Opinion

Racial bias and marijuana possession Racial bias in marijuana possession charges casts doubt on the criminal justice system.

White kids are more likely to smoke pot than black kids. Black kids are more likely to get arrested for it. That's the bottom line of a recent report by the American Civil Liberties Union titled "The War on Marijuana in Black and White."

Relying on data from the FBI and most recent U.S. Census, this report is the first to examine marijuana possession arrest rates by race for every state and the District of Columbia. The findings present a disturbing picture of taxpayer dollars wasted on nonviolent offenders and widespread racial discrimination.

Between 2001 and 2010, there were more than 7 million arrests for possession of marijuana, accounting for nearly half of all drug arrests, up from only 34 percent in 1995. Blacks and whites consume pot at generally the same rates, with older blacks and younger whites more likely than their counterparts, but across the board blacks are 3.73 times more likely to be arrested for possession.

Harris County had the fifth-highest number of arrests in the nation for marijuana possession, with 11,836 arrests in 2010. Blacks were 44.9 percent of all arrests, despite only being 18.9 percent of the population. That same year, Chambers County had the second-highest black arrest rate in the nation, with more than 3.5 percent of the county's black population arrested for marijuana possession - in contrast to less than one-half percent of the white population.

While this routine disparity is shocking, in a certain light it makes perfect sense. If white kids at college campuses and suburban high schools were arrested at black rates, angry parents would ensure that the police paid hell for ruining their kids' futures.

If police make mass marijuana arrests in black neighborhoods, it looks like good policing. But for those convicted, there isn't anything good about it. In addition to lawyer fees, legal fines and possible jail time, conviction for possession of marijuana can mean such long-term consequences as automatic suspension of a driver's licence, being stripped of the right to vote and denial of federal student loans. One charge can create an insurmountable barrier to getting a job or education, and it is hard to imagine how society could function if black prosecution rates were applied to everyone.

Looking at the ACLU numbers, it is hard to deny something is discriminatory about our criminal justice system, even if we can't point to a single specific law or practice to blame. And one has to wonder what other crimes are being committed that non-black folks are getting away with that would put blacks behind bars.

Meanwhile, Texas is considering throwing out thousands of drug charges because they relied on evidence from a disgraced Department of Public Safety chemist who was unqualified to do the work. The ACLU report should lead Texas lawmakers, judges and prosecutors to consider the legitimacy of all those other drug charges, as well.