Are you surprised to learn that the although US government surveys show that young whites are more likely to use marijuana than Latinos and African-Americans, the number of people of color--especially young men-- arrested for  marijuana possession in California is disproportionately high?

According to a new study that the Drug Policy Alliance and the NAACP released this week, arrests for marijuana possession are racially disproportionate in California. A study of the data shows that police in 25 of California's major cities have arrested blacks at four, five, six, seven and even twelve times the rate of whites during  2006 through 2008. 

The arrest numbers for these 25 cities were obtained from the Justice Statistics Center of the California Department of Justice. The arrest and census data were averaged for three years, 2006 through 2008, to show that these racially-skewed or biased arrests were not a one-year fluke, but a consistent pattern extending over several years.

Some of the study findings:

• U.S. government studies consistently find that young blacks use marijuana at lower rates than young whites
• racially-biased marijuana arrests were a system-wide phenomenon, occurring in every county and nearly every police department in California.
• For young, low-income blacks and Latinos – who use marijuana less than young whites, and who already face numerous barriers and hurdles – a criminal record for the "drug crime" of marijuana possession can seriously harm their life chances
• Changing the crime of marijuana possession from a misdemeanor to an infraction does not change the double standard of enforcement.

So why is this happening?

The study argues: "Police departments have "productivity goals" (or quotas) for the summonses and arrests that patrol officers should make. Police departments deploy most patrol and narcotics police to certain neighborhoods, usually designated "high crime." These are disproportionately low-income, and disproportionately African American and Latino. It is in these neighborhoods where the police make most patrols, and where they stop and search the most vehicles and individuals, looking for "contraband" of any type in order to make an arrest. The item that people in any neighborhood are most likely to possess, which can get them arrested, is a small amount of marijuana. In short, the arrests are ethnically- and racially-biased mainly because the police are systematically "fishing" for arrests in only some neighborhoods,and methodically searching only some"fish."

In other words, profiling. Not only of people, but of communities.

Interestingly, the study also reports: "When marijuana possession becomes an infraction, there will be no way for reporters or researchers to find out how many summonses for the infraction of marijuana possession are being given out. Misdemeanor arrest data is available from the California Department Justice, but not data on infractions. Without a change in law or policy, the basic information presented in this report will not be available. In 2012, one year after the infraction goes into effect, nobody will be able to prepare a report like this one showing in each California county and city how many blacks, Latinos, or young people were given summonses and fined under the new law."

Prop 19, anyone?

For more information
Also see Targeting Blacks for Marijuana: Possession Arrests in 25 California Counties." by Harry G. Levine, Jon B. Gettman, and Loren Siegel. Los Angeles: Drug Policy Alliance, June 29, 2010.

Arresting Blacks for Marijuana in California: Possession Arrests, 2006-08