Newswise — Ann Arbor, June 19, 2023 –The actual removal of penalties for drug possession could serve as an initial positive measure towards tackling the unequal effects of an overwhelmed criminal justice system in the United States on the Black community. As per recent research published in Elsevier's American Journal of Preventive Medicine, such an approach demonstrated notable and enduring declines in arrests related to minor offenses. These arrests frequently hinder drug users from accessing necessary treatments and support. The results also indicate that despite the overall decrease in arrests, there remain significant discrepancies in how law enforcement implements these policies based on race. It is imperative that these gaps are adequately addressed, as suggested by the investigators.
The United States holds the highest incarceration rate compared to any other country. Despite comparable levels of drug use throughout the population, the enforcement and legal prosecution of drug possession have an uneven focus on Black and low-income communities, contributing significantly to racial disparities within correctional facilities. While certain states and local areas have implemented decriminalization laws, numerous jurisdictions are utilizing prosecutorial discretion as a means of de facto decriminalization. This approach aims to redirect individuals involved in low-level drug offenses away from prisons, which often lead to unfavorable health consequences.
Saba Rouhani, PhD, MSc, Assistant Professor in the Department of Epidemiology at the New York University School of Global Public Health and a core faculty member at the school's Center for Anti-racism, Social Justice, and Public Health, who led the investigation, expressed the motivation behind the study, stating, "Our intention in conducting this research was to investigate the potential influence of such a policy on racial inequalities within Baltimore's criminal justice system. Baltimore, being a predominantly Black city burdened by substance use issues and racialized policing, provided an important context for our analysis."
During their analysis, the investigators examined arrest patterns spanning from January 2018 to December 2021, both before and after the implementation of a de facto decriminalization policy in Baltimore. The findings revealed a noteworthy decrease in arrests related to low-level drug offenses subsequent to the policy change in April 2020. Moreover, this decline persisted and continued to decrease over time. Notably, the majority of the decline (82%) was observed within the Black community. While this indicates a substantial overall reduction in drug-related arrests among Black residents, the study also discovered an alarming trend: the ratio of street arrests for Black individuals compared to non-Black individuals actually increased from 5:1 to 12:1.
Dr. Rouhani provided her perspective on the findings, stating, "Our examination of arrest data prior to and following the de facto decriminalization of drug possession in Baltimore highlights its potential to reduce arrests related to low-level drug offenses, which tend to disproportionately affect individuals of color. However, our analysis also revealed a troubling trend of widening racial disparities in drug possession arrests after the policy change. This means that the small number of individuals who continued to be arrested for simple drug possession, despite the non-prosecution directive, were predominantly from the Black community."
These latest findings complement previous research conducted by the same team, which demonstrated that less than 1% of individuals who had their warrants and pending charges dropped for drug possession under this policy were subsequently involved in more serious offenses within the following year. Taken together, these studies suggest that implementing de facto decriminalization measures can effectively and swiftly reduce drug-related arrests without leading to an escalation in other types of criminal activity within the community.
The investigators acknowledged that the COVID-19 pandemic may have contributed to the initial sharp decrease in arrests. However, they pointed out that even after the lifting of stay-at-home orders, the decline in low-level drug arrests persisted, indicating that the pandemic alone could not account for the sustained reductions. Furthermore, the researchers found that other types of crimes did not exhibit the same magnitude of reductions, which provided additional evidence supporting the conclusion that the policy directive specifically influenced the observed decline in drug-related arrests.
Dr. Rouhani emphasized the relevance and timeliness of this research, as it evaluates the impacts of a de facto decriminalization approach. Understanding whether such an approach can reduce arrests in the absence of legislative reforms is crucial for determining its potential to improve subsequent health outcomes, including reducing drug overdoses. To address the racial disparities in arrests, jurisdictions need to closely examine how police discretion affects the implementation of these policy directives. Additionally, there is a need for mobilizing community health and social services to ensure that individuals diverted from the criminal justice system have reliable access to essential resources such as housing, employment, and healthcare. These measures are essential for enhancing long-term health outcomes.
RSS