The Massive Racial Disparities In Arrests For Pot Possession

I'm a little late to this, but last week I received a copy of the ACLU report The War on Marijuana in Black and White, which was released in June. As the title suggests, it's an in-depth look at race and marijuana arrests in America, broken down nationally, then by state, and then by county. A few interesting items from the national data:

-- Marijuana arrests have been falling since 2006, but that's after a steep climb since 2001. So there are still significantly more annual arrests now that there were in the early 2000s.

-- 88 percent of marijuana arrests are for possession, and nearly half of all drug arrests are for pot possession.

-- The four states with the highest number of pot possession arrests per capita: New York, Nebraska, Maryland, and Illinois.

-- In New York and Texas in 2010, 97 percent of pot arrests were for possession (as opposed to distribution).

-- The five counties with the highest pot possession arrests per capita: Worcester, Maryland; Kleberg, Texas; Cole, Missouri; Bronx, New York; and Baltimore City, Maryland.

The uptick in arrest rates over the first half of the 2000s did not result in any significant reduction in the rate of use.

From the data on racial disparities . . .

-- Blacks are 3.73 times more likely to be arrest for pot possession than whites. The regions with the largest disparity: the Northeast and Midwest. The region with the smallest: the West.

-- The states with the highest racial disparity in per capita pot possession arrests: Iowa (blacks are 8.34 times more likely to be arrested), Minnesota (8.05), Illinois (7.81), Wisconsin (7.56), and Kentucky (5.95).

-- The black arrest rate for pot possession is below 300 per 100,000 residents in only two states, Hawaii and Massachusetts. The white arrest rate for pot possession is above 300 per 100,000 residents in only three states: Wyoming, Nebraska, and Alaska. The black arrest rate was below 500 in only 10 states. The white arrest rate was over 400 in zero states.

-- The black/white arrest rate disparity for pot possession has only grown over the last 10 years. The disparity has grown most in Alaska, Minnesota, Wisconsin, Michigan, Kentucky, Tennessee, and Ohio.

A common rejoinder to the racial disparities in arrest rates or incarceration rates is that, proportionately, black people commit more crimes than white white people. But that argument doesn't explain away these figures. These, again, are for pot possession. Meaning, these people were arrested with enough pot for personal use, but not enough to charge them with distribution. In other words, most of these people were arrested for using. And as the ACLU report points out, numerous studies have shown that blacks and whites use marijuana at about the same rate. In fact, in 2010, 34 percent of whites reported having used marijuana in the previous year, versus just 27 percent of blacks.

Looking beyond the racial data, there are some other interesting bits in the report. Montana, for example, legalized medical marijuana by ballot initiative in 2004. The measure passed with over 60 percent of the vote. State and federal authorities, however, set out to thwart the voters with aggressive crackdowns on pot users. So over the last 10 years, the number of pot possession arrests per capita over the last decade in Montana has jumped by 145 percent, more than any other state in the country.

But Montana's statewide figure pales in comparison to counties in America with the largest increase. Hancock County, West Virginia, for example, saw its rate of pot possession arrests jump a whopping 2,319 percent between 2001 and 2011. Other counties leading the way in stepping up enforcement over the last decade include the D.C. suburb of Fairfax County, Virginia (976 percent); Cole County, Missouri (669 percent); and Vanderburgh County, Indiana (583 percent).

Finally, as many states continue to face pension shortfalls and budget crunches, the report looks at the fiscal drain of pot possession arrests. The ACLU estimates that nationally, the cost of arresting people just for possessing marijuana run somewhere between $1-6 billion per year. The states that spend the most money per capita arresting pot users: New York, Maryland, Illinois, Wyoming, Nevada, Delaware, New Jersey, Connecticut, and Arizona. New York, incidentally, spends almost twice as much as any other state.

BEFORE YOU GO

1 Former President Bill Clinton

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Bill "Didn't Inhale" Clinton has supported decriminalizing marijuana for more than a decade and more recently has spoken out against the war on drugs. “I think that most small amounts of marijuana have been decriminalized in some places, and should be," he said back in 2000 in an interview with Rolling Stone. "We really need a re-examination of our entire policy on imprisonment.” He's since spoken about the issue of marijuana and drug prohibition a number of times. Last year, he appeared in the documentary, "Breaking the Taboo," where he argued that the war on drugs has been a failure.
2 Sen. Rand Paul (R-Ky.)

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Paul exhibited his libertarian tendencies earlier this year when he explained that he'd favor reforming marijuana laws to either decriminalize or reduce penalties for possession. “I don't want to promote that but I also don't want to put people in jail who make a mistake," Paul said. "There are a lot of young people who do this and then later on in their twenties they grow up and get married and they quit doing things like this. I don't want to put them in jail and ruin their lives."
3 Former Rep. Ron Paul (R-Texas)

As a congressman, Paul took his opposition to marijuana and drug prohibition a step farther than his son has so far. He supported a number of bills that would have removed the plant from its current status as a Schedule I substance under federal law, where it is considered alongside heroin and PCP. Because his history on the topic is so expansive, just take a look at the video to the left for a selection of his comments.
4 Evangelist Pat Robertson

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While the 83-year-old Robertson may say a lot of things that make him sound like a kooky old man, he's also made a few remarks to endear himself to marijuana advocates. "I really believe we should treat marijuana the way we treat beverage alcohol," Robertson said in an interview with The New York Times in 2012. "I've never used marijuana and I don't intend to, but it's just one of those things that I think: this war on drugs just hasn't succeeded." Robertson has made similar remarks on his "700 Club" show before, but the Times, like many others, perhaps felt they must have misheard him.
5 New York City Mayor Michael Bloomberg

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In a state of the city address earlier this year, Bloomberg made it clear that he supported a promise by New York Gov. Andrew Cuomo (D) to push marijuana decriminalization. "I support Governor Cuomo's proposal to make possession of small amounts of marijuana a violation, rather than a misdemeanor, and we'll work to help him pass it." A similar effort specific to NYC has made some progress, but faces an unclear path forward with New York lawmakers.
6 Actor Bryan Cranston

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Some may think of Cranston as more of a meth guy thanks to Walter White, his character on AMC's hit show "Breaking Bad," but in real life he's spoken out against current pot laws, suggesting that recreational marijuana use isn't a big deal -- and shouldn't be treated like it. “[T]o me, marijuana is no different than wine," he said in an interview with High Times. "It's a drug of choice. It's meant to alter your current state -- and that's not a bad thing. It's ridiculous that marijuana is still illegal. We're still fighting for it ... It comes down to individual decision-making. There are millions of people who smoke pot on a social basis and don't become criminals. So stop with that argument -- it doesn't work.” [H/T Marijuana Majority]
7 Former New Mexico Gov. Gary Johnson (R)

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Unlike many politicians, Johnson, a Libertarian presidential candidate in 2012, has unabashedly admitted using marijuana. But beyond his personal history with pot, he's been an outspoken advocate for legalizing and taxing it. From his campaign platform: "By managing marijuana like alcohol and tobacco - regulating, taxing and enforcing its lawful use - America will be better off. The billions saved on marijuana interdiction, along with the billions captured as legal revenue, can be redirected against the individuals committing real crimes against society."
8 Author Stephen King

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King hasn't been shy about advocating for a legal marijuana industry that could give easy access to recreational users and revenue to the states. “Marijuana should not only be legal, I think it should be a cottage industry," he said in an interview with High Times. "My wife says, and I agree with her, that what would be really great for Maine would be to legalize dope completely and set up dope stores the way that there are state-run liquor stores.” [H/T Marijuana Majority]
9 Rep. Dana Rohrabacher (R-Calif.)

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Rohrabacher was a co-sponsor of the 2013 "Respect State Marijuana Laws Act," which seeks to protect marijuana users or businesses acting legally according to state marijuana laws from being prosecuted under the federal Controlled Substances Act. While marijuana has been made legal for various uses in a number of states, the Obama administration continues to enforce federal laws across the nation. This has led to numerous raids of marijuana-based businesses, as well as prosecutions of growers and other people involved in pot.
10 Rep. Don Young (R-Alaska)

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Young was also a co-sponsor of the 2013 "Respect State Marijuana Laws Act."
11 Rep. Justin Amash (R-Mich.)

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Amash was also a co-sponsor of the "Respect State Marijuana Laws Act."
12 Glenn Beck

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Back in 2009, when Beck had a Fox News show, he suggested that marijuana legalization could be a worthwhile solution to raging drug violence on the nation's border with Mexico. "I think it's about time we legalize marijuana," he said. "We have to make a choice in this country. We either put people who are smoking marijuana behind bars or we legalize it, but this little game we're playing in the middle is not helping us, it is not helping Mexico and it is causing massive violence on our southern border."
13 Billionaire Richard Branson

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From an op-ed by Branson arguing for an end to the war on drugs: "Decriminalization does not result in increased drug use. Portugal's 10 year experiment shows clearly that enough is enough. It is time to end the war on drugs worldwide. We must stop criminalising drug users. Health and treatment should be offered to drug users - not prison. Bad drugs policies affect literally hundreds of thousands of individuals and communities across the world. We need to provide medical help to those that have problematic use - not criminal retribution."
14 GOP Mega-Donor David Koch

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Koch may have funneled countless dollars to conservative candidates who oppose reforming marijuana laws, but back in 1980, when he was the vice presidential candidate for the Libertarian Party, he suggested that it was "ridiculous" to consider people who smoked pot "criminals."
15 Texas Gov. Rick Perry (R)

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In 2010, Perry told Jon Stewart that he believed in a federalist approach to marijuana laws -- that is, to allow states to determine their own approach and to tell the federal government to butt out. He's since suggested he'd be willing to support decriminalizing possession of small amounts of marijuana.
16 Comedy Central's Jon Stewart

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Stewart has made a habit of taking down politicians who exhibit an uncompromising stance on marijuana prohibition. In 2012, Stewart took New Jersey Gov. Chris Christie (R) to task for vetoing a marijuana decriminalization bill. “Alright, as much as I disagree, I don’t think marijuana should be illegal, but it is illegal on the federal level," Stewart began. "Christie is a former prosecutor, a man of conviction, of principle, doesn’t believe that the state should supersede federal law." The praise in the second sentence is a good sign that Stewart is about to shred Christie. Watch the rest of his takedown above.
17 Actor Jack Nicholson

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In an interview with the UK's Daily Mail in 2011, Nicholson said that he personally still used marijuana, before making the case for ending the prohibition on pot as well as other drugs. "I don't tend to say this publicly, but we can see it's a curative thing. The narcotics industry is also enormous. It funds terrorism and - this is a huge problem in America - fuels the foreign gangs," he said. "More than 85 percent of men incarcerated in America are on drug-related offences. It costs $40,000 a year for every prisoner. If they were really serious about the economy there would be a sensible discussion about legalization."
18 Former Utah Gov. Jon Huntsman (R)

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In a 2013 American Conservative op-ed chock full of moderate Republican views, Huntsman snuck in a call to "applaud states that lead on reforming drug policy." While Obama and his administration have responded to state marijuana reforms by saying they must enforce federal laws against marijuana, the president has the power to reschedule the drug, which would allow federal authorities to shift resources away from a prohibitive approach.
19 Former Alaska Gov. Sarah Palin (R)

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Palin spoke out on marijuana in 2010, saying she didn't support legalizing it but also calling it a "minimal problem" for the nation. "However, I think we need to prioritize our law enforcement efforts," Palin said. "If somebody's gonna smoke a joint in their house and not do anybody any harm, then perhaps there are other things our cops should be looking at to engage in and try to clean up some of the other problems we have in society." While Obama has spoken repeatedly about not being interested in prosecuting small-time marijuana users, he hasn't done anything to prevent them from being busted by law enforcement in states where the drug is still illegal.
20 Comedian Jimmy Kimmel

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Kimmel notably took a shot at Obama while serving as host of the 2012 White House Correspondents Dinner, questioning a continued marijuana crackdown under the president's administration. He then went on to say that the issue of its continued illegality was a serious political concern for many Americans. (Check out the video above.)
21 Former President Jimmy Carter

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Carter hasn't minced words in expressing his opposition to harsh marijuana and drug prohibition policies. In 2012, the former president said he was fine with state legalization efforts, though he himself doesn't necessary support legalizing the drug. “As president 35 years ago I called for decriminalizing -- but not legalizing -- the possession of marijuana,” Carter said. “Since then, U.S. drug policies have been very horrible to our own country because of an explosion in prison populations.”
22 Former Virginia Attorney General Ken Cuccinelli

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A staunch conservative who failed in a run for the U.S. Senate last year, Cuccinelli suggested in 2013 that he was "evolving" on marijuana legalization, and that he supported the rights of states to determine their own pot laws. "I don't have a problem with states experimenting with this sort of thing I think that's the role of states," Cuccinelli said, according to Ryan Nobles of WWBT.
23 Columnist Dan Savage

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Savage slammed Obama for perpetuating the war on drugs while on HBO's "Real Time With Bill Maher" in 2009. “The proof will be in the policy. The war on drugs has gotten a really bad rap, when you ask people if they support the war on drugs they say no ... [Obama's] budget once again has the same old drug warrior policy ... I reject the assumption that everybody who is using drugs needs treatment or is an addict and needs to get arrested ... Not all drug use is abuse.” He's kept up the fight for drug policy reform since. [H/T Marijuana Majority]
24 MSNBC's Al Sharpton

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Sharpton has repeatedly spoken out in favor of reforming drug laws. In 2011, he suggested that the nation had wasted trillions of dollars in an ill-fated effort that had weighed particularly heavily on the African American community. “We've been fighting the war on drugs since the '60s. And guess what? Trillions of dollars later, we are losing," Sharpton said during a segment on MSNBC. "When you look at the disparities in sentencing drug offenders, hasn't this kind of injustice undermined the legitimacy of our criminal justice system?” [H/T Marijuana Majority]
25 Former Rep. Tom Tancredo (R-Colo.)

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Tancredo came out aggressively in favor of reforming marijuana laws in 2010, telling the Colorado Independent that the correct path forward was "Legalize it. Regulate it. Tax it." Tancredo continued, “The arguments against marijuana today are the same as the arguments against liquor years ago.” Years later, the former congressman agreed to smoke pot on camera with a documentary filmmaker, a deal that he later backed out of.

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