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Drug Decriminalization in Maryland Through an African Centered Research Paradigm- Analysis and Recommendations

This document offers guidance for theorizing questions related to a proposed research project purposed to advance drug decriminalization in Maryland.

This document offers guidance for theorizing questions related to a proposed research project purposed to advance drug decriminalization in Maryland.

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As the exonerations <strong>in</strong> Harris County demonstrate, people plead guilty to drug possession<br />

even when they are <strong>in</strong>nocent, because the system makes them feel they have no choice.<br />

These cases also show that field tests often produce false positives <strong>an</strong>d yet are sometimes<br />

the only evidence of drug possession. Fortunately for the defend<strong>an</strong>ts, Harris County<br />

<strong>in</strong>vested the time <strong>an</strong>d resources to test drugs after conviction. Harris County Public<br />

Defender Alex Bun<strong>in</strong> told us that if other jurisdictions undertook the same effort, he<br />

expected we would see that around the country <strong>in</strong>digent defend<strong>an</strong>ts plead guilty to drug<br />

possession when they are <strong>in</strong>nocent.” (Hum<strong>an</strong> Rights Watch, 2016).<br />

This is <strong>in</strong>terest<strong>in</strong>g not merely from the perspective of promot<strong>in</strong>g the “<strong>in</strong>nocence” narrative, but<br />

specifically because it impugns the ability for cops to be perceived as competent <strong>an</strong>d effective<br />

adjudicators of guilt <strong>an</strong>d <strong>in</strong>nocence under drug prohibition. As such, a research project that focuses<br />

on limit<strong>in</strong>g polic<strong>in</strong>g to be able to test for drugs accurately, with <strong>an</strong> explicit focus on the police’s<br />

ability to “game” the test or the fundamental issues of field tests essentially tak<strong>in</strong>g the place of jury<br />

trials <strong>in</strong> establish<strong>in</strong>g guilt <strong>an</strong>d <strong>in</strong>nocence, would help delegitimize the very notion that drug<br />

possession c<strong>an</strong> be adjudicated <strong>in</strong> a crim<strong>in</strong>al m<strong>an</strong>ner <strong>an</strong>d thus help foster a drug decrim<strong>in</strong>alization<br />

narrative. Additionally, fund<strong>in</strong>g for a project, as was done <strong>in</strong> Texas, that attempts to exonerate<br />

those convicted of drug possession based on false positive field tests could be a productive research<br />

<strong>in</strong>quiry. This would also meet the objective of “heuristic” or applied research <strong>in</strong> that it would have<br />

real-world results towards further<strong>in</strong>g the goal of the material liberation of oppressed people. It<br />

would help <strong>in</strong>dividuals craft appeals that could lead to their exoneration <strong>an</strong>d freedom. While this<br />

would feed the myth of “<strong>in</strong>nocence,” the real world material contribution to liberat<strong>in</strong>g people from<br />

prison makes this effort a fruitful research effort. Aga<strong>in</strong>, these efforts must explicitly be def<strong>in</strong>ed<br />

by researchers as delegitimiz<strong>in</strong>g the very notion that police should have the authority to police<br />

drug possession, lest these efforts be recast by police “reformers” as a me<strong>an</strong>s to give them more<br />

researchers for better <strong>an</strong>d “more professional” test<strong>in</strong>g. <strong>Research</strong>ers must be cogniz<strong>an</strong>t of deeply<br />

embedded pro-police assumptive logic embedded <strong>in</strong> Americ<strong>an</strong> society which c<strong>an</strong> make even<br />

efforts designed to challenge police authority <strong>in</strong>to reasons to give them even more money <strong>an</strong>d<br />

support <strong>in</strong> the name of “reform”.<br />

Moreover, researchers should be cautious when confront<strong>in</strong>g the notion of empathy <strong>an</strong>d<br />

emphasiz<strong>in</strong>g the illegitimate suffer<strong>in</strong>g of the victims of the War on <strong>Drug</strong>s. While it is the<br />

assumption that this sort of hum<strong>an</strong>ization creates identification with victims which is politically<br />

productive, it assumes the experiences of those who are victimized are knowable to the audiences.<br />

A reality which is d<strong>an</strong>gerous as it creates the assumption that white audiences are able to<br />

underst<strong>an</strong>d <strong>an</strong>d identify with the suffer<strong>in</strong>g of Afric<strong>an</strong> peoples on the terms of Afric<strong>an</strong> peoples.<br />

Where what more often happens is the deep suffer<strong>in</strong>g of people of Afric<strong>an</strong> descent gets tr<strong>an</strong>sposed<br />

<strong>in</strong>to political <strong>an</strong>d moral narratives that are familiar to white audiences (Hartm<strong>an</strong>, 2010). Columbia<br />

University professor <strong>an</strong>d MacArthur Genius award recipient Sidiya Hartm<strong>an</strong> presents this <strong>an</strong>alysis<br />

4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

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