Criminal Injustice: Cannabis & the Rise of the Carceral State
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CANNABIS & THE RISE OF THE CARCERAL STATE PART I: POLICING 1 PART I THE POLICING OF MARIJUANA PROHIBITION CRIMINAL INJUSTICE: CANNABIS & THE RISE OF THE CARCERAL STATE BROUGHT TO YOU BY: THE LAST PRISONER PROJECT COPYRIGHT © 2020 NATALIE PAPILLION ALL RIGHTS RESERVED The Last Prisoner Project (LPP) is a But our work cannot end there. nonprofit organization dedicated to cannabis criminal justice Now, more than ever, it is reform. imperative that we seize on the opportunity to reform our justice As the United States moves away system through cannabis-related from the criminalization of policy solutions that work to end cannabis, giving rise to a major the vicious cycle of Americans new industry, there remains the being caught up in every aspect of fundamental injustice inflicted the criminal legal system. upon those who have suffered under America’s unjust policy of I am hopeful that this work will cannabis prohibition. enable us to more effectively push for broad, systemic change Through intervention, advocacy so that we may see the day where and awareness campaigns, the the last cannabis prisoner walks Last Prisoner Project works to free. redress the past and continuing harms of these unjust laws and policies. To date, a key focus of LPP has been our direct service work to S A R A H G E R S T E N release currently incarcerated E X E C U T I V E D I R E C T O R , cannabis prisoners. L A S T P R I S O N E R P R O J E C T On July 28, 1973, President Richard Nixon signed Reorganization Plan No. 2 into law. The executive order FOREWARD established the United States Drug Enforcement Administration. A few months later, Larcenia Floyd gave birth Less than five minutes after the in Fayetteville, North Carolina. She battering ram broached her apartment named the baby George. door, the twenty-six-year-old was dead —shot at least eight times as she On May 25, 2020, that baby—now a cowered in her bedroom. No drugs 46-year-old man—left this world. were found at Taylor’s home. George Floyd died after a Minneapolis policeman kneeled on his neck for In life, George Floyd, Philando Castile, eight minutes and forty-six seconds. As and Breonna Taylor—all born exactly Floyd suffocated on the sidewalk ten years apart—had little in common. outside of a Cups Food, bystanders pleaded with the cop to stop. As a But in death, their stories became dying Floyd called out for his dead inextricably linked. As the bullets mother, another officer taunted the ripped through their bodies or a knee crowd. “This is why you don’t do drugs, stole their last breath, they became kids,” he said to no one in particular. three more casualties of America’s five- decade-long War on Drugs. A decade after Floyd’s birth, Philando Castile entered this world. On July 6, Their tragic deaths are visceral 2016—a few days shy of his thirty-third reminders of the staggeringly high birthday—he was killed during a traffic costs of this unjust, unyielding stop. It was at least the fifty-third time crusade. The prejudicial penal code the school cafeteria worker had been and discriminatory policing practices of pulled over in recent years.1 The our country’s drug war have destroyed encounter was live-streamed on millions of lives, devastated countless Facebook; a four-year-old girl wails in communities, and exacerbated the the backseat as the Minneapolis police gross inequities in American society. officer fires at least seven rounds into the car. The cop who killed Castile was And despite expending trillions of acquitted after claiming his white dollars on drug control efforts, the Oldsmobile smelled of burnt nation’s “public enemy number one” marijuana, an odor that caused the remains as impervious to these efforts officer to “fear for his life.” as it did when we declared war some fifty years ago Almost ten years to the day after Castile was born, Breonna Taylor made her first appearance on this Earth. Shortly after midnight on March 13, Natalie Papillion 2020, Taylor awoke to the sound of shouting and flash-bang grenades. The police officers that opened fire on her apartment claimed to be looking for N A T A L I E P A P I L L I O N Taylor’s ex-boyfriend, an alleged drug AUTHOR, CRIMINAL INJUSTICE dealer who had been in police custody FOUNDER, THE EQUITY ORGANIZATION hours before the raid. F S O T E N L E B T A T N I N T R O D U C T I O N PREFACE O INTRODUCTION 7 C T H E P O L I T I C S O F P R O H I B I T I O N IDEOLOGICAL UNDERPINNINGS 11 EARLY ENFORCEMENT EFFORTS T H E P O L I C I N G O F P R O H I B I T I O N PHILOSOPHICAL & PROCEDURAL IMPERATIVES THE 1990s & THE NEW MARIJUANA MENACE 24 THE COLLATERAL CONSEQUENCES OF CANNABIS POLICING T H E P E R V E R S E I N C E N T I V E S O F P R O H I B I T I O N DRUG WAR RHETORIC & REVENUE DOLLARS FOR DRUG ENFORCEMENT 45 THE RISE OF THE WEED WARRIOR C O N C L U S I O N CONCLUSION ACKNOWLEDGEMENTS 64 NOTES & REFERENCES INTRODUCTION 6 PREFACE broach the dismantling of the drug war. This despite the fact that one of In recent years, America has borne every five people behind bars in the 4 witness to a seismic shift in the U.S is there due to a drug charge. public’s view of our criminal justice system. This general apathy has held steady even as protesters overtake American To the public’s credit, people across streets demanding our policymakers the country have finally started to dismantle, defund, or otherwise come around to the fact that the reform the police. Drug-related nation cannot continue to afford the enforcement is one, if not the, biggest social, spiritual, and financial costs of drivers of police harassment, locking up over 2.3 million people in misconduct, and violence in America. 1,833 state prisons, 110 federal And yet, drug policy rarely comes up prisons, 1,772 juvenile correctional in conversations around police facilities, 3,134 local jails, 218 reform. immigration detention facilities, and As the country finds itself on the 80 Indian Country jails.3 The precipice of meaningful change, we staggering human and economic costs must ensure we’re pushing to of this “carceral state” have catalyzed dismantle this ineffective crusade. a groundswell of public and political Drug policy reform is criminal justice support for criminal justice-related reform. It is policing reform. It is a reforms. critical piece of the work we must do Despite rising support for criminal to ensure a safer, more just, and more justice reform, policymakers and the equitable society. general public have yet to seriously INTRODUCTION stops all-too-frequently escalate into harassment, unjust incarceration, and Given that everyone from Martha even more devastating forms of Stewart to John Boehner seems to be state-sanctioned violence. hawking a marijuana line these days, one could be forgiven for thinking the This burden is not equally shared by country has retreated from its all. Although white people are just as century-long War on Weed. Sadly, the likely to consume marijuana as their conflict’s still very much on. non-white peers, Black and Latinx communities bear the overwhelming For decades, the policing of our brunt of cannabis-related cannabis laws has served as the enforcement and the harassment and backbone of our unjust, unyielding, police brutality it entails. and ineffective anti-drug crusade. It’s not hyperbolic to suggest that no These racial disparities are not an element of our modern-day drug unfortunate consequence of American control efforts has proven to be more policing practices. They’re by design. devastating than our national policy of The criminalization of cannabis was marijuana prohibition. born out of an explicit desire to maintain social control over America’s Though presidents may no longer take communities of color. And this policy to the podium to declare marijuana hasn’t just fulfilled its function— it’s the most dangerous drug in America, been more successful than its the policing of marijuana prohibition founders could have dreamed. has played a critical—if understudied—role in fueling the The Criminal Injustice series takes a over-policing of underserved comprehensive look at the past communities, the tragedy of mass century of cannabis-related policies incarceration, and countless other and practices and attempts to social injustices and racial inequities.5 quantify the impact prohibition has had on the creation, expansion, and Every year, the enforcement of our evolution of America’s carceral state. country’s cannabis laws subjects Each of the installations of Criminal millions of people to unnecessary and Injustice focuses on a different often dangerous encounters with law element of the criminal justice system: enforcement authorities. As headline policing, courts and incarceration, after headline sadly illustrates, these and the collateral consequences of a conviction. Despite what many would have us believe, marijuana is not a gateway The first installation of Criminal drug. At least not in the sense most Injustice centers on “police work”: the people imagine. It is, however, a philosophy, policies, and practices that gateway drug for Black and brown constitute the “front door” of the people: a gateway to arrests, carceral state.