Alabama's Pre-textual War on Marijuana to Harm Blacks: Police Arrest Black People for Marijuana Possession at 4X the Rate of Whites & Blacks are 5X as Likely to be Arrested for Felony Possession
From [HERE] Blacks in Alabama were four times as likely to be arrested for marijuana possession in 2016 as whites, according to a report from the Alabama Appleseed Center for Law & Justice and the Southern Poverty Law Center, AL.com reports. Arrests for marijuana possession, of which there were over 2,000 in 2016, can have significant and lasting consequences which disproportionately impact African Americans even though blacks and whites use marijuana at similar rates.
The executive summary states:
“Like thousands of others, they’re casualties of Alabama’s war on marijuana – a war the state ferociously wages with draconian laws that criminalize otherwise law-abiding people for possessing a substance that’s legal for recreational or medicinal use in states where more than half of all Americans live.
In Alabama, a person caught with only a few grams of marijuana can face incarceration and thousands of dollars in fines and court costs. They can lose their driver’s license and have difficulty finding a job or getting financial aid for college.
This war on marijuana is one whose often life-altering consequences fall most heavily on black people – a population still living in the shadow of Jim Crow.
Alabama’s laws are not only overly harsh, they also place enormous discretion in the hands of law enforcement, creating an uneven system of justice and leaving plenty of room for abuse. This year in Etowah County, for example, law enforcement officials charged a man with drug trafficking after adding the total weight of marijuana-infused butter to the few grams of marijuana he possessed, so they could reach the 2.2-pound threshold for a trafficking charge.
Marijuana prohibition also has tremendous economic and public safety costs. The state is simply shooting itself in the pocketbook, wasting valuable taxpayer dollars and adding a tremendous burden to the courts and public safety resources.
This report is the first to analyze data on marijuana-related arrests in Alabama, broken down by race, age, gender and location. It includes a thorough fiscal analysis of the state’s enforcement costs. It also exposes how the administrative burden of enforcing marijuana laws leaves vital state agencies without the resources necessary to quickly test evidence related to violent crimes with serious public safety implications, such as sexual assault.
The study finds that in Alabama:
The overwhelming majority of people arrested for marijuana offenses from 2012 to 2016 – 89 percent – were arrested for possession. In 2016, 92 percent of all people arrested for marijuana offenses were arrested for possession.
Alabama spent an estimated $22 million enforcing the prohibition against marijuana possession in 2016 – enough to fund 191 additional preschool classrooms, 571 more K-12 teachers or 628 more Alabama Department of Corrections officers.
Black people were approximately four times as likely as white people to be arrested for marijuana possession (both misdemeanors and felonies) in 2016 – and five times as likely to be arrested for felony possession. These racial disparities exist despite robust evidence that white and black people use marijuana at roughly the same rate.
In at least seven law enforcement jurisdictions, black people were 10 or more times as likely as white people to be arrested for marijuana possession.
In 2016, police made more arrests for marijuana possession (2,351) than for robbery, for which they made 1,314 arrests – despite the fact that there were 4,557 reported robberies that year.
The enforcement of marijuana possession laws creates a crippling backlog at the state agency tasked with analyzing forensic evidence in all criminal cases, including violent crimes. As of March 31, 2018, the Alabama Department of Forensic Sciences had about 10,000 pending marijuana cases, creating a nine-month waiting period for analyses of drug samples. At the same time, the department had a backlog of 1,121 biology/DNA cases, including about 550 “crimes against persons” cases such as homicide, sexual assault and robbery.