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Report: Racial Disparities in Arrests Persist with Legal Pot

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In this March 6, 2014 file photo, an instructor for a Drug Recognition Expert class, sits near a completed roadside Drug Influence Evaluation sheet on a clipboard, at the Colorado State Patrol Training Academy, in Golden, Colo.  Legalizing marijuana reduces drug arrests but doesn't solve one of the central goals of drug-policy reformers, ending racial disparities in marijuana enforcement. That's according to a new review of Colorado's criminal justice system before and after pot was made legal.  (AP Photo/Brennan Linsley, file)

In this March 6, 2014 file photo, an instructor for a Drug Recognition Expert class, sits near a completed roadside Drug Influence Evaluation sheet on a clipboard, at the Colorado State Patrol Training Academy, in Golden, Colo. Legalizing marijuana reduces drug arrests but doesn’t solve one of the central goals of drug-policy reformers, ending racial disparities in marijuana enforcement. That’s according to a new review of Colorado’s criminal justice system before and after pot was made legal. (AP Photo/Brennan Linsley, file)

KRISTEN WYATT, Associated Press

DENVER (AP) — Not surprisingly, the legalization of marijuana in Colorado has reduced pot arrests, but a newly released study says it doesn’t solve one of the central goals of drug-policy reformers: ending racial disparities in enforcement.

A report from the pro-legalization Drug Policy Alliance released Wednesday showed that marijuana arrests in Colorado all but stopped after voters made the drug legal in small amounts for adults over 21. The report examined drug-related arrests in all 64 Colorado counties for two years before and two years after legalization in 2012.

The total number of charges for pot possession, distribution and cultivation fell almost 95 percent, from about 39,000 in 2010 to just over 2,000 last year.

But the report noted continuing racial inequalities.

Even after legalization, black people were more than twice as likely as white people to be charged with public consumption of marijuana, which remains a crime. Blacks were also much more likely to be charged with illegal cultivation of pot or possession in excess of the state limit, which is an ounce.

“I don’t think young black or brown people are more likely to flout marijuana law than white people,” said Art Way, Colorado director for the Drug Policy Alliance. “Legalization is no panacea for the longtime issues that law enforcement had with the black and brown community.”

The analysis did not break out arrest data for Colorado’s largest ethnic minority, Latinos. That’s because data comes from National Incident-Based Reporting System, which does not tally numbers for Latinos.

The arrest figures speak to broader racial disparities and do not indicate that police officers are targeting people of color for remaining marijuana crimes, said Tom Gorman of the Rocky Mountain High Intensity Drug Trafficking Area program.

“Racial disparities exist in other laws. What does that mean, that homicide law, rape laws, weapon laws are racist? There are other factors going on here that we need to address,” Gorman said.

The news wasn’t all bad.

After legalization, racial disparities did ease somewhat for marijuana distribution charges. Black people accounted for about 22 percent of Colorado distribution arrests in 2010 and about 18 percent of such arrests in 2014.

The arrest data got a mixed response from the regional head of the NAACP.

“The overall decrease in arrests, charges and cases is enormously beneficial to communities of color who bore the brunt of marijuana prohibition prior to (legalization),” Rosemary Harris Lytle said in a statement.

“However, we are concerned with the rise in disparity for the charge of public consumption and challenge law enforcement to ensure this reality is not discriminatory in any manner.”

In 2014, the year Colorado’s recreational marijuana stores opened, black people accounted for 3.9 percent of the population, but they made up 9.2 percent of marijuana possession arrests.

For illegal marijuana cultivation, the disparities didn’t just persist. They got much worse.

In 2010, whites in Colorado were slightly more likely than blacks to be arrested for marijuana cultivation. After legalization, the arrest rate for whites dropped dramatically but ticked up for blacks. In 2014, the arrest rate for blacks was roughly 2.5 times higher.

The Drug Policy Alliance did not conduct a similar arrest analysis in Washington state, which also legalized pot in 2012. But racial disparities appear to have persisted in that state, too.

Last September, Seattle’s elected prosecutor dropped all tickets issued for the public use of marijuana through the first seven months of 2014 because most of them were issued by a single police officer who disagreed with the legal pot law.

About one-third of those tickets were issued to blacks, who make up about 8 percent of Seattle’s population.

Drug-policy activists noted that despite persistent racial disparities, the remaining pot crimes are generally less severe. They described the overall drop in pot crimes as a positive development.

“What is often overlooked concerning marijuana legalization is that it is first and foremost a criminal justice reform,” Denise Maes, Public Policy Director for the ACLU of Colorado, said in a statement.

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Associated Press writer Gene Johnson in Seattle contributed to this report.

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Kristen Wyatt can be reached at http://www.twitter.com/APkristenwyatt.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

#NNPA BlackPress

COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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