Drug Decriminalization in Maryland Through an African Centered Research Paradigm- Analysis and Recommendations

This document offers guidance for theorizing questions related to a proposed research project purposed to advance drug decriminalization in Maryland. This document offers guidance for theorizing questions related to a proposed research project purposed to advance drug decriminalization in Maryland.

08.01.2022 Views

from a low of 2.49 per 1,000 in 2010, to a peak of 5.87 per 1,000 in 2014, the second (and last) year of implementation of criminal citations for possession of less than 10 grams. We see a similar pattern for high frequency beats, though the peak average total enforcement rate (7.34 per 1,000) occurred one year earlier in 2013, the first year of implementation of criminal citations. The most dramatic impact on arrests and total enforcement rates came later, in 2015, the first full year of implementation allowing civil citations for possession of less than 10 grams... One possible explanation for the divergent trends in arrests and criminal citations draws on the concept of substitution or replacement effects. That is, individuals who were arrested for marijuana possession of less than 10 grams in the pre-change period (2010-2012) would instead be criminally cited (starting in 2013). However, considering the overall increase in total marijuana possession enforcement rates (arrests and citations combined), during the period between 2010 and 2014 (as shown in Table 2), it appears that the addition of criminal citations as an enforcement option for lower-level marijuana offenses had a net-widening effect. That is, individuals who previously received no enforcement (or received an unofficial sanction, like a warning) for low-level possession of marijuana were then (in 2013-2014) issued criminal citations. Therefore, in addition to replacement effects (that are likely occurring for some fraction of the enforcement population), arrests remain relatively stable over the period while citations are increasing, resulting in a greater number of total possession-related enforcements during the two-year period of criminal citations.” (Kozlowski et al, 2018) A more comprehensive understanding of anti-Blackness would add to the researcher’s findings, as it would help explain the social context which might produce a net widening result in light of decriminalization. Despite this reticence, the researcher’s do incorporate some analysis of anti-blackness into their “objective”, “data centric” approach, noting that, even accounting for racism and bias against Latinx peoples, the net widening effects specifically are seen in Black communities, writing: “Proximity to Washington, D.C., is also positively related to the 2014 marijuana enforcement rate, suggesting that beats adjacent to Washington, D.C., had higher rates of marijuana enforcement. We elaborate on this finding in two ways. First, Prince George’s County wraps around the northeast and southeast borders of Washington, D.C., which contain some of the city’s most disadvantaged communities. Second, the numerator of our outcome measure includes D.C. residents who were subject to enforcement by PGPD (the census data used for the denominator does not include D.C. residents). In 2014 specifically, D.C. residents accounted for approximately 16% of all marijuana possession arrests and 12% of all marijuana possession citations. So, the positive relationship between D.C. proximity and marijuana possession enforcement rate may be partially attributable to the greater presence of D.C. residents who are subjected 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

to arrest or citation in those beats.10 Proportion Hispanic is negatively related to the 2014 marijuana enforcement rate, indicating that beats with higher proportions of Hispanic residents have lower rates of marijuana possession enforcement. Interestingly, there is substantial overlap between the few beats with high Hispanic populations and D.C. adjacent beats. The negative coefficient for proportion Hispanic indicates that, despite their proximity to D.C. (positively associated with enforcement rates), beats with higher concentrations of Hispanic residents have a lower enforcement rate, all else being equal. (ibid). The research indicates that, in predominantly Black Prince George’s county, the net widening effects are concentrated in the most disadvantaged neighborhoods Near Washington D.C., but not the Latinx neighborhoods. The researchers, however, do not state the logical conclusion of this analysis, that the potential net widening effects are driven specifically by policing in poor, Black communities. Kozlowski et al are doing research related to decriminalization in Maryland and engage in deep, quantitative analysis around the implications of decriminalization, including its potential to inadvertently increase some racial disparities. As such few articles are more potentially useful for an analysis of decriminalization of drugs in Maryland. These criticisms are not to diminish the reports findings, it is to attempt to outline how subsequent research efforts could expand upon their work to incorporate an explicit analysis of anti-blackness and create even more productive research findings via utilizing a African Centered Research Paradigm. The research indicates that racial disparities existing post decriminalization can be found beyond Prince George's county. Tran et al find similar levels of specifically Anti-Black policing post decriminalization in Philadelphia, writing: “Marijuana arrest rates were high among African Americans prior to decriminalization. We found that African Americans experienced greater absolute reduction in arrest rates once marijuana possession was reclassified as a civil offense compared to Whites; however, arrest rate disparities, specifically for sales/manufacturing, increased betweenAfrican Americans and Whites. For instance, relative reduction for sales/manufacturing-based arrest rates was nearly 3 times lower for African Americans than their White counterparts after decriminalization. This is similar to recent work documenting increases in relative arrest rate disparities despite decreases in absolute disparities followingmarijuana legalization between Whites and African Americans (Firthet al., 2019).There are two possible rationales that may explain the differential patterns in arrest rates by race. One rationale is that our data do not reflect actual law enforcement behaviors, particularly biases in the criminal justice system, that would contribute to the continual dis-parities in arrest rates (Gelman et al., 2007; Milner et al., 2016; Mitchelland Caudy, 2015;Ulmer et al., 2016). This may explain, in part, how African Americans continue to be unfairly targeted by law enforcement officers relative to White individuals. However, recent work suggests that perceptions around policing of small drug use and purchases are changing among law enforcement officers (Rouhani et al., 2019). Theother rationale posits that arrest rates disparities may be partially explained by 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

to arrest or citation <strong>in</strong> those beats.10 Proportion Hisp<strong>an</strong>ic is negatively related to the 2014<br />

mariju<strong>an</strong>a enforcement rate, <strong>in</strong>dicat<strong>in</strong>g that beats with higher proportions of Hisp<strong>an</strong>ic<br />

residents have lower rates of mariju<strong>an</strong>a possession enforcement. Interest<strong>in</strong>gly, there is<br />

subst<strong>an</strong>tial overlap between the<br />

few beats with high Hisp<strong>an</strong>ic populations <strong>an</strong>d D.C. adjacent beats. The negative coefficient<br />

for proportion Hisp<strong>an</strong>ic <strong>in</strong>dicates that, despite their proximity to D.C. (positively<br />

associated with enforcement rates), beats with higher concentrations of Hisp<strong>an</strong>ic residents<br />

have a lower enforcement rate, all else be<strong>in</strong>g equal. (ibid).<br />

The research <strong>in</strong>dicates that, <strong>in</strong> predom<strong>in</strong><strong>an</strong>tly Black Pr<strong>in</strong>ce George’s county, the net widen<strong>in</strong>g<br />

effects are concentrated <strong>in</strong> the most disadv<strong>an</strong>taged neighborhoods Near Wash<strong>in</strong>gton D.C., but not<br />

the Lat<strong>in</strong>x neighborhoods. The researchers, however, do not state the logical conclusion of this<br />

<strong>an</strong>alysis, that the potential net widen<strong>in</strong>g effects are driven specifically by polic<strong>in</strong>g <strong>in</strong> poor, Black<br />

communities. Kozlowski et al are do<strong>in</strong>g research related to decrim<strong>in</strong>alization <strong>in</strong> <strong>Maryl<strong>an</strong>d</strong> <strong>an</strong>d<br />

engage <strong>in</strong> deep, qu<strong>an</strong>titative <strong>an</strong>alysis around the implications of decrim<strong>in</strong>alization, <strong>in</strong>clud<strong>in</strong>g its<br />

potential to <strong>in</strong>advertently <strong>in</strong>crease some racial disparities. As such few articles are more potentially<br />

useful for <strong>an</strong> <strong>an</strong>alysis of decrim<strong>in</strong>alization of drugs <strong>in</strong> <strong>Maryl<strong>an</strong>d</strong>. These criticisms are not to<br />

dim<strong>in</strong>ish the reports f<strong>in</strong>d<strong>in</strong>gs, it is to attempt to outl<strong>in</strong>e how subsequent research efforts could<br />

exp<strong>an</strong>d upon their work to <strong>in</strong>corporate <strong>an</strong> explicit <strong>an</strong>alysis of <strong>an</strong>ti-blackness <strong>an</strong>d create even more<br />

productive research f<strong>in</strong>d<strong>in</strong>gs via utiliz<strong>in</strong>g a Afric<strong>an</strong> <strong>Centered</strong> <strong>Research</strong> <strong>Paradigm</strong>.<br />

The research <strong>in</strong>dicates that racial disparities exist<strong>in</strong>g post decrim<strong>in</strong>alization c<strong>an</strong> be found<br />

beyond Pr<strong>in</strong>ce George's county. Tr<strong>an</strong> et al f<strong>in</strong>d similar levels of specifically Anti-Black polic<strong>in</strong>g<br />

post decrim<strong>in</strong>alization <strong>in</strong> Philadelphia, writ<strong>in</strong>g:<br />

“Mariju<strong>an</strong>a arrest rates were high among Afric<strong>an</strong> Americ<strong>an</strong>s prior to decrim<strong>in</strong>alization.<br />

We found that Afric<strong>an</strong> Americ<strong>an</strong>s experienced greater absolute reduction <strong>in</strong> arrest rates<br />

once mariju<strong>an</strong>a possession was reclassified as a civil offense compared to Whites;<br />

however, arrest rate disparities, specifically for sales/m<strong>an</strong>ufactur<strong>in</strong>g, <strong>in</strong>creased<br />

betweenAfric<strong>an</strong> Americ<strong>an</strong>s <strong>an</strong>d Whites. For <strong>in</strong>st<strong>an</strong>ce, relative reduction for<br />

sales/m<strong>an</strong>ufactur<strong>in</strong>g-based arrest rates was nearly 3 times lower for Afric<strong>an</strong> Americ<strong>an</strong>s<br />

th<strong>an</strong> their White counterparts after decrim<strong>in</strong>alization. This is similar to recent work<br />

document<strong>in</strong>g <strong>in</strong>creases <strong>in</strong> relative arrest rate disparities despite decreases <strong>in</strong> absolute<br />

disparities follow<strong>in</strong>gmariju<strong>an</strong>a legalization between Whites <strong>an</strong>d Afric<strong>an</strong> Americ<strong>an</strong>s<br />

(Firthet al., 2019).There are two possible rationales that may expla<strong>in</strong> the differential<br />

patterns <strong>in</strong> arrest rates by race. One rationale is that our data do not reflect actual law<br />

enforcement behaviors, particularly biases <strong>in</strong> the crim<strong>in</strong>al justice system, that would<br />

contribute to the cont<strong>in</strong>ual dis-parities <strong>in</strong> arrest rates (Gelm<strong>an</strong> et al., 2007; Milner et al.,<br />

2016; Mitchell<strong>an</strong>d Caudy, 2015;Ulmer et al., 2016). This may expla<strong>in</strong>, <strong>in</strong> part, how Afric<strong>an</strong><br />

Americ<strong>an</strong>s cont<strong>in</strong>ue to be unfairly targeted by law enforcement officers relative to White<br />

<strong>in</strong>dividuals. However, recent work suggests that perceptions around polic<strong>in</strong>g of small drug<br />

use <strong>an</strong>d purchases are ch<strong>an</strong>g<strong>in</strong>g among law enforcement officers (Rouh<strong>an</strong>i et al., 2019).<br />

Theother rationale posits that arrest rates disparities may be partially expla<strong>in</strong>ed by<br />

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