Page 1
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on September 26, 2023, at 6:30 p.m. with Council
President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr.
Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler (left at 7:58 p.m.).
Mayor Christiansen was also present. Civilian members present for their Committee meetings
were Mr. Iriowen, and Mr. Pugh (Utility), Mr. Shevock (via WebEx), Ms. Smith (via WebEx)
(Legislative, Finance, and Administration).
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Sudler and unanimously
carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously
carried.
Customer Advance Agreement for Supply of Natural Gas Services at Garrison Oak Business
Park (David S. Hugg III, City Manager)
Mr. David S. Hugg III, City Manager reviewed the background and analysis of the Customer
Advance Agreement for Supply of Natural Gas services at Garrison Oak Business Park.
Staff recommended authorizing the City Manager to complete negotiations and execute the
Customer Advance Agreement to facilitate the timely installation of gas services throughout the
park.
Responding to Mr. Sudler, Mr. Hugg stated that the wholesale market for natural gas has stabilized,
and the numbers presented are based on Chesapeake’s current costs. The project is estimated to be
done in ninety days.
Responding to Mr. Neil, Mr. Hugg stated that by the end of the year, only two lots should be
available.
Responding to Mr. Iriowen, Mr. Hugg stated that the city owned ten lots in the Garrison Oak
Business Park. Three of the lots were sold, and settled and the city has received the funds for them.
They are a bakery, a cold storage facility, and a recycling facility. The other lots, except four and
nine, are still open for sale. With the proposed agreement, Chesapeake will build the natural gas
system rather than wait for the lots to be developed, and as customers hook up to the system the
city will get a refund based on their usage.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 2
Mr. Neil moved to recommend approval of the staff’s recommendation. The motion was
seconded by Mr. Boggerty and unanimously carried.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objections
the meeting adjourned at 6:39 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Disposal of Fifteen Excess Properties (David S. Hugg III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the
Disposal of Fifteen Excess Properties.
Staff recommended approval of the disposition of the properties as outlined.
Responding to Ms. Arndt, Mr. Hugg stated that all of the properties have gone through the various
departments to make sure that there are no easements, or that the city has not acquired the property
for some special reason. Mr. Hugg stated that he would confirm any restrictions before bringing
the final packet back to council.
Responding to Ms. Arndt, Mr. Hugg stated that his recommendation would be to put the properties
out at fair market value and council set a minimum price.
Ms. Arndt stated that for a property that could be developed, she would recommend that it be
offered at fair market value for a better return for the city.
Responding to Mr. Sudler, Mr. Hugg stated that many of the properties were obtained through a
monition sale or sheriff’s sale, which transfers a fee simple deed, and the city does not go back
and do a deed search. Also, the city is certifying that they can deliver a fee simple title, but the
burden is on the buyer to satisfy a deed search if they wish to.
Responding to Mr. Sudler, Mr. Hugg stated that he has spoken with a few folks associated with
Code Purple and other organizations, and anyone who has an interest in any of the properties can
contact him for more information. Mr. Hugg explained city council has the authority to gift the
properties since they are city assets and if council made a motion, he could honor that, otherwise,
they can bid in the open market.
Responding to Mr. Shevock, Mr. Hugg stated that the only person who could gain access to the
landlocked properties would be the person who acquired the property. Mr. Hugg also stated that
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 3
the property on College Road is surplus that was acquired as part of a utility easement and there is
no right of way.
Ceci Hoffman, 101 S. New Street, Dover, stated that she was doing research for the Pastor of Holy
Trinity Church, and they would like to obtain property behind and on the side of the church. Ms.
Hoffman stated that they could use the property to build a fence because they had the utilities on
the side of the building destroyed.
Pastor Sheila Lomax, 101 S. New Street, Dover, stated that she is a new Pastor at Holy Trinity
Church and the church used to own the property beside them but somehow, they lost it. Pastor
Lomax asked since they are a nonprofit if there was a way that the city could help them obtain that
property. Pastor Lomax also stated that they would like to do an outreach program for the homeless
and the kids in the area.
Mr. Boggerty stated that he had reached out to a pastor from the church several months earlier and
was never able to get in contact with them. Mr. Boggerty stated that he wants to help but that no
action has been taken by the church, and it continues to be a blighted area of the city. Mr. Boggerty
stated that he would like to see the church address the present issues and explained that there are
funding opportunities as a nonprofit that are available to help them. Mr. Boggerty stated he is
willing to help them in any way that they see fit.
Pastor Leroy Bradshaw, 101 S. New Street, Dover, stated that they are trying to build a relationship
with the people and build up the community. Pastor Bradshaw asked that council reconsider their
decision as they are trying to help people physically and spiritually.
Mr. Sudler expressed his support for the Holy Trinity Church representatives and stated that he is
available to assist them in any way he can. Mr. Sudler also stated that they must put forth the
necessary steps to do their part so that he can advocate for them.
Michael Pugh, 31 Ann Avenue, Dover, stated that he would like the opportunity to bid on some of
the properties and he believes that the community should be allowed to bid on them as well.
Sue Harris, 241 Pine Street, Dover, stated that Code Purple is interested in the properties and will
be reaching out to see if any of them fit their mission. Ms. Harris also stated that as the director of
The People’s Community Center at People’s Church, they need other facilities to help the
homeless. Ms. Harris stated that they are the only church that provides hot meals, a clothing closet,
and a food pantry. Ms. Harris also stated that they need facilities to provide housing solutions so
that the cycle can be broken.
Mr. Hugg stated that he would like to recommend that council invite nonprofits to officially request
any properties they might be interested in.
Mr. Neil moved to refer the Disposal of Fifteen Excess Properties back to staff to include that
staff recommendations include inviting nonprofits to express interest in any properties that
are going to be disposed of. The motion was seconded by Mr. Sudler and unanimously
carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 4
FY23 Edward Byrne Justice Assistance Grant Program – Joint Grant with Smyrna Police
Department and Kent County (Thomas Johnson, Dover Police Chief)
Mr. Thomas Johnson, Dover Police Chief, reviewed the background and analysis regarding the
FY23 Edward Byrne Justice Assistance Grant Program.
Staff recommended approval of the grant application.
Mr. Sudler moved to recommend approval of the staff’s recommendation. The motion was
seconded by Mr. Hare and unanimously carried.
Discussion and Next Steps of Delaware House Bill 2 – Delaware Marijuana Control Act
(David S. Hugg III, City Manager, and Mary Ellen Gray, Planning and Community
Development Director)
Mr. David S. Hugg, III, City Manager, and Ms. Mary Ellen Gray, Planning and Community
Development Director, reviewed the background and analysis regarding the Delaware House Bill
2 – Delaware Marijuana Control Act.
Committee Action Not Required.
Responding to Mr. Lewis, Ms. Gray stated that there is only one medical dispensary, and that is
Best Buds on Jefferic Boulevard.
Responding to Mr. Lewis, Ms. Gray stated that the medical marijuana facilities are regulated under
a separate act and regulations that went into effect in 2001. She stated that it is her understanding
that the bill states that a medical marijuana facility can apply for a retail license however, they
would then have to comply with both sets of regulations.
Responding to Mr. Sudler, Ms. Gray stated that in her conversations with other municipalities,
there is a general consensus that they are going out of the state to conduct research on what other
municipalities have done in regard to the Marijuana Control Act. The Marijuana Control Act has
a fifteen percent tax that goes straight to the state, and the city has the ability to add an additional
tax. The city can add an additional tax, much like the lodging tax, which would be her
recommendation. Ms. Gray also stated that the only restrictions that she has seen so far are similar
to those of adult entertainment. No facilities can be within a certain number of feet of schools or
churches, and the Control Act prohibits hours during certain holidays.
Responding to Mr. Neil, Chief Johnson stated that typical things that law enforcement has seen as
a consequence of the industry is an uptick in traffic injuries and fatalities related to intoxication.
Any DUI association can show research about how alcohol and marijuana, when used at the same
time, can act like an accelerant for one another and it is showing up in crash statistics after
legalization. Chief Johnson stated that the second thing seen is burglaries of the marijuana
businesses by the illegal trade to get the same product offered for sale legally. Chief Johnson also
stated that groups that import marijuana to an area will adjust their prices to be competitive against
the lawful market.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 5
Ms. Smith stated that she feels the city must be responsible and make marijuana less accessible as
it may lead to addiction and mental health problems. Ms. Smith stated that she agrees with
Councilman Sudler and that there is a need for some statistical data to support the pros and cons
of regulations.
Responding to Mr. Boggerty, Ms. Gray stated that the state has not come up with their regulations
and there may be some security measures that they will require, however, the city could require
additional security measures as a condition.
Mr. Sudler stated that he is in support of the retail dispensary because it would limit the use of
marijuana, which then runs the risk of it being laced with fentanyl.
Ms. Arndt asked Ms. Gray to please provide council with background information on what zones
in the zoning code might be appropriate for the four types; growing, processing, testing, and
selling, as well as a list of what conditions council may want to consider imposing on those uses.
Dina Vendetti, CDCC President, 435 North Dupont Highway, read a letter of support for the ban
of all recreational marijuana establishments (Attachment #1).
Responding to Mr. Sudler, Ms. Vendetti stated that she agrees with him and that the decisions need
to be data-driven, and things are very much in line with what the chief mentioned. Ms. Vendetti
also stated that there are more conversations that need to happen, and there is research that needs
to be done.
Responding to Mr. Boggerty, Ms. Vendetti stated that their prohibition is not for the use of
recreational marijuana, it is for the manufacturing and sale. Ms. Vendetti also stated that the beach
towns recognized that there was a potential for revenue, however, they asked themselves at what
cost.
Zoe Patchell, 218 N. State Street, Dover, stated that she is in attendance as a Dover resident, and
would like council to oppose the ban on legal cannabis businesses within city limits. Ms. Patchell
asked that council enact responsible and reasonable zoning ordinances as education and regulation
is the best approach to the issue of regulating cannabis. Ms. Patchell explained that allowing
cannabis business in Dover will help keep Dover competitive and create economic development
for the city. Ms. Patchell stated that allowing the businesses will create well-paying employment
opportunities, decrease the unemployment rate, which is higher in Dover than the rest of the state,
and promote public safety. Ms. Patchell explained that research does show the areas surrounding
cannabis businesses are safer on average due to the businesses employing a higher degree of
security and surveillance. Ms. Patchell stated that a Rutgers University study shows that there is
an average of 1.6% home price increase in municipalities that have allowed cannabis-related
businesses.
Nicole Chick, Puffster, 115 W. Loockerman Street, Dover, expressed her opposition to the ban of
all recreational marijuana establishments within the city. Ms. Chick stated that marijuana is an all-
natural medicine and plant that should be available to everyone. Ms. Chick expressed that small
businesses like Puffster would benefit from becoming retail marijuana stores.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 6
Lizzie Golob, 20476 Asheville Drive, Millsboro, expressed her opposition to the ban of all
recreational marijuana establishments within the city. Ms. Golob stated that she was prescribed
multiple opiate medications for chronic pain after a car accident, and because of the cannabis plant,
she has now been opiate-free for seven years. Ms. Golob stated that cannabis has helped her with
things such as fibromyalgia, PTSD, and anxiety. Ms. Golob expressed that the human body has an
endocannabinoid system, and when cannabis is consumed it helps regulate several functions of the
body.
Amber Ember, Puffster, 115 W. Loockerman Street, Dover, expressed her opposition to the ban
of all recreational marijuana establishments within the city. Ms. Ember stated that Delaware House
Bill 2 allows only thirty licenses to be awarded statewide, and approximately ten per county. Ms.
Ember stated that the application process is very strict, requires a down payment, and that there
can only be one recreational store allowed within one mile of each other. Ms. Ember stated that
they will be using a competitive scoring process ranking applicants’ safety, security, expertise, and
work environment, and revoking any licenses from stores that are not meeting the standards. Ms.
Ember stated that Puffsters is a clean store with friendly associates who support local artists in
Dover. Ms. Ember also stated that Puffsters pays to test their hemp products to ensure customers
are receiving a safe and quality product and that they would like the opportunity to become a
recreational dispensary.
Vonderlear Smack, ACLU Campaign Manager, 1001 Whiteoak Road, Dover, read a letter of
opposition to the ban of all recreational marijuana establishments (Attachment #2). Ms. Smack
also briefed council on the ACLU’s 2018 research report entitled “The Tale of Two Countries:
Racially Targeted Arrests in the Era of Marijuana Reform” (Attachment #3).
Jared Stalnaker, Wyoming, expressed his opposition to the ban of all recreational marijuana
establishments within the city. Mr. Stalnaker stated that a large scope of Dover’s economic
business comes from the Dover NASCAR races and Firefly Festival, and they do not bring in the
revenue that they used to. Mr. Stalnaker stated that the Dover economy should not be dependent
on outside businesses, and Dover needs economic independence and that this would be a step
forward in that direction.
Benita Rufus Gassi, 208 E. Sewell Street, Felton, expressed her opposition to the ban of all
recreational marijuana establishments within the city. Ms. Gassi stated that cannabis helps people
like herself handle adversity and anxiety and she hopes council votes to allow the establishments.
Tom Donovan, 337 N. Bradford Street, Dover, expressed his opposition to the ban of all
recreational marijuana establishments within the city. Mr. Donovan stated that he is a Delaware
attorney as well as a founding member of DelawareCAN. Mr. Donovan stated that it is important
that Dover has the conversation to consider good regulations and a good plan moving forward. Mr.
Donovan expressed how important it is that adults are allowed to make responsible decisions. Mr.
Donovan also stated that council needs to provide the regulations that provide business to the
community and move forward and show everyone else how to do it.
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COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 7
Heather Campbell expressed her opposition to the ban of all recreational marijuana establishments
within the city. Ms. Campbell stated that fentanyl is a synthetic opioid that is similar to morphine,
but much stronger and more potent. Fentanyl is approved for medical use as a painkiller but is also
obtained illegally and sold as a street drug. Ms. Campbell stated that fentanyl-laced marijuana is a
growing danger as it is untraceable. Ms. Campbell expressed that the number of fentanyl overdoses
will continue to climb without recreational marijuana stores.
Jene Duffy, 126 Starlight Drive, Milton, expressed her opposition to the ban of all recreational
marijuana establishments within the city. Ms. Duffy stated that she is a cannabis nurse and
consultant and that she educates clients on the benefits, use, and storage of cannabis. Ms. Duffy
stated that many of her clients have expressed the benefits of cannabis usage, however, it is very
expensive. Ms. Duffy stated that they should be able to obtain safe cannabis legally and the more
available it is, the price will be driven down, and more jobs can be created.
Adam Windett, 218 N. State Street, Dover, expressed his opposition to the ban of all recreational
marijuana establishments within the city. Mr. Windett stated he has extensive knowledge of illicit
drug markets due to his role as a criminal defense attorney. Mr. Windett expressed that without a
doubt cannabis cultivation, production, and sales will occur in every town in Delaware when the
markets open next November. Mr. Windett stated that localities that choose to regulate the
marketplace will allow the transactions to take place in a safe market, and products will be tested
to ensure that they are safe for consumption and free from contaminants. Laws will prevent sales
to minors, market disputes will be decided in courts of law, and business owners will create good-
paying jobs and contribute to local and state taxes. Mr. Windett stated that localities that choose
to ban the industry will still have the transactions occur as they are today, in neighborhoods, on
street corners, with no safeguards to protect consumers, no ID checks to prevent sales to minors,
with untested and unregulated products, with the proceeds of sales flowing into some gangs and
criminal organizations. Mr. Windett stated that Denver is a good example of an industry that has
flourished from dispensaries.
Zach Hosm expressed his opposition to the ban of all recreational marijuana establishments within
the city. Mr. Hosm stated that alcohol is a far more addictive drug than marijuana and has greatly
affected his family. Mr. Hosm stated that no matter how much marijuana someone smokes there
have been no reports of a fatal overdose, unlike alcohol.
Adam Rinaldi, 128 Carnation Drive, Magnolia, expressed his opposition to the ban of all
recreational marijuana establishments within the city. Mr. Rinaldi stated that the ban will not solve
the issues that people believe it will.
Ruth Bertrand, 99 Central Church Road, Dover, expressed her opposition to the ban of all
recreational marijuana establishments within the city.
Crystal Hamilton, Felton, expressed her opposition to the ban of all recreational marijuana
establishments within the city. Ms. Hamilton stated that she is a veteran who has sustained multiple
head injuries and suffers from PTSD. Ms. Hamilton expressed how the use of marijuana has greatly
impacted her life. Ms. Hamilton stated that many of the migraine medications prescribed by
Page 8
COUNCIL COMMITTEE OF THE WHOLE MEETING SEPTEMBER 26, 2023 PAGE 8
Veteran Affairs make you physically sick, you lose interest in eating, and can even suffer from
suicidal ideation.
Layla Fogerty expressed her opposition to the ban of all recreational marijuana establishments
within the city. Ms. Fogerty stated that she suffers from chronic gastritis and anxiety. Ms. Fogerty
stated that her chronic gastritis does not meet the requirements for a medical marijuana card, and
it is very expensive to keep the medical cards up to date. Ms. Fogerty asked council to keep her
and chronic pain sufferers in mind when making their decisions as she does not want to purchase
unsafe cannabis.
Caryn Rodriguez expressed her opposition to the ban of all recreational marijuana establishments
within the city.
Assistant City Clerk Rivera read Attachment #4 – Ellen Richardson – Email of Opposition.
Makayla expressed her opposition to the ban of all recreational marijuana establishments within
the city. Makayla stated that banning these establishments would cause a loss of revenue. Makayla
stated that Dover should not consider the ban on these establishments but rather show support so
that other cities will follow the lead and not consider senseless bans themselves.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objections the meeting adjourned at 9:03 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing
no objection the meeting adjourned at 9:03 p.m.
William F. Hare
Council President
Attachments
Attachment #1 - Dina Vendetti, CDCC President - Letter of Support
Attachment #2 - Vonderlear Smack, ACLU Campaign Manager - Letter of Opposition
Attachment #3 - ACLU’s 2018 Research Report “The Tale of Two Countries: Racially Targeted
Arrests in the Era of Marijuana Reform”
Attachment #4 - Ellen Richardson - Email of Opposition
Page 9
ATTACHMENT #1
Council Committee of the Whole Meeting of 09/26/2023
tCdCCJ
Central Delaware
Chamber of Commerce
Tuesday, September 26, 2023
Chair
Dana F. Wattay
First Vice Chair
City Hall
Konrad LaPrade 15 Loockerman Plaza
Vice Chair Dover, DE 19901
Economic Development
Javier Santana
Vice Chair
Attn.: Mayor Robin R. Christiansen and Members ofthe City Council
Organizational Development
Jesse C. Keleher
Dear Mayor Christiansen and Members of the City Council,
Vice Chair Community Affairs
Dr. Cornelia Johnson
I am writing to you today on behalf of the Central Delaware Chamber of Commerce to share
Vice Chair Legislative Affairs
C. Scott Kidner with you our grave concerns regarding the potential retail sale, distribution, manufacturing,
Vice Chair Military Affairs
and/or wholesale of marijuana within the city limits of Dover.
Evans Armantrading, Jr.
Treasurer We believe that it is a great privilege to be afforded the opportunity to live, work, and play here
Richard A. Mohnk
in the Capital City of America's First State. We are proud of our heritage, and we are excited
Vice Chair Smyrna/Clayton about our future here in Central Delaware.
Lincoln D. Willis
Past Chair
Brian J. Stetina
The CDCC has been honored to partner with you, the Downtown Dover Partnership, and other
entities to bring revitalization to our beloved Downtown. As you well know, this has been a
Directors
Kim I. Adams tremendous effort, but well worth it, knowing that small businesses and new residents will
H. Scott Connell
Denee J. Crumrine
fr~'$fe, -:p'l-opeser and our Downtown will thrive in the wake of the plans and projects that are just
Travis Frey beginning. Our Governor and members of his staff have also seen - and caught - the vision of
Laura A. Garotoli
Dean E. Holden what our Downtown can look like - and they have promised to provide significant support for a
Timothy R. Horne re-imagined Capital City.
Kevin D. Mills
Nicholas J. Polcino, Jr.
Charmaine A. Whyte
We are working toward a walkable, safe, and exciting place for business, all supported by new
Honorary Board Members
Colonel William C. McDonald
housing opportunities for young people and new families. Without people living and working in
Hon. George Jody Sweeney our center core, the dynamism we are so aggressively seeking will not work. We are already
beginning to see the negative effect that the legalization of marijuana has had on some of our
President
Dina C. Vendetti, Ed.D.
Downtown businesses as the smell has prevented customers from coming and has actually
invaded and affected merchandise inside some of the shops. We firmly believe that the sale of
Staff
Cleo D. Bell a recreational drug, coupled with the consumption of said drug will be as great a deterrent to
Cristal R Brenneman, 10M
Cindy A. Friese
"walking" Downtown as our current homelessness and perceived parking issues.
Martha L. Lehman
Jenniter L. Sutter
Our Chamber is well known as an avid supporter of all businesses, and we strive to create a
regulatory and legal environment that benefits our members regardless of their line of work or
profession. We work diligently to provide opportunities for competition and a dynamic
business environment for our members and all citizens of Central Delaware. It is frankly
unusual for us to speak against the opening of a business. But when we weigh the negative
effect that a recreational marijuana business can have on the other businesses in the area and
the overall culture of what we are trying to build, it is too heavy a burden to bear.
"The (DCC - 7'1{L essf'l1/io/ reSOl/rce ./0 r / Ii e cIf' \. e /0 pili ell/ of bllsinesses ill C el1/rat De/wl'{lre"
435 N. Dupont Highway, Dover, Delaware 19901
302.734.7513 info@cdcc.net
Page 10
Given the significant, and in our opinion, damaging impact that recreational marijuana has had on other
urban centers of various sizes, we ask you to ban any businesses that operate within the recreational
marijuana business space.
The future for the Capital City of America's First State is very bright. We have worked together to
change our direction in a way that makes us more inviting, livable, and safe. It is our job to eliminate the
potential for Dover to experience what so many other cities have seen when they've opened their
streets to the sale of recreational drugs.
We implore you to follow the example of Rehoboth, Dewey, and Bethany and ban all recreational
marijuana establishments.
Thank you for your consideration of this matter and for making decisions that result in a cleaner, safer,
more vibrant city.
Dr. Dina Carol Vendetti
President
Page 11
ATTACHMENT #2
Council Committee of the Whole Meeting of 09/26/2023
Good evening Council and Members of the committee. My name is Vonda Smack, Campaign
Manager at the ACLU of Delaware.
Banning legal cannabis businesses makes communities less safe. Data shows that bans of
legal sales do not stop people from buying or using cannabis; it only moves sales from the
carefully regulated, legal cannabis market into a less-safe illicit market. If Dover is concerned
about the safety and well-being of its residents, it should embrace the economic opportunity
offered by the state's new legal and safe cannabis industry.
History shows - prohibition doesn't work. History also demonstrates the harm that cannabis laws
inflicted upon Black and Brown people. These laws have unjustly criminalized our communities,
wasted taxpayer money, and fueled the mass incarceration crisis. Today, Black people are still
more likely to be arrested for cannabis possession than white people in every state, including
those that have legalized marijuana.
Did you know that Delaware was ranked 15th in the nation for largest racial disparities in arrests
for cannabis possession? This issue is even greater in the Dover-area. ACLU's 2018 report
entitled "The Tales of Two Countries" Racially Targeted Arrest in the Era of Marijuana Reform
found thatKent County has the largest racial disparities in the state, with Black people 5.38x
times more likely to be arrested for cannabis possession than their white neighbors. A ban on
cannabis businesses will only exacerbate these disparities, moving us further away from racial
justice instead of towards it.
Now let's look at this from another angle: "Dover Strong" is the motto for this city, right? Legal
cannabis businesses create a variety of well-paying employment opportunities in a host of
fields, especially for local residents within city limits. These new jobs stimulate the local
economy; more jobs in the city of Dover means more money being spent in Dover and fewer
adverse collateral consequences associated with high unemployment. "Dover Strong"
Lastly, cities that permit legal cannabis businesses will generate business licensing fees and
property taxes for local municipalities and directly, financially benefit from these legal
businesses. Towns that prohibit legal businesses send that revenue stream out of town or back
to the illicit market. Let's not pass up on this opportunity to make Dover even stronger in both
equity and economy.
Thank you for your time.
Page 12
ATTACHMENT #3
Council Committe of the Whole Meeting of 09/26/2023
Page 14
ACLU RESEARCH REPORT
A Tale of Two Countries
Racially Targeted Arrests in the Era of Marijuana Reform
© 2020 AMERICAN CIVIL LIBERTIES UNION
Page 15
Acknowledgem nts
The report has been a project of the American Civil r commendations, and Lucia Tian, Chief Analytics
Liberties Union (ACLU). The report was developed Orcer, for her edits and strategic guidance on data
by Ezekiel Edwards, Director, Criminal Law Reform a alysis and methods. We are also very grateful to
Project; content was led by Brooke Madubuonwu, Jeff Robinson, Director, Trone Center for Justice and
Director of Legal Analytics and Quantitative E uality; ReNika Moore, Director, Racial Justice
Research; and the report was overseen and managed P oject; and Carl Takei, Senior Staff Attorney, Trone
by Emily Greytak, Director of Research. Data enter for Justice and Equality, for their edits and
collection, analysis, and visualization was conducted £ edback.
by ACLU Analytics.
T~e authors also thank Brandon Cox,
The primary authors are Ezekiel Edwards, Director, dommunications Strategist, for his assistance. We
Criminal Law Reform Project; Emily Greytak, a e grateful for the support from ACLU colleagues
Director of Research; Brooke Madubuonwu, Director S ndra Goldschein, Deputy Director and Director of
of Legal Analytics and Quantitative Research; ogram and Strategy of the Affiliate Support and
Thania Sanchez, Senior Social Scientist; Sophie ationwide Initiatives Department; Danielle Silber,
Beiers, Data Journalist; Charlotte Resing, Policy irector of Strategic Partnerships; and Leila Rafei,
Analyst, National Political Advocacy Department; ontent Strategist.
Paige Fernandez, Policing Policy Advisor, National
he authors also thank ACLU affiliates for their
Political Advocacy Department; and Sagiv Galai,
invaluable feedback on the development of the
Paralegal, Criminal Law Reform Project.
r port. We extend specific thanks to Michael Perloff
The authors thank Rebecca McCray, Editor, for ahd Scott Michelman at the ACLU of the District of
her editorial assistance; Kadiesha Weise, Legal olumbia for their efforts to obtain data from the
Administrative Assistant, for her assistance .C. Metropolitan Police Department; Daniel Tilley
reviewing research; Alex Yurcaba, Data Analyst, for the ACLU of Florida for his efforts to obtain data
his assistance analyzing data; interns Sarah Sakha, f om the Florida Department of Law Enforcement;
Catherine Peng, Priya Pai, and Lindsey Feingold for d Michelle Shames at the New York Civil Liberties
their assistance in research and analysis; and Neil nion for her help obtaining data from the New York
Shovelin, Creative Director, for his guidance with I ity Police Department.
visual design.
Graphic design for this report was provided by
I
We appreciate Udi Ofer, Director, Justice Division, .atrick Moroney.
for his edits and strategic guidance on content and
Page 16
Contents
Executive Summary.. . . . 4
Key Findings 7
Introduction 10
Methodology and Limitations . . 15
Marijuana Arrests .. .... 21
The National Landscape .21
State and County Landscape 22
States That Legalized or Decriminalized Marijuana Possession 23
Racial Disparities in Marijuana Arrests 28
The National Landscape ............................................................... 29
State and County Landscape............ . .. 30
States That Legalized or Decriminalized Marijuana Possession . . 34
Conclusion . . 37
Recommendations . . 39
Federal, State, and Local Governments 40
Law Enforcement Agencies .......................................................................................... 43
State Profiles ................48
Appendices . ......98
Endnotes 102
Page 17
Executive Sum ary
In 2013, the ACLU published an INDING#1
unprecedented national report on marijuana he War on Marijuana Rages on:
possession arrests, The War on Marijuana arijuana Arrests Still Widespread
cross the U.S.
in Black and White, 1 analyzing data from
an 50 states (and the District of Columbia)
between 2001 and 2010. Over that time INDING#2
period, law enforcement made millions of xtreme Racial Disparities in
marijuana arrests, the vast majority of which arijuana Possession Arrests
were for possession, and Black people2 were ~ersist Throughout the Country,
nd Have Not Improved Since 2010
much more likely to be arrested than white
people for marijuana possession despite
comparable usage rates. This report updates INDING#3
our previous findings through an analysis of arijuana Arrests Decreased after
marijuana possession arrests and attendant egalization or Decriminalization
racial disparities from 2010 to 2018, and
provides specific analysis on states that have
INDING#4
approved legalization and decriminalization
acial Disparities in Arrests Persist
laws. The report relies on the Federal Bureau
ven in States That Legalized or
of Investigation's Uniform Crime Reporting ecriminalized Marijuana
Program (UCR), supplementary data from
jurisdictions not included in UCR, and
the United States Census' annual county INDING#5
population estimates to document arrest ata Collection Failures Block a
uller Understanding of Racial
rates per 100,000 for marijuana possession,
isparities in Marijuana Arrests
by race, at the state and county level. 3
4 ACLU Research Report
Page 18
Disturbingly, too much has remained unchanged legalized and went down modestly in states that had
in the past decade despite several states having decriminalized. Consistent with our previous report,
reformed marijuana policy. While marijuana the majority of marijuana arrests - nine out of every
arrests were down by 18%overall since 2010, law 10- were for possession.
enforcement still made more than 6.1 million such
Equally as troubling, this report finds that stark
arrests over the past eight years. In 2018, there were
racial disparities in marijuana possession arrests
almost 700,000 marijuana arrests, which accounted
for more than 43%of all drug arrests. In fact, in have remained unchanged nationwide. On average, a
2018, police made more marijuana arrests than Black person is 3.64 times more likely to be arrested
for all violent crimes combined, according to the for marijuana possession than a white person, even
FBI. Further, it is not clear that marijuana arrests though Black and white people use marijuana at
are trending down-they have actually risen in the similar rates. Just as before, such racial disparities
past few years, with almost 100,000 more arrests in marijuana possession arrests exist across the
in 2018 than 2015. This rise in marijuana arrests country, in every state, in counties large and small,
has been driven by states in which marijuana is still urban and rural, wealthy and poor, and with large
illegal, whereas between 2010 and 2018, marijuana and small Black populations. Indeed, in every
arrests were significantly lower in states that had state and in over 95%of counties with more than
Recommendations at a Glance
For Federal, State, and Local For Law Enforcement Agencies
Governments • End the enforcement of marijuana
· Legalize marijuana use and possession possession and distribution
• Do not replace marijuana prohibition • End racial profiling by police
with a system of fines, fees, and arrests
· Eliminate consent searches
• Grant clemency to or resentence anyone
incarcerated on a marijuana conviction • End the practice of using raw numbers of
and expunge all marijuana convictions stops, citations, summons, and arrests as a
metric to measure productivity and efficacy
• Eliminate collateral consequences
that result from marijuana arrests or · Develop systems for the routine collection of
convictions accurate data on a range of police practices
• Ensure new legal markets benefit and are • Invest in nonpunitive programs and
accessible to communities most harmed community-based services and divest from
by the War on Drugs law enforcement
Ensure marijuana possession and · Develop, secure, and implement strong,
other low-level offense arrests are not independent, and effective oversight
included in performance measures for mechanisms for local law enforcement
federal funding
A Tale of Two Countries: RaCially Targeted Arrests in the Era of Marijuana Reform 5
Page 19
30,000 people in which at least 1%of the residents im.migration status. This report provides a detailed
are Black, Black people are arrested at higher r lad map for ending the War on Marijuana and
rates than white people for marijuana possession. e suring legalization efforts center racial justice as
Although, on average, states that legalized marijuana tJey address the widespread collateral damage.
through taxation and regulation had lower rates of
racial disparities in marijuana possession arrests T}e ACLU reaffirms its recommendation that
fe eral and state governments legalize marijuana
(1. 7x) than states where marijuana has not been
fo persons 21 or older through a system of taxation,
legalized (3.2x), a distressing pattern continues-
racial disparities persist in every state that has rolled liienSing, and regulation, and urges that legalization
r pair the harms that prohibition has wreaked on
back marijuana prohibition - and in some cases,
c mmunities of color.
disparities have worsened.4
This report should be the final nail in the coffin
for the inane War on Marijuana, and sound yet
another abolition knell for this country's 45-year
drug prohibition charade. The question no longer
is whether the U.S. should legalize marijuana - it
should - or whether marijuana legalization is
about racial equity - it is. It is also no longer about
whether all levels of government should redirect
resources away from prosecution of marijuana and
toward public health investments and community
collaborations - they should. Rather, the question
is: When states legalize, how can they do so through
a racial justice lens to address the panoply of harms
that have been selectively aimed at Black and
Latinx communities for decades? These harms
include not only arrests, incarceration, and lifelong
criminal convictions, but also the loss of jobs,
housing, financial aid eligibility, child custody, and
I n every state,
Black people
are arrested
at higher rates
than white people
for marijuana
.
possession.
6 ACLU Research Report
Page 20
Key Findings
FINDING#1 Rates of Black and White Marijuana Possession
Arrests per 100k People
The War on Marijuana Rages on:
Marijuana Arrests Still Widespread 600
Across the U.S.
400
• Although marijuana arrests have decreased by
18%since 2010, that trend slowed to a halt in the
200 White--- arrest .•••
rate
middle ofthe decade. There were more marijuana
arrests in 2018 than in 2015, despite the fact that
eight states legalized marijuana for recreational 0
2010 2012 2014 2016 2018
use or decriminalized marijuana possession in
that timeframe. Source: FBI/Uniform Crime Report,ng Program Dlta
Note: FlOrida ;..jnc!Washington, D.C. dId 110tprovld~ d·ita.
• In general, states that have legalized or
decriminalized marijuana possession have seen
FINDING#2
a decline in marijuana possession arrests, but in
many other states, arrest rates have increased or Extreme Racial Disparities in
remain unchanged. Marijuana Possession Arrests Persist
Throughout the Country and Have
• Marijuana arrests made up 43% of all drug arrests Not Improved Since 2010.
in 2018, more than any other drug category. While
that percentage has dropped from just over 50% • Black people are 3.64 times more likely than
in 2010, this is due in part to a steady increase in white people to be arrested for marijuana
arrests in other drug categories. possession, notwithstanding comparable usage
rates. The increasing number of states legalizing
• The overwhelming majority of marijuana arrests- or decriminalizing marijuana has not reduced
89.6% - are for possession only. national trends in racial disparities, which remain
unchanged since 2010.
• While national arrest rates for marijuana
possession were lower in 2018 than in 2010
for both Black and white individuals, racial
disparities in those arrests have not improved,
and in some jurisdictions, they have worsened.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 7
Page 21
• In every single state, Black people were more likely arrest rates also dropped in decriminalized states,
to be arrested for marijuana possession, and in though to a lesser degree (33.6%).
some states, Black people were up to six, eight, or
almost 10 times more likely to be arrested. In 31
states, racial disparities were actually larger in FI DING#4
2018 than they were in 2010. R cial Disparities in Arrests Persist
• Montana, Kentucky, Illinois, West Virginia, E en in States That Legalized or
and Iowa were the states with the highest racial D criminalized Marijuana.
disparities in marijuana possession arrest rates
• . though the total number of people arrested
(9.62,9.36,7.51,7.31, and 7.26 respectively).
lor marijuana possession, and rates of arrests,
ave decreased in all legalized states and most
ecriminalized states for both Black and white
FINDING #3
people, the racial disparities in arrest rates in
Marijuana Arrests Decreased After hese states remain. Specifically, in every state
Legalization or Decriminalization, hat has legalized or decriminalized marijuana
But There Was Significant Eossession, Black people are still more likely to be
Variability Across States That Only rrrested for possession than white people.
Decriminalized.
• n some legalized states, such as Maine and
• Arrests for marijuana possession decreased I assachusetts, the racial disparities in marijuana
over time (from 2010-2018) in all states that ossession arrests were larger in 2018 than in
legalized recreational marijuana possession. 010. In other legalized states, such as California
In some states, these decreases clearly began and Nevada, the disparities narrowed, although
after legalization (Colorado, Maine, Nevada). In lack people were still more likely to be arrested
other legalized states, decreases continued on a or marijuana possession than white people.
downward trend that had begun pre-legalization
• On average, states that have legalized marijuana
(Alaska, Oregon, Washington). In two states
possession had lower racial disparities in
(California, Massachusetts), though there was
possession arrests in 2018 compared both to
a decline in arrests from 2010-2018, there was
states that have only decriminalized and states
little change after legalization. In these states, the
where marijuana remains illegal. However, it is not
decrease in arrests occurred prior to legalization
clear that this difference is a result of legalization
and remained low, perhaps due to earlier
these states also had lower racial disparities in
decriminalization.
2010, before any states had legalized.
• Overall, arrests for marijuana possession also
fell slightly between 2010-2018 in states that
had decriminalized but not legalized recreational F NDING#5
marijuana. However, there is significant D ta Collection Failures Block a
variability across states. Marijuana possession Flier Understanding of Racial
arrest rates were approximately eight times higher isparities in Marijuana Arrests.
in decriminalized states than in legalized states,
although lower than in states where marijuana • Although a great body of evidence establishes that
possession remained illegal. Latinx individuals face racial bias in policing and
discrimination in the criminal legal system writ
• In legalized states, arrests for marijuana sales also large, we were not able to compare marijuana
decreased greatly from 2010 to 2018 (81.3%). Sales arrest rates for Latinx individuals in this report.
B ACLU Research Report
Page 22
• The FBI's Uniform Crime Reporting arrest
data is the most up-to-date and comprehensive
data on arrests nationally, by state, and by
county. However, similar to many federal data
collection efforts, UCR data fails to disaggregate
between Latinx individuals of different races,
making it impossible to distinguish between
Latinx and non-Latinx individuals in the Black
and white populations. Because UCR data does
not identify Latinx populations as a distinct racial
group, potential disparities in arrest rates for
Latinx populations cannot be examined. Arrests of
Latinx individuals coded as white in the data likely
artificially inflate the number of white arrests,
leading to an underestimate of the disparity
between Black and white arrest rates. 5
• In addition to their impact on Black and Latinx
populations, other racial or ethnic groups may
be affected by bias in policing and marijuana
enforcement. Future research using UCR data is
warranted to examine disparities for Native and
Indigenous populations, and Asian and Pacific
Islander populations, particularly in jurisdictions
with large enough samples of these populations.
However, disparities for bi- or multiracial people
cannot be examined with UCR data because the
UCR Program employs a "check one" approach
to race, and does not allow for an individual to
be coded as more than one race. Furthermore,
disparities for Arab and Middle Eastern people
cannot be examined with UCR data as they are not
identified by the UCR Program at all.
• The variation in reporting quality across years,
agencies, and geographies also leaves some gaps
in some constituents' ability to quantify racial
disparities at the local level.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 9
Page 23
Introduction
The criminalization of marijuana and the "War on I rugs" more broadly has been a
misinformed and racist government campaign tha continues to result in the criminalization
of millions of Americans. 6 Pursued under the guise of public safety and reducing marijuana
consumption, this decades-long debacle has been a abject failure - it has harmed
I
communities, needlessly derailed lives, and waste1_taxpayers' valuable dollars. Both public
opinion and sage public policy have called for an enf. to marijuana prohibition_ In response,
several states have legalized or decriminalized majijuana use in recent years. As of March
2020, 11 states and Washington, D.C. , have legali ed the recreational consumption of
7
marijuana, and in 2019, Hawai'i became the 15th st· te to reduce the criminal consequences of
marijuana-related offenses.8
A growing body of research has sought to explore the T e War on Marijuana
impact of these reforms, finding that these reforms
led to a reduction in marijuana-related arrests and In ur 2013 report The War on Marijuana in Black
the myriad harmful consequences associated with an White, we documented the national scope of our
a criminal conviction. 9 However, research suggests co ntry's decades-long, multibillion-dollar, racist war
that racial disparities in marijuana arrests persist ag inst people who use marijuana. We found that, in
in several of those states, remaining as sharp a 20 0, despite the fact that Black and white peoplel3
thorn in the nation's side as they were a decade ago.IO us marijuana at similar rates, Black people were
Moreover, according to the FBI, after an overall dip in ar ested at over three times the rate of white people,
the number of marijuana arrests between 2010-2014, aIljdup to eight times as often in some states. Further,
such arrests began to increase again, and there were suth racial disparities increased between 2001 and
roughly 100,000 more marijuana arrests in 2018 than 20 0, as did marijuana possession arrests overall.
in 2015Y This report seeks to build on this existing
S ch wasteful and race-driven enforcement of
research - as well as our 2013 report The War on
m rijuana laws did not occur overnight. Since
Marijuana in Black and Whitel2-to document the
th early decades of the 20th century, the
national, state, and local landscape; to assess our
crlminalization of marijuana has been a pretext
progress; and to examine the potential promise of
fo I the criminalization of Black and Brown people. 14
reforms. As this report will demonstrate, much of this
T king advantage of several decades of Reefel'
country has yet to start on the road toward equitable,
M dness propaganda, in 1970, President Richard
smart, reparative marijuana policy, and for those
N on signed the Controlled Substances Act and
that have, the journey is not complete.
10 ACLU Research Report
Page 24
classified marijuana under Schedule I - reserved
for the most dangerous class of drugs with
the highest potential for abuse and little to no Much of this
medical value, a designation shared by drugs like
heroin, methamphetamines, and PCP. But such
cou ntry has yet to
classification -like the drug war generally - had start on the road
nothing to do with marijuana or science, and
everything to do with criminalizing and controlling toward equitable,
certain communities. As John Ehrlichman, counsel
to Nixon and assistant to the president for domestic
smart, reparative
affairs, said over two decades later: marijuana policy.
"We knew we couldn't make it illegal to be
against the war (Vietnam) or Black, but by
getting the public to associate the hippies with Making matters worse, the Trump administration
marijuana and the Blacks with heroin, and has sought to abandon the Obama administration's
then criminalizing both heavily, we could more sensible approach to marijuana policy
disrupt those communities. We could arrest by resurrecting the saber-rattling of bygone
their leaders, raid their homes, break up their anti-marijuana crusaders. Under the Obama
meetings, and vilify them night after night on administration, local jurisdictions enjoyed
the evening news. Did we know we were lying
substantial deference with regard to setting
about the drugs? Of course we did. "15
marijuana policy. In 2013, Deputy Attorney
This war on people who use drugs has since been General James Cole issued a guideline ("The
declared a failure by countless public health Cole Memorandum") significantly limiting the
officials and advocacy organizations, the World enforcement of federal marijuana laws in states that
Health Organization, and the United Nations.I6 In had legalized.I9 Such deference to states that were
response, certain countries have pursued nationwide experimenting with legalization was crucial for the
legalization of marijuana, while many jurisdictions vitality of the newly legalized markets. Consumers
across the U.S. have decriminalized or legalized needed to feel safe participating in marijuana
marijuana for both recreational and medicinal use.I? activities, and entrepreneurs needed to know that
Despite the often bipartisan groundswell to legalize the federal government was not about to shut down
marijuana use, and the fact that two in every three their ventures or prosecute them for engaging in
Americans support legalizing marijuana,I8 marijuana business that was legal in their state. The Obama
remains illegal in a majority of states. administration's approach reassured states that the
federal government would not interfere with states'
legalization efforts as long as those efforts did not
implicate federal enforcement priorities, such as
Inconsistency at the interstate drug trafficking and drug cartels. 20
Federal Level
Rather than respecting the will of the voters in states
At the federal level, marijuana remains a Schedule I that legalized marijuana, the Trump administration
substance, subjecting people involved in marijuana and its first attorney general, Jeff Sessions (who,
activities to harsh penalties and preventing a range when he was a U.S. Senator, famously proclaimed,
of scientific research that could upend decades of "Good people don't smoke marijuana"), promptly
propagandized misinformation driven by racism rescinded this policy. The same week that California
and fear. began selling and taxing marijuana for recreational
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 11
Page 25
use21 and Vermont's legislature called for a formal pe pIe of color from participating in, leading, and
I
vote on its own legalization bill,22the Department bu'l ding wealth from the marijuana industry, and the
of Justice announced that the Cole Memorandum fa' ure to repair the harms done to communities of
was no longer in effect. Instead, Attorney General
Sessions, echoing discredited alarmists of yesterday,
asserted that "marijuana is a dangerous drug and
that marijuana activity is a serious crime"23 and ntering Racial Justice
instructed federal prosecutors "to use previously
established prosecutorial principles that provide M rijuana legalization has always been a racial
them all the necessary tools to disrupt criminal jus, ice issue. 27 Whereas marijuana use by white
organizations, tackle the growing drug crisis, and pe pIe has been de facto legal in much of the country,
I
thwart violent crime across our country." in :f3lackand Brown communities, police have
roJ.tinely stopped people, particularly youth - at
Notwithstanding Sessions' peddling of prohibitionist, th~ park, on the street, in the train, on the bus, at
time-worn rhetoric, most Americans support sc,ool, near school, by the community center, on the
legalizing marijuana. Furthermore, state-level porch, or while driving - searching (usually in vain)
efforts to get smart on marijuana continue, and fo something illegal, and, if they found marijuana,
federal marijuana prosecutions are declining.24 ar esting and hauling people to jail.28 Such police
Even Sessions' replacement, Attorney General harassment not only criminalizes people of color for
William Barr, recently communicated to members engaging in an activity that white people participate
of Congress that he would support a carve-out in kth relative impunity, it is a means of surveillance
exemption that would protect states from federal ar¥ social controF9 counterproductive to public
prosecution ifthey legalized recreational marijuana safety and community health. Indeed, repeated police
consumption.25 enbounters prove traumatic and dehumanizing for
th se who endure them. 30
In spite ofthis ongoing sea change, law enforcement
in the U.S. continues to make hundreds of thousands Sirply put, marijuana is used at similar rates by
of marijuana arrests every year, and Black people Bl ck and white people across America,31 yet Black
continue to bear the disproportionate brunt of those a d Brown people are disproportionately targeted
arrests. Marijuana legalization should be - and fo and harmed by its criminalization, subjected to
indeed is - a racial justice issue. But thus far, racial st ps, frisks, arrests, and convictions of marijuana-
justice has largely been a peripheral or incidental re ated offenses because of their race. This is true
goal oflegalization, resulting in continued racist fo drug enforcement generally (see crack versus
enforcement of marijuana laws, the exclusion of caine enforcement and sentencing) but perhaps
o more starkly than when it comes to marijuana
inforcement.32
Thus far, racial While some states that have legalized marijuana
uilt expungement, resentencing, and
justice has largely ~classification mechanisms into their reforms
been a peripheral tb ensure that people previously convicted of
*arijUana violations benefit retroactively from
or incidental goal of rarijuana's legal status, their effectiveness in
educing the disparate harm on people of color
legalization. Jemains unclear. Furthermore, other states
ave not centered racial equity in their reforms,
12 ACLU Research Report
Page 26
and much more can be done to guarantee that Of course, progressive policies toward marijuana
drug reform laws repair the harms suffered by enforcement can only be effective if they are part
communities of color as a result of racially biased of a broader effort by prosecutors and police to end
enforcement and criminalization. Precisely because selective enforcement of all criminal laws against
of this history, racial justice remains a critical Black and Brown people. After all, marijuana
prism through which drug reform policies should be prohibition is simply one tool in governments'
evaluated.33 criminal law arsenal- albeit a very effective and
ubiquitous one - to marginalize and dis empower
people of color.
Reforms Beyond Legislation: Criminal consequences is not the only harm
The Role of Prosecutors and of marijuana prohibition. There is a range of
Police potentially debilitating collateral consequences as
well, many of which persist even after marijuana is
To be sure, while legalization is the most powerful
decriminalized or even legalized. These can further
step toward reducing the damage of marijuana
erode people's civil rights by impacting housing
criminalization, there are other steps that can
rights, parental rights, the administration of public
be taken in the meantime. For example, local
benefits, access to education, and immigration
prosecutors have the power to end prosecution for
status. For example, families who live in federally
marijuana violations. Cyrus Vance, the district
subsidized public housing face eviction or family
attorney for Manhattan, instituted a Decline-to-
separation if someone is accused of using marijuana
Prosecute policy on marijuana possession and
on their premises. Parents may lose their children
consumption cases, reportedly resulting in a
in family court proceedings if accused of using
substantial reduction of such cases in the first 90 days
marijuana. Disabled and poor recipients of public
of the policy taking effect.34District Attorney Larry
benefits still face the threat oflosing their benefits
Krasner of Philadelphia, State's Attorney Marilyn
for marijuana use. Immigrants can face deportation
Mosby of Baltimore, Fairfax County Commonwealth
for marijuana use. Because of the race-driven way in
Attorney Steve Descano of Virginia, Cook County
which marijuana criminal laws have been enforced,
State's Attorney Kim Foxx of Illinois, and a growing
each of these potentially life-altering consequences of
list of prosecutors have launched similar efforts in
criminalization has been borne disproportionately by
order to discontinue the harmful approaches of their
communities of color.
predecessors on marijuana policy.
While they ameliorate the harm of criminal
prosecutions, such approaches cannot be successful Conclusion
in reducing the harm caused to individuals subject
to marijuana arrests if police departments are not In 2020, we enter a decade marked by confusion
partners in the prosecutors' efforts. For example, and contradictions when it comes to marijuana
after the Austin, Texas, City Council passed a policies. Today, marijuana is still categorized by
resolution to reduce arrests for low-level marijuana the federal government among the most dangerous
violations, the local police chief quickly rebuffed drugs with no medicinal value, and yet 37 states
legislators and vowed to continue to enforce the police have rolled back prohibitionist laws (11 states and
department's policy of arresting or issuing citations the District of Columbia have legalized recreational
for marijuana violations. 35 Conversely, in Seattle, the use, 15 other states have decriminalized use, and
police department played a critical role in minimizing 11 additional states have legalized it for medical
the harms of marijuana criminalization.36 use only).37People in neighboring states, such as
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 13
Page 27
Illinois and Wisconsin, enjoy markedly different
rights given the conflicting legal status of marijuana
across their borders.38 Traveling from Illinois to This report
Wisconsin, someone who uses marijuana goes from
being a casual consumer protected by local law to
provides a new,
a potential target of criminal laws subject to life- unprecedented
altering prosecution. And the injustice of the past
is a harbinger for today' s marijuana market. While examination of the
corporations, entrepreneurs, and governments in
some jurisdictions are making millions of dollars
state of marijuana
in profits and revenues in the legal marijuana enforcement in
industry, poor people in other jurisdictions are stuck
in handcuffs or jail cells, or with lifelong criminal
the U.S.
records for possessing or selling miniscule fractions
of what these powerful companies move daily. In
some states, there are even people serving sentences de riminalization policies have had on such arrests
oflife without parole for marijuana convictions. 39
anf racial disparities.
Clearly, there iB a long way to go to end the harms
of marijuana prohibition and ensure that racial Infeed, while there is some existing research
equity guides the implementation oflegalization and examining the potential fiscal and public safety
decriminalization efforts. imtacts of marijuana law reforms in select states
or urisdictions, there is considerably less empirical
As we begin a new decade, it is time to assess the re earch on the impact of these reforms on people
progress and failures of this country's marijuana of olor. The scope of this report not only allows
policies at the state and county level with regard fo an examination ofthe national, state, and
to racial justice. This report provides a new, 10 allandscapes, it will provide new information
unprecedented examination of the state of marijuana o the success - or failure - ofthese current laws
enforcement in the U.S. and the ramifications of to ddress the racial inequities perpetuated by
decriminalization and legalization efforts - on overall m rijuana prohibitions. As such, these findings offer
arrests, and specifically on the racial inequities ditection for policymakers, criminal justice leaders,
perpetuated by this war. Using data on marijuana a d advocates who seek not only to end the war on
arrests that local police departments provide the m rijuana, but to ensure that we do so in reparative
FBI under the Uniform Crime Reporting Program, w ys that allow us to confront the racial injustice
alongside supplemented data obtained directly from of he past by building a path forward with and for
unreported jurisdictions, this report examines th people and communities most deeply harmed by
nationwide and state trends in both arrests and m rijuana prohibition.
Black/white racial disparities. Keenly aware of the
consequential policy decisions made at local levels,
this report also examines how different counties
behave with respect to marijuana arrests and racial
disparities in such arrests. And as the number of
states implementing reforms in marijuana laws
has increased since our last report, we are able
to examine the potential impact legalization or
14 ACLU Research Report
Page 28
Methodology and
Limitations
To document the incidence of marijuana and other drug arrests, this report uses data from
the FBI's Uniform Crime Reporting (UCR) Program, supplemented by data obtained directly
from states, when necessary (i.e., Illinois, New York). The data is used descriptively to better
understand marijuana arrest patterns over time. In this section we describe our data sources,
usage, and limitations.
Data • Uniform Crime Reporting Data [United
States]: Summarized Agency Data, 2017-
2018. These data sets are publicly available
Sources through the FBI's Crime Data API.
The marijuana possession arrest data presented In addition, population estimates for each county for
in this report was obtained from the FBI's Uniform each year were obtained from:
Crime Reporting Program (VCR) Program. For the
• U.S. Census Bureau, "Annual County
years 2010-2016, the data was obtained through the
Resident Population Estimates by Age, Sex,
National Archive of Criminal Justice Data (NACJD).
Race, and Hispanic Origin," April 1, 2010,
We downloaded tables of data that included monthly
to July 1, 2018. This data was released in
counts of each offense type for each agency that
June 2019 by the population division of the U.S.
reports to the UCR Program, for each racial group. Census Bureau. Raw data is available in CSV
For the years 2017 and 2018, data was not available format here, and a data dictionary describing the
. through NACJD at the time of analysis. For these variable definitions is available here. This dataset
years, we used the FBI's Automated Programming estimates the population of each racial group of
Interface (API) to retrieve the data. Data for each county on July 1 of the corresponding year.
years 2017 and 2018 was last retrieved via API on
While most states report to the UCR Program, some
November 22,2019.
do not, and thus data for Illinois and New York City
• Uniform Crime Reporting Data [United were obtained separately. We obtained arrest data for
States]: Arrests by Age, Sex, and Race New York City from "NYPD Arrests Data" (Historic),
[Alternative Title: ASR], 2011-2016. These published by the New York Police Department online
datasets are publicly available through the NACJD at NYC OpenData. This data was last updated on
and stored at the Inter-university Consortium for May 16, 2019. Data for Illinois was obtained through
Political and Social Research at the University of a Freedom ofInformation Act, 5 ILCS 140 ("FOIA")
Michigan. request submitted to the Illinois Department of
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 15
Page 29
State Police, which acts as the central repository and Th arrest for marijuana possession would not be
custodian for crime statistics from every policing rep rted in this situation. Additionally, if a person is
body in Illinois. arr sted for multiple Part II offenses, the reporting
ag~ncy determines which offense is the most serious
We also submitted FOIA requests to Washington, and. scores only that arrest. Thus, any marijuana
D.C.'s Metropolitan Police Department (MPD), poJsession arrest recorded in the VCR data is an
as well as to the Florida Department of Law arrl st in which marijuana possession is the highest
Enforcement, in November 2019. In December 2019, Ch;ge for which that individual was arrested during
Washington, D.C.'s Mayor's Office of Legal Counsel th police interaction. Any racial disparity observed
ruled in favor of a legal appeal submitted by the ACLV in arijuana arrests recorded in VCR data is thus not
and ordered MPD to begin producing responsive a PrOduct of differential arrest rates for Part I crimes
records within five business days. Nevertheless, or rimes that agencies deem more serious than
I
the District of Columbia did not provide data in an m ijuana possession. According to the FBI, more
appropriate, timely manner for analysis in this report,
thI 85% of all arrests are for a single offense.
and Florida refused to provide any data at all.
It s ould be noted that for data obtained from New
Yo k City, the New York Police Department publishes
Counting and Classifying Marijuana Arrests a d ta footnote that states, "Only valid arrests are
inQ~udedin this release. Arrests that were voided
The data used in this report (both VCR data and
wfn further investigation reveals person did not
supplementary state data) count one arrest for each
cOjmit offense or it is determined no offense has
separate instance in which a person is arrested,
bef~ committed are excluded from the data set." As
cited, or summoned for an offense. Because a person
sueh, NYC data may not be directly comparable to
may be arrested more than once in a year, the arrest
ot er agencies that include arrests that were not
numbers used in this report do not reflect the actual
ex luded from the dataset. Individual nuances in the
number of individuals who have been arrested; rather,
WBi police departments categorize arrests, due to
the arrest data shows the total number of times
di erences in state law, enforcement priorities, and
that persons have been arrested, as reported by law
re~orting capacity, are inherent in any interpretation
enforcement agencies to the VCR Program.
of PCR data, and will be discussed more in the
When someone is arrested for multiple crimes arising Ii itations section below.
from a single police interaction, the VCR Program
calls it a "multiple-offense situation." As a general
rule, a multiple-offense situation requires classifying
each of the offenses committed into "Part I" and
"non-Part I" offenses. Part I offenses are the following: e VCR Arrests by Age, Sex, and Race dataset and
Murder, Rape, Robbery, Aggravated Assault, th Summarized Agency Data from the VCR API
Burglary, Larceny (theft), Motor Vehicle Theft, and in lude variables that indicate the population covered
Arson (fire). Marijuana possession is defined as a non- b a particular agency. The FBI also provides an
Part I offense, as are all drug offenses. The Hierarchy "A enc Crosswalk file" which shows which agencies
Rule, as described in the FBI/VCR Handbook, co respond to each county. To find each county total,
requires that in a multiple-offense situation involving w~summarized the total number of arrests and
both Part I (e.g., Robbery - Other Dangerous th total population within each county. We then
Weapon) and non-Part I offenses (e.g., Marijuana- c pared the population of all the agencies reporting
Possession), only the Part I offense, Robbery - Other d ta in a particular county to the total population of
Dangerous Weapon, is classified and reported. th t county to identify a coverage indicator.
16 ACLU Research Report
Page 30
The coverage indicator is a measure of how reporting 12 full months is submitted as-is. Second,
completely the agencies within a given county have data for an agency reporting three to 11 months is
reported their arrests to the VCR Program. For multiplied by a weight of [l21months reported]. For
each agency, we multiply the population covered by example, if an agency reports 50 arrests over six
that agency by the number of months reported, and months of data, 50 is multiplied by 12/6 (or 2) to
divide by 12. For example, if an agency that covered estimate that 100 arrests would have occurred over
50,000 people reported data for 12 out of 12 months, a similar 12-month period. For agencies reporting
the "reported population" of that agency is 50,000 .• zero to two months, data is too sparse to be reliable.
12/12, or 50,000. However, ifthat same agency only These are first set to zero, and then data is estimated
reported data for 10 out of 12 months of the year, its using rates calculated from fully reporting agencies
reported population is 50,000 .•10/ 12, or 41,667. located in the missing agency's state and geographic
stratum. More about defining the geographic strata
Participation in the VCR Program varies widely.
is described by the NACJD, but, briefly, if an agency
Many counties have full participation, with all
covering a population of 15,000 fails to report data
local enforcement agencies in the county reporting
to the VCR, then the arrest total for that agency is
to the VCR Program, but some agencies within imputed using the average number of arrests among
some counties do not report data, or do not report
similarly sized agencies in the same state and year.
every month, due at times to budget and capacity
constraints. If an agency reports data for fewer than Finally, that agency-level data is aggregated to
12 months, we used the FBI's methodology, described the county level using the crosswalk file. The total
below, to impute the missing arrest counts. county-level reported population is aggregated and
divided by the county-level total population, including
We impute data at the agency level, and summarize
nonreporting agencies, to arrive at the county-level
coverage at the county level to get a coverage
coverage indicator. Throughout this analysis, when
indicator, or a measure of the countywide data
highlighting individual counties, we exclude counties
quality. While many counties have a coverage
with a coverage of less than 50% - that is, counties
indicator of 100%, some counties have missing
where arrests were imputed for more than 50% of
data, and the more data a county is missing, the less
the population covered in that county. For example,
confidence we can have in our estimates. If a county is
in 2018, 12.6% (381) of counties had less than 50%
less than 50% covered, meaning that more than half
coverage and were thus excluded from these analyses.
of its data is imputed, we do not report its individual
arrest counts or arrest rate estimates. Though analysis of raw data undercounts the total
arrest counts because of agencies that do not report,
the results on the impacts of racial disparities
do not substantially vary from the results using
Imputation
the methodology from our 2013 report. Thus,
The National Archive of Criminal Justice Data for consistency with NACJD, we use the VCR's
(NACJD), part of the Inter-university Consortium imputation methodology for this report.
for Political and Social Research, imputes data for
missing agencies to aggregate to the county leveL
We use the same procedure but also aggregate by
Calculating Rate Ratios
race to be able to examine racial disparities. Their
imputation procedure is described in full here, but Racial disparities in policing and enforcement of
in brief, the following steps are used to estimate the marijuana possession laws can be quantified by
number of arrests for agencies with various types comparing arrest rates in the Black population to
of reporting procedures. First, data for any agency arrest rates in the white population. By dividing the
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 17
Page 31
rate in the Black population by the rate in the white Ealh state profile includes a county-level map.
population, we can estimate if Black people are more On hat map, counties for which we received no
likely than white people to be arrested for marijuana da la(roughly 50 counties across all 49 states) are
possession, and, if so, how much more likely. Below is in~cated by stripes. In addition, there were five
the formula used to calculate the rate ratio: co nties that arrested multiple Black people for
mar ijuana possession and zero white people. The
RR=Ba/Bp/Wa/Wp me sure of racial disparities in these counties is
Where RR is the Black-to-white rate ratio of arrests mathematically infinite, so while we do not report
for marijuana possession; Ba/Bp is the rate of arrest nuteriC rate ratios for these counties, they are
in the Black population, and Wa/Wp is the rate of col red in red in the county-level maps, indicating
arrest in the white population. ra .al disparities above the national average.
Sil.ilarly, the counties that reported zero Black and
whIte possession arrests (roughly 125 counties) are
coli red in grey, indicating racial disparities below the
State Profi les na ional average.
We used the following additional methods for the 49
state profile sheets included at the end ofthis report.
Limitations and Considerations
When identifying the top counties with the largest
racial disparities per state, we generally only included Thts report, which analyzes data from 2010-2018,
counties with: a population of at least 30,000, a Black in jombination with our previous report assessing
population of at least 1%,a data coverage ratio of da a from 2000-2010, offers an unprecedented
at least 50%, and at least 25 arrests for marijuana lot at the national, state, and county landscape
possession. We applied this inclusion criteria to offarijUana enforcement over the past nearly two
avoid highlighting counties with outlier rates due de ades. However, as with all research, there are
to very small populations and numbers of arrests. so e limitations to the data. Here we present those
I
Because states vary widely in their demographics, it limitations, along with a few key areas to consider
was imperative to modify the inclusion criteria in w n interpreting the findings of this report.
select cases, which are also noted in each state profile
sheet. For states with less than a 1%Black population
overall, we included counties for the ranking if they L~.liI1itationsof Missing Data
met all criteria outside of the Black population T ambition ofthe FBI's Uniform Crime Reporting
criterion. We extended this rule to Hawai'i, where Pr gram in attempting to harmonize arrest data
we only obtained data for two counties. In Vermont, from more than 18,000 agencies across the country
very few counties made more than 25 marijuana mhes it the most comprehensive data source for
possession arrests in 2018, so we lowered that cutoff u erstanding arrests in the U. S., but gaps remain.
to 10 marijuana possession arrests. Additionally, is section describes our attempts to deal with
because Alaska is less densely populated, we th se gaps, their comparability to UCR data, and the
broadened the population criteria to include counties ex ensibility of this analysis to previous work.
in Alaska with a population of at least 20,000 and
at least 10 marijuana possession arrests. Those As mentioned previously, not every agency reports
counties were excluded from consideration when da,a for each month. The imputation method
identifying the top counties per state with largest de cribed previously is used by the FBI to fill in
racial disparities, but were included in other aspects ga s in county-level crime data, but these methods
of analyses for the state profiles and the entire report. ar simple and do not account for fundamental
18 ACLU Research Report
Page 32
differences between reporting agencies and different values than in our previous report. For the
nonreporting agencies. Though a majority of the purposes of examining trends between 2000 and 2018,
FBI's agencies and an even larger majority of the these two reports can go hand-in-hand, but it is not a
agencies covering large populations like cities goal for our 2010 estimates of racial disparities in this
had 100%coverage in the years we analyzed, we report to perfectly match those used with a different
were unable to determine whether systematic imputation methodology. Rather, the consistent
biases existed between reporting agencies and overall findings between the two reports, despite
nonreporting agencies with regard to population the slight variations in methodology, are a signal
demographics. The lowest unit of measurement at that these findings are robust to multiple different
which demographic data by race was available was imputation methods.
the county level, not the agency level. It is conceivable
Despite our repeated attempts (as detailed
that the demographics of agencies with full UCR
previously) to obtain data from every jurisdiction for
reporting are different from those with little or no
this report, including those that do not report to the
UCR reporting. If arrest rates in populations in
FBI's UCR program, we were unable to do so. The
these nonreporting agencies differ systematically
District of Columbia refused to provide data in an
from arrest rates in reporting agencies, it is likely
appropriate, timely manner for analysis in this report,
that our estimates are imprecise. Systematic
and Florida refused to provide any data at all. Thus,
differences could bias the results of our analysis in
findings from this report are limited to 49 of the 50
either direction. However, given the consistency
U.S. states.
of the racial disparities in every state and nearly
every county in the nation, we feel that despite this
Race and Ethnicity Data Limitations
variation in agency reporting, additional data is
unlikely to change the direction of the findings - that Although nationwide the criminalization of
is, to remove the measured effect of racial disparities. marijuana has been largely targeted at Black and
Nevertheless, we do not report estimates for counties Latinx individuals, UCR data only allows for an
in which less than 50% of the population is covered by exploration of disparities between Black and white
a reporting agency. people, and not between Latinx and white people.
Similar to many federal data collection efforts,
We use a different imputation methodology in this UCR data does not identify Latinx individuals as a
report than was used in our previous report, which distinct racial group, but as an ethnicity. "Ethnicity"
was published in 2013. Our imputation procedure variables are available in UCR data codebooks,
follows the FBI's procedure exactly, while the ostensibly to distinguish between Hispanic and non-
previous study used a weighting procedure at the Hispanic individuals of each race, but these variables
county level rather than imputation at the agency are missing so frequently that we were unable
level to account for missing data. The outcomes do to employ them in this analysis. As such, Latinx
not change substantially whether one uses county- individuals of all races are likely miscoded in various
level weighting or agency-level imputation, so we ways. While Afro-Latinx people are likely to be coded
selected the better-known procedure for this report as Black in policing data and treated as Black by
to ensure our methodology is more transparent and police, non-Black Latinx people may often be counted
replicable. For the same reasons, we provide access as white by reporting agencies. This miscoding
to the data and code with this updated report. This likely leads to an underestimation of the true rate
report's methodology differs only in minor ways from of racial disparities experienced by people of color
those of the earlier report, but we present 2010 data at the hands of police. Arrests of Latinx individuals
here for comparison in the states and counties where coded as white in the data likely artificially
the methodology implemented here results in slightly inflate the number of white arrests, leading to an
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 19
Page 33
underestimation of the disparity between Black and arr st rates. Further research, both quantitative and
white arrest rates. qu litative, is warranted to more clearly understand
document the effects of marijuana reforms, and
We are mindful that in addition to Black and Latinx be best done at the individual state and/or
groups, racial bias in policing and drug enforcement ty level.
may negatively affect other racial or ethnic groups,
such as Native and Indigenous populations, Arab
and Middle Eastern populations, Asian populations, siderations about Timeframe
Pacific Islander populations, and those with multiple
report examines arrest rates from 2010
racial/ethnic identities (e.g., biracial), among others.
thr ugh 2018. Although 2018 was the most recent
The VCR data classifies individuals' race as "Black"
yea in which data was available, it still did not
"white," "Asian," "American Indian or Alaska Nati~e "
all w for an examination ofthe present state of
"Native Hawaiian," or "unknown." As such, future '
marijUana enforcement. Inevitably, data analyses
research using VCR data could examine racial
an reporting must always lag somewhat behind,
disparities beyond just Black and white populations,
pre enting any research from being as current as
and such analysis might be particularly warranted
de ired; as such, the findings provided in this report
in jurisdictions with significantly large populations
ca only reflect practices as of 2018. In 2018 and
of those who have experienced racially biased
20 9, three states (Vermont, Michigan, and IllinoiB)
policing - for example, examination of disparities in
legfliZ~,~ marijuana possession, a~d three others
arrest rates between Native Americans and whites
(H wall, New York, and New MeXICO)decriminalized
in Montana. Disparities for bi- or multiracial people
po session. As data is made available for 2019 and
cannot be examined with VCR data, however. The
su sequent years, future analysis is warranted to
VCR Program employs a "check one" approach
ex lore the potential effects of the more recent laws
to race, and does not allow for an individual to be
as ell as the longer-term impacts ofpre-2018 laws.
coded as more than one race. Furthermore ,Arab
and Middle Eastern people are not identified by the
VCR Program. Thus, researchers must turn to other
data sources in order to examine arrest rates for
multiracial and Arab or Middle Eastern individuals.
Considerations about Causality
This report presents descriptive statistics, providing
information about numbers of arrests, rates of
arrests, and racial disparities in those rates. Though
we provide this information for states that have
legalized and decriminalized marijuana - both before
and after these reforms were enacted - we have not
performed the requisite statistical controls that
would be required to establish a causal link between
these laws and the subsequent changes in arrest
rates and racial disparities. Indeed, in many states
and counties, arrest rates dropped between 2010
and 2018 despite the fact that marijuana possession
remained illegal in these localities, demonstrating
that many other factors besides legalization drive
20 ACLU Research Report
Page 34
Marijuana Arrests
Despite an increasing number of states legalizing or decriminalizing marijuana, law
enforcement made well over half a million marijuana arrests in 2018, more than for any
other drug, and more than for all violent crimes combined as reported by the FBI.40 As
expected, states that have legalized or decriminalized marijuana possession have seen
a decline in marijuana possession arrests. However, as of 2018, the national downward
trend appears to have leveled off, even as the number of states that have legalized or
decriminalized marijuana has increased.
FIGURE 1
The National Landscape
National Arrests for Marijuana and All Other
Ehugs (2010-2018)
As indicated in Figure 1, between 2010 and 2018,
marijuana arrests in the U.S. trended weakly
downward, with rebounds in 2013, 2016, and
800,000
2017. By 2018, arrest rates were higher than in
2015, despite additional states having legalized
and decriminalized during that timeframe. In 700,000
no year did they drop below 500,000. In 2018
alone, there were an estimated 692,965 marijuana
arrests - the vast majority of which (89.6%) were 600,000
for possession (see Figure 2). As shown in Figure
Source: FBI/Uniform Cnmp Reporting Progr::trn Data
3, marijuana possession arrest rates have dropped Note: Flnnrl"1 anrl W~.~hlnJfon D.C cirri not prl)vu'i~ rlata
by approximately 15%from 2010 to 2018, resulting
FIGURE 2
in a decrease in the national arrest possession
National Arrests for Marijuana Possession and
rate, from 250.52 per 100,000 in 2010 to 203.88 per Sales (2010-2018)
100,000 people in 2018.
600,000
As shown in Figure 4, marijuana arrests still
account for more drug arrests in the U.S. than
400,000
any other drug class. 41 Marijuana arrests also
accounts for more arrests than for all violent crime
200,000
combined.42 In 2018, 43.2% of all drug arrests were
Marijuana sales
for marijuana offenses (see Table 1).
2010 2012 2014 2016 2018
Source: FBI Jndorm Cr fI1e Reportll ., Program Oat;)
Note: Flom..!", )r)d W)~l1lr~ton DC ctd not prov de iota
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 21
Page 35
FIGURE 3 S ate and County Landscape
Marijuana Possession Arrest Rate per 100k
People (2010-2018) Si ce most drug law enforcement occurs at the state
400 an~ local level, it is crucial that an examination of
mdrijuana possession arrests focus on state and
300
COilnty data.
200
St tes
100
Noitsurprisingly, arrest rates vary greatly between
o st tes. Here, we provide a comparative assessment;
2012 2014 2016 2018
2010 cific profile sheets for every state are available in
Source: FBI, Uniform Crtme RelJort'f'lg Pro~ram Data and U S. Censu3 Data
Note: I=IOtida ()nd \Nasrlngtul D.: d ,1rot nr Jvde data th State Profiles section ofthis reportY
T~E national marijuana possession arrest rate in
FIGURE 4
Number of Arrests by Drug Type (2000-2016) 20i8 was 203.88 per 100,000. State arrest rates
1.000.000 rayged from 707.34 arrests per 100,000, in South
D~ota, to 4.52 arrests per 100,000 people, in
750.000 Massachusetts (see Appendix, Table A for data for all
st tes). Not only did South Dakota have the highest
500.000
ar est rate in 2018 (see Figure 5), it also had the
grjatest growth, with a 176%increase in marijuana
250.000
Synthetic Narcotics porsession arrests from 2010. Although nationally
o there was a decline in marijuana possession arrests,
2000 2005 2010 2015 artest rates actually increased in 17 states (see Table
Source: FBI/UnllOtin Crllnt! Rt.!pol tlng PfOgf rl1 Datuj
2).
Note: Thl, grdph e"cludes d,]ld from tJt~WYOlk Cit .lIlInot<; Florld.1. ;Ind W1~hl1l5ton
DC. ,uhleh Ncrt! not 3vildable .1t tlmt..: )1 thh dl Jh I:;
In iterms of total raw numbers of arrests, Texas had
th highest total number of marijuana possession
TABLE 1 ar ests, with an estimated 70,017 arrests in the year
National Arrests for Marijuana and All Drugs 20f8 alone (see Appendix, Table B). In 12 states,
% All Drug m .rijuana arrests accounted for more than half
Total Arrests That of 11drug arrests in 2018, with Wyoming having
Marijuana All Drug Were for th highest percent of all drug arrests that were
Year Arrests Arrests Marijuana
for marijuana possession, at 58.6% (see Appendix,
2010 831,849 1,556,916 53.4%
T llbleB for total number of all drug arrests and total
2011 768,390 1,488,628 51.6% n mber of marijuana possession arrests by state).
2012 734,019 1,469,273 50.0%
2013 856,263 1,702,249 50.3%
Counties
2014 679,188 1,453,543 46.7%
Ndt only do states vary widely in marijuana
2015 595,127 1,369,543 43.5%
e orcement, but even within states there remains
2016 611,026 1,445,215 42.3%
a ange in how marijuana offenses are treated at
2017 702,778 1,613,926 43.5% th county level. Individual district attorneys and
2018 692,965 1,603,316 43.2% po ice departments have a substantial amount of
Source: FBIIU',lfullll C. In R 'P')ltr \~ PIO~;rJfT Da[,J di cretion in deciding who gets arrested, charged,
22 ACLU Research Report
Page 36
FIGURE 5
States With Highest Marijuana Possession Arrest Rates per 100k (2018)
South Dakota
South Carolina
Wyoming
West Virginia
Georgia
Louisiana
Nebraska
New Jersey
Tennessee
Utah
Missouri
North Dakota
Idaho
Wisconsin
Arkansas
o 100 200 300 400 500 600 700
and convicted for drug possession. In some cases, TABLE 2
municipalities have passed their own ordinances States With Increases in Marijuana Possession
related to marijuana use and enforcement. Arrest Rates (2010-2018)
Table 3 lists the 20 counties with the highest
% Change
marijuana possession arrest rates in 2018. Four
Total Arrest Total Arrest in Total
of the top five counties are in South Carolina, the State Rate (2010) Rate (2018) Arrest Rate
state with the second highest arrest rates for 256.17 707.34 176.1%
South Dakota
marijuana possession. Less predictably, three
Utah 150.64 343.37 127.9%
Maryland counties are represented in the top 10,
North Dakota 180.64 332.52 84.1%
even though Maryland decriminalized certain
Wyoming 384.56 592.89 54.2%
amounts of possession in 2014. Although these
counties had the highest arrest rates in 2018, South Carolina 440.57 673.26 52.8%
other counties have had greater increases in Arkansas 215.85 322.12 49.2%
their rates over time, such as Prince George and West Virginia 299.85 447.32 49.2%
Charlottesville City in Virginia and Franklin, Idaho 225.02 332.16 47.6%
North Carolina. See Table 4 for a list of the 20 New Jersey 253.75 369.54 45.6%
counties with the greatest increases since 2010. Ohio 184.03 248.68 35.1%
New Mexico 168.15 225.71 34.2%
Virginia 236.12 314.33 33.1%
States That Legalized or Pennsylvania 180.45 226.52 25.5%
Decriminalized Marijuana Tennessee 283.50 343.94 21.3%
Possession Georgia 361.87 428.81 18.5%
Louisiana 349.32 412.48 18.1%
Since our last report in 2013, several states have
Wisconsin 289.37 324.37 12.1%
legalized or decriminalized marijuana offenses.
Source: FBI Ur)rfOHn Crime RepoltlllC PrOer •.HT, DiJtJ Jlld IJ S Cen U'~ Ddt •..•
Although these laws vary in their specific elements
and implementation, we examine if - and how
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 23
Page 37
- these laws have affected arrest rates and, in a leg 1status of marijuana possession for all states and
subsequent section, racial disparities in arrests. D. . as of March 2020 in the Appendix (Table C).
As of March 2020, 11 states and Washington,
D.C. had legalized marijuana possession and an Leralized States
additional 15 states had decriminalized marijuana
In r018, on average, legalized states had the lowest
possession (see Appendix, Table C). At the time
of this report, however, the most current data arEst rates for marijuana possession compared
available was from 2018, and thus, for the following to ther states.45 Although legalized states also
analyses, we considered only states that legalized or ha' lower rates of possession arrests even before
decriminalized before 2018. See Table 5 for the listing leg ization, the over-time trends make it clear that
of such states.44 We also provide a full listing of the leg1lization has made a difference overall. Figure
TABLE3
Top 20 Counties for Marijuana Possession -r: p 20 Counties for Largest Increases in
Arrest Rates per 100k people (2018) M rijuana Possession Arrest Rates per 100k
p ople (2010-2018)
Possession 2010 2018 %
County County Rate Rate Increase
Arrest Rates
Chester, South Carolina 2,000.72 Pr nce George, Virginia 61.72 1090.14 1666.3%
Columbia, New York 1,794.25 Charlottesville City, Virginia 41.41 371.13 796.2%
Newberry, South Carolina 1,610.30 Fr, nklin, North Carolina 37.27 241.05 546.8%
Worcester, Maryland 1,391.27 Bo'$sier,Louisiana 51.18 316.86 519.1%
Darlington, South Carolina 1,370.12 A~gusta, Virginia 8.15 46.38 469.1%
Greene, New York 1,315.23 Isle of Wight, Virginia 50.97 286.85 462.8%
Marion, South Carolina 1,258.89 Somerset, Pennsylvania 97.51 530.36 444.0%
Dorchester, Maryland 1,203.20 Fr ~nklin, Virginia 92.55 489.37 428.8%
Calvert, Maryland 1,144.53 Ar gelina, Texas 77.75 408.73 425.7%
Dodge, Nebraska 1,138.31 H; ywood, North Carolina 62.78 314.15 400.4%
Prince George, Virginia 1,090.14 Pi ke, Pennsylvania 137.56 669.40 386.6%
Spalding, Georgia 1,084.48 VE rmilion, Louisiana 65.41 308.47 371.6%
Laurens, South Carolina 1,083.89 C. Ipeper, Virginia 219.90 1035.79 371.0%
Kershaw, South Carolina 1,075.21 Jerferson, Ohio 144.08 663.78 360.7%
Culpeper, Virginia 1,035.79 Nassau, New York 60.50 275.49 355.4%
Washington, New York 1,000.11 M ushall, Tennessee 61.92 277.70 348.5%
Colleton, South Carolina 973.88 H4mderson, Kentucky 43.23 193.02 346.5%
St. Mary, Louisiana 966.93 Rcbertson, Tennessee 94.98 409.14 330.8%
Erie, Ohio 963.47 Chester, South Carolina 478.57 2000.72 318.1%
Perry, Pennsylvania 956.17 Athens, Ohio 135.64 554.44 308.8%
Source: FBI Unltorrn C nl,: Rl.por t lb Pf'J5r 1m O-:}t,J j"U US CI,..f1 J Dl'_il So ~rce: FBI/Uniform Come Reporting Progralll DJta ~nd J S. Cens(I'; Dala
Note: Include •• tQunt, ••. '11th· 30(JI)U pOpJlll'Or. > 1 81J(':1( poprd.JtlOll If lev:,t 2') No e: Includes coulllle~ ,'Vlth..•30.000 population. 1. BlaCK populatIon. alleast 25
m(:lrlJU,lll,) po" es:;ron lrrt!~r md 60 UCP overd~L Ino IJuana possession arrests In 2018 :1nd > 50'l,l., UCR coveraGe
24 ACLUResearch Report
Page 38
6 illustrates the changes from 2010 to 2018 in TABLE 5
marijuana possession arrest rates for states that had States That Legalized or Decriminalized
Marijuana Possession (Before 2018)
legalized before 2018, states that had decriminalized
before 2018, and states where marijuana possession Eight States and District of Columbia Legalized
remained fully illegal in 2018.46 The rates fall Colorado (2012)
precipitously in legalized states, indicating that, Washington (2012)
as expected, legalization of marijuana possession
Alaska (2014)
reduces overall arrest rates for marijuana possession.
District of Columbia (2014)
Overall, arrests for marijuana possession decreased Oregon (2014)
over time in all states that had legalized. However, California (2016)
when dis aggregating legalized states, we see some Maine (2016)
interesting differences (see Figure 7; note that Massachusetts (2016)
the red line on the state graphs indicates when Nevada (2016)
legalization occurred). In some states, the decreases
Five States Decriminalized Before 2010
in arrests clearly began after legalization (Colorado,
Ohio (1975)
Maine, and Nevada). In other legalized states,
Minnesota (1976)
decreases continued on a downward trend that had
already begun pre-legalization (Alaska, Oregon, North Carolina (1977)
and Washington). In Massachusetts and California, Mississippi (1978)
perhaps due to earlier decriminalization, the Nebraska (1979)
decline in arrest rates occurred several years before
Eight States Decriminalized Between 2010-2017
legalization, and remained relatively flat in the years
Connecticut (2011)
just before legalization and through 2018 (see also
Rhode Island (2012)
Figure 7).
Vermont (2013)
Marijuana sales make up a small proportion of Maryland (2014)
marijuana arrests - only 10.4% of all marijuana Missouri (2014)
arrests in 2018. Decreases in arrest rates for Delaware (2015)
marijuana sale were far greater in legalized states Illinois (2016)
than in other states, dropping from 36.1 arrests per New Hampshire (2017)
100,000 in 2010 to 6.27 arrests per 100,000 in 2018,
an 82.7% decrease in the arrest rate. In comparison,
FIGURE 6
over the same time period, sales arrest rates
Marijuana Possession Arrest Rates Per 100k
decreased by 35.1% in states that had decriminalized
People by Legal Status (2010-2018)
and 13.2% in states where marijuana remained fully
illegal. Fully 111••• 1 Before 2018 Decrlmlnollud Be,.". 2018 Locol Bel •••• 2018
While marijuana possession and sales arrests
consistently fell following legalization, the impact of
marijuana legalization on other drug arrests is less
clear. As shown in Figure 7, in some states, such as
-
Alaska, other drug arrest trends appear unassociated
24.5
with marijuana. In others, such as Colorado, other
drug arrests climb following legalization. This is not 2010 2018 2010 2018 2010 2018
necessarily the result of marijuana legalization, and Source: FBI Undnrm ('rlmp Rpportrng PIOE;ram Datrl.lnr1 U.S, census Dat-)
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 25
Page 39
FIGURE 7
Drug Arrests in States With Legalized Marijuana (Befo e 2018)
••• All Other Drugs ••• Marijuana Possession
Alaska California Colorado
1,600 200,000
12,000
1,200 150,000
10,000
100,000 8,000
800
50,000 6,000
400
o
Maine Massachuse s Nevada
3,000 25,000
2,500 9,000 20,000
2,000 6,000 15,000
1,500 10,000
3,000
1,000 5,000
0
2010 2012 2014 2016 2018
Oregon Washington
16,000 12,500
10,000
12,000
7,500
8,000
5,000
4,000 2,500
2010 2012 2014 2016 2018 2010 2012 2014 20 6 2018
Source: FBI/I)r IOlln (•.'IIN.; R{;portl! b ProgrJIT D-:ttJ
additional research is warranted to understand how, ev· enced sharp declines immediately following
if at all, marijuana legalization impacts enforcement deriminalization, a number of other states
of other drugs. co~tinued a downward trend in arrests that began
prf,decriminalization (Connecticut, Delaware,
Ill· ois, New Hampshire, and Vermont).
Decriminalized States
M rijuana sales arrests also dropped in
Decriminalization also appears to be associated with
decriminalized states from 2010 to 2018, although
a reduction in the rate of marijuana arrests, though
it is less dramatically related than legalization (see
. to much lesser extent than in legalized states. In
st tes that decriminalized marijuana between the
Figure 6). Overall, arrests for possession fell slightly
ye rs of 2010 and 2018, sales arrest rates went from
between 2010-2018 in states that had decriminalized
378 per 100,000 people down to 24.5 per 100,000 by
marijuana possession, but possession arrest
2~8 - a 35.1%drop. For comparison, even in states
rates remain approximately eight times higher in
were marijuana remained fully illegal, there was on
decriminalized states than in legalized states.
av rage a 13.2%decrease in marijuana sales arrests
As illustrated in Figure 8, there was also significant fr m 2010 to 2018. Similar to legalized states, arrest
variability across decriminalized states (the red line ra es of all other drugs appear generally unassociated
on state graphs indicates when decriminalization wi h the decriminalization of marijuana possession
occurred).47Whereas Maryland and Rhode Island (s e also Figure 8).
26 ACLU Research Report
Page 40
FIGURE 8
Drug Arrests in All States that Decriminalized Marijuana (between 2010-2017)
•• All Other Drugs •• Marijuana Possession
Connecticut Delaware Illinois
8,000 3,000 25,000
2,500 20,000
6,000
2,000 15,000
4,000 1,500 10,000
2,000 1,000
5,000
Maryland Missouri New Hampshire
24,000
22,000 24,000 4,000
20,000
21,000 3,000
18,000
18,000 2,000
16,000
14,000 15,000
2010 2012 2014 2016 2018
Rhode Island Vermont
1,200
2,000
900
1,500
600
1,000
300
500
2010 2012 2014 2016 2018 2010 2012 2014 2016 2018
Source: FBI/Uniform Crime Reporting ProgrulTl D.lll
Across the country, considering both possession and
sale offenses, states that legalized marijuana have
seen larger average decreases in marijuana arrest
rates than states that only decriminalized marijuana,
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 27
Page 41
Racial Dispariti s in
Marijuana Arre ts
As legalization efforts take hold in states across t~e nation, it is critical to continue
examining the extent of racial bias in the enforcefent of marijuana laws, specifically
against Black and Latinx populations. 48In order '0 ground legalization efforts in
racial justice, we must understand the impact of r forms on racial inequities in drug
enforcement. Thus, in this report, we examine racial disparities not only at the national,
state, and county level, as we did in our 2013 repoi t,49but also specifically among states
that have legalized or decriminalized marijuana.
Because the FBI's Uniform Crime Reporting (VCR) FI URE 9
Program data, like many federal data collection Usage of Marijuana For Ages 12+ (2018)
efforts, treats Latinx as an ethnicity rather than Ufetlmeu •• Pasty •• ru •• Past month u••
a distinct racial group, Latinx individuals are
incorporated into both white and Black arrest rates.
Thus, because the UCR data used for this report does
not identify Latinx populations as a distinct racial
group, potential disparities in arrest rates for Latinx
• •
.
populations cannot be examined (see Methodology
and Limitations section for more information).
Black White Black White
We are mindful that in addition to Latinxgroups,
racial bias in policing and drug enforcement may
negatively affect other racial or ethnic groups, such
as Native and Indigenous populations, Arab and ex licitly on Black-white disparities in marijuana
Middle Eastern populations, Asian populations,
Pacific Islander populations, and those with multiple
Fo this report, racial disparities in policing and
racial! ethnic identities (e.g., biracial populations),
elorcement of marijuana possession laws were
among others. Improved data collection tools and q ntified by comparing arrest rates in the Black
more in-depth research into the specific experiences po ulation to arrest rates in the white population.
of these groups as related to drug enforcement is B I dividing the arrest rate in the Black population
clearly necessary. However, given the focus of this by the arrest rate in the white population, we can
report and the limitations of the most current and es imate how much more likely Black people are than
comprehensive available data (VCR), we provide data
28 ACLU Research Report
Page 42
white people to be arrested for marijuana possession, FIGURE 10
known as the "rate ratio" (see the Methodology and Rates of Black and White Marijuana Possession
Arrests per 100k people
Limitations section for more details on how the rate
ratio was calculated). A rate ratio of one indicates
600
that Black individuals and white individuals are
arrested at the same rate. A rate ratio greater than one
indicates how much more likely Black populations are 400
than white populations to be arrested for marijuana
200 .••• White
---- arrest rate•••
possession - for example, a rate ratio of three
indicates that Black people are three times more
likely than white people to be arrested for marijuana 0
2010 2012 2014 2016 2018
possession. A rate ratio ofless than one indicates
that white people are more likely than Black people in Source: FBI/Uniform Crime Reporting Progr.1nl Dnta and U,S. Cen'iuc;. D.lt.:l
Note: Flollda i;lnd Wac,hington, D,C did not provid~ d:Ha
a given state or county to be arrested for marijuana
possession.
annual surveys of marijuana use over respondents'
Despite the pronounced disparities in arrest rates
lifetime, over the past year, and over the past month. 50
for marijuana possession between Black and
SAMSHA survey data consistently finds that rates
white people demonstrated in this report, rates
of ever use and recent use by race do not significantly
of marijuana use are roughly equal between Black
differ between Black and white populations (see
and white people. The Substance Abuse and Mental
Figure 9 for 2018 usage rates). Therefore, the wide
Health Services Administration (SAMHSA), a
racial disparities in marijuana possession arrest
federal branch of the U.S. Department of Health and
rates cannot be explained by differences in marijuana
Human Services, conducts nationally representative
usage rates between Black and white people.
TABLE 6
Black and White Marijuana Possession Rates
(2010-2018)
The National Landscape
Arrest Rates per 100k
Enormous disparities exist nationwide between
arrest rates of Blacks and whites for marijuana
Black/
Marijuana Black White White possession. Despite using marijuana at similar rates
Possession Arrest Arrest Rate (see Figure 9), Black people are 3.64 times more
Year Arrest Rate Rate Rate Ratio
likely than white people to be arrested for marijuana
2010 250.52 659.06 199.19 3.31 possession. In 2018, 567 Black people per 100,000
2011 229.69 624.43 178.43 3.50 were arrested for marijuana possession, compared to
156 white people per 100,000 (see Figure 10). While
2012 217.79 601.68 168.75 3.57
national arrest rates for marijuana possession have
2013 253.51 625.68 212.55 2.94
fallen for both Black and white individuals since 2010,
2014 199.40 552.13 155.80 3.54 the rate ratio has not improved at all. As detailed in
2015 174.06 459.89 138.90 3.31 Table 6, in 2010, Black people were 3.31 times more
likely to be arrested for marijuana possession than
2016 179.99 477.64 143.42 3.33
whites, and in 2018, they were 3.64 times more likely-
2017 207.44 560.08 160.60 3.49
the greatest disparity ofthe past nine years.
2018 203.88 567.51 156.06 3.64
Source: FBI/Uniform Crime RepOrlll'o Program Daln 'lnrl U.S Censu, Drltd
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 29
Page 43
State and County Landscape two~poPulations, for each state. States are ordered by
the r rate ratio. In 2018, Montana was the state with
the ighest rate of racial disparities between Black
States anlwhite people, with a rate ratio of9.62, indicating
Although overall arrest rates and the extent of tha Black people in that state were 9.62 times more
racial disparities in arrests varied across states, in lik ly to he arrested for marijuana possession than
every single state, Black people were more likely to who epeople.
be arrested for marijuana possession than white
Alt, ough Montana had the greatest racial disparities,
people. Figure 11 displays a map of racial disparities
WYFming had the highest arrest rate for Black people
in marijuana possession arrests by state - darker
specifically (see Figure 12 for the 20 states with
red states have higher arrest rate ratios between
thelhighest Black arrest rates). In 2018, Wyoming
Black and white individuals than lighter red states.
arrested 2,677 Black people out of every 100,000.
The darkest red states (Montana, Kentucky, Illinois,
West Virginia, and Iowa) had the highest racial Ge rgia was the state with the highest overall number
I
disparities in marijuana possession arrest rates in of ~lack arrests for marijuana possession, with
2018 (9.62,9.36, 7.51, 7.31, and 7.26, respectively). 27:t81 arrests in the year 2018 alone (see Appendix,
Ta Ie B for total number of Black marijuana
Table 7 provides the overall marijuana possession po session arrests, by state).
arrest rate, the arrest rates for the Black and white
populations, and the rate ratios between Black and Alt ough racial disparities have decreased in some
white arrests, a measure of the disparity between the sta es since 2010, they have actually worsened in a
FIGURE 11
Black-to-White Rate Ratios for Marijuana Possession rrests by State (2018)
Darker red states have higher rate ratios of arrest betwee Black and
white individuals than lighter red states
WA
OR
CA
AK
HI
Source: FBlfUnlft m Cl m(' Rtportl'lg Program D:'lt) )nri U S Cf'1"I \I Din
Ox 2x 4x 6x 8x 10x Note: Flo/ld1 ~rlrl Va"lilngloi1 D_C :'lId nOl rlOvldp rlat~
30 ACLU Research Report
Page 44
majority of states. In 31 states, racial disparities racial disparities in marijuana possession arrests
were larger in 2018 than in 2010; in 18 states, racial increased by 25% or more (see Figure 13). As shown
disparities were narrower than in 2010.51 In 20 states, in Figure 13, the states with the greatest growth
FIGURE 12
States With Highest Black Arrest Rates for Marijuana Possession (2018)
Per 100k Black people
Wyoming
West Virginia
South Dakota
Utah
North Dakota
South Carolina
Nebraska
Wisconsin
Montana
Idaho
New Jersey
New Mexico
Tennessee
Georgia
New Hampshire
Louisiana
Kentucky
Missouri
Iowa
Virginia
Source: FBI/Uniform Grune Renortlllg Program D~la ,lnn U.S Censu<: Dma
FIGURE 13
States With Largest Increases in Racial Disparities (Since 2010)
Montana
iiiiiiiiiii::~:-••••
New Mexico
Maine
Illinois
Hawai'i
New Hampshire
Wyoming •••••••••
WestKentucky
Virginia :::::::::::.
Vermont
Oklahoma
Delaware
Idaho
Arizona
Rhode Island
Utah
North Dakota
South Carolina
New Jersey
Virginia
0% 25% 50% 75% 100% 125% 150% 175% 200%
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 31
Page 45
TABLE 7
Arrest Rates per 100k
Black and White
Marijuana Possession Marijuana
Black Arrest White Arrest Black/White
Arrests Rates and State Possessitln
Rate Rate Rate Ratio
Disparities by State Arrest R~lte
(2018) Montana 127.62 1064.23 110.60 9.62
Kentucky 141.72 788.34 84.19 9.36
Illinois 43.01 137.84 18.36 7.51
West Virginia 447.32 2516.95 344.26 7.31
Iowa 133.82 776.28 106.90 7.26
Vermont 21.54 126.26 20.83 6.06
North Dakota 332.52 1437.25 260.99 5.51
Minnesota 126.71 536.94 100.02 5.37
Wyoming 592.89 2677.27 515.27 5.20
South Dakota 707.34 2151.53 426.79 5.04
Utah 343.37 1526.97 310.43 4.92
Kansas 80.56 323.84 66.94 4.84
Oklahoma 199.25 719.47 169.62 4.24
Wisconsin 324.37 1125.85 265.58 4.24
Delaware 89.33 222.45 53.57 4.15
Alabama 55.82 128.03 31.01 4.13
New Hampshire 202.10 803.40 195.28 4.11
Massachusetts 4.52 14.76 3.65 4.04
Connecticut 49.85 152.57 37.91 4.02
Maine 54.99 214.84 53.89 3.99
New Mexico 225.71 837.21 210.54 3.98
Idaho 332.16 1026.94 263.83 3.89
Michigan 140.95 373.80 104.06 3.59
Indiana 247.61 712.06 204.01 3.49
New Jersey 369.54 1007.96 292.49 3.45
South Carolina 673.26 1420.68 412.27 3.45
Virginia 314.33 768.01 223.37 3.44
Ohio 248.68 526.73 153.48 3.43
Louisiana 412.48 795.52 237.31 3.35
Rhode Island 37.80 110.17 33.17 3.32
North Carolina 234.85 528.27 162.03 3.26
Tennessee 343.94 820.16 255.09 3.22
Nebraska 409.42 1163.94 379.73 3.07
Arizona 208.75 580.65 190.90 3.04
Nevada 76.65 212.26 69.72 3.04
Pennsylvania 226.52 577.96 190.40 3.04
Georgia 428.81 804.32 271.82 2.96
Mississippi 294.78 478.88 176.39 2.71
Missouri 340.28 780.94 296.38 2.63
New York 287.76 597.59 227.53 2.63
Texas 244.12 561.60 213.99 2.62
Arkansas 322.12 648.46 271.21 2.39
Washington 25.90 52.18 24.44 2.14
Maryland 279.40 470.16 220.74 2.13
Oregon 69.54 130.90 71.74 1.82
California 9.14 18.12 10.00 1.81
Source: FBI. UllltorlTl Cnnle PeIJOrtll1,E! Hawai'i 55.78 130.90 73.42 1.78
Program Dat~ .:Ind U S Cen.:.;;s Data 45.40 1.56
Alaska 53.35 70.82
Note: Florida Jnd W<t •.•...,ni~ton D ( d,,;
ot provide d ::Ita Colorado 82.20 130.51 84.90 1.54
32 ACLU Research Report
Page 46
in racial disparities - Montana, New Mexico, and In 2018,96.1 %of these counties (1,081 counties total)
Illinois - each had an increase in Black-white arrest had a rate ratio greater than one, indicating a higher
disparities of more than 100%(increases of 175.6%, likelihood of arrest for Black people than white
118.7%, and 118.3%, respectively). people. Put another way, in less than 5% of these
counties was the rate ratio equal to or lower than one -
These findings, combined with findings on changes i.e., white people were as likely as or more likely than
in arrest rates from 2010-2018, demonstrate that Black people to be arrested for marijuana possession.
falling arrest rates do not automatically lead to a Figure 14 displays the range of disparities by county-
reduction in racial disparities - in fact, in some in almost all counties (96.1%), Black people were more
states, racial disparities rose even as arrest rates likely than white people to be arrested for marijuana
fell (see Appendix, Table A for changes in racial possession. In a sizable proportion of these counties,
disparities and arrest rates, over time by state). Black people were between two and 10 times more
likely than whites to be arrested for marijuana. They
were up to 20 times more likely to be arrested in a
Counties small number of other counties (see also Figure 14).
The racial disparities found at the state level exist
Table 8 lists the 20 counties with the highest racial
at the county level, as well. In the overwhelming
disparities, or rate ratios, between Black and white
majority of counties across the U.S., Black people arrests for marijuana possession. The highest racial
were more likely to be arrested for marijuana disparities can be found in Pickens County, Georgia,
possession than white people. When ranking county- where Black people were almost 100 times more
level racial disparities, we considered counties with likely to be arrested for marijuana possession than
populations greater than 30,000, greater than 1% white people (rate ratio of 97.22). Carter County,
Black population, and more than 50% data coverage, 52 Tennessee had the sharpest increase in disparities
which contain 81% of the U.S. population. from 2010-2018 - 976.7% (see Table 9). In terms of
FIGURE 14
Distribution of County-Level Black-to-White Rates of Racial Disparities (2018)
Most counties arrested Black people for marijuana possession at 3 to 5 times the rate of white people
200 counties
150
100
50
o 111111•..... _-- -------
1x 10x 20x 30x
Soutce: FBL Uniform Cnm~ ReJJorf,ng Prus'i:S11l Oat.) dnu US Len' IS D,Jtrt
Note: Includes counties wltl, _> :lU,UU!] populdtlon. _"> I t Blal.:K pupulatlon md :> 5(J~ UCR CU\ltH'::I~e.
An adliltlonal e l.Ulll"\tle~ _11thrat", r Jt u ,:"UO/t ;lIlA \'.ert' rt'mo.~d
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 33
Page 47
TABLE 8
Top 20 Counties for Racial Disparities in Marijuana Po session Arrests (2018)
Pickens Georgia 31,243.16 321.38 97.22
DeKalb Alabama 1,159.80 25.57 45.35
Tazewell Illinois 682.21 15.76 43.30
Ozaukee Wisconsin 5,548.04 158.98 34.90
Manitowoc Wisconsin 7,862.33 263.44 29.85
Perry Pennsylvania 21,158.65 746.03 28.36
Washington Wisconsin 6,164.84 227.70 27.07
Washington Ohio 4,477.05 166.34 26.91
Clarion Pennsylvania 4,651.16 181.54 25.62
Medina Ohio 3,166.91 125.82 25.17
Preston West Virginia 11,558.56 463.02 24.96
Putnam West Virginia 5,284.23 213.36 24.77
Peoria Illinois 326.50 13.52 24.16
Waukesha Wisconsin 3,314.30 138.78 23.88
Douglas Nevada 4,969.82 226.80 21.91
Walker Georgia 4,675.58 216.82 21.56
Clinton Michigan 2,867.60 133.26 21.52
Hanover Virginia 5,808.88 280.07 20.74
Wayne Ohio 3,730.71 184.02 20.27
Geauga Ohio 1,519.42 76.55 19.85
Source: FBI/Uniform Cnme Reporlmg Program Data and US. Censu,; Data
Note: Includes countleo:; wilh 30.000 pOptil;Hlon, > 1 BIJ('~ population. 11 IJ;!:-'Ist 21j m;'lrIJuana pI "seSSion alfo'?c,t :md > 50Q.l"., UCR covfC!ra~e
highest overall rate of Black people arrested in 2018, de reased for both Black and white populations, yet
Pickens County, Georgia, leads the counties with th racial disparities in arrest rates persist. In every
a rate of 31,243.16 per 100,000, followed by Perry st te that has legalized or decriminalized marijuana
County, Pennsylvania, with 21,158.65 per 100,000. po I session, Black people are still more likely to be
Lastly, a full one-fourth (5) of the top 20 counties for ar ested for possession than white people.
racial disparities in 2018 were located in Illinois (see
As shown in Figure 15, on average, states that
also Table 8).
le1~lized marijuana possession had lower racial
di parities in possession arrests in 2018 than
st tes where marijuana remained fully illegal, as
States That Legalized or we as states that decriminalized. However, it is
Decriminalized Marijuana no! clear that these lower racial disparities are a
re ult oflegalization, given the fact that the states
Possession
th .t legalized also had lower racial disparities in
As reported in the previous section, the total number th I years prior to legalization. It is worth noting
of people arrested for marijuana possession, and th t, on average, racial disparities in states that
rates of arrests, have decreased in all legalized decriminalized were relatively similar to disparities
states and most decriminalized states. These rates in I tates that were fully illegal (see also Figure 15).
34 ACLU Research Report
Page 48
TABLE 9
20 Counties With Largest Increases in Racial Disparities in Marijuana Possession Arrests
(2010-2018)
County State 2010 2018 Percent Increase
Carter Tennessee 1.29 13.89 976.7%
Washington Virginia 1.34 12.22 811.9%
Isabella Michigan 2.36 14.90 531.4%
Ozaukee Wisconsin 6.20 34.90 462.9%
Santa Fe New Mexico 2.51 13.65 443.8%
Hanover Virginia 3.92 20.74 429.1%
Rogers Oklahoma 1.75 9.13 421.7%
Catoosa Georgia 2.56 13.25 417.6%
Granville North Carolina 2.31 11.69 406.1%
Frederick Virginia 1.37 6.92 405.1%
Schoharie New York 2.44 11.99 391.4%
DeKalb Alabama 9.23 45.35 391.3%
Fannin Texas 1.45 6.95 379.3%
Burnet Texas 1.70 7.88 363.5%
Washington Ohio 6.26 26.91 329.9%
Habersham Georgia 3.60 15.38 327.2%
Delaware New York 3.19 13.48 322.6%
Columbia Wisconsin 2.68 10.98 309.7%
Walworth Wisconsin 3.64 14.83 307.4%
Fauquier Virginia 1.56 6.28 302.6%
Source: FBI/Unlfol m Crim~ Reporting Progrdm Oatcl and U S. Censu~ DatJ
Note: Include";; L.ountlt:!~ 'Jlth ,30.000 POjJuliltion. > 1 BI<lrk POpuldtltJn at least 25 martjudnfJ po.,session Clrresh. In 2U18 cmd :> 50~ UCR cov~raee.
The absolute difference between Black and white FIGURE 15
arrest rates was narrower in legalized states at Times More Likely Black People Arrested for
Marijuana Possession by Legal Status (2010-2018)
the end of the decade than at the beginning, but
racial disparities remain in every legalized state Fully Illegal Before 2018 Decrlml ••• 11zed Before 2018 "",1 Befo •• 2018
and every decriminalized state (see Figures 16
and 17;the red line on state graphs indicates when
legalization or decriminalization occurred). In
some legalized states, the disparities actually got
worse. For example, Maine went from a disparity of
2.1 in 2010 to 4.0 in 2018. In other legalized states,
the disparities did improve, dropping from 4.0
to 3.0 in Nevada and from 2.2 to 1.8 in California, 2010 2018 2010 2018 2010 2018
for example. These results clearly indicate that Source: FBI Ur1lfOlm Crllne RF:'POlt'r1,:> Prol!,ram Ddta and US Cen'l.; D1 iJ
T
neither decriminalization nor legalization of
marijuana possession alone eliminates the research is warranted to better understand why
disproportionate criminalization of Black people these disparities narrowed in some states and
in marijuana regulation and enforcement. Further widened in others.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 35
Page 49
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Conclusion
Findings detailed in this report reveal an uncomfortable truth: While there has been some
progress in scaling back the war on people who use marijuana, it is still wreaking havoc in
much of the U.S. Despite decades of failure, prohibition and punitiveness generally remain
the centerpiece of governments' approach to drug use. Law enforcement continues to
make hundreds of thousands of marijuana possession arrests every year, accounting for
almost half of all drug arrests nationwide. Furthermore, although marijuana possession
arrest rates were lower nationally in 2018 than in 2010, the initial decline of the first part
of the decade appears to have stagnated, or even reversed. As disturbingly, this report also
finds that marijuana enforcement remains as racialized as ever, notwithstanding similar
underlying usage rates. In 2018 - unchanged from 2010 - Black people were still nearly
4 times more likely than white people to get arrested for marijuana possession, despite
similar usage rates.
Our findings indicate that states that legalized or
decriminalized marijuana have enjoyed a reduction
of marijuana possession arrests between 2010 and States that legalized
2018, and a significantly greater reduction than in
states where marijuana remains illegal. Arrests for
or decriminalized
marijuana sales also decreased greatly from 2010 to marijuana have
2018 in states that legalized marijuana. However, it
is also clear from the findings that most jurisdictions have enjoyed
that have enacted progressive marijuana policy have
failed to do so from a foundation of racial justice. As
a reduction
such, though legalization and decriminalization of marijuana
appear to reduce the overall number of marijuana
possession arrests for Black and white people alike, possession arrests.
such laws have not substantially reduced, let alone
eliminated, the significantly larger arrest rates of
Black people.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 37
Page 51
This report also finds that there is wide variation in
marijuana enforcement not only between states, but
also within states, as measured by both the number
of arrests and the attendant racial disparities.
Progress reducing such arrests and disparities over
the past decade also varies significantly. The one
common finding across every state and the vast
majority of counties is that Black people are more
likely to be arrested for possessing marijuana than
white people, regardless of whether possession is
illegal, legal, or decriminalized in their state.
The U.S. has waged a failed, devastating, decades-
long war on drugs, including marijuana, in specific
communities. Rounding up hundreds of thousands
of people every year - millions every decade - for
marijuana offenses, this racist campaign has
caused profound and far-reaching harm on the
people arrested, convicted, and/or incarcerated
for marijuana offenses. It has been a colossal waste
of money and law enforcement resources that has
only deepened the divide between communities and
their governments and increased public hurt rather
than safety. Such harm cannot be undone, but as a
country we can acknowledge, repair, and rebuild so
that our future looks nothing like our prohibitionist
past. It is long past due for the U.S. to end marijuana
prohibition, and to do so in a way that confronts
head-on the stark racial inequities in marijuana
enforcement and grounds legalization in racial
justice.
38 ACLU Research Report
Page 52
Recommendations
As the ACLU recommended in our original report in 2013, the most effective way to eliminate
arrests for marijuana use and possession, and the racial disparities that plague such arrests, is
through marijuana legalization. 53 Iflegalization is not yet achievable, states should, at a minimum,
decriminalize marijuana offenses. Based on the findings from this report, racial equity should
be centered in every aspect of the legalization and decriminalization process. States must also
improve their data collection practices and policies with regard to arrests by race. We cannot
undo the harms perpetuated by marijuana prohibition, but we can chart a smarter, fairer future
that uplifts and repairs the people and communities most harmed by criminalization.
Recommendations at a Glance
For Federal, State, and Local For Law Enforcement Agencies
Governments
• End the enforcement of marijuana
• Legalize marijuana use and possession possession and distribution
• Do not replace marijuana prohibition • End racial profiling by police
with a system of fines, fees, and arrests · Eliminate consent searches
• Grant clemency to or resentence anyone · End the practice of using raw numbers of
incarcerated on a marijuana conviction stops, citations, summons, and arrests as a
and expunge all marijuana convictions metric to measure productivity and efficacy
• Eliminate collateral consequences • Develop systems for the routine collection
that result from marijuana arrests or of accurate data on a range of police
convictions practices
• Ensure new legal markets benefit and • Invest in nonpunitive programs and
are accessible to communities most community-based services and divest from
harmed by the War on Drugs law enforcement
• Ensure marijuana possession and • Develop, secure, and implement strong,
other low-level offense arrests are not independent, and effective oversight
included in performance measures for mechanisms for local law enforcement
federal funding
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 39
Page 53
Federal, State, and Local
Governments It is critical that
states' legalization
1. Legalize marijuana use and
possession. schemes must
The federal government should remove marijuana be equitable and
from the Controlled Substances Act; until it does, it grounded in racial
should not enforce marijuana offenses.
justice.
States should legalize marijuana through a system
of taxation, licensing, and regulation under which
private businesses licensed and regulated by the
hel ensure that racial disparities do not continue
state can sell marijuana. This mode oflegalization
offers numerous benefits; it would largely address
the arrests epidemic and - if centered in racial Further, some states have seen a rise in youth arrests
equity - its attendant racial disparities by removing fotarijuana.6G It is vital that when states legalize
marijuana possession and use from the criminal for adults, they do not continue to criminalize
justice system. Further, it would save cash-strapped yo tho They should also decriminalize marijuana-
state and local governments millions of dollars in reI. ted activities for youth. Instead of the continued
decreased police, jail, and court costs that could be cri~inalization of young people, jurisdictions that
redirected toward repairing the harms of the War on legEze, decriminalize, or depenalize youth offenses
Drugs. sh uld provide alternatives to criminal intervention
su h as drug education programs or community
As a society, we permit the controlled use of alcohol serl .ceoIf drug education programs are provided as
and tobacco, substances that can be dangerous to
an~ternative, they should be scientifically accurate
health and, at times, public safety. We educate society ab ut the harms of drugs and sympathetic toward the
about those dangers and have constructed a system yo ng people in the program who may have used and/
oflaws that allow for the use and possession of these or old drugs.
substances while seeking to protect the public from
their dangers. Particularly given the findings of this
report, states that have not legalized should create 2. Do not replace marijuana
similar systems for legalizing marijuana use and p hibition with a system of fines,
possession. 54 fe s, and arrests.
In addition, while legalization and decriminalization We should not replace a criminal system with fines
significantly lower the overall numbers of marijuana an fees that create a modern-day debtors' prison. It
arrests, some states have seen an even steeper rise is i portant to recognize that replacing marijuana
in the proportion of Black people whose lives are ar 'fsts with fees, fines, or tickets is not an ideal
impacted by a marijuana arrest. 55 This indicates solhtion for a number of reasons. First, the same
that it is critical that states' legalization schemes rac~[.
al disparities that exist nationwide in arrests for
must be equitable and grounded in racial justice. ma ijuana possession would likely be replicated in
The recommendations in this report are vital to cit tions for civil offenses for marijuana possession.
instill equity into the legalization process and to Se ond, the monetary fines that accompany civil
40 ACLU Research Report
Page 54
offenses can place a substantial burden on those fined, nonpayment, penalties should be limited and under
particularly the young, poor, and people of color - all no circumstances should they result in incarceration,
of whom are disproportionately targeted by police. suspension or revocation of driver's licenses,
Third, individuals who are unable to make payments disenfranchisement, extension or revocation of
in a timely fashion, or at all, or who do not appear probation, parole or any other form of supervision, or
in court to answer to the civil charge, are subject to additional monetary penalties. 59 Finally, because of
arrest - often by a warrant squad - which results the discriminatory impact of fines and fees and their
in individuals being brought to court and in some massive impact, outstanding debt for marijuana fines
cases jailed for failing to pay the fines or to appear. In and fees should be forgiven with legalization.
addition to placing significant personal and financial
burdens on the individual, this imposes significant
costs on the state, possibly exceeding the original 3. Include clemency, resentencing,
fine imposed. All fees, taxes, and surcharges that are and expungement processes in
imposed for the purpose of recouping operating costs legalization efforts.
should be repealed.
While progress in reforming our nation's drug laws is
While fees should never be implemented, if fines vital, we must remember that if we legalize marijuana
must be, they should be proportionate, both in terms without righting the wrongs of past enforcement,
of individual income and severity of the offense, we risk reinforcing the decades of disproportionate
and they should impose an equitable burden on harm communities of color have endured. That is why
people regardless of income level. In the case of legalization must come with processes for clemency,
nonpayment, there should be limited penalties for resentencing, and expungement to reflect the change
failure to pay. At a bare minimum, "ability to pay" in law. No one should be incarcerated on a marijuana
hearings should be required before the imposition offense. And having a marijuana conviction on your
of any fines or fees, and any preexisting laws that record can make it difficult to secure and maintain
tie the hands of judges who wish to reduce or waive employment, housing, or secure government
fines should be repealed. For those who cannot pay,
57
assistance for the rest of your life. 60 If we believe that
there should be mechanisms in place for proactively marijuana is not worthy of criminal intervention,
requesting a reduction or waiver based on financial then it is only right we stop the suffering inflicted on
circumstances prior to default. 58 In the case of people by marijuana prosecution, especially since
we know it disproportionately falls on the shoulders
oflow-income communities and communities of
color. Clemency, resentencing, and expungement
Legalization must processes should be speedy, automatic, and provided
at no cost to the person who is being granted
come with processes clemency or resentencing or whose record is being
for clemency, expunged.
resentencing, and Illinois, California, and others have instituted
expungement and resentencing processes
expungement to concurrently with or following legalization, giving us
a model of successful tactics as well as roadblocks to
reflect the change clearing people's records. The categories of offenses
eligible for automatic clemency, resentencing,
in law. or expungement should be wide, and include as
many people and types of offense as possible. This
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 41
Page 55
means ensuring that the burden is placed on the • oss of driver's licenses
government, not the people, to begin the process of
• eportation
expunging marijuana records and granting clemency
and resentencing to people incarcerated or being oss offederal financial aid
punished for marijuana offenses. This process should
be as quick as possible. Every day, week, month, • ans on participation in the marijuana industry
or year that people spend incarcerated or being or those with drug arrests
punished for marijuana offenses or that marijuana • elony disenfranchisement
records are maintained is a day, week, month, or
year that large numbers of people will struggle to
gain employment, housing, education loans, and 5. Implement new legal markets to
others. An expedient process is burdensome but also b nefit communities most harmed
tremendously beneficial. Some localities have found b the War on Drugs.
creative ways to ensure that people are resentenced
or have their records expunged in a timely manner. Th benefits reaped from emerging legal
Cook County, for example, is using Code for America m ketplaces for marijuana should be shared with
to assist in analyzing conviction data to autopopulate the communities most harmed by the War on Drugs.
forms for expungement. g, For all those who are not We have 5een multiple 5tate5 that prevent those with
automatically expunged, the process should be as dr g convictions on their record from participating
quick and cheap as possible. in 1jhelegal marijuana marketplace, therefore
pri~enting those most harmed by marijuana
legrization from the profits and employment
4. Eliminate collateral th t these new markets bring.62 Iflegislatures
consequences that result from or esidents determine that we should no longer
marijuana arrests or convictions. crijinalize marijuana because it is ineffective and
disr~oportionatelY impacts people of color, then those
No person should be denied public benefits or mo t harmed by criminalization should be able to
suffer other collateral consequences due to access the industry.
marijuana use, arrest, or conviction. Collateral
consequences can significantly derail many In ddition, legalization should include licensing for
aspects of a person's life post arrest, conviction, or sumption spaces that are open to the public in
incarceration. As enforcement of marijuana offenses or er to provide space for legal consumption for those
disproportionately falls on communities of color, so wh live in public housing or rental units that do not
too does the brunt of collateral consequences and all w consumption or smoking. This is important,
discrimination on the basis of marijuana use, arrests, beoause iflegalization occurs without providing
co sumption spaces (such as cafes) open to the public,
and conviction.
pejPle who live in rental or public housing have no
The following collateral consequences and pIa e to consume marijuana without risking eviction
discriminatory measures should be eliminated with or riminalization for public consumption.
legalization:
Gi n the history of the War on Drugs and the
• Denial of public benefits based on use, arrests, or de astating harm it has caused communities of
convictions for marijuana col r, it is only just that the tax revenue raised by
the new legal market be put toward repairing these
• Drug tests for benefit eligibility
ha s. Revenue can be invested in communities
• Separation of families in the child welfare system mo t harmed by the drug war through programming
42 ACLU Research Report
Page 56
on people who commit low-level offenses, including
low-level drug users, possessors, and distributors.
The benefits reaped By including marijuana possession arrests and
from emerging legal other low-level offense arrests in performance
assessments of a state's use of federal funds, the
marketplaces should federal government is relying upon an unreliable
measure of law enforcement's ability to increase
be shared with the public safety and reduce the exploitative trafficking
communities most of drugs. Indeed, such arrests reduce neither the use
nor availability of marijuana.
harmed by the War
on Drugs.
Law Enforcement Agencies
that helps to end the collateral harms of marijuana 1. End the enforcement of laws
prohibition, including barriers to employment, and criminalizing marijuana possession
supports small businesses owned and/or run by and distribution.
communities directly impacted by the War on Drugs.
Aggressive enforcement of low-level offenses such
Finally, it is important to create fair licensing as marijuana possession unnecessarily funnels
structures in which the cost of obtaining a license is hundreds ofthousands of people into the criminal
reasonable and accessible to small business owners legal system - primarily young people of color
and to the communities most impacted by the War and particularly Black people. Therefore, police
on Drugs. It should not take an exorbitant amount of departments and municipal government entities
money to be able to profit from the new legal market, should end police enforcement of marijuana
and the communities most impacted by the failed possession and marijuana distribution, as well as
War on Drugs should be able to participate in and a range of other low-level offenses, such as traffic
profit from the emerging industry. infractions and "quality oflife" offenses, and work
to address these issues through measures that do
not employ the criminal legal system. If this is not
6. Ensure marijuana possession possible, police departments and local government
and other low-level offense arrests entities should make these offenses a low priority for
are not included in performance enforcement.
measures of law enforcement
Over the past decade, certain cities, including Seattle
agencies for federal funding.
and San Francisco (prior to legalization), made
Federal government grants, including the Byrne marijuana possession their lowest enforcement
Justice Assistance Grants (or Byrne JAG), should priority.63 Such a policy provides local governments
not include arrest numbers in their performance with additional resources to fund public health,
measures. As long as arrest statistics - which include economic, and education initiatives that address the
any arrest, including any drug arrest - are included social challenges at the root of most criminal offenses.
in law enforcement's performance measures, police
departments are likely encouraged to increase
their arrest numbers by targeting their resources 2. End racial profiling.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 43
Page 57
Racial profiling refers to the act of selecting or
targeting a person(s) for law enforcement contact
(including stop, frisk, search, and arrest) based on Racial profiling
the individual's actual or perceived race, ethnicity,
national origin rather than a reasonable suspicion
or
can lead to the
that the individual has or is engaged in criminal aggressive
activity. Racial profiling includes policies or
practices (such as broken windows policing) that enforcement of
have a disparate impact on certain communities- minor offenses
specifically those of color.
in communities
Police interactions with people should be directed
only toward investigating actual threats to public of color.
safety. However, too often, police stop and search
people of color without substantial evidence of
wrongdoing, based on explicit and implicit biases.
Such racial profiling can lead to the aggressive Fu ther, police departments as well as local and state
go rnments should ban pretextual stops, where
enforcement of minor offenses in communities of
pol ce stop someone - often because of the person's
color, disproportionately and needlessly entangling
race or ethnicity - for a minor infraction, such as
people - particularly young people - in the criminal
a trl ffic offense, as a pretext to investigate other
legal system for offenses that are rarely, if ever,
poslsible crimes. Indeed, marijuana possession is
enforced in more affluent, predominantly white
oft n used as such a pretext.
communities. Police departments should adopt
model racial profiling policies that define racial Poltce departments should investigate all complaints
profiling, prohibit law enforcement from engaging in 1
in thorough and timely manner using their
it, and make clear that it is unconstitutional under the exi1ting resources, if they are not already being
Fomth Amendment.64 handled by a more effective independent oversight
body (more discussion in the later sections), and
A further step that courts and state legislatures imJlement appropriate and proportionate discipline
should take is to raise the level of suspicion required for oncompliance with such policies (including
to stop and briefly detain a person against their will dis issal).
for investigative purposes. The current constitutional
baseline requires a relatively low bar - reasonable
suspicion of criminal activity - for such stopS.65 3. nd the use of consent searches.
Raising this standard to the same standard as a
Co sent searches are defined as searches made
regular arrest- probable cause to believe the person by 1 w enforcement based on the consent of the
is engaged in criminal activity - would significantly ind vidual whose person or property is being
reduce the number of innocent people detained sea ched. Because the legality of the search depends
and reduce the risks of racial profiling. For similar on -fuefact of consent rather than any particular
reasons, courts and state legislatures should consider ev~. entiary showing by the police, police officers use
raising the standard for "frisk" searches during co ent searches to circumvent legal standards that
investigative stops by requiring more than mere req ire most searches to be based on probable cause.
"reasonable belief' that someone is armed to carry out Ho ever, the environment in which they seek consent
a search of their person. IS 1 erently coercive, and most policies do not even
44 ACLU Research Report
Page 58
require officers to notify the person that it is possible and harassment of police; justified frustration and
to refuse consent. They are used overwhelmingly anger toward our criminal legal system, particularly
against people of color, in circumstances where it policing practices; a de-emphasis on true justice and
is doubtful that the officers would have been able to healing, including restorative justice and trauma-
justify the search without the legal fiction of consent. informed responses to harms in communities; and
As such, local governments should ban the use of the funneling of people of color into our criminal legal
consent searches through policies and legislation. system at immense personal cost to individuals and
their families as well as pecuniary cost to taxpayers.
4. End the practice of using raw To move away from evaluating public safety and
police efficacy through arrest numbers, police
numbers of stops, citations,
departments should reduce the reliance on stops,
summons, and arrests as a metric
citations, summons, and arrests and broaden
to measure productivity and
their benchmarks of success, relying instead on
effectiveness. measurements such as community satisfaction with
Evaluating law enforcement agencies and individual law enforcement; number of complaints filed against
officers based on the numbers of stops, citations, law enforcement; rate of racial disparities in arrests;
summons, and arrests does not properly measure and number of serious crimes solved.
public safety and health; it also exerts additional
pressure on police officers and departments
to aggressively enforce criminal laws for low- 5. Develop systems for the
level offenses. Including arrests as a measure of routine collection of accurate
effectiveness and productivity, through COMPSTAT data regarding a range of police
and similar programs, creates an incentive for practices.
police to selectively target and harass poor and
marginalized communities for enforcement oflow- Police should prioritize accountability and
level offenses, as such offenses are committed more transparency by collecting stop, frisk, search,
frequently than serious, harmful crimes. citation, and arrest data; making the aggregate data
publicly available and easily accessible; creating
When officers are subject to arrest goals or quotas, evaluation systems to analyze such data to identify
making arrests for low-level offenses is the easiest and address racially biased and harmful practices
way to meet these requirements because they are low- and policies; and developing strategies and tactics
resource and less time-intensive than investigating that eliminate any form of racial disparities in
serious crimes. By relying heavily on numbers enforcement practices.
of stops, citations, summons, and arrests, police
departments squander their resources on low-level Whether or not a citation is issued or an arrest is
offenses. This increases arrest statistics and can made, the police officer must document the following
make departments appear productive and highly information (in addition to providing the data, time,
active, while discouraging police from reporting and and location of the stop as a "receipt" to anyone they
solving more serious crimes. Further, the pressure stop or search):
on police officers to "make their numbers" results in
• The demographic information of the individual
aggressive stops and searches that often fail to meet
stopped (including race, national origin, ethnicity,
constitutional requirements and lead to arrests for
age, disability, and gender) and the date, time, and
minor offenses, including marijuana possession. The
location of the stop
end results are that overpoliced communities are not
made safer but rather harmed by the routine presence • The duration and reason for the stop
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 45
Page 59
• Whether a search was conducted and for what ho sing, schools, jobs, public health, and violence
reason pr vention programs) that help build stable, safe
co munities rather than furthering harm by
• Whether and what type of contraband was
reI ing on punitive interventions. State and local
recovered
g01ernments spend over $100 billion a year on their
• The outcome of the encounter (summons ,citation , la,,[ enforcement agencies. The federal government
warning, arrest, no action) su~plements funding costs by giving out billions of
do~ars' worth of grants to law enforcement agencies
• The identification of the officers involved thr ugh DOJ programs such as Byrne JAG. 66 Police
To guarantee statewide uniform arrest and citation sh uld not be given unfettered discretion to redirect
documentation, state legislatures should require the money saved from halting the enforcement of
all police departments (municipal and state) to low:level offenses toward other types of enforcement;
electronically record information regarding stops, ins ead, DOJ should mandate that local governments
frisks, searches, citations, and arrests by locality, an~dthe ~olice put such resources toward nonpunitive
race, national origin, ethnicity, age, and gender, an pubhc health programs that benefit public
share the information with a central state agency, sa£ ty through measures unrelated to the criminal
and publish the data in quarterly reports (on their leg 1system. As such, local, state, and federal
website and in print so it is accessible to everyone in go ernments should work with community member:;;
the community). Personally identifiable information to 1 mit the role of police in communities of color and
about the individual stopped should not be recorded, .rect these funds to other services so jurisdictions
so as not to violate the individual's right to privacy. ca appropriately and adequately address economic,
The reports should be easily searchable. Such he th, and social problems at their root in ways
transparency will provide the public - community tha strengthen rather than sabotage impacted
members, activists, local and state policymakers, co munities.
criminologists, lawyers, academics, the media, etc. -
with a meaningful empirical basis for determining
whether any demographics have been targeted and
to raise concerns and propose policy solutions. This
would provide more objective and understandable
information for assessing public safety; inform Local, state,
discussions about the nature and appropriateness
of police practices and police resources; promote and federal
community safety, trust, and autonomy; and better
ensure accountability of police departments and
governments
individual officers. should work
with community
6. Invest in nonpunitive programs
and community-based services
members to limit
rather than the criminal legal the role of police
system.
in communities
Since the 1980s, the amount of money spent on the
criminal legal system has dramatically outpaced
of color.
expenditures on community services (such as
46 ACLU Research Report
Page 60
7. Implement strong, independent,
and effective oversight mechanisms
for local law enforcement.
A range of government entities on the municipal,
state, and federal levels should work to develop
external oversight agencies that conduct regular
audits and review of police departments and practices,
including marijuana enforcement and racial
disparities in such enforcement and enforcement
more broadly. 67 These agencies could take the form
of independent prosecutors, inspectors general,
independent and strong community oversight
boards, or some combination of the three. That
said, community oversight is especially important,
because it ensures the community has autonomy to
oversee and hold law enforcement accountable, as
is appropriate in a democratic society where public
servants serve the people. Any external oversight
agency should regularly analyze data regarding a
police department's stops, frisks, searches, citations,
and arrests to assess whether there are any racial
disparities in enforcement practices and policies.
Their analyses and findings should be made available
to the public. They should also be given the power to
review and implement policies that are not subject to
a unilateral veto by the mayor, police commissioner,
or police chief.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 47
Page 62
ALABAMA ACLU
2018 SUMMARY
Black people were
Alabama ranks Arrests for the possession of
marijuana made up
16th
in the nation for largest racial
.1x
more likely than white
20%
of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests· compared todmi¥iWiU"for Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ot er Clrugarrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 4.13x
2010 3.54x
200 100 o 100 200
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties with.ttgrnr:@.f!U!mabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
1. DeKalb 1.160 45.35x
126
.55 12.84x
2. Lee
4
3. Baldwin 8.55x
135
181
4. Marshall 7.03x
he
5. Tuscaloosa 6.93x
.75
Arrests per 100k
Page 63
ALASKA ACLU
2018 SUMMARY
Black pee
Alaska ranks Arrests for the possession of
1.
marijuana made up
48th 34%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for
people to be · rrested the state +
marijuana possession
for marijuana p ssession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
-,.".,.""S,..t=S compared to@mi¥ih@§for S atewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people t all otlier ilrug arrest rates, per 100k people
Black people x
times more likely I legalized
to be arrested I
2018 71 1.56x
2010 510 2.11x
600 300 o 300 600
Arrests per 100k
2010 2012 2014 2016 2018
BY THE BOROUGH
All boroughs withh;t4E1IHt1ebnOmabove the B roughs with the largest racial disparities
national average (3.64x) B, roughs with a pop. of >20,000, a Black pop. of >1%, a data coverage
o >50% and at least 10 marijuana possession arrests are included.
White Rate Black Rate
Black people x
times more likely
to be arrested
1.Juneau City
& Borough
•
73
2. Anchorage 2.03x
unicipality
1.39x
Arrests per 100k
Boroughs with missing data are striped.
Page 64
ARIZONA ACLU
2018 SUMMARY
Black people were
Arizona ra n ks Arrests for the possession of
3x
marijuana made up
34th 43%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of .•• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared totMffii¥lhM§for Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all otl1er dru arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 581 3.04x
2.29x
2010 705
500 o 500
Arrests per lOOk
BY THE COUNTY
All counties withltt4E1IHMo$lmmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_White Rate _ Black Rate Black people x
times more likely
to be arrested
_______ 4.14x
""'1,~7~lI.I3
1. Mohave
2. Navajo 4.1 Ox
Ell
508
3. Maricopa 3.89x
.131
518
4. Pinal 3.63x
.143
5. Yuma 3.56x
Arrests per 100k
Page 65
ARKANSAS ACLU
2018 SUMMARY
Black people were
Arkansas ranks Arrests for the possession of
2. x
marijuana made up
42nd 49%
in the nation for largest racial of all drug arrests in
disparities in arrests for the state t
marijuana possession
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack ar ests compared tor;!]5UilhMfflfor S tewideGi!UJ.m.i.ti1¥MMbarrest rates compared
marijuana possession, per 100k people to all other drug arrest rates, per 100k people
Black people x
times more likely
to be arrested
3
2018 648 2.39x
2
2010 517
3.09x
400 o 400
O~ _
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withltil4t1'1r:@o§Imttlabovethe C unties with the largest racial disparities
national average (3.64x) C ,unties with a pop. of >30,000. a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
1.375
.,5, 9.11x
1.624
2. Pope
•• 5.32x
--
1.475
3. Craighead 4.88x
II!!D
2,067
4. Washington 4.73x
791
•• .,68
5, Lonoke 4.72x
Arrests per 100k
Counties with missing data are striped.
Page 66
CALIFORNIA ACLU
2018 SUMMARY
Black people were
California ranks Arrests for the possession of
1.8x
marijuana made up
46th 2%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared toltffiiiWMfflfor mari"uana ossession arrest rates compared
marijuana possession, per 100k people u arrest rates, per 100k people
Black people x
I
times more likely 600 I Legalized
to be arrested I
480
2018 18 1.B1x
360
2010 2.17x 240
'"
120
400 200 o 200 400 I
Arrests per lOOk 0 • •
I
• • •
2010 2012 2014 2016 2018
BY THE COUNTY
Counties with the largest racial disparities
Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
________ 45•••
3 8.03x
1. Siskiyou
2. Shasta
•• 6.42x
3. Contra Costa
.32
I6
5.42x
4. Humboldt 5.05x
5. Alameda
.30
h
4.09x
Arrests per lOOk
Page 67
COLORADO ACLU
2018 SUMMARY
Black peop e were
Colorado ranks Arrests for the possession of
1.
marijuana made up
49th 25%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for people to be rrested the state-+
marijuana possession
for marijuana p ssession-+
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared tolt;!l5i'¥lhMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all other drug arrest rates, per 100k people
Black people x
I
times more likely I Legalized
to be arrested I
2018 1.54x
2010 407 1.84x
500 250 o 250 500
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withltl4E1I'i@·Smtmabovethe C unties with the largest racial disparities
national average (3.64x) C unties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
335
-.m
1. efferson 3.75x
265
-
2. 3.74x
149
3. 2.49x
4. 2.24x
5. 2.03x
~
Arrests per 100k
Page 68
CONNECTICUT
2018 SUMMARY
*
Black people were
Connecticut ranks Arrests for the possession of
4x
marijuana made up
19th 21%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for the state .•.
people to be arrested
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared tot!Mffii¥ihMfflfor StatewideGillbl!!iid.I.M14l4tM1arrest rates compared
marijuana possession, per 100k people to all ottier (lrug arrest rates, per 100k people
Black people x
times more likely 300 : Decriminalized
to be arrested
240
2018 4.02x
180
3.75x 120
2010 701
60
500 o 500
o
Arrests per 100k ~----~------------------------------------
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withUitMnrHM.fImmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
--
'67
1. New London 9.06x
III
229
2. Tolland 8.78x
'45
3. Litchfield 6.32x
'23
4. Middlesex 4.45x
••
'52
5. Fairfield 4.12x
Arrests per 100k
Page 69
DELAWARE. ACLU
2018 SUMMARY
Black peop e were
Delaware ranks Arrests for the possession of
15th
in the nation for largest racial
4.
more likely than white
marijuana made up
23%
of all drug arrests in
disparities in arrests for people to be a rested the state +
marijuana possession
for marijuana p ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tot!:!]5h¥lhMfflfor Statewide marijuana ossession arrest rates compared
marijuana possession, per 100k people to IIother rug arrest rates, per 100k people
Black people x
1
times more likely I Decriminalized
to be arrested 1
2018 4.15x
3.00x
2010 615
400 o 400
Arrests per 100k 2012 2014 2016 2018
2010
BY THE COUNTY
Allcounties withlf14rnr:@¥Untt1above the C unties with the largest racial disparities
Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
national average (3.64x)
of 50%, and at least 25 marijuana possession arrests are included.
White Rate _ Black Rate Black people x
times more likely
to be arrested
360
"'•• '=""' ••••-------------- 5.38x
305
4.42x
3. New Castle II 3.92x
Arrests per 100k
Page 70
GEORGIA ACLU
2018 SUMMARY
Black people were
Georgia ra nks Arrests for the possession of
3x
marijuana made up
37th 52%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of ....•indicates increase
or decrease since 20'0.
ARRESTS OVER TIME
Rates of ac arrest compared toHl5h¥ihMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier Cirugarrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 804 2.96x
2.92x
2010
500 o 500
Arrests per lOOk 2010 2012 2014 2016 2018
BY THE COUNTY
All counties with.tt4E1r;@·eWlmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
31.243
1. Pickens 97.22x
I 321
4.66
2. Walker 21.56x
217
2.941
3. Jackson 16.96x
173
4.456
4. Habersham 15.38x
1290
.1,455
5. Catoosa 13.25x
110
Arrests per lOOk
Counties with missing data are striped.
Page 71
HAWAI'I ACLU
2018 SUMMARY
Black peop e were
Hawai'i ranks Arrests for the possession of
1.8x
marijuana made up
47th 34%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for the state •.
people to be a rested
marijuana possession
for marijuana p ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared toe5ii¥ihMfflfor St tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to II other Clrugarrest rates, per 100k people
Black people x
times more likely 200
to be arrested
160
2018 1.78x
120
2010 O.98x
200 100 a 100 200
Arrests per 100k
2012 2014 2016 2018
BY THE COUNTY
All counties with.iit4E1IH!01.mmmabove the C~unties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a data coverage of >50% and at least
25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
708
----------' 4.05x
104
2.29x
Counties with missing data are striped. Arrests per lOOk
...i'vt Hawai'i decriminalized marijuana possession in 2019. More recent data is
~ needed to analyze trends since the enactment of the recent law.
Page 72
IDAHO ACLU
2018 SUMMARY
Black people were
Idaho ranks Arrests for the possession of
.9x
marijuana made up
22nd 49%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for the state-+
people to be arrested
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared toeffiijW4Uifor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier Clru .arrest rates, per 100k people
Black people x
times more likely 400
to be arrested
320
2018 1,027 3.89x
2010 2.85x
240
160
= : : :
80
1,000 500 o 500 1,000
0
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties with'fIM1r;@o6IHtmabovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a data coverage of >50% and at least
25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
2.721
1. Madison 13.21x
2. Bonner 7.41x
3. Kootenai 6.19x
725
4. Bingham 5.73x
.127
••
'!!!!!!!"",... '.500
5. Nez Perce 4.50x
Arrests per 100k
Page 73
ILLINOIS
2018 SUMMARY
* ACLU
Black peop e were
Illinois ranks Arrests for the possession of
7.5x
marijuana made up
3rd 16%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be ~rrested the state +
marijuana possession
for marijuana p ssession t
Direction of ....•indicates increase
or decrease since 2010.
ARRESTS OVER TIME
==~,....,.re="",scompared toI!:!]5U¥WM§for tewide marijuana ossession arrest rates compared
marijuana possession, per 100k people II other drug arrest rates, per 100k people
Black people x
times more likely
20
to be arrested
7.51 x
2018
12
3.44x
2010 448
4
500 250 o 250 500
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withIfWnr:@·EWfmabove the C ' unties with the largest racial disparities
Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
national average (3.64x)
of 50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
682
1. lTazewell 43.30x
116
2. 24.16x
114
700
3. hiteside 19.56x
.36
4.
5.
121
Counties with missing data are striped . Arrests per 100k
.•...6...• Illinois legalized marijuana
possession in 2019. More recent data is
...••• needed to analyze trends since the enactment of the recent law.
Page 74
INDIANA ACLU
2018 SUMMARY
Black people were
Indiana ranks Arrests for the possession of
3.5x
marijuana made up
24th 45%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be arrested the state +
marijuana possession
for marijuana possession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tol!ilffii¥W41fflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all otlier Cirugarrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 3.49x
2010 3.73x
500 o 500
Arrests per 100k 2010 2012 2014 2016 2018
BY THE COUNTY
All counties withl6lM'!1IHtioflmmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
2.309
1. Boone 17.96x
.129
2,303
2. Shelby 12.48x
.185
l,4CM
3. Hamilton 11.48x
.122
4. Hancock 11.10x
5. Delaware 8.44x
.111
Arrests per 100k
Page 75
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paJudwo:» salUJ lSaJJUuo!ssasso uuun.!JUW ap!MalelS JOJq"'
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t 8lelS 84l pa~sa.l.l aq o~ aldoad JO} SlS8JJe U! S8!Weds!P
U! SlS8JJe l3nJP lie }O a~!IIM u 4+l\la>l!1 a.low le!oeJ lS8l3Jel JO} UO!leU 84l U!
%99
dn 8pew euenfpew
}O uo!ssassod 84l JO} SlS8JJ\if
a..laM a doad lI:>elB
AHVll\lll\lnS 8~O~
YMOI
Page 76
KANSAS ACLU
2018 SUMMARY
Black people were
Kansas ranks Arrests for the possession of
4.8x
marijuana made up
12th 52%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be arrested the state t
marijuana possession
for marijuana possession t
Direction of ...• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrest compared tomffi;SWMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier Clru arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 324 4.84x
2010 500 4.32x
500 250 o 250 500
Arrests per 100k
BY THE COUNTY
All counties withItiI4mr:@.fi!Umabovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
-
1. Lyon 1,129 15.38x
.73
1,055
2. Cowley 9.14x
735
3. Reno 8.66x
II
-
4. Harvey 7.84x
I!!I
925
5. Ford 7.58x
Arrests per lOOk
Counties with missing data are striped.
Page 77
KENTUCKY ACLU
2018 SUMMARY
Black peop e were
Kentucky ranks Arrests for the possession of
marijuana made up
2nd 20%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for people to be arrested the state +-
marijuana possession
for marijuana p ssession tI
Direction of .•• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Blac a ests compared toMffii¥ihMfflfor tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people II other drug arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 788 9.36x
5.85x
500 o 500
Arrests per 100k 2014 2016 2018
2012
BY THE COUNTY
All counties withlfl4rt1r*1·ennrnabove the C unties with the largest racial disparities
Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
national average (3.64x)
of 50%, and at least 25 marijuana possession arrests are included.
Black Rate Black people x
times more likely
to be arrested
1.905
l4.36x
.,33
9.44x
3. lDaviess 8.l7x
l
4. oPkins 8.l0x
7.80x
Arrests per 100k
Page 78
LOUISIANA ACLU
2018 SUMMARY
Black people were
Louisiana ranks Arrests for the possession of
3.4x
marijuana made up
29th 51%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for the statet
people to be arrested
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Blac a est compared tollMffii¥lh41mfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier Clrugarrest rates, per 100k people
Black people x
times more likely
to be arrested
400
2018 796 3.35x
300
2010 673 3.29x 200
100
500 o 500
o
Arrests per lOOk
BY THE PARISH
Parishes with the largest racial disparities
Parishes with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
,._
1. East Bato n
••
1,135
7.01x
Rouge
2. Acadia
•.., 6.08x
.89
3. St. Bernard '8' 5.96x
I 30
-
_____ '"..29••' 5.94x
4. Natchitoches
~ ~
5. Beauregard 5.82x
Arrests per lOOk
Parishes with missing data are striped.
Page 79
MAINE ACLU
2018 SUMMARY
Black peop e were
Maine ranks Arrests for the possession of
4
marijuana made up
20th 20%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for people to be a rested the state +
marijuana possession
for marijuana p ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of ack ar s compared tor;!]m(¥lhMtuor tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to IIother drug arrest rates, per 100k people
Black people x I
times more likely I Legalized
to be arrested
I
I
2018 3.99x
2010
500 250 o
Arrests per lOOk
250 500
2.09x
2010 2012 2014
\: 2016 2018
BY THE COUNTY
All counties withlti4F!1"@·eWtmabove the C unties with the largest racial disparities
national average (3.64x) Co nties with a pop. of >30,000, a data coverage of >50% and at least
25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
l'jrk .69 _~ .::.::83~5 12.19x
2. omerset 6.28x
3. ennebec 4.77x
4'lenobscot
5. Oumberland
••
.48
142
3.52x
2.95x
Arrests per lOOk
Page 80
MARYLAND. ACLU
2018 SUMMARY
Black people were
Maryland ranks Arrests for the possession of
2.1x
marijuana made up
44th 50%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for the state,J.
people to be arrested
marijuana possession
for marijuana possession ,J.
Direction of ...• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of a rests compared toM5j(¥lhMijfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier drug arrest rates, per 100k people
Black people x
times more likely 500 : Decriminalized
to be arrested
400
2018 470 2.13x
300
2010 782 2.B1x 200
100
500 o 500
Arrests per 100k 0
2010 2012 2014 2016 2018
BY THE COUNTY
Counties with the largest racial disparities
Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
1. Queen ________ ....;5""19=8 8.75x
Anne's 1m
-
732
2. Carroll 6.91x
1106
~_--,,4.080
3. Cecil 6.82x
4. Frederick 6.01x
.272
5. Allegany 5.62x
.294
Arrests per 100k
Page 81
MASSACHUSETT ACLU
2018 SUMMARY
Black peop e were
Massachusetts ranks Arrests for the possession of
4
marijuana made up
18th 3%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for
people to be arrested the state +
marijuana possession
for marijuana p ssession t
Direction of --. indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Blac arrests compared toMmi¥ih4U'for tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people II other Cirugarrest rates, per 100k people
Black people x o
times more likely 20 Legalized
to be arrested
2018 4.04x
2010 3.41x
100 50 a 50 100
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withlti!4mr:@·@tmabovethe C unties with the largest racial disparities
national average (3.64x) CoJmties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of r50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
-- 15
6.46x
-
22
6.27x
3.61x
-
23
•••• --------....:;.;:." 3.29x
6
2.01x
Arrests per 100k
Page 82
MICHIGAN ACLU
2018 SUMMARY
Black people were
Michigan ranks Arrests for the possession of
3.6x
marijuana made up
23rd 47%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +-
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of ck arrest compared tol!\!]mi¥1h4Uifor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all otlier drug arrest rates, per 100k people
Black people x
times more likely 200
to be arrested
160
2018 3.59x
120
2010 3.27x 80
500 250 o 250 500 40
Arrests per lOOk o
~-----------------------------------------
2010 2012 2014 2016 2018
BY THE COUNTY
Counties with the largest racial disparities
Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate
'•r~•
Black Rate Black people x
times more likely
to be arrested
2,868
1. Clinton 21.S2x
.133
J •• If
• •• • 2. Bay
162
17.40x
•••r. 3. Allegan
2,759
14.91x
..... "
.185
.•.••• ~
'-:.
••• -== I
II •••-.!!I.,!!!I
.• ••• r
"..a..•. Michigan legalized marijuana possession in 2018. More recent data
4. Isabella
5. St. Clair
198
181
1,456
1,183
Arrests per lOOk
14.90x
14.63x
~ is needed to analyze trends since the enactment of the recent law.
Page 83
MINNESOTA. ACLU
2018 SUMMARY
Black peop e were
Minnesota ranks Arrests for the possession of
marijuana made up
8th
in the nation for largest racial more likely th n white
35%
of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana p(])ssession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tolt'lffii¥ihMijfor St tewide mari'uana ossession arrest rates compared
marijuana possession, per 100k people to II other ilrug arrest rates, per 100k people
Black people x
times more likely 300
to be arrested
240
2018 537 100 S.37x
180
2010 828 104 7.94x 120
:
60
500 o 500
0
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withl{lgrnr:@ofi\mmabovethe C unties with the largest racial disparities
national average (3.64x) Co~nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
0if J50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
1. oodhue • 2,362 11,19x
8.47x
3. ~t. Louis 8.26x
377
4. Jamsey 7.13x
153
7.07x
Arrests per 100k
.•.(\d Minnesota eliminated the punishment of imprisonment for a first offense of possession 0 certain amounts of marijuana in 1976.
~ However, it continued to classify marijuana possession as a crime, and in some cases mai tained harsher criminal penalties.
Page 84
MISSISSIPPI. ACLU
2018 SUMMARY
Black people were
Mississippi ranks Arrests for the possession of
2.7x
marijuana made up
38th 44%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be arrested the state +
marijuana possession
for marijuana possession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrest compared toC5h¥IhMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all otlier drug arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 479 2.71x
2010 547 3.09x
600 300 o 300 600
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withlf14E1IHMo§!mmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_White Rate Black Rate Black people x
times more likely
to be arrested
- 2.207 10A9x
1. Hancock
2. Madison 5.21x
.119
315
3. DeSoto 4.58x
169
4. Rankin 4.51x
1,'187
5. Harrison 4.44x
Arrests per lOOk
"A, Mississippi eliminated the punishment of imprisonment for a first offense of possession of certain amounts of marijuana in 1978.
~ However. for larger amounts and multiple offenses. it continued to classify marijuana possession as a crime. and in some cases
maintained criminal penalties. including imprisonment.
Page 85
MISSOURI
2018 SUMMARY
* ACLU
Black peop e were
Missouri ranks Arrests for the possession of
39th
in the nation for largest racial
2. x
more likely th n white
marijuana made up
50%
of all drug arrests in
disparities in arrests for people to be arrested the state +-
marijuana possession
for marijuana p ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared to(!\!jffii¥WMfflfor tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to II other Clrugarrest rates, per 100k people
Black people x
times more likely I Decriminalized
I
to be arrested I
2018 781 2.63x
2010 786
2.52x
500 o 500
Arrests per lOOk 2018
2012 2014 2016
BY THE COUNTY
C unties with the largest racial disparities
. ~' .•
Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included .
_ Black Rate Black people x
times more likely
• • .-
to be arrested
.••
I.lr
.,
··..,~Ir 1. J ,hnson
1261
10.73x
10.43x
••••••••
2. Uincoln
1181
7,237
•.,. •_-
3. fayette 10.33x
_ ...
_700
••• JlI iiI.\ 8.00x
6.90x
.503
Arrests per 100k
Missouri eliminated the punishment of imprisonment for a first offense of possession of marijuana, however
it continues to classify marijuana possession as a crime, and in some cases maintain criminal pe lalties.
Page 86
MONTANA ACiU
2018 SUMMARY
Black people were
Montana ranks Arrests for the possession of
9.6x
marijuana made up
1st 45%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be arrested the state '"
marijuana possession
for marijuana possession t
Direction of .•• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tol!:!]5hOOlhM§for mari"uana ossession arrest rates compared
marijuana possession, per 100k people arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 111 9.62x
2010 131 3.49x
1,000 500 o 500 1,000
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withlt14Fi1r:@.eWtmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a data coverage of >50% and at least
25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
2,174
I .,20
1. Gallatin 18.15x
1.995
2. Yellowstone .,43 13.99x
•
867
3. Missoula 11.52x
175
Counties with missing data are striped.
• 4. Flathead
5. Ravalli
.,22
In
Arrests per lOOk
S.17x
7.34x
Page 87
NEBRASKA. ACLU
2018 SUMMARY
Black peop e were
Nebraska ranks Arrests for the possession of
marijuana made up
33rd 48%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana p I ssession +
Direction of ....• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tol!:!]Mi¥WMfflfor St tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to) II other CIug arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 1,164 3.07x
4.40x
2010 1,711
1,000 o 1,000
Arrests per lOOk 2010 2012 2014 2016 2018
BY THE COUNTY
All counties withIM4MI'i@.eWtmabove the C unties with the largest racial disparities
Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
national average (3.64x)
of 50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
542
1. Buffalo 8.93x
161
2,040
2. dams 8.51x
.240
3353
-
3. 6.84x
EmI
2360
4. 6.43x
2.036
5. n.incoln 6.21x
_328
Arrests per 100k
~
1
Nebraska decriminalized first offenses of possession of certain amounts of marijuana in 19 9.
However,for larger amounts and multiple offenses, it continued to classify marijuana poss ssion
as a crime, and in some cases maintained criminal penalties, including imprisonment.
Page 88
NEVADA ACLU
2018 SUMMARY
Black people were
Nevada ranks Arrests for the possession of
3x
marijuana made up
35th 20%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession +
Direction of .•• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared to@mi¥IhMflUor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottler drug arrest rates, per 100k people
Black people x
times more likely 900 Logollzed
to be arrested
720
2018 212 3.04x
540
4.00x 360
2010 1,408
180
1,000 o 1,000
o
Arrests per 100k ~------------------------------~-----------
2010 2012 2014 2016 2018
BY THE COUNTY
All counties with.tii4F11r:@·$Wfmabovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_White Rate Black Rate Black people x
times more likely
to be arrested
4,970 21.91x
1. Douglas
.227
2. Lyon 13.19x
.147
2,148
3. Elko 11.31x
.190
416
4. Washoe 4.76x
1s7
.188
5. Clark 3.50x
I 54
Arrests per 100k
Page 89
NEW HAMPSHIR I
ACLU
2018 SUMMARY
Black peop e were
New Hampshire ranks Arrests for the possession of
4.1x
marijuana made up
17th 43%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be ~rrested the state +
marijuana possession
for marijuana p ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tor;!]ffi;¥h2Mfflfor tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people II ottier Clrugarrest rates, per 100k people
Black people x
times more likely IOecrlm.
to be arrested
2018 803 4.11x
24
2.49x
2010
500 o 500
Arrests per 100k 2010 2012 2014 2016 2018
BY THE COUNTY
All counties withlfi4Mrt@.@rfmabove the C unties with the largest racial disparities
national average (3.64x) Co nties with a pop. of >30,000, a data coverage of >50% and at least
25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
2.058
13.15x
.157
6.70x
_______ ---'2"".9"""18 6.04x
346
5.95x
I58
5.28x
Arrests per 100k
Page 90
NEW JERSEY ACLU
2018 SUMMARY
Black people were
New Jersey ra nks Arrests for the possession of
3.5x
marijuana made up
25th 55%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the statet
marijuana possession
for marijuana possession t
Direction of ....• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrest compared toi]miilhMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier dru arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 1,008 3.4Sx
2010 2.81x
1,000 500 o 500 1,000
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withUI4E1I'i@.§WU11abovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_White Rate Black Rate Black people x
times more likely
to be arrested
1. Hunterdon 9,218 13.71x
.672
1.861
2. Ocean 9.34x
I 199
2,493
3. Morris 7.74x
1322
4. Warren 7.57x
.341
5. Cape May 6.45x
.726
Arrests per lOOk
Page 91
NEW MEXICO ACLU
2018 SUMMARY
Black people were
New Mexico ranks Arrests for the possession of
4
marijuana made up
21st 54%
more likely th n white
in the nation for largest racial
disparities in arrests for 1
people to be ~rrested
of all drug arrests in
the state t
marijuana possession
for marijuana p0ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tot'lm(¥W;U"or mari"uana ossession arrest rates compared
marijuana possession, per 100k people g arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 837 3.98x
2010 1.82x
500 o 500
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
C unties with the largest racial disparities
Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
________ --"7""18"-12 13.65x
.526
5.84x
3.96x
3. LI a
4'iona Ana 2.44x
643
5. tero 2.42x
.266
~ New Mexico decriminalized marijuana possession in 2019. More recent data is Arrests per 100k
~ needed to analyze trends since the enactment of the recent law.
Page 92
NEW YORK ACLU
2018 SUMMARY
Black people were
New York ranks Arrests for the possession of
2.6x
marijuana made up
40th 54%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state"l.
marijuana possession
for marijuana possession "l.
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack rrests compared tol!M5h¥IhMfflfor StatewideGi!hmEilil.i.ti14!4fffl1arrest rates compared
marijuana possession, per 100k people to all ottier Clrugarrest rates, per 100k people
Black people x
times more likely
to be arrested 600
2018 228 2.63x 480
360
4.73x
2010 240
1,000 500 o 500 1,000 120
Arrests per 100k
O~ _
2010 2012 2014 2016 2018
BY THE COUNTY
All counties with.tit4E1IHt1·mmmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
4.499
1. Steuben 19.07x
.236
354
2. Richmond 18.63x
19
5.328
3. Tioga 18.48x
.288
182
4. Bronx 17.47x
10
276
5. New York 16.83x
16
Arrests per lOOk
~ New York decriminalized marijuana possession in 2019. More recent data
~ is needed to analyze trends since the enactment of the recent law.
Page 93
NORTH CAROLIN ACLU
2018 SUMMARY
Black peop e were
North Carolina ranks Arrests for the possession of
x
marijuana made up
31st
in the nation for largest racial
•
more likely th n white
53%
of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana p ssession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black s compared toeffii¥ihMfflfor tewide marijuana ossession arrest rates compared
marijuana possession, per 100k people II other drug arrest rates, per 100k people
Black people x
times more likely 40
to be arrested
2018 528 3.26x
24
2010 533
3.34x
600 300 o 300 600
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withltii4E1r:@·mmmabovethe C unties with the largest racial disparities
national average (3.64x) Co~nties with a pop, of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
White Rate _ Black Rate Black people x
times more likely
to be arrested
•""",.....3-44----~----""'4,""05""'3 11.79x
512
ranville 11.69x
144
_______ ..",,;;c3,135
11.26x
• 278
11.23x
1,892
dkin 9.57x
.198
Counties with missing data are striped. Arrests per lOOk
...f'L"
North Carolina eliminated the punishment of imprisonment for possession of certain amou~ts of marijuana in 1977.
-<i;? However, it continued to classify marijuana possession as a crime, and in some cases main ained criminal penalties.
Page 94
NORTH DAKOTA ACLU
2018 SUMMARY
Black people were
North Dakota ranks Arrests for the possession of
5.5x
marijuana made up
7th
in the nation for largest racial more likely than white
47%
of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of ...• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared tot:!]rni¥lhMtJfor Statewide mari'uana ossession arrest rates compared
marijuana possession, per 100k people to all otlier ilrug arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 1,437 5.51x
4.40x
2010
1,000 o 1,000
Arrests per lOOk 2010
BY THt;· COUNTY
All counties with. fl4Mr: IM.fIUmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
1. Morton 9.57x
.215
--
2. Cass 6.58x
.174
3. Burleigh 3,69 5.40x
4. Grand Forks 4.91x
.245
655
5. Ward 3.97x
.165
Arrests per 100k
~ North Dakota decriminalized marijuana possession in 2019. More recent
~ data is needed to analyze trends since the enactment of the recent law.
Page 95
OHIO. ACLU
2018 SUMMARY
Black peop e were
Ohio ranks Arrests for the possession of
marijuana made up
28th 50%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for
people to be arrested the state t
marijuana possession
for marijuana p I ssession +
Direction of _. indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tolt5h¥WMfflfor tewide marijuana ossession arrest rates compared
marijuana possession, per 100k people II other Clrugarrest rates, per 100k people
Black people x
times more likely 50
to be arrested
400
2018 527 3.43x
300
2010 538 3.85x 200
600 300 a 300 600 100
Arrests per 100k OL_ _
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withlii!§S1rHM.mmmabove the Cqunties with the largest racial disparities
national average (3.64x) co,l nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
4.477
shington 26.91x
1166
3.167
'I'M
25.17x
1126
3.731
3. ayne 20.27x
1184
4.G auga 19.85x
1 • 0
5. L wrence 18.65x
1121
Arrests per lOOk
",A", In 1975Ohio classified certain amounts of marijuana possession as a misdemeanor, but did not impose imprisonment nor
-s;? a criminal record. However,for larger amounts, it maintained harsher criminal penalties, in luding imprisonment.
Page 96
OKLAHOMA ACLU
2018 SUMMARY
Black people were
Oklahoma ranks Arrests for the possession of
4.2x
marijuana made up
13th 42%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of ...• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared tor;t]mi¥lh4Ui'hor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier Clrugarrest rates, per 100k people
Black people x
times more likely 300
to be arrested
2018 719 4.24x
240
180
~ :-~~
2.98x 120
2010 810
60
500 o 500
0
Arrests per lOOk 2010 2012 2014 2016 2018
BY THE COUNTY
All counties withUlMt1IHMobImmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
•
times more likely
t...II·I
to be arrested
~-I••
."'4-rr
...= ,••9.,.,.
._w. ~·41•.
5,090
1. Pontotoc 13.94x
.365
6,544
2. Ottawa 13.48x
.485
936
3. Rogers 9.13x
1103
••• ·111 •.. 4. Cherokee
904
'103
8.76x
977
5. Stephens 8.68x
1113
Arrests per lOOk
Page 97
OREGON ACLU
2018 SUMMARY
Black people were
Oregon ranks Arrests for the possession of
45th
in the nation for largest racial
1.
more likely th n white
marijuana made up
18%
of all drug arrests in
disparities in arrests for the state .•.
people to be rrested
marijuana possession
for marijuana p ssession t
Direction of ....• indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrest compared tommiOOWMfflfor mari"uana ossession arrest rates compared
marijuana possession, per 100k people arrest rates, per 100k people
Black people x
times more likely 50 : Legalized
to be arrested
40
2018 131 1.82x
1.77x 20
2010 731
10
500 o 500
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties with.ttgtl1'Ht-HUnmabove the C unties with the largest racial disparities
national average (3.64x) Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
50%'and at least 25 marijuana possession arrests are included.
J
White Rate Black Rate Black people x
times more likely
to be arrested
-.-
1. Clackamas 123 7.87x
752
5.32x
545
4.85x
4.33x
412
5. Ik
•• 4.25x
Arrests per lOOk
Page 98
PENNSYLVANIA ACLU
2018 SUMMARY
Black pea pie we re
Pennsylvania ranks Arrests for the possession of
x
marijuana made up
36th 42%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for the state t
people to be arrested
marijuana possession
for marijuana possession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrest compared tom5i;iIhMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier dru arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 578 3.04x
4.80x
2010 624
400 o 400
Arrests per lOOk
2010
BY THE COUNTY
Allcounties withlti14tt1r:@·mmmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
1. Perry 21,159 28.36x
1746
4,651
2. Clarion 25.62x
1182
3. Indiana 16.68x
3,746
4. Clinton 16.62x
1225
2,499
5, Westmoreland 12.66x
1197
Arrests per lOOk
Page 99
RHODE ISLAND ACLU
2018 SUMMARY
Black people were
Rhode Island ranks Arrests for the possession of
x
marijuana made up
30th • 18%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for the state .•
people to be rrested
marijuana possession
for marijuana p ssession t
Direction of -. indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack ar ests compared toltffit¥WMfflfor tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people II other ilrug arrest rates, per 100k people
Black people x
I
times more likely I Decriminalized
to be arrested I
24
2018 110 3.32x
2010 523 2.59x
600 300 o 300 600
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withltt3Ft11'i@.Ehl1tt3above the C unties with the largest racial disparities
national average (3.64x) Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
"""' ••••• •••6_1 8.99x
=- 619
8.57x
6.10x
3.56x
Arrests per 100k
Page 100
SOUTH CAROLINA ACLU
2018 SUMMARY
Black people were
South Carolina ranks Arrests for the possession of
3.5x
marijuana made up
26th 48%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
~~~ compared to@5h¥ih@fflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ot er drug arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 1,421 3.45x
2.76x
2010
1,000 o 1,000
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
Allcounties with'ifii4E1Il@·6nQmabovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
________ 8.36x
...:..::3.956
1. Pickens
••
-
2.151
2. Oconee 8.31x
.259
2.931
3. Horry 6.80x
4. Lexington 5.80x
.208
5. Greenville 5.25x
.300
Arrests per lOOk
Page 101
SOUTH DAKOTA ACLU
2018 SUMMARY
Black peop e were
South Dakota ranks Arrests for the possession of
5
marijuana made up
10th 55%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for people to be arrested the state'+
marijuana possession
for marijuana p ssession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared toeffii¥W@§for mari"uana ossession arrest rates compared
marijuana possession, per 100k people arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 5.04x
2010 5.03x
2,000 1,000 o 1,000 2,000
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
C unties with the largest racial disparities
Co nties with a pop, of >30,000, a Black pop, of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included.
White Rate _ Black Rate Black people x
times more likely
to be arrested
nnington S.SOx
2. rOOkingS '"'••••,Fl•••,i_--------..,;3;:,:,16~1 7.53x
3'iincOln 6.S7x
4. rown 5.07x
1,766
5. innehaha 4.47x
Arrests per lOOk
Page 102
TENNESSEE ACLU
2018 SUMMARY
Black people were
Tennessee ranks Arrests for the possession of
.2x
marijuana made up
32nd 42%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arrests compared toMffii¥WtUJtor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all other drug arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 820 3.22x
2010 771 4.04x
500 o 500
Arrests per lOOk
2010 2012
BY THE COUNTY
All counties with.tI4Ft1w:@·eWtmabovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_White Rate Black Rate Black people x
times more likely
to be arrested
2,437
1. Claiborne 15.36x
.159
2. Carter 13.89x
.129
2,945
3. Williamson 10.73x
4. Lawrence 10.24x
2,377
5. Sevier 8.36x
.284
Arrests per 100k
Page 103
TEXAS ACLU
2018 SUMMARY
Black peop e were
Texas ranks Arrests for the possession of
41st
in the nation for largest racial
2. x
more likely th n white
marijuana made up
44%
of all drug arrests in
disparities in arrests for
people to be rrested the state +
marijuana possession
for marijuana p ssession tI
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack ar ests compared to(!;!jffii¥WMt'1tor marijuana ossession arrest rates compared
marijuana possession, per 100k people arrest rates, per 100k people
Black people x
times more likely 40
to be arrested
32
2018 2.62x
:
2.33x 16
2010 627
400 o 400
Arrests per 100k 2010 2012 2014 2016 2018
BY THE COUNTY
C unties with the largest racial disparities
Co~nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
806
n Zandt l3.63x
I S9
10.62x
9.82x
9.69x
_______ ...,;;:,4,l::l69,l:.18 8.l6x
Arrests per 100k
Counties with missing data are striped.
Page 104
UTAH ACLU
2018 SUMMARY
Black people were
Utah ranks Arrests for the possession of
.9x
marijuana made up
11th 40%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for people to be arrested the state t
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack rests' compared toMmiiWMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all otlier ilrug arrest rates, per 100k people
Black people x
times more likely 500
to be arrested
__
-_._._'l
-. -
400
2018 1,527 4.92x
300
2010
1,000 o 1,000
3.86x 200
100
--
• ...----
0
Arrests per lOOk 2010 2012 2014 2016 2018
BY THE COUNTY
All counties withlfl4Mr:lMobimmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a data coverage of >50% and at least
25 marijuana possession arrests are included.
_White Rate Black Rate Black people x
times more likely
to be arrested
1,862
1. Washington 9.17x
.203
2,030
2. Iron 6.99x
.291
-
4.46
3. Wasatch 6.91x
Ell
3,138
4. Sanpete 6.36x
5. Utah 6.31x
.336
Arrests per lOOk
Counties with missing data are striped.
Page 105
VERMONT. ACLU
2018 SUMMARY
Black peop e were
Vermont ranks Arrests for the possession of
6.1
marijuana made up
6th 12%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for people to be arrested the state .•
marijuana possession
for marijuana p ssession t
Direction of __. indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Blac est compared tolt;TlHh¥ihMfflfor St tewide marijuana ossession arrest rates compared
marijuana possession, per 100k people to II other drug arrest rates, per 100k people
Black people x
times more likely 200 : Decriminalized
to be arrested
160
2018 126 21 6.06x
120
2010 508 4.14x 80
600 300 o 300 600 40
Arrests per 100k 0
2010 2012 2014 2016 2018
BY THE COUNTY
Counties with the largest racial disparities
co~nties with a pop. of >30,000, a data coverage of >50% and at least
10 rarijUana possession arrests are included.
White Rate Black Rate Black people x
times more likely
to be arrested
]
1 shington. 16 13.72x
243
11.79x
m
________ ---"2""-'70 9.76x
1m
___ 163
8.53x
111
4.24x
Arrests per lOOk
.•.ai Vermont legalized marijuana possession in 2018. More recent data
...•. is needed to analyze trends since the enactment of the recent law.
Page 106
VIRGINIA ACLU
2018 SUMMARY
Black people were
Virginia ranks Arrests for the possession of
27th
in the nation for largest racial
3. x
more likely than white
marijuana made up
52%
of all drug arrests in
disparities in arrests for the state .•.
people to be arrested
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
-.:;....."........,ests
compared tolTilm(¥WMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all ottier Clru arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 768 3.44x
2010 518
2.82x ----~.--~.-------~
500 o 500
Arrests per lOOk 2012 2014 2016 2018
BY THE COUNTY
All counties withlti!4E1r:@·eWtmabove the Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_White Rate _ Black Rate Black people x
times more likely
~A to be arrested
II."
-~. 1. Hanover
.280
5.809
20.74x
"'~
5.200
2. Smyth 16.14x
• 322
-"'.
~C.,,- \.•. i~
~.~it· t~
3. Washington
4. Augusta
,'69
.320
33
12.22x
9.7Bx
:.- •• ai-\ 5. Arlington
1,,0
1.071
9.70x
Arrests per lOOk
Page 107
WASHINGTON ACLU
2018 SUMMARY
Black people were
Washington ranks Arrests for the possession of
2.1
marijuana made up
43rd 14%
in the nation for largest racial more likely th n white of all drug arrests in
disparities in arrests for
people to be arrested the state +
marijuana possession
for marijuana p ssession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared tolt'l5UOOWMfflfor Statewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to II ottier Cirugarrest rates, per 100k people
Black people x
I
times more likely 200 I Legallted
to be arrested
160
2018 2.14x
120
2010 462 2.53x 80
250 a 250 500 40
500
Arrests per 100k O~ ~ _
2010 2012 2014 2016 2018
BY THE COUNTY
All counties withltit4mr:I~1ofmtmabove the C unties with the largest racial disparities
national average (3.64x) Co nties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of :>50%, and at least 25 marijuana possession arrests are included.
White Rate _ Black Rate Black people x
times more likely
to be arrested
9.19x
8.82x
_______ ..:3~26~6.77x
25
6.76x
4.69x
Arrests per 100k
Page 108
WEST VIRGINIA ACLU
2018 SUMMARY
Black people were
West Virginia ranks Arrests for the possession of
7.3x
marijuana made up
4th
in the nation for largest racial more likely than white
47%
of all drug arrests in
disparities in arrests for people to be arrested the state t
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of lack arrests compared toM5h¥IWi#1tor Statewide mari'uana ossession arrest rates compared
marijuana possession, per 100k people to all otlier Clru.arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 2,517 344 7.31x
2010 271 4,67x
2,000 1,000 o 1,000 2,000
Arrests per 100k
2010 2012 2014 2016 2018
BY THE COUNTY
Counties with the largest racial disparities
Counties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of >50%, and at least 25 marijuana possession arrests are included.
_ White Rate Black Rate Black people x
times more likely
to be arrested
1. Preston 11,559 24.96x
.463
2. Putnam 24.77x
1213
3. Harrison 17.39x
1.823
4. Wood 12,41x
1147
5. Logan 11.42x
.469
Arrests per 100k
Page 109
WISCONSIN ACLU
2018 SUMMARY
Black people were
Wisconsin ranks Arrests for the possession of
marijuana made up
14th 57%
in the nation for largest racial more likely than white of all drug arrests in
disparities in arrests for
people to be ~rrested the state +
marijuana possession
for marijuana p ssession +
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black rests compared tol!:!]m(¥lhMfflfor St tewide mari"uana ossession arrest rates compared
marijuana possession, per 100k people to all other Clrugarrest rates, per 100k people
Black people x
times more likely 40
to be arrested
32
2018 1,126 4.24x
24
2010 1,297 5.82x 16
8
1,000 500 o 500 1,000
Arrests per lOOk
2010 2012 2014 2016 2018
BY THE COUNTY
All counties with.flaFi'1I!@·mmmabove the C~unties with the largest racial disparities
national average (3.64x) Copnties with a pop. of >30,000, a Black pop. of >1%, a data coverage
of 50%, and at least 25 marijuana possession arrests are included.
White Rate _ Black Rate Black people x
times more likely
to be arrested
5.548
34.90x
I159
________ ...;.7,""86~2 29.85x
6,165
27.07x
1228
23.88x
"".-53-, ~ __ ..•.7:o:.:.872:.1 14.83x
Arrests per lOOk
Page 110
WYOMING ACLU
2018 SUMMARY
Black people were
Wyoming ranks Arrests for the possession of
5.2x
marijuana made up
9th
in the nation for largest racial more likely than white
59%
of all drug arrests in
disparities in arrests for people to be arrested the state +
marijuana possession
for marijuana possession t
Direction of -+ indicates increase
or decrease since 2010.
ARRESTS OVER TIME
Rates of Black arr.ests compared toM5h¥IhMfflfor Statewide marijuana ossession arrest rates compared
marijuana possession, per 100k people to all ottier dru arrest rates, per 100k people
Black people x
times more likely
to be arrested
2018 5.20x
2010 3.19x
2,000 1,000 o 1,000 2,000
Arrests per lOOk
2010
BY THE COUNTY
All counties withUaaE1r:@.f!U!mabovethe Counties with the largest racial disparities
national average (3.64x) Counties with a pop. of >30,000, a data coverage of >50% and
at least 25 marijuana possession arrests are included.
_ White Rate _ Black Rate Black people x
times more likely
to be arrested
3,661
1. Fremont 13.12x
1279
'!!!!!!! ".03x
...::8"",633""
2. Campbell
.783
3. Sweetwater 7.48x
.381
4,308
4. Albany 4.56x
1m
5. Laramie 3.50x
Arrests per lOOk
Page 112
APPENDIX TABLE A
Arrest Rates and Racial Disparities per State (2018)
Marijuana Black White
Marijuana Possession Possession Possession Racial Possession
State Arrest Rate Arrest Rate Arrest Rate Arrest Rate Rate Ratio Disparities Rate
Alabama 63.06 55.82 128.03 31.01 4.13 16.7% -51.7%
Alaska 57.72 53.35 70.82 45.40 1.56 -26.1% -45.0%
Arizona 220.01 208.75 580.65 190.90 3.04 32.8% -24.4%
Arkansas 358.79 322.12 648.46 271.21 2.39 -22.7% 4.3%
California 13.79 9.14 18.12 10.00 1.81 -16.6% -92.5%
Colorado 91.00 82.20 130.51 84.90 1.54 -16.3% -59.8%
Connecticut 64.77 49.85 152.57 37.91 4.02 7.2% -56.4%
Delaware 118.90 89.33 222.45 53.57 4.15 38.3% -50.3%
Geor~ia 499.68 428.81 804.32 271.82 2.96 1.4% -8.1%
Hawai'i 59.18 55.78 130.90 73.42 1.78 81.6% -33.7%
Idaho 351.37 332.16 1026.94 263.83 3.89 36.5% -13.1%
Illinois 76.17 43.01 137.84 18.36 7.51 118.3% -67.0%
Indiana 286.73 247.61 712.06 204.01 3.49 -6.4% -11.0%
Iowa 147.80 133.82 776.28 106.90 7.26 -14.1% -16.0%
Kansas 99.80 80.56 323.84 66.94 4.84 12.0% 26.2%
Kentucky 170.07 141.72 788.34 84.19 9.36 60.0% -38.7%
Louisiana 459.82 412.48 795.52 237.31 3.35 1.8% 2.9%
Maine 61.64 54.99 214.84 53.89 3.99 90.9% -58.6%
Maryland 317.86 279.40 470.16 220.74 2.13 -24.2% 0.0%
Massachusetts 13.13 4.52 14.76 3.65 4.04 18.5% -72.4%
Michigan 156.98 140.95 373.80 104.06 3.59 9.8% -10.5%
Minnesota 158.83 126.71 536.94 100.02 5.37 -32.4% -18.9%
Mississippi 348.68 294.78 478.88 176.39 2.71 -12.3% -12.9%
Missouri 359.93 340.28 780.94 296.38 2.63 4.4% -11.6%
Montana 135.19 127.62 1064.23 110.60 9.62 175.6% -38.2%
Nebraska 453.58 409.42 1163.94 379.73 3.07 -30.2% -31.2%
Nevada 95.60 76.65 212.26 69.72 3.04 -24.0% -62.4%
New Hampshire 219.20 202.10 803.40 195.28 4.11 65.1% -30.9%
New Jersey 404.67 369.54 1007.96 292.49 3.45 22.8% 23.3%
New Mexico 249.93 225.71 837.21 210.54 3.98 118.7% 53.4%
New York 300.26 287.76 597.59 227.53 2.63 -44.4% -5.8%
North Carolina 256.40 234.85 528.27 162.03 3.26 -2.4% -3.0%
North Dakota 354.04 332.52 1437.25 260.99 5.51 25.2% -18.2%
Ohio 272.79 248.68 526.73 153.48 3.43 -10.9% 0.9%
Oklahoma 229.69 199.25 719.47 169.62 4.24 42.3% -20.9%
Oregon 77.00 69.54 130.90 71.74 1.82 2.8% -67.0%
Pennsylvania 264.87 226.52 577.96 190.40 3.04 -36.7% 9.9%
Rhode Island 49.93 37.80 110.17 33.17 3.32 28.2% -70.3%
South Carolina 753.11 673.26 1420.68 412.27 3.45 25.0% -9.6%
South Dakota 746.68 695.86 2147.03 426.35 5.04 0.2% -18.1%
Tennessee 387.44 343.94 820.16 255.09 3.22 -20.3% -2.9%
Texas 259.08 244.12 561.60 213.99 2.62 12.4% -19.0%
Utah 372.71 343.37 1526.97 310.43 4.92 27.5% 6.8%
Vermont 33.56 21.54 126.26 20.83 6.06 46.4% -78.0%
Virginia 344.02 314.33 768.01 223.37 3.44 22.0% -6.5%
Washington 30.94 25.90 52.18 24.44 2.14 -15.4% -71.2%
West Virginia 496.32 447.32 2516.95 344.26 7.31 56.5% 9.9%
Wisconsin 360.59 324.37 1125.85 265.58 4.24 -27.1% -10.0%
Wyoming 655.00 592.89 2677.27 515.27 5.20 63.0% -13.3%
Source: FBI, Ur, forn Crimi' Rt'portrng Pfo~nrn O'lt.=1.::lnrl U.S. C n u U3t-3 Note: Flortd<'l ~nd :N01shmgl ")n. 0 C. did not nro rdp. c::l~t'"
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 99
Page 113
APPENDIX TABLE B
Drug Arrests and Populations per State (2018)
_.111
Alabama 13,598 3,082 2,729
l:'-_·I'
1,678
•. ..
1,048
- ~.
1,310,802 3,379,955 4,887,871
Alaska 1,112 410 378 20 214 27,534 470,249 709,419
Arizona 34,447 15,778 14,971 2,115 11,335 364,280 5,937,806 7,171,646
Arkansas 19,762 10,692 9,599 3,038 6,391 468,475 2,356,410 2,980,124
California 212,967 5,454 3,614 463 2,853 2,556,000 28,531,740 39,557,045
Colorado 18,601 5,183 4,682 339 4,210 259,711 4,959,310 5,695,564
Connecticut 8,348 2,314 1,781 655 1,084 429,298 2,859,280 3,572,665
Delaware 3,705 1,150 864 494 360 222,070 672,019 967,171
Georgia 86,508 52,471 45,029 27,381 17,259 3,404,212 6,349,613 10,501,080
Hawai'i 1,873 679 640 38 199 29,030 271,056 1,147,287
Idaho 11,980 6,164 5,827 162 4,306 15,775 1,632,188 1,754,208
Illinois 34,938 9,694 5,474 2,564 1,795 1,860,101 9,777,446 12,726,363
Indiana 37,129 19,187 16,570 4,691 11,617 658,729 5,694,468 6,691,878
Iowa 6,994 4,236 3,835 937 2,766 120,754 2,587,507 2,866,103
Kansas 4,481 2,896 2,338 578 1,678 178,520 2,506,434 2,902,183
Kentucky 32,001 7,600 6,333 2,964 3,295 375,972 3,913,936 4,468,402
Louisiana 37,271 21,331 19,135 12,095 6,919 1,520,428 2,915,478 4,638,940
Maine 3,698 825 736 47 682 21,877 1,265,648 1,338,404
Maryland 33,974 19,208 16,883 8,781 7,842 1,867,592 3,552,355 6,042,718
Massachusetts 10,489 906 312 91 204 617,097 5,577,194 6,902,149
Michigan 30,255 15,691 14,089 5,265 8,246 1,408,392 7,923,927 9,995,915
Minnesota 20,609 8,912 7,110 2,043 4,719 380,414 4,718,176 5,611,179
Mississippi 20,018 10,413 8,804 5,406 3,116 1,128,912 1,766,301 2,986,530
Missouri 41,987 22,038 20,835 5,658 15,053 724,513 5,079,051 6,122,811
Montana 3,001 1,431 1,351 66 1,041 6,233 941,588 1,058,637
Nebraska 16,289 8,751 7,899 1,149 6,469 98,757 1,703,446 1,929,268
Nevada 11,851 2,901 2,326 649 1,571 305,848 2,253,711 3,034,392
New Hampshire 6,357 2,973 2,741 187 2,469 23,293 1,264,217 1,356,458
New Jersey 60,138 36,050 32,921 13,484 18,767 1,337,754 6,416,347 8,908,520
New Mexico 8,727 5,237 4,730 449 3,619 53,576 1,718,901 2,095,428
New York 104,911 58,678 56,234 20,603 30,989 3,447,729 13,619,931 19,542,209
North Carolina 45,491 26,565 24,333 12,148 11,860 2,299,469 7,319,785 10,360,922
North Dakota 5,420 2,691 2,527 368 1,727 25,620 661,549 760,077
Ohio 58,008 31,887 29,069 7,996 14,690 1,517,999 9,571,522 11,689,442
Oklahoma 18,917 9,057 7,857 2,208 4,960 306,890 2,924,365 3,943,079
Oregon 15,979 3,227 2,914 122 2,609 92,958 3,635,926 4,190,713
Pennsylvania 69,838 33,922 29,010 8,851 19,947 1,531,457 10,476,085 12,807,060
Rhode Island 2,234 528 400 97 294 88,411 887,259 1,057,315
South Carolina 71,336 38,289 34,229 19,607 14,361 1,380,145 3,483,455 5,084,127
South Dakota 11,073 6,587 6,139 451 3,175 20,956 743,971 867,926
Tennessee 55,644 26,230 23,285 9,478 13,559 1,155,631 5,315,272 6,770,010
Texas 160,681 74,307 70,017 20,628 48,373 3,673,157 22,605,330 28,681,023
Utah 26,938 11,782 10,854 698 8,896 45,700 2,865,634 3,161,105
Vermont 1,121 210 135 11 123 8,753 589,986 626,299
Virginia 51,963 29,303 26,774 12,989 13,221 1,691,267 5,918,670 8,517,685
Washington 14,089 2,331 1,952 168 1,453 322,826 5,944,924 7,535,591
West Virginia 17,349 8,963 8,078 1,642 5,811 65,231 1,687,993 1,805,832
Wisconsin 33,373 20,963 18,857 4,380 13,448 389,047 5,063,526 5,813,568
Wyoming 5,841 3,784 3,425 202 2,756 7,557 534,943 577,737
Soutce: FBI/Unltorm CriMe R€~ortl/1"" Pru~ranl L);HJ Jnu U.S Cen liS Ddta Note: FlonU.1 ;:tnd Ja:;hlnt',ton 0 C did nut pruvlJe data
100 ACLU Research Report
Page 114
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Page 115
recreational consumption (see Appendix, Table C for full list and
Endnotes dates).
9 Mike Males and Lizzie Buchen, Reforming Marijuana Laws: Which
Approach Best Reduces the Harms of Criminalization? A Five-State
1 American Civil Liberties Union, The War on Marijuana
Analysis (San Francisco: Center on Juvenile and Criminal Justice
in Black and White (New York: ACLU, June 2013),
September 2014), http://www.cjcj.org/uploads/ cjcj/documents/~jcj_
https:llwww.aclu.org/reportlreport-war-marijuana-
marijuana_reform_comparison.pdf. See also Drug Policy Alliance,
black-and-white?redirect=criminal-law-reforml
Marijuana Decriminalization and Legalization (New York: DPA,
war-marijuana-black-and-white.
February 2018), http://www.drugpolicy.org/sites/defaultlfiles/
marijuanalegalizationanddecriminalization_factsheet_feb2018_O.
2 Throughout this report we capitalize "Black" when referring to
pdf.
Black people, whereas we do not capitalize "white" when referring
to white people. Capitalizing "Black" allows for Black populations
10 Drug Policy Alliance, From Prohibition to Progress: A Status
to be written about in the same manner as other ethnic groups, such
Report on Marijuana Legalization (New York: DPA, January 2018),
as Latinx, Asian, or British. However, "white" remains lowercase
http://www.drugpolicy .orgl sitesl default/filesl dpa_marijuana_
as it is not a similar ethnic signifier. The capitalization of "Black"
legalization_report_febI4_2018_0.pdf.30.
also raises the visibility and prominence of a population who has
often been erased, marginalized, and stripped of its importance. In
11 "FBI: Marijuana Arrests Rise for Third Year in a Row, Outpace
adopting this style, we follow other organizations that have officially
Arrests for All Violent Crimes," National Organization for the
adapted their editorial style in this manner, such as the Brookings
Reform of Marijuana Laws, October 3, 2019, https:llnorml.org/
Institute, Conscious Company, and Diversitylnc, among others.
news/2019/10/03/fbi-marijuana-arrests-rise-for-third-year-in-a-row-
outpace-arrests-for-all-violent-crimes.
3 This report includes data from 49 of the 50 U.S. states. Florida
and Washington, D.C., do not report data to the FBI's Uniform
12 ACLU, The War on Marijuana in Black and White.
Crime Reporting (UCR) Program, and, thus, we submitted
Freedom of Information Act (FOIA) requests to Washington, D.C:s
13 Throughout this report we capitalize "Black" when referring to
Metropolitan Police Department (MPDl and the Florida Department
Black people, whereas we do not capitalize "white" when referring
of Law Enforcement. Despite the D.C. Mayor's Office of Legal
to white people. Capitalizing "Black" allows for Black populations
Counsel ruling ordering MPD to produce responsive records within
to be written about in the same manner as other ethnic groups, such
five business days, D.C. did not provide data in an appropriate, timely
as Latinx, Asian, or British. However, "white" remains lowercase
manner for analysis in this report. Florida refused to provide any
as it is not a similar ethnic signifier. The capitalization of "Black"
data in response to the FOIA request.
also raises the visibility and prominence of a population who has
often been erased, marginalized, and stripped of its importance. In
4 The reason that possession arrest rates do not drop to zero even
adopting this style, we follow other organizations that have officially
when possession of marijuana is legalized or decriminalized is that
adapted their editorial style in this manner, such as the Brookings
there remain certain circumstances where individuals still can be
Institute, Conscious Company, and DiversityInc, among others.
arrested for marijuana possession. The specific reasons for these
possible arrests somewhat differ by state, but common examples
14 Craig Reinarman, "Social Construction of Drug Scares,"
include possession arrests for juveniles to whom legalization does
in Constructions of Deviance: Social Power, Context, and Interaction,
not apply, or violations of specific elements of the law, such as
eds. Patricia A. Adler and Peter Adler (Belmont, CA: Wadsworth
exceeding the legal amount permitted to possess or using marijuana
Publishing Co., 1994),92 -105; Matthew D. Lassiter, "Impossible
in a prohibited location.
Criminals: The Suburban Imperatives of America's War on
Drugs: Journal of American History 102, no. 1 (June 2015): 126-40,
5 Pew Research Center, Race in America 2019 (Washington, D.C.:
https:lldoi.org/l0.1093/jahistljav243;LauraSmith, "How a Racist
Pew Research Center, April 2019), https:llwww.pewsocialtrends.
Hate-Monger MastermindedAmerica's War on Drugs" Timeline
org/2019/04/09/race-in-america-2019/. This report finds that
February 28,2018, https:/ Itimeline.com/harry-anslU:ger-racist-~ar-
Latinx people are more likely to be identified as white than Black
on-drugs-prison-industrial-complex-fb5cbc281189?gi=cbf7ef9a2741;
and that Latinx people perceived as nonwhite are more likely to '
David McDonald, "The Racist Roots of Marijuana
report experiencing discrimination or being treated unfairly because
Prohibition: Foundation for Economic Education, April 11, 2017,
oftheir race than those perceived as white.
https:/ Ifee.org/articles/the-racist-roots-of-marijuana-prohibition.
6 Joseph E. Kennedy, Isaac Unah, and Kasi Wahlers, "Sharks and
15 Dan Baum, "Legalize It All: Harper's Magazine, April 2016, https:11
Minnows in the War on Drugs: A Study of Quantity, Race and Drug
harpers.org/archive/2016/04/legalize-it-all.
Type in Drug Arrests," UC Davis Law Review 52, no. 2 (December
2018): 743, https:lllawreview.law.ucdavis.edu/issues/52/2/
16 Suchitra Rajagopalan, "United Nations and World Health
Articles/52-2_Kennedy. pdf.
Organization Call for Drug Decriminalization: Drug Policy Alliance,
June 29, 2017, http://www.drugpolicy.orglblog/united-nations-
7 Washington (2012), Colorado (2012), Oregon (2014), Alaska (2014),
and-world-health-organization-call-drug-decriminalization. In 2016,
Washington, D.C. (2014), California (2016), Massachusetts (2016),
the ACLU and Human Rights Watch (HRW) released the report
Maine (2016), Nevada (2016), Vermont (2018), Michigan (2018), and
Every 25 Seconds, calling for federal and state governments to end
Illinois (2019).
the criminalization of the personal use of drugs and the possession
of drugs for personal use. HRW and ACLU, Every 25 Seconds: The
8 Before legalizing marijuana for recreational use, many of the
Human Toll of Criminalizing Drug Use in the United States (New
states mentioned passed decriminalization measures. To date, 15
states have decriminalized marijuana but have not legalized it for
102 ACLU Research Report
Page 116
York: Human Rights Watch, October 2016), https:llwww.hrw.org/ has always been a vehicle for policing and surveillance and social
sites/defaultifiles/report_pdf/usdrug1016_web_0.pdf. control of certain communities. If we want to get to the heart of the
problem, we need to address these issues. Our clients have long
17 Lucas Laursen, "Canada Today Becomes the Second Country to been targeted by the NYPD for marijuana enforcement based on
Legalize Weed. Here's What It Can Learn From the First," Fortune their race and socioeconomic status. The legalization effort must
Magazine, October 17,2018, https://fortune.coml2018/10/17/ take this into account and make them whole. Anything short of this
canada-marijuana-weed-legalization-uruguay/. is unacceptable." Eli Northrup, written testimony, "Hearing re:
Marijuana Legalization: Equity and Justice for NYC" (February
18 Justin McCarthy, "Two in Three Americans Now Support Legalizing 27,2019), https:llwww.bronxdefenders.org/wp-eontentl
Marijuana," Gallup, October 22,2018, https:llnews.gallup.com/ uploads/2019/03/City-Council-Testimony-Marijuana.pdf.
po1ll243908/two-three-americans-supportriegalizing-marijuana.
aspx. 30 Amanda Geller, Jeffrey Fagan, Tom Tyler, and Bruce G. Link,
"Aggressive Policing and the Mental Health of Young Urban
19 James Cole, memorandum for all United States attorneys, "Guidance Men," American Journal of Public Health 104, no. 12 (December
Regarding Marijuana Enforcement," August 29,2013, https:llwww. 2014): 2321-2327, https:lldoi.org/l0.2105/AJPH.2014.302046.
justice.govliso/opa/resources/3052013829132756857467.pdf.
31 Substance Abuse and Mental Health Service Administration,
20 Ashley Southall and Jack Healy, "U.S. Won't Sue to Reverse States' Results from the 2018 National Survey on Drug Use and Health:
Legalization of Marijuana, " New York Times, August 29, 2013, Detailed Tables (Washington, D.C.: SAMHSA, August 2019),
https:llwww.nytimes.com/2013/08/30/us/politics/us-says-it-wont- https:llwww.samhsa.gov/datalsites/default/files/cbhsg-reports/
sue-to-undo-state-marijuana-laws.html. NSDUHDetailedTabs2018R2INSDUHDetailedTabs2018.pdf. See
Table 1.26B, which finds that in 2018, reported marijuana use during
21 Thomas Fuller, "Recreational Pot Is Officially Legal in the prior year among individuals age 18 and older was 16.8% for white
California," New York Times, January 1, 2018, https:llwww.nytimes. people and 18.2% for Black people.
com/2018/01/01/us/legal-pot-california.html.
32 "Overall, marijuana dominates all other types of drugs in terms of
22 German Lopez, "January Was the Biggest Month yet arrests. Black and Hispanic people are arrested disproportionately in
for Marijuana Legalization, Despite Trump's New terms of their share of the overall population." Kennedy, "Sharks and
War on Pot," Vox, January 31,2018, https:llwww. Minnows," 746-747.
vox.com/policy-and-politics/2018/1/31/169247261
marijuana-legalization-ealifornia-vermont-january-2018. 33 Sagiv Galai, "Equity Must Be at the Heart of Marijuana
Legalization," ACLU, June 26, 2019, https:llwww.
23 Jefferson Sessions, memorandum for all United States attorneys, aclu.orglblogl criminal-Iaw-reforml drug-Iaw-reform/
"Marijuana Enforcement," January 4,2018, https:llwww.justice.gov/ equity-must-be-heart-marijuana-Iegalization.
opal press-releasel filel 10221961 download.
34 Manhattan DistrictAttorney's Office, "DA Vance: Marijuana
24 John G. Roberts Jr., 2019 Year-End Report on the Federal Judiciary Prosecutions Down 94% in First Quarter of New Policy," press
(Washington, D.C.: Public Information Office of the United States release, November 1,2018, https:llwww.manhattanda.org/da-vance-
Supreme Court, December 2019), https:llwww.supremecourt.gov/ marijuana-prosecutions-down-94-in-first-quarter-of-new-policy/.
publicinfo/year-end/2019year-endreport.pdf.
35 Jolie McCullough, "Austin Police Chief: We Will Still
25 Sara Brittany Somerset, "Attorney General Barr Favors a More Ticket, Arrest for Marijuana," Texas ,]hbune, January
Lenient Approach to Cannabis Prohibition," Forbes, April 15, 2019, 24,2020, https:llwww.texastribune.org/2020/01l24/
https:llwww.forbes.com/sites/sarabrittanysomersetl2019/04/151 austin-texas-police-ehief-marijuana-arrests-will-eontinue/.
attorney-general-barr-favors-a-more-lenient-approach-to-eannabis-
legalization! #7 ca35a2ec4c8. 36 In 2003, Seattle voters approved a measure that set marijuana
policing as low law enforcement priority. At least 15 other cities
26 Benjamin Goggin, "Black People Face Big Barriers Entering the have followed Seattle's footsteps. "Seattle Voters Approve Initiative
Legal Weed Industry," Vice, September 20, 2018, https:llwww.vice. Making Marijuana Enforcement City's 'Lowest Priority,'" National
com/en_us/article/yw4pkw/weed-industry-equity-Black-business. Organization for the Reform of Marijuana Laws, September 18,
2003, https:llnorml.org/news/2003/09/18/seattle-voters-approve-
27 "Marijuana Justice Coalition Asserts Statement of Principles on initiative-making-marijuana-enforcement-city-s-lowest-priority.
Federal Marijuana Reform," Human Rights Watch, July 9, 2019,
https:llwww.hrw.org/news/2019/07/09/marijuana-justice- 37 States are categorized based on their most liberal law to date. For
coalition-asserts-statement-principles-federal-marijuana-reform#. example, a state that legalized marijuana for medical use and
later legalized recreational use is counted among "legalized." See
28 Harry G. Levine and Deborah Peterson Small, Marijuana Arrest Appendix, Table C forfulliist of marijuana laws by state.
Crusade (New York: New York Civil Liberties Union, April 2008),
http://marijuana-arrests.com/docs/MARIJUANA-ARREST- 38 "Any changes to Wisconsin's current marijuana policy appear
CRUSADE.pdf. unlikely, with state lawmakers recently saying they won't consider
a proposal to allow medical use. But that isn't stopping state
29 In February 2019, the Bronx Public Defenders addressed this matter residents from going to Illinois to buy legal weed." Corrinne
during their testimony before the New York City Council on the Hess, "Wisconsin Residents Head to Illinois to Buy Legal
subject of marijuana legalization and policing in their city. "The Weed," Wisconsin Public Radio, January 2,2020, https:/lwww.wpr.
truth is that marijuana enforcement is rarely about marijuana. It org/wisconsin-residents-head-illinois-buy-Iegal-weed.
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 103
Page 117
39 "These Nonviolent Inmates Serving Life without Parole for decriminalization laws states have enacted. For that reason, and
Marijuana Need Clemency from President Trump," Life for Pot, because this report is focused on marijuana arrests between 2010-
accessed March 3, 2020, https:llwww.lifeforpot.com/inmates- 2018, which is also the extent of the marijuana arrest data we sought,
over-62.html. we have only analyzed arrest data pre-and post-decriminalization
individually by state for states that have enacted such laws since 2010
40 Using UCR data, the FBI reported that in 2018, law enforcement (shown in Figure 8).
officials across the country had made more than 10 million arrests.
Of these, 521,103 were for "violent crime." As noted in our report, 48 David Brand, "Nearly Every Single Person Arrested for Weed in NYC
that is less than the total marijuana arrests made that year. See This Year Was Black or Latinx," Queens Daily Eagle, August 21,2019,
Federal Bureau ofInvestigation, Crime in the United States, 2018 https:llqueenseagle.com/ alii nearlY-ilvery-single-person-arrested-
(Washington, D.C.: U.S. Department of Justice, 2019), https:llucr. for-weed-in-nyc-this-year-was-black-or-latinx.
fbi.gov/crime-in-the-u.s/2018/crime-in-the-u.s.-2018/topic-pagesl
persons-arrested. pdf. 49 ACLU, The War on Marijuana in Black and White.
41 The National Archive of Criminal Justice Data produced the arrest 50 SAMSHA, Results from the 2018 National Survey on Drug Use and
data by age, sex, and race for all years up until 2016. Since the FBI Health. See Table 1.26B.
moved to an incident bases system, they have yet to publish results
for 2017 -2018. We used the FBI's APIfor their new system to acquire 51 For a total of 49 states, as Florida and Washington, D.C., did not
marijuana arrest data for 2017 - 2018 (as detailed in the Methodology provide data for this report (see Methodology and Limitations section
and Limitations section), but the data is currently not available for for further details).
other drug types.
52 Counties have >50% coverage when more than 50% of their population
42 Violent crimes, according to the FBI's definition, include murder and is covered by an agency that reports 12 months of data to the
non-negligent manslaughter, rape, robbery, and aggravated assault. UCR Program. More information on coverage is available in the
Methodology and Limitations section of this report.
43 We provide profiles for 49 states. There are no profiles for Florida
and Washington, D.C. because they failed to provide us data for this 53 ACLU, The War on Marijuana in Black and White, 110-112.
report (see Methodology and Limitations section for more detailed
information). 54 ld.
44 The states that passed laws in the 1970s were often quite limited 55 Drug Policy Alliance, From Prohibition to Progress, 7.
in terms of the scope of activity decriminalized or contained
loopholes that police departments could exploit, and thus were 56 Ben Markus, "As Adults Legally Smoke Pot in Colorado, More
less comprehensive than the more recent decriminalization laws Minority Kids Arrested For It," National Public Radio, June 29, 2016,
that have been enacted. For that reason, and because this report is https:llwww.npr.org/2016/06/29/483954157 1as-adults-legally-
focused on marijuana arrests between 2010-2018, which is also the smoke-pot-in-eolorado-more-minority-kids-arrested-for-it.
extent of the marijuana arrest data we sought, we have only analyzed
arrest data pre-and post-decriminalization individually by state for 57 ACLU of North Carolina, At All Costs: The Consequences of Rising
states that have enacted such laws since 2010 (shown in Figure 8). Court Fines and Fees in North Carolina (Raleigh, NC: ACLU, April
However, the states that decriminalized in the 1970s are included 2019): 38-9, https:llwww.aeluofnorthcarolina.org/sites/defaultl
in the aggregate analysis of all decriminalized states (as shown in filesl field_documentsl aelu_nc _20 19_fines _and_fees_report_17 _
Figure 6). singles_final.pdf.
45 As discussed in greater detail in Endnote 4, possession arrest rates 58
do not drop to zero even when possession of marijuana is legalized or
decriminalized because there remain certain circumstances in which 59 In jurisdictions where nonpayment can still result in incarceration,
individuals can still be arrested for marijuana possession. individuals must be provided with an attorney.
46 The national rate ratio of racial disparities in 2018 (3.64) is higher 60 ee ACLU Drug Policy Litigation Project, Collateral Consequences of
than the 2018 rate ratios for all three of the subgroups in Figure 6 the War on Drugs (New Haven, CT: ACLU, January 2003), https:11
(Fully Illegal, Decriminalized, Legal) because white people are more www.aelu.org/sites/defaultlfiles/field_document/final%20brochure.
likely than Black people to live in a state that has legalized marijuana. pdf.
Baseline rates of arrests for both racial groups are much lower in
states that have legalized, but only 10.6% of the Black people in this 61 Mariah Woelfel, "How Is Marijuana Expungement Working
analysis live in a legalized state, compared to 22.6% of white people. in Illinois?: National Public Radio, October 17, 2019,
For background information, see Agresti, Alan. Categorical data https:llwww.npr.orgllocall309/2019/10/17/770701388/
analysis. Wiley-Interscience, 1990 or Good, I. J., and Y. Mittal. "The how-is-marijuana-ilxpungement-working-in-illinois.
amalgamation and geometry of two-by-two contingency tables." The
Annals of Statistics (1987): 694-711. 62 See Allie Howell, Criminal Conviction Restrictions for Marijuana
icensing (Los Angeles: Reason Foundation, September 2018),
47 While a handful of states passed laws in the 1970s removing criminal 7 -11, https:llreason.org/wp-<!ontent/uploads/criminal-eonviction-
penalties for certain marijuana offenses (see Table 5), such laws were restrictions-for-marijuana-licensing.pdf.
often quite limited in terms of the scope of activity decriminalized or
contained loopholes that police departments could take advantage 63 ee "Lowest Law Enforcement Priority Jurisdictions," Marijuana
of, and thus were less comprehensive than the more recent Policy Project, https:llwww.mpp.orglissues/criminal-justice/
104 ACLU Research Report
Page 118
lowest-Ia w-€nforcement-priority-jurisdictions/. 76 Florida Medical Marijuana Legalization Initiative, Florida Ballot
See also San Francisco, Cal., Admin. Code § 96B, Policy Making Amendment 2 (approved by voters November 2016).
Marijuana Offenses the Lowest Law Enforcement Priority.
77 Georgia's Hope Act, H.B. 324, 2019 Leg., Reg. Sess. (Ga. 2019).
64 See End Racial Profiling Act of2015, H.R. 1933, 114th Congo (2015).
See also The Racial and Identity Profiling Act of 2015, A.B. 953, 2015 78 Medical Use of Marijuana, S.B. 862, 20th Leg., Reg. Sess. (Hi. 2000);
Leg., Reg. Sess. (Ca. 2015); "10 Best Practices for Writing Policies A Bill for an Act Relating to Marijuana, H.B. 1383, 30th Leg. Reg.
Against Racial Profiling," Southern Poverty Law Center, October Sess. (Hi. 2019).
23,2018, https:llwww.splcenter.org/20181023/10-best-practices-
writing-policies-against-racial-profiling. 79 The Compassionate Use of Medical Cannabis Pilot Program Act,
H.B. 1, 98th Leg., Reg. Sess. (II. 2013); An Act Concerning Criminal
65 Terry v. Ohio, 392 U.S. 1 (1968) Law, S.B. 2228, 99th Leg., Reg. Sess. (II. 2016) (amending the
Cannabis Control Act at 720 Ill. Compo Stat. Ann. 550); The Cannabis
66 United States Office of Management and Budget, A Budget for Regulation and Tax Act, H.B. 1438, 101st Leg., Reg. Sess. (II. 2019).
America's Future: Analytical Perspectives (Washington, D.C.: U.S.
Government Publishing Office, 2020), https:llwww.whitehouse.gov/ 80 Louisiana Therapeutic Marijuana Act, S.B. 271, 2016 Leg., Reg. Sess.
wp-content/uploads/2020102/spec_fy21.pdf. (La. 2016).
67 See Daniel Ross, "Newark's New Disciplinary Board Could Flex Rare 81 Maine Medical Marijuana for Specific Illnesses, Maine Ballot
Muscle over Police," Yes Magazine, September 11, 2015, https:llwww. Question 2 (approved by voters November 1999), amended by Maine
yesmagazine. orgl social-justice/2015/091 111newarks-new-civilian- Medical Marijuana Initiative, Maine Ballot Question 5 (approved by
board-could-wield-rarlHiisciplinary-muscle-over-police/; "Community voters November 2009); Marijuana Legalization Act, Maine Ballot
Oversight: Campaign Zero, accessed March 10, 2020, https:llwww. Question 1 (approved by voters November 2016).
joincampaignzero.org/oversight.
82 An Act Concerning Medical Marijuana - Natalie M. LaPrade Medical
68 Alaska Medical Marijuana Act, Alaska Ballot Measure 8 (approved by Marijuana Commission, H.B. 881, 434th Leg., Reg. Sess. (Md. 2014).
voters November 1998); An Act to Tax and Regulate the Production, An Act Concerning Criminal Law - Possession of Marijuana - Civil
Sale, and Use of Marijuana, Alaska Ballot Measure 2 (approved by Offense, S.B. 364, 434th Leg., Reg. Sess. (Md. 2014).
voters November 2014).
83 An Act Establishing a Sensible State Marihuana Policy, H.B. 4468,
69 Arizona Medical Marijuana Act, Arizona Ballot Proposition 203 185th Leg., Reg. Sess. (Ma. 2008); An Initiative Petition for a Law for
(approved by voters November 2010). the Humanitarian Medical Use of Marijuana, Massachusetts Ballot
Question 3 (approved by voters November 2012); The Regulation and
70 Arkansas Medical Marijuana Amendment, Arkansas Ballot Issue 6 Taxation of Marijuana Act, H.B. 3932, 189th Leg., Reg. Sess. (Ma.
(approved by voters November 2016). 2016).
71 Medical Use of Marijuana Initiative, California Ballot Proposition 84 Medical Marijuana Initiative, Michigan Proposal 1 (approved by
215 (approved by voters November 1996); An Act to Amend Section voters November 2008); Michigan Regulation and Taxation of
11357 of the Health and Safety Code, and to Amend Section 23222 of Marihuana Act, Proposal 1 (approved by voters November 2018).
the Vehicle Code, Relating to Controlled Substances, S.B. 1449,2010
Leg., Reg. Sess. (Ca. 2010); Control, Regulate and Tax Adult Use of 85 In 1976, Minnesota amended its possession and sale laws as related
Marijuana Act, California Ballot Proposition 64 (approved by voters to petty marijuana offenses, codified at Minn. Stat. § 152.027(a).
November 2016). Minnesota Medical Cannabis Therapeutic Research Act, S.F.
2470, 88th Leg., Reg. Sess. (Mn. 2014). Specifically, Minnesota
72 Colorado Medical Use of Marijuana Initiative, Colorado Ballot eliminated the punishment of imprisonment for a first offense of
Amendment 20 (approved by voters November 2000); Use and possession of certain amounts of marijuana. However, it continued
Regulation of Marijuana Initiative, Colorado Ballot Amendment 64 to classify marijuana possession as a crime, and in some cases
(approved by voters November 2012). maintained harsher criminal penalties. There is some disagreement
about whether these types oflaws qualify as decriminalization.
73 An Act Concerning the Penalty for Certain Nonviolent Drug Offenses, However, for this report, we adopted a similar criteria as some
S.B. 1014,2011 Leg., Reg. Sess. (Ct. 2011); An Act Concerning the other organizations, such as Drug Policy Alliance, Marijuana Policy
Palliative Use of Marijuana, H.B. 5389, 2012 Leg., Reg. Sess. (Ct. Project, and NORML, classifying a state which does not impose
2012). imprisonment for first offense as a type of decriminalized state.
74 An Act to Amend Title 16 of the Delaware Code Creating the 86 In 1978, Mississippi amended its marijuana possession laws, codified
Delaware Medical Marijuana Act, S.B. 17, 146th Leg., Reg. Sess. (De. atMiss. Code Ann. § 41-29-139(c)(2). Specifically, Mississippi
2011); An Act to Amend Title 16 of the Delaware Code Relating to eliminated the punishment of imprisonment for a first offense of
Marijuana, H.B. 39, 148th Leg., Reg. Sess. (De. 2015). possession of certain amounts of marijuana. However, for larger
amounts and multiple offenses, it continued to classify marijuana
75 Legalization of Marijuana for Medical Treatment Amendment possession as a crime, and in some cases maintained criminal
Act of 2010, Council Act 18-429, 18th Leg., Reg. Sess. (D.C. 2010); penalties, including imprisonment. There is some disagreement
Legalization of Possession of Minimal Amounts of Marijuana about whether these types oflaws qualify as decriminalization.
for Personal Use Initiative Act of2014, Washington, D.C., Ballot However, for this report, we adopted a similar criteria as some
Initiative Measure 71 (approved by voters November 2014). other organizations, such as Drug Policy Alliance, Marijuana Policy
A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform 105
Page 119
Project, and NORML, classifying a state which does not impose or possession of certain amounts of marijuana, it continued
imprisonment for first offense as a type of decriminalized state. ito classify marijuana possession as a crime, and in some cases
aintained criminal penalties.
87 An Act Modifying Provisions Relating to Criminal Law, S.B. 491,
97th Leg., 2nd Reg. Sess. (Mo. 2014); Medical Marijuana and 96 orth Dakota Compassionate Care Act, North Dakota Initiated
Veteran Healthcare Services Initiative, Missouri Amendment tatutory Measure 5 (approved by voters November 2016); An Act to
2 (approved by voters November 2018). Specifically, Missouri end and Reenact North Dakota Marijuana Laws, H.B. 1050, 66th
eliminated the punishment of imprisonment for a first offense of eg., Reg. Sess. (Nd. 2019). Though North Carolina eliminated the
possession of marijuana, however it continues to classify marijuana unishment of imprisonment for possession of certain amounts of
possession as a crime, and in some cases maintain criminal arijuana, it continued to classify marijuana possession as a crime,
penalties. There is some disagreement about whether these types nd in some cases maintained criminal penalties.
of laws qualify as decriminalization. However, for this report, we
adopted a similar criteria as some other organizations, such as Drug 97 n 1975, Ohio amended its marijuana possession laws, classifying
Policy Alliance, Marijuana Policy Project, and NORML, classifying ow-level possession as a minor misdemeanor, codified at ORC
a state which does not impose imprisonment for first offense as a (\nn. 2925.11(C)(3). Medical Marijuana Control Program Act, H.B.
type of decriminalized state. r23, 131st Leg., Reg. Sess. (Oh. 2016). Ohio referred to marijuana
ossession as a misdemeanor, but it did not impose imprisonment nor
88 Montana Medical Marijuana Allowance Initiative, Montana Ballot criminal record for certain amounts. However, for larger amounts,
Initiative 148 (approved by voters November 2004); reformed by An .t maintained harsher criminal penalties, including imprisonment.
Act Establishing Montana Marijuana Act and Revising Laws Relating
to the Use of Marijuana, S.B. 423, 62nd Leg., Reg. Sess. (Mt. 2011); 98 edical Marijuana Legalization Initiative, Oklahoma State Question
amended by Montana Medical Marijuana Act, Ballot Initiative 182 88 (approved by voters June 2018); amended by Oklahoma Medical
(approved by voters November 2016). arijuana and Patient Protection Act, H.B. 2612, 2019 Leg., Reg.
ess. (Ok. 2019).
89 In 1979, Nebraska amended its marijuana possession laws, codified
at R.R.S. Neb. § 28416(13). Specifically. Nebraska decriminalized 99 regon Medical Marijuana Act, Oregon Ballot Measure 67 (approved
first offenses of possession of certain amounts of marijuana. y voters November 1998); Control, Regulation, and Taxation of
However, for larger amounts and multiple offenses, it continued arijuana and Industrial Hemp Act, Oregon Ballot Measure 91
to classify marijuana possession as a crime, and in some cases approved by voters November 2014).
maintained criminal penalties, including imprisonment. There is
some disagreement about whether these types of laws qualify as 100 edical Marijuana Act, S.B. 3, 2015 Leg., Reg. Sess. (Pa. 2016).
decriminalization. However, for this report, we adopted a similar
criteria as some other organizations, such as Drug Policy Alliance, 101 he Edward O. Hawkins and Thomas C. Slater Medical Marijuana
Marijuana Policy Project, and NORML, classifying a state which does ct, S.B. 0710, 2005 Leg., Jan. Sess. (Ri. 2005) (enacted by overriding
not impose imprisonment for first offense as a type of decriminalized overnor's veto in January 2006); Uniform Controlled Substance Act,
state. S.B. 2253, 2012 Leg., Jan. Sess. (Ri. 2012).
90 Nevada Medical Marijuana Act: Initiative Relating to the Use of a 102 tah Medical Cannabis Act, Utah Proposition 2 (approved by voters
Plant of the Genus Cannabis for Medical Purposes, Nevada Ballot ovember 2018); amended by Medical Cannabis Amendments, S.B.
Question 9 (approved by voters November 1998); Nevada Medical 002,2019 Leg., 1st Spec. Sess. (Ut. 2019).
Marijuana Act, Nevada Ballot Question 9 (approved by voters
November 2000); Nevada Marijuana Legalization Act: Initiative to 103 Act Relating to the Medical Use of Marijuana, S.B. 76,2004
Regulate and Tax Marijuana, Nevada Ballot Question 2 (approved by eg., Reg. Sess. (Vt. 2004); An Act Relating to Civil Penalties for
voters November 2016). ossession of Marijuana, H. 200, 2013 Leg., Reg. Sess. (Vt. 2013);
n Act Relating to Eliminating Penalties for Possession of Limited
91 An Act Relative to the Use of Cannabis for Therapeutic Purposes, H.B. ounts of Marijuana by Adults 21 Years of Age or Older, H. 511,
573,2013 Leg., Reg. Sess. (Nh. 2013); An Act Relative to the Penalties 018 Leg., Reg. Sess. (Vt. 2018).
for Possession of Marijuana, H.B. 640, 2017 Leg., Reg. Sess. (Nh.
2017). 104 ashington Medical Marijuana Initiative, Washington Initiative
692 (approved by voters November 1998); Washington Marijuana
92 New Jersey Compassionate Use Medical Marijuana Act, S.B. 119, Legalization and Regulation, Washington Initiative 502 (approved by
213th Leg., Reg. Sess. (Nj. 2010). oters November 2012).
93 The Lynn and Erin Compassionate Use Act, S.B. 523, 48th Leg., 1st 105 est Virginia Medical Cannabis Act, S.B. 386, 2017 Leg., Reg. Sess.
Sess. (Nm. 2007); Decreasing Penalties for Possession of Marijuana (Wv.2017).
and of Drug Paraphernalia, S.B. 323, 54th Leg., 1st Sess. (Nm 2019).
94 Medical Use of Marijuana, S.B. 7923, 2014 Leg., Reg. Sess. (Ny.
2014); An Act to Amend the Penal Law and the Criminal Procedure
Law, S.B. 6579, 2019 Leg., RegSess. (Ny. 2019).
95 In 1977, North Carolina amended its marijuana possession laws to
classify low-level possession as a Class C misdemeanor and remove
the threat of imprisonment, codified at N.C. Gen. Stat. § 90-95(d).
Though North Carolina eliminated the punishment of imprisonment
106 ACLU Research Report
Page 122
ATTACHMENT #4
Council Committee of the Whole Meeting of 09/26/2023
Rivera, Arielle M
From: Ellen Richardson <ellenr711@aol.com>
Sent: Monday, September 25, 2023 3:24 PM
To: City Clerks Office
Subject: EXTERNAL:Input on legalization of use of Marijuana in Dover
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
"There are a couple of hot button issues on the agenda. There is a public hearing tonight on the old post
office property and tomorrow we willhave a discussion about the future of legal marijuana in the city.
Your input is solicited in person or email cityclerk@dover.de.us ..
My personal input - I suspect here is enough substance abuse in Dover without adding this magnet to
attract out of towners to Dover.
Ellen Richardson
1