tHe War on MariJUana in BlacK anD WHite

VII. RECoMMEndATIonS
A. Marijuana Policy
i. legalize Marijuana Use and Possession
The most effective way to eliminate arrests for marijuana use and possession, the
racial disparities among such arrests, and the Fourth Amendment violations that often
accompany such arrests, is to legalize marijuana. For instance, in Washington, Blacks
were almost three times more likely to be arrested for marijuana possession as whites,
and the Black/white racial disparity in marijuana possession arrests increased by
42% between 2001 and 2010. By passing Initiative 502, which legalized possession of
marijuana for people 21 years or older and thus ended arrests of adults for possession,
Washington has also ended such racial disparities with respect to marijuana possession
arrests of people 21 years or older.
Marijuana legalization should occur through a system of taxation, licensing, and
regulation under which private businesses licensed and regulated by the state can
sell marijuana subject to a sales tax. Legalization through taxing and licensing would
not only solve the arrests epidemic and its attendant racial disparities by removing
marijuana possession and use
Legalization would not
only solve the arrest
epidemic and its attendant
racial disparities, it would
save cash-strapped state
and local governments
millions of dollars.
110 | The <strong>War</strong> on Marijuana in Black and White
from the criminal justice system,
it would also save cash-strapped
state and local governments millions
of dollars in decreased police,
jail, and court costs that could be
redirected to supporting public
health approaches to drug addiction
and confronting more serious crime.
For example, in 2010, 61% of all
drug arrests in Colorado were for
marijuana possession, the ninth
highest percentage share in the country. Following passage of Amendment 64, which
legalized marijuana possession for adults, police can reinvest those resources toward
other more important public health and safety objectives. At the same time, legalization
through taxation and regulation would raise new revenue that states could apportion to
public schools, substance abuse prevention, including community- and school-based
programs, as well as to general funds, local budgets, research and health care.