PROBLEM MEMORANDUM
TO:United States Congress
FROM:Leslie Polanco
DATE:September 6, 2016
RE:The War on Drugs
Shortly after becoming president, Richard Nixon stated that he was determined to ameliorate the increasing drug abuse issues that were taking place in the United States. On October 27, 1970, the Controlled Substances Act (CSA) was passed to regulate the manufacturing and distribution of controlled substances (Wilson). President Nixon identified drug abuse as “public enemy number one in the United States”. By 1971, he created an agency known as the Office of Drug Abuse Law Enforcement (ODALE) to assist the federal and local government in combating drug trade. However, he wanted a much bigger agency to manage all facets of the drug problem, two years later Congress accepted his proposal, and the Drug Enforcement Administration (DEA) was created. Over 40 years later, we have been able to thoroughly observe the effects of the established drug policies; their ramifications have not been positive. The War on Drugs has resulted in a trillion dollar failure that has severely deteriorated the civil liberties of black people and has been unsuccessful in its objective to reduce drug use (Dai).
Former Nixon aide, John Ehrlichman admitted that the War on Drugs was aimed at black people and hippies, who were Nixon’s biggest enemies, and unfortunately blacks continue to be persecuted by this (LoBianco). Drug laws in the United States have disproportionately affected black people. Arrest data has shown that whites are more likely than blacks to sell and use drugs, yet blacks are three timesmore likely than whites to get arrested for drug possession (Knafo). AUSA Today analysis of arrest rates in the United States illustrated the racial disparities that exist in our criminal justice system. “Blacks are far more likely to be arrested than any other racial group in the USA. In some places, dramatically so. At least 70 departments scattered from Connecticut to California arrested black people at a rate 10 times higher than people who are not black” (Heath). Additionally, blacks are also more likely to serve longer sentences than whites for similar crimes. In 2014, a report by the American Civil Liberties Union (ACLU) stated that a convicted black male is likely to receive a sentencing rate 20% longer than whites for comparable crimes (Turner and Dakwar, 1).
Racial disparities in drug convictions are clear in crack and cocaine sentencing. The Anti- Drug Abuse Act of 1986 implemented a minimum sentence of 5 years without parole for individuals in possession of 5 grams of crack cocaine; yet the same sentence applied to 500 grams of powder cocaine (100:1 weight ratio). Congress defended this policy by citing the increasing danger of crack compared to cocaine. Much of the data that Congress cited to defend the harsher sentencing has been proven false. In 2006, the National Institute on Drug Abuse stated, “the pharmacological effects of cocaine are the same, regardless of whether it is in the form of cocaine hydrochloride [powder] or crack cocaine” (Reinarman). In 2003, 7.8% of crack cocaine defendants were white, while 80% were black, yet 66% of crack cocaine users at the time were white or Hispanic (Vagins and McCurdy, 1). By 2010, the Fair Sentencing Act reduced the weight ratio of crack to cocaine (18:1) and eliminated the 5 year minimum sentence. Despite a diminished ratio, there are still thousands of prisoners, primarily black, serving harsh sentences for convictions that occurred prior to the Fair Sentencing Act (McCray).
Even after completing a prison sentence black people, who constitute the majority of the prison population, continue to be condemned by policies that punish ex- convicts. Depending on the state you reside in, you may lose the right to vote, travel abroad, bear arms, serve on a jury, employment, social benefits and housing, and parental rights (Hirbyand). “Black Americans of voting age are four times more likely to lose their voting rights than the rest of the adult population, with one of every 13 black adults disenfranchised nationally” (Chung, 3). Based on public opinion surveys, 8 out of 10 U.S. residents agree that individuals that have served their sentence should not be denied the right to vote and 2/3 of residents agree that those on parole or probation should not be denied suffrage either (Chung, 4). The same support is being geared towards employment rights for felons, with the “Ban the Box” movement that aims to convince employers to not inquire on an individual’s criminal record on a job application. With many states allowing employers to use criminal records when making hiring decisions, it is not surprising that recidivism is highest among blacks (Hartney and Vuong, 3). Ex- convicts that have difficulty obtaining employment will most likely return to prison (Tahmincioglu). Additionally, government assistance programs in many states can exclude ex-convicts from receiving benefits, including but not limited to public housing, educational benefits, and food stamps. All these obstacles excessively deprive black people from opportunities and instead set them up for failure and a very high chance of returning to prison.
The War on Drugs has concentrated on enforcement rather than treating the abuse of drugs. Since the 1970s the United States has spent over $1 trillion on the War on Drugs but the drug addiction rate in the United States has remained constant (Dai). This is not surprising, since the majority of the federal drug war budget continues to be geared towards supply reduction. A report published by the Drug Policy Alliance stated, “A significant majority of this [2016] annual budget- roughly 55 percent- is devoted to policies that attempt to reduce the supply of drugs, such as interdiction, eradication and domestic law enforcement. Less than 45 percent is devoted to treatment, education and prevention…Almost nothing is spent on life- saving harm reduction services” (The Federal Drug Control Budget). Nevertheless, we continue to irresponsibly spend tax dollars on policies that have repeatedly proven that they are not effective in their objective to control drug abuse. As the country with the highest prison population in the world, the majority being black people, it is evident that we need to modify our current policies on drug crimes. I look forward to your response on these issues and arriving at an amicable solution. Thank you for your time and attention to this matter.
Works Cited
Chung, Jean. "Felony Disenfranchisement: A Primer." Sentencing Project.N.p.,May2016. Web. 8Sept.2016.
Dai, Serena. "A Chart That Says the War on Drugs Isn't Working." The Atlantic.N.p., 12Oct.2012. Web. 8Sept.2016. "The Federal Drug Control Budget."Drug Policy Alliance | Guiding Drug Law Reform & Advocacy. N.p.,Feb.2015. Web. 8Sept.2016.
Hartney, Christopher, and LinhVuong. "Created Equal: Racial and Ethnic Disparities in the Criminal Justice System." National Council on Crime & Delinquency.N.p.,Mar.2009. Web. 8Sept.2016.
Heath, Brad. "Racial gap in U.S. arrest rates: 'Staggering disparity'." USA Today.N.p., 19Nov.2014. Web. 8Sept.2016.
Hirbyand, J. "What Rights Do Convicted Felons Lose?" The Law Dictionary.N.p., n.d. Web. 8Sept.2016.
Knafo, Saki. "When It Comes To Illegal Drug Use, White America Does The Crime, Black America Gets The Time." The Huffington Post.N.p., 8Sept.2013. Web. 8Sept.2016.
LoBianco, Tom. "Report: Nixon Aide Says War on Drugs Targeted Blacks, Hippies." CNN.N.p., 24Mar.2016. Web. 8Sept.2016.
McCray, Rebecca. "5 Years Later, Here Are 5 Ways the Fair Sentencing Act Changed the War on Drugs." TakePart.N.p., 3Aug.2015. Web. 8Sept.2016.
Reinarman, Craig. "5 Myths About That Demon Crack." Washington Post.N.p., 14Oct.2007. Web. 8Sept.2016.
Tahmincioglu, Eve. "Unable to Get Jobs, Freed Inmates Returning to Jail." Msnbc.com. N.p., 17Feb.2010. Web. 8Sept.2016.
Turner, Jennifer, and JamilDakwar."Hearing on Reports of Racism in the Justice System of the United States."American Civil Liberties Union.N.p., 27Oct.2014. Web. 8Sept.2016.
Vagins, DeborahJ., and Jesselyn McCurdy. "Cracks in the System: Twenty Years of the Unjust Federal Crack Cocaine Law." American Civil Liberties Union.N.p.,Oct.2006. Web. 8Sept.2016.
Wilson, StevenH. "Controlled Substances Act (1970)." Encyclopedia.com. N.p.,2004. Web. 8Sept.2016.