Small-time marijuana arrests: A feast for the beast

Last month, I had the pleasure of attending the CATO Institute’s “Ending the Global War on Drugs” conference. The event featured a number of prominent scholars and international leaders who spoke about the impact of the U.S.-led drug war, both here and abroad. One of my favorite speakers of the day was Dr. Harry Levine, professor of sociology at Queens College and the Graduate Center of the City University of New York. Dr. Levine has been researching the history and sociology of alcohol and drug policies for thirty years, and most recently has been working on the Marijuana Arrest Research Project, which collects and analyzes data on the immense number of marijuana possession arrests that the NYPD has made since 1996. (It should be noted here that possession of small amounts of marijuana has been decriminalized in the state of New York since 1977 — making it a violation, rather than a crime, so long as the marijuana is not in public view.) According to Levine, in New York City, misdemeanor marijuana possession accounts for more arrests than for any other crime, and because of the recent increase in the number of arrests, “it is appropriate to call this a marijuana arrest epidemic, and to describe what the NYPD has been doing as engaging in a marijuana arrest crusade.”

Dr. Levine’s lecture focused on the how and why of these marijuana possession arrests, explaining the various ways in which such arrests benefit police departments. In sum, police departments are pressured to show productivity, and these kinds of arrests are relatively safe and easy, involving “clean,” high-quality arrestees. Moreover, these arrests provide good training for rookies, deliver overtime pay for cops, allow supervisors to account for their underlings, and act as a net to get as many people into the system as possible, all at a cost borne entirely by the victims — the arrestees.

The federal government, according to Dr. Levine, actively supports these practices through the grant funding it provides to police departments. If departments receive these funds, they must justify how the money is spent, and what better, easier way to do that than with hordes of marijuana possession arrests? In short, this amounts to what LEAP board member (and fellow speaker at the conference) Leigh Maddox described as the “prostitution of the police peacekeeping mission for federal drug arrest dollars.” Dr. Levine suggests changing police productivity measures so as not to include small-time marijuana possession arrests. The punch line, Levine contends, is that rather than ending marijuana prohibition to put an end to marijuana arrests, it’s the inverse – by removing incentives for marijuana arrests we can move closer to ending marijuana prohibition.

But the answer of how to transform this tangled web of power, profit, incentive, and corruption remains unanswered. Sadly, such change is unlikely to be initiated by truth-telling law enforcement officers, or at least, active-duty ones. Last week, the New York Times reported on the consequences faced by two law enforcement officers who dared to express dissent with current drug policies. Both Bryan Gonzalez, a Border Patrol agent in New Mexico, and Joe Miller, a probation officer in Arizona, were fired from their positions — Gonzalez for questioning the war on drugs (specifically, the war on marijuana), Miller for expressing support for the decriminalization of marijuana. Fortunately, organizations like LEAP (Law Enforcement Against Prohibition) provide a forum for current and former members of law enforcement to express their frustrations with the harms and futility of our present drug policies and to support a system of drug regulation rather than prohibition. Unfortunately, many active-duty law enforcement members are reluctant or unwilling to speak out, and with good reason, in light of the sanctions faced by Gonzalez and Miller noted above.

On a positive note, the Wall Street Journal reported yesterday that low-level marijuana possession arrests have fallen 13 percent in New York City since a September directive issued from Police Commissioner Raymond Kelly cautioning officers to lay off the wrongful arrests of those possessing a small amount of marijuana concealed from public view. Hey … at least it’s something.

 

 

 

 

 

 

 

 

December 8, 2011   8 Comments

Hawaii Looks to Expand Medical Marijuana Program

Medical marijuana patients in the Aloha State could be looking at major improvements to their ability to access their medicine. Last week, two proposals were introduced in the state legislature to augment the 10-year-old law.

Sen. Will Espero proposed a bill that would increase the number of plants a patient can personally grow from four to 10. Patients would also be able to designate a caregiver to grow the same amount of plants instead, and each caregiver would be able to take on up to four patients. This bill would also keep patients’ names and grow site locations private, and would allow a person with a qualifying condition to get a medical marijuana recommendation from a doctor other than his or her primary care physician.

A bill that would set up state-licenced compassion centers was also introduced by Sen. J. Kalani English. While the licensing fees and taxes for these businesses would be large, this proposal would be the first of its kind to allow dispensaries to provide marijuana to non-Hawaii residents who are legal medical marijuana patients in their home states.

Of course, the police are fighting this tooth and nail, and are trotting out the same old predictable arguments. According to Sen. Espero, Hawaii lawmakers aren’t buying it anymore. And neither is the new governor.

January 25, 2011   13 Comments

VIDEO: Utah Man Killed in Outrageous Police Raid

UPDATED: Shocking. That’s the only word that comes to mind when seeing the video of Todd Blair, 45, gunned down by armed police storming his home on a no-knock raid in Utah last September. Blair, no doubt surprised by the sound of yelling and having his door kicked in, emerges from an interior doorway holding a golf club over his head. Before Blair can react, Sgt. Troy Burnett shoots him three times and Blair slumps to the floor dead.

No “drop the weapon,” no “get down on the ground,” just bang!, bang!, bang! It’s a chilling scene that’s over before it started, and all the police found was a small amount of marijuana and an empty vial alleged to have contained other drugs.

This type of raid won’t come as a surprise to regular readers of our blog, of course. We see these stories all the time because they’re playing out every day in this country at an alarming rate. Lives are ruined and lost, and for what? A few grams of marijuana? It’s just another—albiet outrageous—example of how prohibition has failed as a policy at every conceivable turn. If videos like this aren’t a sure sign that it’s time to end marijuana prohibition and adopt sensible polices like taxation and regulation, then I’m not sure what is. (originally written by John Berry, with updates by Dusty Trice)

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January 20, 2011   99 Comments

How Prop 19 Would Heal Community Relations with Police

Check out this great video from LEAP, in which executive director Neill Franklin explains how prohibition has destroyed the relationship between law enforcement officers and the communities they police. “When I talk to young people, they say the only reason you come into our neighborhood is to search us for drugs,” says Franklin, a 33-year law enforcement veteran. “I want us — cops — to be the ones that kids can come up to in the streets when they have an issue or a problem. Not run in the other direction.”

September 29, 2010   20 Comments

Looking for Crime in All the Wrong Places

We’ve all heard the rhetoric, trotted out again and again by law enforcement and paranoid city officials, that dispensaries and other marijuana facilities cause crime wherever they are. They focus on a horror story and blame the dispensary regardless of the facts at hand. They point to media coverage of similar incidents and say that all dispensaries are blights on the community.

Now, the media and the authorities are very good at using scare tactics, but what they consistently lack are statistical data to support their claims. This is because there is no such data.

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September 16, 2010   20 Comments