Illinois has legalized medical uses of marijuana as part of a pilot program, but recreational marijuana remains illegal in the state. Colorado, on the other hand, legalized medical marijuana in 2000 and recreational marijuana eight months ago. Colorado has not experienced any of the predicted upswing in crime, ER visits or DUI arrests, according to The New York Times. In Colorado, marijuana is now regulated like alcohol and, like alcohol, it remains illegal for youth.

A recent, comprehensive series of editorials in The Times examined the criminalization of marijuana and came down strongly in favor of legalization of recreational uses, citing research concluding marijuana poses less of a health risk than alcohol or tobacco and is not the “gateway” drug it was once thought to be. Legalization has not sparked a crime spree. It generated nearly $24 million in new taxes for Colorado in the first five months of this year.

But most significant in this debate is that despite equal use among blacks and whites, marijuana criminalization enforcement disproportionately affects blacks, particularly young black males. According to the American Civil Liberties Union, Illinois ranks fourth in terms of the worst arrest imbalance for marijuana violations. In Illinois, blacks are more than 7.6 times more likely to be charged with marijuana offenses than whites despite equal use between both groups.

Illinois also ranks No. 4 in the nation for most per capita expenditure for marijuana possession enforcement, according to the A.C.L.U. Despite this enormous cost, usage has not declined.

Peoria’s interim police chief Jerry Mitchell said the city does not have available statistics for marijuana arrests by race, but he cautioned that the statewide racial disparity needs to be seen within the context of police work. He said marijuana charges are often secondary and the drug is found during a search following an arrest for another charge such as an outstanding warrant, a weapons search or a broken brake light.

While he does not dispute the ACLU’s finding that blacks are 7.6 times more likely to be arrested on marijuana charges than whites in Illinois, he said it’s an example of using facts to draw erroneous conclusions.

However, regardless of whether the marijuana charge is secondary to another charge, a law resulting in such disproportionate arrests despite equal use is disturbing. In addition, arrest records influence sentencing so marijuana arrests predispose blacks to harsher prison sentences.

It seems clear that since use and availability of marijuana have not declined, a new strategy is needed. America has lost the war on marijuana. The cost to taxpayers has been $1 trillion and has resulted in 40 million arrests. The war on marijuana needs to end like Prohibition ended in 1933 with the country recognizing failed public policy and formulating another plan with reasonable regulations and restrictions . . . perhaps regulating marijuana like alcohol and keeping it illegal for youth. In this sense, legalization is less about facilitating a drug culture and more about controlling and regulating use.

The measure of a nation’s commitment to human rights is not calculated on a standard of perfection but on recognizing abuses and correcting them. Clare Howard

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