Making the case for legal weed

ACLU cites high numbers for arrests of minorities

Marijuana arrests in Pennsylvania have doubled since 2010, said a report released by the ACLU of Pennsylvania Oct. 16.

Citing limited police resources, black market marijuana sales that preempt more serious crimes, overpopulation of court and prison systems and the disproportionate arrest and prosecution of minorities and people of color, the ACLU called for an end to marijuana prohibition in the Commonwealth.

“Legalization, taxation, and regulation of marijuana is ... the only option,” the report states.

Since 2010, the number of arrests of marijuana users for possession has more than doubled. Citing numbers by the Pennsylva-

nia State Police, the ACLU report indicated there were 2,221 arrests by the PSP in 2010, and 4,612 arrests in 2016.

And while the arrests for the everyday user has skyrocketed, arrests for manufacturing and selling marijuana has not. The report says arrests of adults and juveniles in Pennsylvania for distribution dropped 30 percent between 2010 and 2016.

Looking at Philadelphia, which decriminalized marijuana possession charges in October 2014, implementing a civil offense for possessing less than 30 grams, the city saw a drop in adult marijuana possession arrests by more than 88 percent.

However, outside Philadelphia the numbers spiked, and that’s hitting the state taxpayer in the pocket — more than $225.3 million has been spent statewide on marijuana arrests between 2010 and 2016.

Sen. Daylin Leach, D-17 of Lower Merion, introduced Senate Bill No. 213 in 2017, which called for legalization

of the personal use of marijuana, lawful operation of facilities, regulation and taxation. It’s currently sitting in the Senate Law and Justice Committee.

“This is a win-win-win, there’s no downside to this,” Leach said of legalization. “Certainly it would be good to have the money depending on the budgetary situation, the direct tax revenue, less people in the prison or criminal justice system and people will know what they’re buying.”

“And this (prohibition) policy is decimating the minority community,” Leach said.

Indeed, the disproportion arrests between white and minority communities is jarring, especially considering the 2010 National Survey on Drug Use and Health, which said, “There was no statistically significant difference in the rate of current illicit drug use ... for any of the racial/ethnic groups.”

Montgomery, Delaware and Chester counties were not listed among the highest racial disparity of marijuana arrests, however as three of the most populous counties in the state they still account for a large number of arrests.

Montgomery County, with a population of

808,946, arrested 1,211.3 per 100,000 black adults, compared with 173.4 per 100,000 white adults — a rate of disparity 6.99. Delaware County, population 560,699, arrested 687.8 black adults per 100,000, and 173.4 white adults per 100,000 — a rate of disparity 4.98. Chester County, population 506,190, arrests 1,017.2 black adults, versus, 167.3 white adults per 100,000 — for a rate of disparity 6.08.

Statewide, the disparity between arrests of black and white adults is 8.2 percent, comparable with 6.5 in 2010.

“This is not a new problem, the number of arrests has gone up, which is troubling, but the disparity always been there,” Leach said. “It’s a tragedy that more African American youths are put into the criminal justice system than we put into college.”

A minor marijuana possession charge might, at most, land someone in jail for 30 days and cost them a $500 fine. However, the implications of the charge on a person’s permanent record can eliminate job opportunities and forever complicate a person’s life. Not to mention the vicious cycle — a failure to pay the fine because

of issues finding work could land a person in jail or suffer greater fines.

“It must legalize, tax, and regulate marijuana. Any other solution is inadequate,” the report stressed.

However, Leach is hopeful. He said in confidence that if the Senate were brought to a secret vote, “it

would pass today,” but the “political riskiness” of it has kept the bill in committee.

Franklin and Marshall College conducted a poll on Sept. 13, 2017, that found that 59 percent of votes support the outright legalization of marijuana.

“Even if you think smoking marijuana isn’t what

you want to do, prohibition doesn’t work,” said Leach, referencing the Charles “Lucky” Luciano criminal empire that thrived under alcohol prohibition. “It’s easier for kids to get marijuana than it is to get alcohol, it would be harder for them to get it if it was legalized and regulated.”