“Whites Smoke Pot, but Blacks Are Arrested.” That was the headline of a column by Jim Dwyer, the great Metro desk reporter for The New York Times, in December 2009. Although Dwyer was writing about New York City, he summed up perfectly two central and enduring facts about marijuana use and arrests across the country: whites and blacks use marijuana equally, but the police do not arrest them equally. A third important fact: the vast majority (76 percent) of those arrested and charged with the crime of marijuana possession are young people in their teens and 20s.
Over the last fifteen years, police departments in the United States made 10 million arrests for marijuana possession—an average of almost 700,000 arrests a year. Police arrest blacks for marijuana possession at higher rates than whites in every state and nearly every city and county—as FBI Uniform Crime Reports and state databases indisputably show. States with the largest racial disparities arrest blacks at six times the rate of whites. This list includes Alabama, Illinois, Iowa, Kansas, Kentucky, Minnesota, Pennsylvania, Nebraska, Nevada, New York and Wisconsin.
Big city police departments are among the worst offenders. Police in Los Angeles, Chicago and New York have arrested blacks for marijuana possession at more than seven times the rate of whites. Since 1997, New York City alone has arrested and jailed more than 600,000 people for possessing marijuana; about 87 percent of the arrests are of blacks and Latinos. For years, police in New York and Chicago have arrested more young blacks and Latinos for simple marijuana possession than for any other criminal offense whatsoever.
Other large urban areas that make huge numbers of racially biased arrests include Atlanta, Baltimore, Buffalo, Cleveland, Dallas–Fort Worth, Detroit, Fort Lauderdale, Houston, Las Vegas, Memphis, Miami, Nashville, Philadelphia, St. Louis, Tampa and Washington, DC. And across the United States, one-third of marijuana arrestees are teenagers; 62 percent are age 24 or younger; and most of them are ordinary high school or college students and young workers.
The essential study of these possession arrests and their pervasive racial bias is The War on Marijuana in Black and White, an extraordinary book-length report released by the ACLU earlier this year. It found that police arrest blacks for marijuana possession at higher rates than whites in poor, middle-class and wealthy communities (with richer counties showing the greatest bias). The glaring racial disparities in marijuana arrests are “as staggering in the Midwest as in the Northeast, in large counties as in small, on city streets as on country roads…. They exist regardless of whether blacks make up 50% or 5% of a county’s overall population.”
Young whites (age 18 to 25), however, use marijuana more than young blacks, and government studies comparing marijuana use among whites and blacks of all ages have found that both groups use it at a similar rate.
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Why are marijuana arrests so racially skewed? Such dramatic and widespread racial disparities are clearly not the product of personal prejudice or racism on the part of individual police officers. This is not a problem of training or supervision or rogue squads or bad apples. It’s a systemic problem, a form of institutional racism created and administered by people at the highest levels of law enforcement and government.
Most people arrested for marijuana possession were not smoking it: they typically had a small amount hidden in their clothing, vehicle or personal effects. The police found the marijuana by stopping and searching them (often illegally), or by tricking them into revealing it.
Police departments concentrate their patrols only in certain neighborhoods, usually ones designated as “high crime.” These are mainly places where low-income whites and people of color live. In these neighborhoods, police stop and search the most vehicles and individuals while looking for “contraband” of any type to make an arrest. The most common item that people in any neighborhood possess that will get them arrested—and the most common item that police find—is a small amount of marijuana.
Police officers patrolling in middle- and upper-middle-class neighborhoods typically do not search the vehicles and pockets of white people, so most well-off whites enjoy a de facto legalization of marijuana possession. Free from the intense surveillance and frequent searches that occur in other neighborhoods, they have little reason to fear a humiliating arrest and incarceration. This produces patterns, as in Chicago, where whites constitute 45 percent of the population but only 5 percent of those arrested for possession.
The result has been called “racism without racists.” No individual officers need harbor racial animosity for the criminal justice system to produce jails and courts filled with black and brown faces. But the absence of hostile intent does not absolve policy-makers and law enforcement officials from responsibility or blame. As federal judge Shira Scheindlin recently determined in two prominent stop-and-frisk cases, New York City’s top officials “adopted an attitude of willful blindness toward statistical evidence of racial disparities in stops and stop outcomes.” She cited the legal doctrine of “deliberate indifference” to describe police and city officials who “willfully ignored overwhelming proof that the policy…is racially discriminatory and therefore violates the United States Constitution.”
Racially biased marijuana enforcement stretches far beyond New York City—and its pernicious effects extend far beyond the degrading experience of being arrested and jailed. Most serious are the lifelong criminal records produced by a single arrest. Twenty years ago, misdemeanor arrest records were papers stored in dusty file cabinets. Now they are computerized and instantly available for $20 or less from commercial database firms—and easily found by a Google search for the phrase “criminal records.” (Try it yourself.) Employers, landlords, schools, banks and credit card companies rule out applicants on the basis of these now universally available records, which have been aptly described as a “scarlet letter” and a “new Jim Crow.” The substantial damage caused by criminal records from the millions of marijuana arrests has also been willfully disregarded by top officials almost everywhere, including in Congress and the White House.