OKLAHOMA CITY – According to a new report by the ACLU, Blacks were arrested for marijuana possession at nearly three times the rate of whites in 2010, despite comparable marijuana usage rates. The report, Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests, released today, is the first ever to examine state and county marijuana arrest rates nationally by race. The findings show that while there were pronounced racial disparities in marijuana arrests 10 years ago, they have grown significantly worse.[1]

“The War on Marijuana has disproportionately been a war on people of color,” says Ezekiel Edwards, Director of the Criminal Law Reform Project at the ACLU and one of the primary authors of the report. “State and local governments have aggressively enforced marijuana laws selectively against Black people and communities, needlessly ensnaring hundreds of thousands of people in the criminal justice system at tremendous human and financial cost.”

In Oklahoma, the counties with the largest racial disparity in marijuana possession arrests were Kay, Creek, and Pontotoc. Statewide, police officers made 10,478 arrests for marijuana possession in 2010, and marijuana possession rates accounted for 52.4% percent of all drug arrests in 2010. In the past 10 years, marijuana possession arrest rates have decreased 7.9% but the racial disparities among such arrests have increased 29.8%.

Despite the fact that a majority of Americans now support marijuana legalization, Oklahoma spent nearly $30 Million enforcing marijuana laws in 2010. Nationally, states spent an estimated $3.61 billion enforcing marijuana possession laws in 2010 alone.

“The aggressive policing of marijuana is time-consuming, costly, racially biased, and doesn’t work,” says Ezekiel Edwards, Director of the Criminal Law Reform Project at the ACLU and one of the primary authors of the report. “These arrests have a significant detrimental impact on people’s lives, as well as on the communities in which they live. When people are arrested for possessing even tiny amounts of marijuana, they can be disqualified from public housing and student financial aid, lose or find it more difficult to obtain employment, lose custody of their child, and be deported. In addition, the targeted enforcement of marijuana possession laws against people of color creates a community of mistrust and reduced cooperation with the police, which damages public safety. Furthermore, despite being a priority for many police departments across the states for the past decade, the aggressive enforcement of marijuana laws has not even accomplished one of law enforcement’s purported goals: to eradicate or even diminish the use of marijuana.”

Key national findings from the report include:

Arrests Rates

-          Nationwide, between 2001 and 2010, there were 8.2 million marijuana arrests. Over 7 million, or 88%, of these arrests were for possession (versus for sale or distribution). In 2010, there were over 889,000 marijuana arrests – 300,000 more than arrests for all violent crimes combined that year. This means one marijuana arrest every 37 seconds in 2010. Over 780,000 of those arrests were for possession.

Race Disparities

-          Nationwide, a Black person was over 3.7 times more likely to be arrested for marijuana possession than a white person, despite comparable usage rates.

-          In the states with the worst disparities, Blacks were on average more than 6 times as likely to be arrested for marijuana possession as whites. And, in counties with the worst disparities, Blacks were over 10, 15 and even 30 times more likely to be arrested.

-          The racial disparities exist in all regions of the U.S., as well as in both large and small counties, cities and rural areas, and in both high- and low-income communities. Disparities are also consistently high whether Blacks make up a small or a large percentage of a county’s overall population.

“It’s time for Oklahoma to end its participation in the failed war on marijuana,” said Ryan Kiesel, Executive Director of the American Civil Liberties Union of Oklahoma. “From the distrust it creates, particularly in communities of color, to the diversion of scarce public safety resources, continuing down this path is not only foolhardy, it actually makes Oklahomans less safe.”

The ACLU is calling for the states to legalize marijuana by licensing and regulating marijuana production, distribution, and possession for persons 21 or older, taxing marijuana sales, and removing state law criminal and civil penalties for such activities, which it says would eliminate the unfair racially- and community-targeted selective enforcement of marijuana laws. In addition, at a time when states are facing budget shortfalls, taxing and regulating would allow them to save millions of dollars currently spent on enforcement while raising millions more in revenue, money that can be invested in public schools and community and public health programs, including drug treatment. If legalization is not possible, the ACLU recommends depenalizing marijuana possession by removing all civil and criminal penalties for authorized use and possession for persons 21 or older; or, if depenalization is not possible, decriminalizing low-level marijuana possession by replacing all criminal penalties for use and possession of small amounts of marijuana for adults and youth with a maximum civil penalty of a small fine. Finally, if decriminalization is not possible, the ACLU suggests police and prosecutors deprioritize enforcement of marijuana possession laws.

In the report, the organization also urges lawmakers and law enforcement to reform policing practices, including ending racial profiling as well as unconstitutional stops, frisks, and searches, and also to reform state and federal funding streams that incentivize police to make low-level drug arrests.

To see the full report visit www.aclu.org

[1] In 38 states, this disparity has gotten worse, in two it has remained the same, and in ten the disparities have decreased. Please feel free to amend this sentence so it makes sense and is strategic given your state’s or jurisdiction’s data.

While many other organizations and individuals were concerned by the fundamentally conservative nature of the new administration and agency heads, the affiliate was prepared for the typical neglect toward civil liberties as witnessed in the past. The strategy changed very little this session. Legislative Counsel Tamya Cox, who also serves as the lobbyist, was required to be in the office more this session due to the transition of executive directors. Therefore, Cox focused her attention on bills that lacked an organized effort. She wrote more position papers and provided needed talking points to key legislators.

Mainly anti-immigrant bills and First Amendment restrictions bills became the focus of her efforts. Over 20 anti-immigrant bills were introduced this session. It was expected that an Arizona copy-cat bill would be introduced, and there were several versions introduced. Several bills attempted to redefine the 14th Amendment and other bills were introduced that would penalize children of undocumented individuals, prohibiting them from attending public schools- a clear violation of long held case law.

Early in the session, HB 1446 was designated by the House leadership as the only bill that would be allowed to proceed through session. HB 1446 consisted of many provisions. The main sections would allow certain law enforcement agencies, upon initial detainment, to check the immigration status of any one and also prohibit undocumented students from receiving in-state tuition waivers. HB 1446 was fully expected to be signed into law. Through an unprecedented vote, both opponents and supporters of anti-immigrant bills joined together to vote the final version of the bill down. Opponents of HB 1446 argued that the bill went too far while supports of anti-immigrant bills argued the bill did not go far enough. Their combined efforts rejected the bill.

However, it is fully expected a similar version of this bill will be introduced next year, but for now there is a collective sigh of relief.

Anti- civil liberties bills that were signed into law include:

• HB 1888- prohibits abortions after 20 weeks
• SB 547- prohibits certain private insurance companies from offering abortion coverage
• SB 406- increases distance and time a person may protest a military funeral
• SJR 15- ban equal opportunity programs (will go to a vote of the people Nov. 2012)

The language of SQ 759 appears innocuous but the affect will be detrimental to many Oklahomans. The language on the ballots reads:

“This measure amends the Oklahoma Constitution. It adds a new section 36 to Article II. It will not allow special treatment or discrimination based on race or sex in public employment, education or contracts. It gives exceptions for some situations. It sets out remedies for violations.”

The attempt to ban equal opportunity is not new to Oklahoma. In 2008, Oklahoma faced this same issue through an initiative petition. The language was the same and the group behind the action was the same. Ward Connerly, a conservative, rich, African-American, has made it his mission to prohibit such important programs throughout the state. He has been successful in such states at California, Washington State, and Michigan. After the passage of this measure, all states witnessed devastating effects to women and minority representation.

California saw a dramatic decline in the enrollment rates of minority students in the University of California system. At UC-Davis, prior to the adoption of similar legislation, women comprised 52% of new faculty hiring. The year after the law was enacted, that percentage dropped to 13%/ Washington State saw a decrease of over 25% in the share of Seattle public words contracts awarded to women or minority-owned firms.

SQ 759 threatens to a range of targeted programs that most voters may not associate with “discrimination” and “preferences” at all: science and technology programs for girls, higher education funding for minority health professionals, review systems designed to monitor and address discrimination, domestic violence programs, breast cancer screenings, and much more.

The ACLU of Oklahoma has partnered with many organizations to combat SQ 759. Deputy Director Tamya Cox has served on panels across the state highlighting how important it is that equality programs remain prevalent in Oklahoma.

She will be discussing this issue June 21st at 6:00pm. The event will be located at the Lorton Hall on the campus of the University of Tulsa.

Note: The ACLU of Oklahoma has an information pamphlet entitled Affirmative Action Mythbusters, which can be downloaded from our Publications page.

The ACLU of Oklahoma mourns the death of civil rights pioneer Clara Luper. Luper passed away earlier this month.

In 1958, three years before the famous freedom rides, Luper led a group of young activists to Katz Drug store and sat down at the segregated counter. The group endured threats and assaults but refused to be moved. When the young heroes were finally served, their pursuit of equality did not end. Luper and other young activist staged sits across the city at the John A. Browns Luncheonette, Anna Maude Cafeteria, the Skirvin Hotel and Wedgewood Amusement Park.

Luper continued to inspire young people through her long career as an Oklahoma educator.

As we continue to strive for equality for all, we will continue to follow her lead. We will continue to be facilitators of her spirit and promise keepers of her dream. Her spirit will greatly be missed but her legacy will endure always.

Tamya Cox, legislative counsel, lobbied at the legislature to ensure these bills would not be heard. She, along with Interim Executive Director Mark Henricksen, traveled the state hosting town hall meetings to reassure Oklahomans that the ACLU stands by them, and will not allow racist, xenophobic measures to become law. Outreach Coordinator Allie Shinn organized a bulk mail campaign to oppose any efforts to opt out of the citizenship clause of the Fourteenth Amendment.

Through a combination of the ACLU’s efforts and those of countless Oklahomans of all ages and backgrounds not one single anti-immigrant bill became law. The ACLU of Oklahoma extends heartfelt thanks to all who worked to prevent the legislature from defining who is and is not a valuable resident of this state.

Tamya Cox, Legislative Counsel, demonstrates how to follow a bill in the Oklahoma Legislature.

Tamya Cox, Deputy Director and Legislative Council, will be the guest speaker at the Friday Noon Speaker Luncheon of the Oklahoma County Democratic Party on Friday, June 3. The luncheon series is held at the Boulevard Cafeteria, 525 NW 11th Street.

She will speak about how to successfully defeat the placement of an anti-affirmative action state question on the 2012 presidential ballot.

Ms. Cox is a graduate of the Oklahoma City University School of Law; she also holds a Bachelor of Arts Degree in Broadcast Journalism with an emphasis in public relations from Oklahoma State University. Ms. Cox’s service with the ACLU of Oklahoma began in 2005 as Litigation Coordinator.

Lindsay Earls

The ACLU of Oklahoma City University is honored to have Lindsay Earls as a speaker on April 15, at 5:30pm in the Homsey Moot Courtroom of Sarkey’s Law Center. Earls was a high school student in Tecumseh, Oklahoma, in 1999. The school had developed a policy in 1998 that required all students in grades 7-12 to submit to a urine test before joining any extracurricular activities. Earls was on the academic team and show choir, and although she took the drug test and passed, she filed a lawsuit claiming the policy violated the Fourth Amendment’s prohibition against unreasonable search and seizure.

Her position was denied by the district court, but supported by the Tenth Circuit Court of Appeals. Her case reached the United States Supreme Court in 2002, where Earls was ruled against in a 5-4 decision, upholding the “special needs exception” referred to in Vernonia School District v. Acton. She was represented throughout the process by ACLU attorney Graham Boyd.

After leaving Tecumseh, Earls went on to graduate from Dartmouth and is currently a first-year law student at the University of Tulsa. The speaking engagement will begin with a short video about the case, then proceed to comments from Earls about her case and how it affected her life, and follow-up with a question and answer session. This event is open to the public, and students who have evening classes are welcome to attend and leave as needed; they are just asked to sit near an aisle to avoid any disruption. The event should be over by approximately 7pm.

Katy Jones
Oklahoma City University (JD, 2011)
Public Interest Law Group President
ACLU of OCU President