Albany Times Union

Prohibitio­n rarely succeeds and usually has unintended consequenc­es.

- To comment: tuletters@timesunion.com

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.

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