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The Downside of Getting High

Guest writer: Juan Thompson

Over two years ago Colorado voters passed Amendment 64, which legalized marijuana usage in the state for residents over the age of 21. Since the statute’s implementation in January 2014, arrests for marijuana possession have fallen significantly in the state. But, according to new a study from the Drug Policy Alliance, legalization has not ended the vast racial disparity that sees black people still more likely to be arrested for marijuana crimes.

Marijuana legalization has produced many positive outcomes for Colorado, despite the fear mongering of pot prohibitionists. For example, earlier this month, Colorado disclosed that legalization has already produced over $15 million in tax revenue for the state’s Department of Education. While in January of this year alone, according to the Denver Post, Denver’s public schools garnered $2 million in marijuana taxes— a large increase from the previous year.

There is also good news on the arrest front: since 2010 charges for illegal marijuana possession are down by 90%. In 2010 Colorado saw over 39,000 arrests for possession, but in 2014—the first full year of legalization— that figure dropped to 2,000. Further, arrests for marijuana cultivation are down, while charges for use of synthetic marijuana have also fallen sharply, given that people no longer have to smoke fake weed. But, as is often true with the criminal justice system in this country, black Coloradans continue to be arrested at much higher rates.

“Racial disparities in Colorado marijuana arrests persist and have not substantially changed after the passage of Amendment 64”, the Drug Police Alliance reported. Presently, Coloradans can be arrested for possessing more than once ounce, public usage, and, or, illegally growing the drug. Four years ago, before legalization, white Coloradans had an arrest rate of 335.12 (per 100,000), while their black counterparts, who comprise only 3.9% of the state’s population, posted a rate of 851.45, for marijuana related crimes. That difference meant black people were 2.4 times more likely to be arrested.

Today, following legalization, the rate is remains 2.4, though, again, the overall rate has fallen for both demographic groups, though the disparity is even wider in certain counties. Interestingly, black marijuana growers are more likely to be arrested now than they were before legalization. Latinos, Colorado’s largest non-white ethnic group, were not included in the study because the data company that provided the Drug Policy Alliance chose not to include them.

The study and data only validate what many black residents already know: Colorado police, like police departments across the country, are more likely to target, arrest, and charge black people even while white people are engaged in the same illegal behavior. Art Way, Director of the Colorado Drug Policy Alliance, said in a statement, “Legalization is no panacea for the longtime issues that law enforcement had with the black and brown community.”

We would like to thank Juan for his contribution to Koolforlife.com. We greatly appreciate your perspective and support.