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The Drug War's Toll on the
Black Community
By Salim Muwakkil
The war on drugs has wreaked such a wide swath of
social destruction, one hardly knows where to begin a critique.
The failings of a policy purportedly designed to halt drug use have
been nothing short of spectacular. Instead of creating a drug-free
society, this high-cost combat strategy has unleashed an assault
on American liberty, fueled a gun-riddled underground economy, corrupted
law enforcement and transformed the "land of the free" into the
world largest jailer. It has helped produce global cartels of illicit
drug dealers, fueled domestic racial animosities, and diverted untold
resources from more productive social investments.
So, criticism
of this disastrous policy can be launched from many fronts. I'll
focus on the racial front. Some of the drug war's most extensive
collateral damage is happening in the black community. The incarceration
epidemic that has been triggered by this irrational war has hit
the black community in a wildly disproportionate fashion. Of the
nearly two million people currently imprisoned, about half of them
are African American, a group that comprises only 12 percent of
the population.
Just think:
nearly one in three of every black male in his 20s is under the
control of the criminal justice system in some way; one of every
eight black males in the 25-34 age group is locked up on any given
day; and, according to the Sentencing Project, a think-tank that
focuses on criminal justice reform, 29 percent of black males born
today can expect to spend time in a state or federal prison if current
trends continue.
A high proportion
of these inmates are imprisoned for charges related to drug commerce
or use. They generally are under-educated residents of inner-city
communities that are bereft of commercial life except in the underground
economy. For many of these youth, drug commerce is manifestly their
only viable source of employment and thus they are tracked into
criminal marginality.
This is an
extremely debilitating process; in fact, in my opinion, it is a
social emergency, when you consider the generational effects of
such high rates of incarceration. But there is little public awareness
of this enormous domestic problem; most Americans find nothing unusual
about the high incarceration rates for African Americans. In this
country, we've learned to link complexion to crime through a long
process of socialization.
The association
of clusters of black men with criminality is a cultural custom as
old as America itself. The fear of slave revolts prompted officials
in early America to ban all gatherings of black men; the "slave
codes" forbade black men from congregating for purposes other than
laboring for whites. After slavery ended, the codes enforced similar
prohibitions on newly freed African-Americans. Early America had
an enormous economic stake in enforcing racial hierarchy, so it
was essential to eliminate any threat to that color-coding. Because
rebellious black men represented the most salient potential threat,
they faced draconian legal restrictions and repressive social constraints.
They also were frequent victims of vigilante justice, as thousands
of African-American men were lynched between the late 1880s and
the late 1930s, many for the unfounded charges of rape.
In retrospect,
it's very clear that lynching was driven more by racial hatred and
anxieties than by a search for justice. However, the conventional
wisdom of the era automatically assumed the guilt of the murdered
black men. The link between criminality and complexion is rooted
deeply in American culture. In fact, whenever policy makers have
sought to demonize drug use, they would often attempt to associate
it with matters of race.
Historian David
Musto has chronicled the process well in his 1999 book, The American
Disease: Origins of Narcotic Control. He writes that opium,
once deemed a medical miracle due to its use as a powerful anesthetic
during the Civil War, fell into disrepute because of its relationship
with Chinese immigrants during the late 19th century. Cocaine, touted
as a medical cure-all for problems as varied as allergies and alcoholism,
became associated with perceived black violence against whites in
the period directly following the Civil War. Stories abounded about
the drug's alleged propensity to lead black men to rape white women,
as well as making them impervious to smaller caliber firearms. In
an official report submitted to Congress in 1910, an expert identified
as Dr. Hamilton Wright wrote that "cocaine is often the direct incentive
to the crime of rape by the Negroes of the south and other sections
of the country."
Some analysts
argue that the threat of "cocainized Negroes" spurred the development
of higher-caliber handguns.
The history
of marijuana policy also owes much to racial demonology. One leader
of an anti-immigration coalition charged, "Marijuana, perhaps now
the most insidious of pure narcotics, is a direct by-product of
unrestricted Mexican immigration. Mexican peddlers have been caught
distributing sample marijuana cigarettes to school children." After
famed anti-drug crusader Harry Anslinger fanned the flames of racism
by adding colorful stories of Harlem smoking dens, the public was
ready to outlaw marijuana. It's clear that marijuana use was criminalized
because of its class-race associations.
In the 1960s,
when marijuana use was rampant among middle-class colleges students
and white "hippies," and legions of them were being arrested, suddenly
there were reassessments of public policies about cannabis. Commissions
created by Presidents Kennedy and Johnson questioned the prevailing
assumptions of marijuana's harmful affects.
By the 1970s,
legislation distinguishing it from other drugs was passed and penalties
for possession were lowered. The Carter Administration endorsed
decriminalizing possession of small amounts of marijuana. In the
1930s reefer smokers were thought to be sinister Mexican banditos
and rapacious Negroes, and the drug was demonized; in the 1970s,
when government considered easing up on penalties for possession,
grass-smokers were thought to be creative (white) hippie types just
groovin' on the vibe, man.
In addition
to our historical predilection to give drugs an insidious racial
connection, there are the nation's traditional habits of law enforcement.
The first organized forces of policing in this country were the
slave patrols; thus, US law enforcement has always had a dual purpose:
one, maintaining the domestic social order and, two, enforcing the
racial hierarchy.
It is that
second function that currently devastates the African American community,
although you'd never know it by the amount of media concern it generates.
For example, there was little media mention of the study Human Rights
Watch published that detailed wide disparities in the treatment
of black and white drug offenders within the criminal justice system.
The May 2000 study, titled "Punishment and Prejudice: Racial Disparities
in the War on Drugs," found that there are five times more white
drug users than black users, but African Americans are imprisoned
at many times the rate of whites. The greatest disparity is right
here in Illinois, where blacks are put in prison at 57 times the
rate of whites for selling or using drugs, and where African Americans
make up 90 percent of the inmates imprisoned for drugs.
This is raw
apartheid, yet there are few voices raised in outrage. And although
you here are an interested audience, I'm willing to bet that many
of you have never heard of this startling study. More amazingly,
too few black politicians or leaders have made much noise about
the realities outlined in the study. Although African-Americans
are bearing the highest toll of the ridiculous drug war, few black
leaders are speaking out against it. In my opinion, the reason for
their lack of interest in questioning the very assumptions of the
drug war is the clerical influence.
Most black
leaders are also "reverends" of one type or another, and thus their
notions of Christian rectitude manage to get all tied up with their
judgments on political and secular matters, and we get this mish-mash
of political wishy-washiness. But we can't just blame the black
ones; politicians spanning the entire color spectrum are terrified
of being called soft on drugs. There are some exceptions, like Gary
Johnson, the maverick Republi-can governor of New Mexico, but by-and-large
politicians still run from rationality when it comes to the drug
war.
For a while,
in fact, black politicians like Harlem Congressman Charles Rangel
were among the largest stumbling blocks in the way of a rational
drug policy. Rangel and his ilk are the primary reason why sentences
for crack cocaine are so much higher than they are for the powdered
stuff, although there's no pharmacological difference. The penalty
is five years in federal prison for five grams. For the powder,
the penalty is not triggered until sale of one hundred times that
amount, or five hundred grams.
The racial
disparity in the prosecution and sentencing of federal crack offenders
is dramatic: African-Americans constitute 85 percent of defendants
each year.
Rangel and
company initially pushed for stricter anti-crack laws because the
lower-priced crack was a more of a problem in the black community
than among whites. Like much in the disastrous drug war, the cure
is worse than the disease. As I often note, policies of prohibition
create drive-by shootings whether they are carried out in the 1920s
by the Tommie-gun carrying thugs of Al Capone or by the Uzi-totin'
thugs of today's gangstas.
In our struggle
to reduce the harm of drug prohibitionist policies, we should keep
the racial dimension in mind. How that works out in practice is
difficult to say, but part of it requires projecting a broader definition
of who a drug user is. As I noted, we made the most progress on
marijuana decriminalization when the pubic image of the weed smoker
was least racialized. We have to acknowledge the acute racial anxieties
of many Americans by convincing more productive white Americans
to come out of the closet about their marijuana use. When Carl Sagan
died and knowledge of his life-long love for marijuana was publicized,
it helped many people see that some of their most admired figures
are pot smokers and they are prolific and creative.
I'm afraid
that public policies on drug use will not change until we detach
the bogeyman of racial demonization. That's a tall order, especially
considering the corrections industrial complex that has sprung up
around the incarceration epidemic. There are many more financial
interests vested in the continuation of prohibitionist policies.
The incentives of capitalism and racism are two venerable American
traditions that have to be challenged if we are to really win the
war against the war on drugs. Let's get this party started.
Salim Muwakkil is a Chicago Tribune columnist and senior editor
at In These Times. He delivered
this speech at Loyola University on April 13, 2002.
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