Washington, D.C. may no longer be the "murder capital," but new data released by the
D.C. police department confirms we're still #1 in something: marijuana arrests. 2011 saw
5,759 pot arrests -- a new city record, and up a whopping 76 percent over 2002.
While New York, Philly, Chicago and Boston have all stopped arresting people for small
amounts of pot, D.C. has stepped up its prosecutions.
So who are the nearly 6,000 people arrested each year for pot in D.C.? They fall into two
categories: People who are unlucky, and people who are black.
Hapless tourists are among the unlucky. Leaving your stash in a bush to avoid museum
security occurs to many tourists -- and leads to many arrests. When you retrieve your
bag (which has already been searched) it's off to the Museum of Crime and Punishment
-- your own.
The other category is more concerning. Although black and white people smoke marijuana at
similar rates, black men and women are eight times more likely to be arrested for
possessing small amounts of marijuana.
The arrest itself is seldom the worst part. And the sentence usually isn't too bad either,
as long as you don't mind litter patrol. The real problem is the permanent criminal record
created when someone is busted for pot.
As soon as someone's arrested, their name is entered into the national criminal
information database, available instantly on any deputy sheriff's laptop. When you reach
court, your name, and the offense your charged with, is placed on the court's public
database, available to employers, schools, or anyone with a computer. Your marijuana
arrest has gone viral.
When I first started representing kids on marijuana cases, "expungement" could seal a
criminal record, by literally shredding the paper court jacket. But now, after your criminal
record has sat on a public database for years, you can't un-ring the bell. Expect
targeted ads for bongs for the rest of your life -- and for many, lifetime problems with
jobs, school and advancement.
Is there a better way?
Detroit, think so. These cities have "decriminalized" possession of small
amounts of weed. It's an ugly word, but a sensible idea.
With decriminalization, marijuana is still illegal. But the maximum penalty for possession
of marijuana is reduced from the lowest level criminal offense (where it is now) to a civil
infraction. Instead of an arrest and prosecution, adults are given a citation and fined. For
juveniles, it's parental notification, plus an educational class.
For cash-strapped cities, marijuana fines make economic sense. Chicago expects to
reap $7 million in its first year, after switching from arrests to fines. D.C. is already
raking in millions a year on its speed cameras. Think of decriminalization as "weed
cameras" -- a nice way to fund schools and roads.
But it's not the fines alone that are driving the cities and states to reform their marijuana
laws. Marijuana arrests and prosecutions are a huge drain on police resources --
resources which could be devoted to fighting the soaring rate of street crime.
Metro transit crime is up in D.C., and higher than other comparable systems. Purse and
iPhone snatching are endemic. Most troubling, violent sex offenses shot up as much 59 percent in one area in 2012 -- not including those that go unreported.
When Chicago debated decriminalization in the summer of 2012, its police chief told
reporters that decriminalization would save his force 22,500 police man hours per year --
the difference in the time it takes to make an arrest versus just writing a citation.
Decriminalization means more cops on the street fighting real crime.
The cost savings for decriminalization don't stop at the police department. Courts,
judges, prosecutors, forensic chemists, urine screeners, court-appointed lawyers, and
parole and probation officers all cost money. By the time you add the total cost of
arresting and prosecuting a kid for a little bag of weed, you could have paid his college
tuition bill.
But won't decriminalization only encourage kids to smoke more pot? In fact, kids today
are doing a much better job on drug use than their parents' generation.
True, pot smoking is up -- no surprise, after we raised the drinking age to 21. These are
kids after all. But among young people, use of cocaine, heroin, tobacco and hard liquor
is way down, compared to their parents.
So how do we change this sad state of affairs? We need the courage to stand up for
fairness for young people.
The D.C. Council wrote the anti-marijuana laws, and the council could change them,
except for a distinct lack of will. Council Chairman Phil Mendelson has said it's not the
right time to discuss criminalization. As a candidate for the at-large council seat, I think
it is.
Can a candidate get elected in the drug war capital advocating marijuana law reform?
Only if people of good will come out of the closet on April 23 and vote for fairness. Of course, if they do, unemployment will go up. There'll be at least one unemployed marijuana defense lawyer -- me -- looking for a new line of work.
Paul Zukerberg is a Democratic candidate for D.C. Council in an April 23 Special
Election. His platform includes reform of D.C.'s marijuana laws.