ALABAMA’S WAR ON MARIJUANA ASSESSING THE FISCAL AND HUMAN TOLL OF CRIMINALIZATION About Alabama Appleseed Center for Law & Justice Alabama Appleseed Center for Law and Justice is a non-profit, non-partisan 501(c)(3) organization founded in 1999 whose mission is to work to achieve justice and equity for all Alabamians. Alabama Appleseed is a member of the national Appleseed Network, which includes 18 Appleseed Centers across the U.S. and in Mexico City. Alabama Appleseed is also a member of the Sargent Shriver National Center on Poverty Law's Legal Impact Network, a collaborative of 36 advocacy organizations from across the country working with communities to end poverty and achieve racial justice at the federal, state, and local levels. For more information about ALABAMA APPLESEED CENTER FOR LAW & JUSTICE www.alabamaappleseed.org ••• About the Southern Poverty Law Center The Southern Poverty Law Center, based in Montgomery, Alabama, is a nonprofit civil rights organization founded in 1971 and dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information about THE SOUTHERN POVERTY LAW CENTER www.splcenter.org ••• About The Center for the Study of Free Enterprise at Western Carolina University The Center for the Study of Free Enterprise at Western Carolina University supports research, policy analysis, educational activities, and community outreach on the role of free enterprise in a flourishing society. The Center supports student-faculty research projects, student club activ- ities, and travel for conference presentations. The Center also hosts educational events and teacher training seminars on campus and around North Carolina, and it publishes issue briefs on timely economic and public policy topics. In 2018 the Center launched the North Carolina Data Dashboard (ncdatadashboard.org) to provide county-level economic information to government officials, prospective businesses, media, and the general public. For more about the Center's work, contact [email protected] and visit enterprise.wcu.edu. For more information about THE CENTER FOR THE STUDY OF FREE ENTERPRISE AT WESTERN CAROLINA UNIVERSITY enterprise.wcu.edu ALABAMA’S WAR ON MARIJUANA ASSESSING THE FISCAL AND HUMAN TOLL OF CRIMINALIZATION © 2018 Alabama Appleseed & Southern Poverty Law Center Report Highlights Police in Alabama made 2,351 arrests for marijuana possession in 2016. This study analyzed demographic data about the people arrested, along with arrest locations, in addition to examining broader impacts. The report also includes an economic analysis of the cost of marijuana prohibition, conducted by two econo- mists at Western Carolina University. The study found that: • Alabama and its municipalities spent an estimated $22 million to enforce the prohibition against marijuana possession in 2016. • Despite studies showing black and white people use marijuana at the same rates, black people were approximately four times as likely to be ar- rested for either misdemeanor or felony marijuana possession. • The enforcement of marijuana possession laws has created a crippling backlog at the state agency tasked with analyzing forensic evidence in all criminal cases, including violent crimes. 4 ALABAMA'S WAR ON MARIJUANA CONTENTS EXECUTIVE SUMMARY .................................................................................... 6 ALABAMA'S MARIJUANA LAWS ...................................................................... 8 THE FISCAL COST ...........................................................................................15 THOUSANDS ARRESTED EACH YEAR FOR MARIJUANA POSSESSION IN ALABAMA ...................................................... 23 NOTES ON METHODOLOGY ........................................................................... 29 LIVES SHATTERED, DREAMS DEFERRED ...................................................... 33 MARIJUANA LEGALIZATION PROVING BENEFICIAL TO STATES ................. 43 RECOMMENDATIONS ..................................................................................... 49 ALABAMA APPLESEED & SOUTHERN POVERTY LAW CENTER 5 EXECUTIVE SUMMARY Kiasha Hughes dreamed of becoming a marijuana-infused butter to the few grams medical assistant. Now, she works an over- of marijuana he possessed, so they could night shift at a chicken plant to support her reach the 2.2-pound threshold for a traf- children. Nick Gibson was on track to grad- ficking charge. uate from the University of Alabama. Now, Marijuana prohibition also has tremen- he works at a fast-food restaurant. Wesley dous economic and public safety costs. The Shelton spent 15 months in jail and ended state is simply shooting itself in the pocket- up with a felony conviction – for having $10 book, wasting valuable taxpayer dollars and worth of marijuana. adding a tremendous burden to the courts Like thousands of others, they’re casual- and public safety resources. ties of Alabama’s war on marijuana – a war This report is the first to analyze data on the state ferociously wages with draconian marijuana-related arrests in Alabama, bro- laws that criminalize otherwise law-abid- ken down by race, age, gender and location. ing people for possessing a substance that’s It includes a thorough fiscal analysis of the legal for recreational or medicinal use in state’s enforcement costs. It also exposes states where more than half of all Ameri- how the administrative burden of enforcing cans live.1 marijuana laws leaves vital state agencies In Alabama, a person caught with only without the resources necessary to quickly a few grams of marijuana can face incar- test evidence related to violent crimes with ceration and thousands of dollars in fines serious public safety implications, such as and court costs. They can lose their driver’s sexual assault. license and have difficulty finding a job or The study finds that in Alabama: getting financial aid for college. This war on marijuana is one whose of- • The overwhelming majority of people ten life-altering consequences fall most arrested for marijuana offenses from heavily on black people – a population still 2012 to 2016 – 89 percent – were arrest- living in the shadow of Jim Crow. ed for possession. In 2016, 92 percent of Alabama’s laws are not only overly all people arrested for marijuana offenses harsh, they also place enormous discretion were arrested for possession. in the hands of law enforcement, creat- • Alabama spent an estimated $22 mil- ing an uneven system of justice and leav- lion enforcing the prohibition against ing plenty of room for abuse. This year in marijuana possession in 2016 – enough to Etowah County, for example, law enforce- fund 191 additional preschool classrooms, 571 ment officials charged a man with drug more K-12 teachers or 628 more Alabama De- trafficking after adding the total weight of partment of Corrections officers. 6 ALABAMA'S WAR ON MARIJUANA • Black people were approximately four reationally or medicinally, an increasing times as likely as white people to be ar- number of states have come to treat mari- rested for marijuana possession (both juana like alcohol and tobacco. Nine states misdemeanors and felonies) in 2016 – and the District of Columbia now allow rec- and five times as likely to be arrested reational use. for felony possession. These racial dis- The early evidence strongly suggests parities exist despite robust evidence that that this approach benefits public safety white and black people use marijuana at and the criminal justice system. In those roughly the same rate.2 states, arrests for marijuana possession • In at least seven law enforcement have been virtually eliminated, freeing jurisdictions, black people were 10 or up officers to focus on crimes of violence. more times as likely as white people to Drunken-driving arrests are down as well. be arrested for marijuana possession. And, there’s no evidence of a spike in crime or increased marijuana use among youth. • In 2016, police made more arrests for These states have also enjoyed a cor- marijuana possession (2,351) than for responding fiscal and economic windfall. robbery, for which they made 1,314 arrests Across the country, thousands of jobs are – despite the fact that there were 4,557 re- being created where marijuana has been ported robberies that year. legalized. Three of the states where it has • The enforcement of marijuana posses- been legal the longest – Colorado, Washing- sion laws creates a crippling backlog at ton and Oregon – have thus far collected a the state agency tasked with analyzing total of $1.3 billion in new revenue. forensic evidence in all criminal cases, And, as the human toll discussed including violent crimes. As of March 31, throughout this report falls disproportion- 2018, the Alabama Department of Forensic ately on black people, legalization offers an Sciences had about 10,000 pending mari- opportunity to begin to address the dispro- juana cases, creating a nine-month waiting portionate harms that Alabama’s criminal period for analyses of drug samples. At the justice system causes to its African-Ameri- same time, the department had a backlog of can population. 1,121 biology/DNA cases, including about It’s time for Alabama to join an increas- 550 “crimes against persons” cases such as ing number of states in taking a common- homicide, sexual assault and robbery. sense, fiscally responsible approach to mar- While Alabama continues to criminal- ijuana policy. Policy recommendations are ize people who use marijuana either rec- on page 49.