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

differential purchasing patterns that place Africans Americans at greater risk for arrest, including purchasing marijuana out-doors, from strangers, and far from their homes (Ramchand et al.,2006). These hypotheses, however, require further evaluation to disentangle the mechanisms contributing to the persistent arrest rate dis-parities between Whites and African Americans.Our results also suggest differential impact of decriminalization by sex. Males experienced greater absolute/relative reduction for possession-based arrests, but females appear to experience a higher relative reduction for sales/manufacturing, which the percent decline among females was twice as much as it was among males. This heterogeneity of effect may, in part, be a result of the preexisting gender differences in arrest rates prior to decriminalization. Females had an overall lower arrest rate before marijuana decriminalization, thus, any declines in arrest rates, even small ones, can result in a large relative reduction.Further exploration of gender-based differences following decriminalization is warranted.Finally, the impact of decriminalization appears to be somewhat similar across age groups. This is congruent with prior work to show that decriminalization policies lead to significantly lower rates of pos-session-based arrest (up to 75%) for both adults and youths (Plunket al., 2019). Our research, however, further extends prior work to show that, even though absolute differences may be similar between age groups, there were relative differences for sales/manufacturing-based arrest rates by up to an order of 3-folds. It has been speculated that law enforcement officers may compensate for their inability to arrest youths for marijuana possession by arresting them more frequently for mar-ijuana sales/manufacturing (i.e., possession with intent to distribute) (Smart and Kleiman, 2019). This was not supported by our data. In fact, sales/manufacturing-based arrest rates did not increase following marijuana decriminalization for any of the demographic groups in our analyses.” (Tran et al, 2020). This article, published this month, shows how the field of decriminalization research is constantly evolving, but having a conceptual understanding of anti-Blackness can be useful to provide a frame through while to view and process this evolving literature base. Tran et al also raise an important, though often overlooked, demographic component within research, the importance when possible of disaggregating data between Black men and Black women. An African centered research paradigm understands that white supremacy impacts Black men and Black women differently, and this disaggregation seeks to acquire more specificity within its analysis around how gender impacts drug policy. As Tran et al, as well as a bevy of others point out, drug policy has specifically, though not exclusively, targeted Black men, and it important that disparity analysis be supplemented with meta level analysis showing no only how policy changes create disparities between white and Black communities, but also centered communities most impacted by these policies. While, as previously stated, these policies impact the entire Black community, Black men appeared to particularly be targeted by these forms of policing. This is important, as the current trend toward “intersectional” analysis has at times attempted, laudably, to centre a diversity of marginalized groups, specifically showing disparities between black women and white women to show how Black women’s experiences differ from white womens. While this 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

is important, it is also important to be analytically precise by pointing out that Black men are the most impacted by War on Drugs policing. In fact, many scholars have pointed out that this violence should be theorized through anintersectional” lens and be seen as anti-Black misandry, a specific form of gendered violence which targets Black men for their rmale gender (Curry, 2017). This is a logical extension of the analysis of Karam, Netherland and Hassan, as a. The Black male subject is seen as specifically dangerous in the midst of their drug intoxication in light of a perceived physical and cultural affinity for violence And b. The fear of miscegenation, from historical lynchings to contemporary fears of “drug dealers coming to the suburbs” has specifically been targeted at the fears of Black men impregnating white women. These points are raised not to diminish any carceral violence targeted towards Black trans people or Black women. It is included to address what Curry and other have seen as a understandable but none the less analytically imprecise tendency in research on Black people, a belief that fidelity to “intersectionality” means you must show how many issue impacts Black people evenly, or even to focus on the harms towards Black women and Black trans under the misled assumption the intersectionality the Black women and Black trans are always, already the most impacted by any particular issue. A more nuanced and precise application of intersectional analysis, one more accurately reflected within data on the War on Drugs and drug decriminalization literature, is to include Black male gender as a itself an intersectional frame and analysis policy within the historical understanding that Black men have being specifically targeted for discrimination and violence speifically because they are Black and male. While some conceptions of intersectionality incorporate a simplistic assumption that patriarchy dictates men are always the beneficiaries of privilege and never the victims of it, an African Centered Research paradigm challenges this assumption and correctes places anti--Black misandry within its research methodology. 4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

differential purchas<strong>in</strong>g patterns that place Afric<strong>an</strong>s Americ<strong>an</strong>s at greater risk for arrest,<br />

<strong>in</strong>clud<strong>in</strong>g purchas<strong>in</strong>g mariju<strong>an</strong>a out-doors, from str<strong>an</strong>gers, <strong>an</strong>d far from their homes<br />

(Ramch<strong>an</strong>d et al.,2006). These hypotheses, however, require further evaluation to disent<strong>an</strong>gle<br />

the mech<strong>an</strong>isms contribut<strong>in</strong>g to the persistent arrest rate dis-parities between<br />

Whites <strong>an</strong>d Afric<strong>an</strong> Americ<strong>an</strong>s.Our results also suggest differential impact of<br />

decrim<strong>in</strong>alization by sex. Males experienced greater absolute/relative reduction for<br />

possession-based arrests, but females appear to experience a higher relative reduction for<br />

sales/m<strong>an</strong>ufactur<strong>in</strong>g, which the percent decl<strong>in</strong>e among females was twice as much as it<br />

was among males. This heterogeneity of effect may, <strong>in</strong> part, be a result of the preexist<strong>in</strong>g<br />

gender differences <strong>in</strong> arrest rates prior to decrim<strong>in</strong>alization. Females had <strong>an</strong> overall lower<br />

arrest rate before mariju<strong>an</strong>a decrim<strong>in</strong>alization, thus, <strong>an</strong>y decl<strong>in</strong>es <strong>in</strong> arrest rates, even<br />

small ones, c<strong>an</strong> result <strong>in</strong> a large relative reduction.Further exploration of gender-based<br />

differences follow<strong>in</strong>g decrim<strong>in</strong>alization is warr<strong>an</strong>ted.F<strong>in</strong>ally, the impact of<br />

decrim<strong>in</strong>alization appears to be somewhat similar across age groups. This is congruent<br />

with prior work to show that decrim<strong>in</strong>alization policies lead to signific<strong>an</strong>tly lower rates of<br />

pos-session-based arrest (up to 75%) for both adults <strong>an</strong>d youths (Plunket al., 2019). Our<br />

research, however, further extends prior work to show that, even though absolute<br />

differences may be similar between age groups, there were relative differences for<br />

sales/m<strong>an</strong>ufactur<strong>in</strong>g-based arrest rates by up to <strong>an</strong> order of 3-folds. It has been speculated<br />

that law enforcement officers may compensate for their <strong>in</strong>ability to arrest youths for<br />

mariju<strong>an</strong>a possession by arrest<strong>in</strong>g them more frequently for mar-iju<strong>an</strong>a<br />

sales/m<strong>an</strong>ufactur<strong>in</strong>g (i.e., possession with <strong>in</strong>tent to distribute) (Smart <strong>an</strong>d Kleim<strong>an</strong>, 2019).<br />

This was not supported by our data. In fact, sales/m<strong>an</strong>ufactur<strong>in</strong>g-based arrest rates did not<br />

<strong>in</strong>crease follow<strong>in</strong>g mariju<strong>an</strong>a decrim<strong>in</strong>alization for <strong>an</strong>y of the demographic groups <strong>in</strong> our<br />

<strong>an</strong>alyses.” (Tr<strong>an</strong> et al, 2020).<br />

This article, published this month, shows how the field of decrim<strong>in</strong>alization research is const<strong>an</strong>tly<br />

evolv<strong>in</strong>g, but hav<strong>in</strong>g a conceptual underst<strong>an</strong>d<strong>in</strong>g of <strong>an</strong>ti-Blackness c<strong>an</strong> be useful to provide a frame<br />

through while to view <strong>an</strong>d process this evolv<strong>in</strong>g literature base.<br />

Tr<strong>an</strong> et al also raise <strong>an</strong> import<strong>an</strong>t, though often overlooked, demographic component with<strong>in</strong><br />

research, the import<strong>an</strong>ce when possible of disaggregat<strong>in</strong>g data between Black men <strong>an</strong>d Black<br />

women. An Afric<strong>an</strong> centered research paradigm underst<strong>an</strong>ds that white supremacy impacts Black<br />

men <strong>an</strong>d Black women differently, <strong>an</strong>d this disaggregation seeks to acquire more specificity with<strong>in</strong><br />

its <strong>an</strong>alysis around how gender impacts drug policy. As Tr<strong>an</strong> et al, as well as a bevy of others po<strong>in</strong>t<br />

out, drug policy has specifically, though not exclusively, targeted Black men, <strong>an</strong>d it import<strong>an</strong>t that<br />

disparity <strong>an</strong>alysis be supplemented with meta level <strong>an</strong>alysis show<strong>in</strong>g no only how policy ch<strong>an</strong>ges<br />

create disparities between white <strong>an</strong>d Black communities, but also centered communities most<br />

impacted by these policies. While, as previously stated, these policies impact the entire Black<br />

community, Black men appeared to particularly be targeted by these forms of polic<strong>in</strong>g. This is<br />

import<strong>an</strong>t, as the current trend toward “<strong>in</strong>tersectional” <strong>an</strong>alysis has at times attempted, laudably,<br />

to centre a diversity of marg<strong>in</strong>alized groups, specifically show<strong>in</strong>g disparities between black women<br />

<strong>an</strong>d white women to show how Black women’s experiences differ from white womens. While this<br />

4151 Park Heights Avenue, Suite 207, Baltimore, MD 21215 • www.lbsbaltimore.com • (410) 374-7683

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