites. Blacks made up 13 percent of Talbot 
County's population in 2010, but accounted for 34 percent of all the 
county's marijuana possession arrests, according to the report.

The report also claims that racial disparities in Talbot County could 
be worse than the numbers suggest, since Talbot County's Latino 
population rose 213 percent, and Latino arrests were largely reported 
as white arrests between 2001 and 2010, according to the report.

Caroline County ranks sixth highest in the state at a rate of 3.23 
times more likely that blacks will be arrested for marijuana 
possession than whites. Caroline County experienced the state's 
largest percentage increase in marijuana possession arrests between 
2001 and 2010 - 147 percent - despite the population only increasing 
11 percent, according to the report.

The report states that in 2010, blacks made up 14 percent of Caroline 
County's population but accounted for 35 percent of all marijuana 
possession arrests.

Despite ACLU's numbers suggesting disparity from 2001 to 2010, people 
caught possessing marijuana aren't charged the same way now as they 
were in previous years.

People in Maryland aren't physically arrested for possession of less 
than 10 grams of marijuana anymore, as per state law that went into 
effect Jan. 1, 2013.

Instead of being physically arrested, people are issued criminal 
citations. People who get a citation for possession of less than 10 
grams of marijuana might still have to appear in court, and the 
offense could carry a maximum penalty of up to 90 days in jail and/or 
a fine of up to $500.

Before the law was changed in the 2012 legislature, possession of 
marijuana carried a maximum penalty of up to one year in jail and/or 
a fine of up to $1,000.

The Talbot County Sheriff's Office's current numbers for marijuana 
citations by race for 2013 differ slightly from the 2001 to 2010 
numbers reported by the ACLU.

Between Jan. 1, 2013 and Nov. 27, 2013, Talbot County Sheriff Dallas 
Pope said 72 citations for possession of less than 10 grams of 
marijuana were issued by the office.

Out of those 72 citations, 51 were issued to whites, 17 to blacks (24 
percent), three to Asians or another race and one to a Hispanic.

During that same time period, the Talbot County Sheriff's Office 
physically arrested eight people specific to marijuana charges. Out 
of the eight arrests, five were white males, one was a white female, 
one was a black male and one was a black female.

In addition to the numbers, Pope said his office doesn't discriminate 
between races when issuing marijuana possession citations or making a 
marijuana arrest. Not only is that a policy of Pope's office, but it 
is Maryland law.

"We view marijuana as a drug that has complications and criminal 
overtones just as we do other drugs. We look at this in an unbiased, 
non-discriminatory manner and apply the law fairly and reasonably to 
everyone we encounter, regardless of race, regardless of sex," Pope said.

According to the Easton Police Department, between Jan. 1, 2013 and 
Oct. 31, 2013, 82 people were given a citation for possession of 
marijuana. That number doesn't include those who also got other 
charges, like possession of paraphernalia.

Out of the 82 people EPD cited for marijuana possession, 48 were 
white, 29 were black (35 percent) and five were Hispanic.

During that same time period, EPD physically arrested nine people for 
marijuana possession. Six of those who were arrested were white and 
three were black.

The ACLU report goes on to advocate for legalizing marijuana in 
Maryland, citing the suggested racial disparities, wasted resources 
while enforcing marijuana laws and the human cost for people after 
being hit with marijuana charges as some reasons why a change in the 
law is warranted.

A bill was introduced in the 2013 General Assembly that would have 
legalized marijuana possession up to an ounce for adults 21 and over 
and taxed and regulated it similarly to alcohol, but the bill was 
stalled in the House Judiciary Committee.

Pope was part of the wave testifying against the bill with the 
Maryland Sheriffs' Association and the Maryland Chiefs of Police Association.

"Even though we remain consistent with Maryland law, in regards to 
our policing policies and the ability to fairly and uniformly enforce 
the law regardless of race and other variables, our position remains 
unchanged," Pope said.

Efforts to legalize marijuana also are opposed by groups such as 
Talbot Partnership, which has said it "subscribes to the strategy put 
forward by SAM (Smart Approaches to Marijuana), that advocates for an 
education-oriented strategy to prevent marijuana use, with focus on 
early intervention and treatment of addiction as a health issue," 
Gary Pearce, Talbot Partnership's executive director, wrote in a 
recent opinion piece. "We subscribe to creating public policy based 
on the science of today's marijuana that have honest conversations 
about reducing the unintended consequences of current marijuana 
policies, such as lifelong stigma due to arrest.

"Instead of legalization, we encourage a health first policy that 
keeps marijuana illegal - safe from American style commercialization 
and promotion - but also keeps in mind the health of the user and the 
safety of him and those around him," Pearce wrote.

Marijuana legalization legislation is expected to be introduced again 
in the 2014 Maryland legislative session and one gubernatorial 
candidate, Del. Heather Mizeur, D-20-Montgomery, released a plan in 
November that would legalize and regulate marijuana in an effort to 
create more revenue for the state and funding for early childhood education.
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MAP posted-by: Jay Bergstrom