ACLU & HRW Call to Decriminalize Drug Use & Possession

ACLU & HRW Call to Decriminalize Drug Use & Possession

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A new report on the devastating harm of policies that criminalize the personal use and possession of drugs finds that in 2015 police booked more people for small-time marijuana charges than for murder, non-negligent manslaughter, rape, robbery and aggravated assault combined. The report also showed African-American adults are more than two-and-a-half times as likely as white adults to be arrested for drug possession despite comparable rates of drug usage.

Human Rights Watch and the ACLU undertook this yearlong investigation into just how failed the law enforcement approach to drug use is. And what we found is, first, that the scale of enforcement is absolutely massive. Every 25 seconds, someone is arrested. That accounts for 1.25 million arrests per year, more arrests, as you said in the opening, than any other crime, three times more than all violent crimes combined, five times more than drug dealing. So, the scale is just absolutely incredible and devastating.

Secondly, we found that the consequences of those arrests and prosecution can be sometimes lifelong, not only for individuals, but also for families. On any given day in the United States, some 140,000 people are behind bars just because they possessed a small amount of drugs for their own personal use, while each day tens of thousands more are cycling through jails and prisons, struggling to make ends meet on probation and parole.

We also found that a conviction for drug possession, often at the felony level, because in 42 states small amount of possession can be a felony offense—we found those convictions can keep individuals, and sometimes, again, entire families, out of public benefits, such as food stamps or Section 8 housing. It can make it hard to get a job, rent a house, next month to vote. And for noncitizens, of course, it can result in deportation.

And then, we also found that the enforcement of these laws is disproportionately impacting communities of color and the poor, without justification, just to drill down there. We know around the country black and white people use drugs at equivalent rates, and yet a black person is two-and-a-half times more likely to be arrested for simple drug possession than a white person. In many states, that ratio is significantly higher. And absolutely no state is at one-to-one. So, a black person is more than five times more likely to be arrested for, again, simple drug possession for personal use than a white person in North Dakota, New York, Minnesota, Montana, Iowa, Vermont. Here in Manhattan, a black person is 11 times more likely to be arrested than a white person. Again, that’s despite equivalent rates of use. So, these are racial disparities. But more importantly, under human rights law, this is racial discrimination.

We would like to thank Democracy Now for the content. Click HERE to view the entire comprehensive article.

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