BESIDES choosing lawmakers, on November 4th voters in three American states and the District of Columbia considered measures to liberalise the cannabis trade. Alaska and Oregon, where it is legal to provide “medical marijuana” to registered patients, voted to go further and let the drug be sold and taken for recreational purposes, as Colorado and Washington state already allow. In DC, a measure to legalise the possession of small amounts for personal use was passed. A majority of voters in Florida opted to join the lengthening list of places where people can seek a doctor’s note that lets them take the drug. However, the measure fell just short of the 60% needed to change the state constitution. Even so, that such a big state in the conservative South came so close to liberalising shows how America’s attitude to criminalising pot has changed.
The drug war has produced profoundly unequal outcomes across racial groups, manifested through racial discrimination by law enforcement and disproportionate drug war misery suffered by communities of color. Although rates of drug use and selling are comparable across racial lines, people of color are far more likely to be stopped, searched, arrested, prosecuted, convicted and incarcerated for drug law violations than are whites. Higher arrest and incarceration rates for African Americans and Latinos are not reflective of increased prevalence of drug use or sales in these communities, but rather of a law enforcement focus on urban areas, on lower-income communities and on communities of color as well as inequitable treatment by the criminal justice system. We believe that the mass criminalization of people of color, particularly young African American men, is as profound a system of racial control as the Jim Crow laws were in this country until the mid-1960s.
The Drug Policy Alliance is committed to exposing disproportionate arrest rates and the systems that perpetuate them. We work to eliminate policies that result in disproportionate incarceration rates by rolling back harsh mandatory minimum sentences that unfairly affect urban populations and by repealing sentencing disparities. Crack cocaine sentencing presents a particularly egregious case. Since the 1980s, federal penalties for crack were 100 times harsher than those for powder cocaine, with African Americans disproportionately sentenced to much lengthier terms. But, in 2010, DPA played a key role in reducing the crack/powder sentencing disparity from 100:1 to 18:1, and we are committed to passing legislation that would eliminate the disparity entirely.
The life-long penalties and exclusions that follow a drug conviction have created a permanent second-class status for millions of Americans, who may be prohibited from voting, being licensed, accessing public assistance and any number of other activities and opportunities. The drug war’s racist enforcement means that all of these exclusions fall more heavily on people and communities of color. DPA is committed to ending these highly discriminatory policies and to combating the stigma attached to drug use and drug convictions.
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