Prohibition rarely succeeds and usually has unintended consequences.
ry. They warn it would give the criminal justice system another reason to target poor and minority communities — and potentially extend policing and incarceration trends that have for generations unduly affected the Black community.
The worry is hardly unfounded. It was the selling of loose cigarettes, after all, that in 2014 led officers in New York City to confront Eric Garner, leading to the chokehold death of the unarmed Black man at the hands of police.
American history has repeatedly shown that prohibiting a popular product does not eliminate demand, often resulting in illegal markets that must be policed. As the American Civil Liberties Union said, “The (menthol) ban implemented by the Biden administration will eventually foster an underground market that is sure to trigger criminal penalties which will disproportionately impact people of color and prioritize criminalization over public and harm reduction.”
American drug and alcohol policy has long been characterized by paternalism, classism and, yes, racism. Marijuana, for example, was made illegal in part because was considered a drug popular with Black and immigrant communities, and those populations subsequently became the enforcement target.
As the ACLU has also noted, Black Americans are still arrested for marijuana offenses at four times the rate of white Americans, even though usage rates are similar. Lawmakers in many states, including New York, have cited such disparities as a reason for decriminalization or legalization.
It is a bit odd that the move to ban menthol cigarettes comes just as communities across New York and elsewhere are welcoming marijuana sales. And it would be bitterly ironic if this new prohibition leads to a new wave of arrests just as the impact of marijuana bans is receding.
Yes, reducing smoking is a good policy aim. Governments have many tools to address the problem. But outright prohibition of popular products is rarely a good idea, given the unintended consequences that usually follow. The Biden administration should rethink the menthol ban.