Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, January 26, 2018

Lamenting "marijuana apartheid" amidst modern marijuana reform movement

Bosnia-a-scuola-di-apartheidThe title of this post picks up on a provocative phrase in this provocative new commentary at The Intercept authored by Shaun King.  The piece is headlined ""Despite Liberalizing Marijuana Laws, the War on Drugs Still Targets People of Color, " and here are excerpts:

[New York] city’s leaders have openly bragged about the decriminalization of marijuana, but arrests for simple possession actually went up by 9 percent from 2015 to 2016, with 18,136 people arrested.  In a 2016 interview, New York City Mayor Bill de Blasio said, “We stopped the arrest for low-level marijuana possession.” But that’s simply not true: 96 percent of those arrested in New York were busted for low-level possession. Over 50 people a day are still being arrested for it in New York City alone.

Most of those arrests, predictably, are happening in communities of color. The new numbers for New York City’s 2017 marijuana arrests just came out and they hardly budged — arrests declined by about 1 percent, disappointing many advocates and attorneys who took the mayor’s word on this issue.

Democrats dominate in New York. In addition to its liberal mayor, 47 of 51 city council members are Democrats. New York can’t blame arresting 50 people a day for low-level marijuana possession on Sessions or Trump. Neither can most of America’s largest cities — where a huge percentage of these arrests go down — and where Democrats have ruled for decades. This disparity extends to places that have legalized weed — and not just medical marijuana. As far as arrests go, the legalization wave has mainly helped white people....

Then there is the economic justice side of things. Millions of African-Americans have gone to jail for marijuana possession and distribution; hundreds of thousands remain in jail at this very moment. And while African-Americans continue to pay an enormous price for marijuana prohibition, a legal weed economy is exploding. In California, the weed economy is worth about $7 billion, and it’s going to grow exponentially.

Who do you think owns these businesses? That’s right: The weed industry is dominated by white ownership. I recently picked up a magazine that was all about the marijuana industry. Not a single black or Latino face was in the entire magazine. That people of color are largely shut out of the legal cannabis industry, after paying the heaviest price for it, is the definition of white privilege.

We’ve seen this sort of exploitation many times. We celebrate, as we should, Jackie Robinson entering Major League Baseball. But when MLB “integrated,” it only integrated the teams, not the front offices or ownership groups. The integration of baseball then meant the destruction of the Negro League and every black-owned franchise that came with it. Generations later, not a single team in baseball is black-owned. The same is true for basketball. Even the Harlem Globetrotters is owned by white people.

What we have right now is a type of marijuana apartheid, a de facto policy of segregation on this issue, in which one lived reality exists for white America on weed and a completely different, more punitive and costly reality exists for African-Americans. Of course it’s unfair, but it damn sure is as American as apple pie. Even if we’ve already passed the bygone golden years of bipartisan cooperation on criminal justice reform, it’s time for Democrats to lead on this issue. But judging by the fact that Sen. Cory Booker, D-N.J., has just one single co-sponsor for his progressive legislation on the matter, it doesn’t look like Democrats have a real plan here. Do they ever?

http://lawprofessors.typepad.com/marijuana_law/2018/01/lamenting-marijuana-apartheid-amidst-modern-marijuana-reform-movement.html

Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink

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