Congress Proposes to Federally Decriminalize Drugs With the Legalization of Cannabis
TRANSCRIPT
> GOOD EVENING, AND WELCOME TO ‘METROFOCUS.’
I’M JENNA FLANAGAN.
IN 1971, PRESIDENT RICHARD NIXON APPEARED BEFORE CONGRESS TO DECLARE A NATIONAL WAR ON DRUGS.
WHAT FOLLOWED WAS A DECADES-LONG ESCALATION OF POLICING AND ZERO TOLERANCE JUDICIAL POLICIES THAT CRITICS SAY DID LITTLE TO ACTUALLY STOP DRUG ADDICTION.
NOW 50 YEARS LATER, MARIJUANA IS BEING DECRIMINALIZED OR LEGALIZED IN STATES ACROSS THE COUNTRY, AND MEMBERS OF CONGRESS ARE PROPOSING TAKING ACTION AT THE FEDERAL LEVEL WITH SOME GOING AS FAR AS RECOMMENDING FEDERAL DECRIMINALIZATION OF ALL DRUGS.
SO, HERE TO DISCUSS THE FIGHT FOR DRUG POLICY REFORM HERE IN NEW YORK AND ACROSS THE COUNTRY IS CASSANDRA.
WELCOME TO THE ‘METROFOCUS.’
THANK YOU SO MUCH FOR HAVING ME.
SO, FIRST OFF, I JUST WANT TO START OFF WITH, AS I MENTIONED IN THE INTRO, IT’S BEEN 50 YEARS SINCE WE — THE COUNTRY, AT LEAST, DECLARED A, QUOTE, UNQUOTE, WAR ON DRUGS.
FROM YOUR PERSPECTIVE, WHAT WAS THE ACTUAL IMPACT OF IT?
I DON’T WANT TO SAY, HOW SUCCESS WAS IT, BUT WHAT WAS THE IMPACT OF THAT POLICY DECISION?
WHAT WE’VE SEEN IN THE LAST 50 YEARS BASED ON THE DRACONIAN POLICY CHOICE WAS RAPID MASS INCARCERATION.
WE’VE SEEN THE DESTRUCTION OF FAMILIES ACROSS THE COUNTRY.
WE’VE ALSO SEEN A DIVESTMENT FROM OUR PUBLIC HEALTH INFRASTRUCTURE, AND WE ALSO HAVE SEEN WILD PROPAGANDA THAT HAS ONLY MADE DRUG USE MORE DANGEROUS.
AND I THINK ONE OF THE THINGS THAT WE ALSO MISS IS THAT IN THE LAST 50 YEARS, OUR DRUG SUPPLY HAS BECOME EVEN MORE DANGEROUS BECAUSE OF OUR DOUBLING DOWN ON PROHIBITION, WE HAVE PEOPLE WHO ARE GOING WITH THE MARKETS AND TRYING TO STRETCH DRUGS OUT AND USING ADULTERANTS THAT MAKE SUBSTANCES EVEN MORE DANGEROUS FOR PEOPLE WHO USE THEM, AND SO I THINK IT IS — IT IS AN ABSOLUTE FAILURE WHEN IT COMES TO THE THINGS THEY SUPPOSEDLY INTENDED FOR IT TO DO, BUT IT WAS ACTUALLY VERY SUCCESSFUL, IF YOU THINK ABOUT THE POLITICAL MOTIVATION BEHIND WHY THEY MADE THIS POLICY CHOICE.
WELL, SPEAKING OF THIS POLICY CHOICE, ONE OF THE HEAVY CRITICISMS AGAINST IT HAS BEEN THAT IT VERY SPECIFICALLY TARGETED PEOPLE OF COLOR.
NOW, FOR SOMEONE WHO MIGHT STILL NOT FULLY GRASP OR BE, MAYBE, AS SENSITIVE TO THAT, CAN YOU JUST SORT OF EXPLAIN WHY PEOPLE HAVE REACHED THAT CONCLUSION?
SO, ONE OF THE THINGS THAT WE KNOW ABOUT THE POLICY CHOICE AROUND DRUG PROHIBITION IS THAT WHEN PRESIDENT NIXON DECLARED IT, THERE WERE UNDERLYING MOTIVATIONS AS TO WHO HE WANTED THESE POLICIES TO TARGET.
SO AT THE TIME THAT THE DRUG WAR WAS ANNOUNCED, HE WAS NAVIGATING AN ANTI-WAR LEFT, FOLKS THAT WERE REALLY DISSENTING AGAINST THE VIETNAM WAR, AND THEN WE HAD A RISING BLACK POLITICAL CLASS THAT WAS MOVING AND PUSHING AGAINST THE STATUS QUO.
AND WHAT JOHN EHRLICMAN SAID WAS THAT THEY COULDN’T MAKE IT ILLEGAL TO BE AGAINST THE WAR OR TO BE BLACK, BUT THEY COULD MAKE IT ILLEGAL TO USE DRUGS AND TO USE DRUGS AS AN INSTRUMENT TO CRIMINALIZE THOSE GROUPS OF PEOPLE AND HAVE THE MEDIA AND POLICIES SEEM, ON ITS FACE, RACE NEUTRAL, BUT ACTUALLY HAVE TARGETING FORCES AND SEEING THE WAY THEY DIVESTED IN CERTAIN COMMUNITIES AND INVESTED IN LAW ENFORCEMENT AND CRIMINALIZATION.
THE REASON WHY THEY KNEW HOW TO DO THIS WAS BECAUSE THAT WAS ALREADY A HUNDRED-YEAR PLAYBOOK THAT THE UNITED STATES HAD ALREADY PUT FORWARD, SO THE FIRST DRUG LAWS IN THE U.S.
TARGETED CHINESE MIGRANTS AFTER THEY CAME OVER TO BUILD THE RAILROAD IN CALIFORNIA.
WHEN YOU LOOK AT LAWS LIKE OUR MARIJUANA LAWS, THE REASON WHY WE CALL IT MARIJUANA IN THE UNITED STATES AND NOT CANNABIS LIKE THE REST OF THE WORLD IS BECAUSE THEY WANTED TO ASSOCIATE THAT DRUG WITH MEXICANS, AND MARIJUANA IS THE SPANISH WORD.
SO, OUR DRUG LAWS HAVE ALWAYS XENOPHOBIC AND RACIST IN NATURE AND THE NIXON ADMINISTRATION USED THAT HUNDRED-YEAR PLAYBOOK TO REALLY REINFORCE THE INFRASTRUCTURE FOR THE DRUG WAR WE SEE TODAY.
SO, IT IS NOT A COINCIDENCE THAT COMMUNITIES OF COLOR ARE BEING IMPACTED.
IT WAS ACTUALLY BY DESIGN.
AND SO OFTENTIMES, PEOPLE WILL ASK, WAS THE DRUG WAR SUCCESSFUL OR DID IT FAIL?
AND SOME PEOPLE SAY IT FAILED, AND IT FAILED BECAUSE IT DIDN’T GET DRUGS OFF THE STREET.
IT DIDN’T MAKE LESS PEOPLE USE DRUGS.
WE AREN’T MORE IN A HEALTH INFRASTRUCTURE.
IT HASN’T DETERRED PEOPLE FROM USING DRUGS, BUT IT WAS SUCCESSFUL BECAUSE IT DID DISRUPT THE COMMUNITIES THAT IT WAS INTENDED TO DISRUPT.
AND I DO WANT TO GET INTO A LITTLE BIT OF THE CHANGE, LET’S SAY, IN NOT ONLY POLICY BUT ATTITUDE AROUND MARIJUANA, BUT IT SEEMS AS IF OVERALL THERE’S BEEN A PUBLIC SHIFT IN THE WAY PEOPLE VIEW DRUGS AND DRUG USE AND DRUG ABUSE.
WHAT DO YOU SEE AS BEING THE DRIVING SOURCE FOR THAT SHIFT, JUST IN SORT OF LIKE THE WAY THE PUBLIC VIEWS THESE ISSUES?
I THINK THE DRUG WAR WAS A LIE, AND I THINK THAT WHILE LIES CAN BE VERY SUCCESSFUL, THEY DON’T ALWAYS LAST, AND PEOPLE ARE EXPERIENCING — ARE HAVING THEIR OWN EXPERIENCES WITH DRUGS AND REALIZING THAT THEY ARE NOT NAVIGATING RAVAGES OF ADDICTION.
MOST PEOPLE THAT USE DRUGS DON’T END UP HAVING A CHAOTIC OR PROBLEMATIC RELATIONSHIP WITH IT.
AND THEN FOR THE PEOPLE THAT DO STRUGGLE WITH ADDICTION, THEY ARE SEEING THAT CRIMINALIZATION ACTUALLY ISN’T HELPING THEM GET TO A PLACE OF HEALTH, RIGHT?
THEY ARE SEEING — SO, NOT ONLY ARE PEOPLE WHO ARE NAVIGATING ADDICTION STRUGGLING WITH GETTING THE RESOURCES THAT THEY NEED BECAUSE CRIMINALIZATION IS THE OVERWHELMING INTERVENTION, BUT PEOPLE THAT HAVE LOVED ONES OR FAMILY MEMBERS THAT NAVIGATE ADDICTION ARE SEEING HOW FUTILE THE INVESTMENT IN CRIMINALIZATION IS, AND FOLKS ARE RECOGNIZING, LIKE, YOU PROMISED US, IF WE DID THIS DRUG WAR, OUR PEOPLE WOULD BE SAFE.
OUR PEOPLE WOULD BE HEALTHY.
AND NOW, PEOPLE ARE RECOGNIZING THAT WE DID — WE GOT THIS DRUG WAR, AND OUR PEOPLE ARE NOT SAFE, AND THEY ARE NOT HEALTHY, AND WE ARE ACTUALLY HARMING PEOPLE.
SO, PEOPLE ARE CALLING INTO QUESTION, LIKE, IF I GET TO CHOOSE, I’M GOING TO CHOOSE HEALTH, AND HEALTH DOES NOT HAPPEN THROUGH CRIMINALIZATION.
ALL RIGHT, SO, THEN, WITH THAT, I NOW WANT TO, OF COURSE, TURN TO THE ISSUE AROUND THE CHANGING OF LAWS REGARDING CANNABIS OR MARIJUANA, AS YOU POINTED OUT, WHICH IS SPECIFIC TO THIS COUNTRY.
FIRST, SPECIFICALLY, NEW YORK RECENTLY PASSED THE MARIJUANA REGULATION TAXATION ACT WHICH LEGALIZES ADULT USE OF CANNABIS.
BUT THE LAW DOES MORE THAN THAT, AND I WAS WONDERING, WHAT WERE THE THINGS THAT YOU THOUGHT STOOD OUT TO YOU THE MOST THAT WERE PERHAPS BENEFITS AND MAYBE UNINTENDED CONSEQUENCES OF THE LAW?
SO, I WOULD SAY, WHAT WE HAVE BEEN WORKING ON THIS CAMPAIGN FOR OVER A DECADE, BUILDING THE INFRASTRUCTURE TO REALLY PUSH BACK AGAINST MARIJUANA LAWS IN NEW YORK STATE.
AND THE THINGS THAT WE RECOGNIZE WAS THAT WE COULDN’T LEGALIZE CANNABIS IN A VACUUM.
BECAUSE THE CRIMINALIZATION OF CANNABIS WAS NOT HAPPENING IN A VACUUM.
IT WAS EXPANSIVE.
IT WAS COMPREHENSIVE.
AND IT WAS DESTRUCTIVE.
AND SO WHEN WE WERE LOOKING AT THE REGULATION OF THE PLANT, WE RECOGNIZED THAT IN ORDER FOR THAT TO ACTUALLY MEAN SOMETHING TO THE PEOPLE THAT HAVE BEEN MOST DEVASTATED, WE ACTUALLY HAVE TO DECRIMINALIZE PEOPLE, SO WE HAVE TO REMOVE ALL THE WAYS THAT CRIMINALIZATION WAS ENTERING INTO PEOPLE’S LIVES BECAUSE OF CANNABIS.
SO, IT AUTOMATICALLY EXPUNGED RECORDS.
IT WORKED ON IMMEDIATE RE-SENTENCING FOR PEOPLE.
IT REMOVED THE DRUG WAR IMPACTS AROUND MARIJUANA PROHIBITION, AROUND HOUSING, IMMIGRATION, AND CHILD WELFARE.
IT REALLY WORKED TO GO THROUGH ALL THE HARMS ASSOCIATED WITH CANNABIS PROHIBITION AND REMOVE THOSE THINGS.
AND THEN, THE THING THAT WAS SUPER IMPORTANT FOR US WAS THAT THE MONIES, THE TAX REVENUE THAT WAS COMING FROM CANNABIS PROHIBITION WOULD BE REINVESTED IN OUR COMMUNITIES.
THIS WAS REALLY IMPORTANT FOR US, BECAUSE WE FELT LIKE FOR THE LAST 20 YEARS, NEW YORK HAS INVESTED SO MUCH IN THE CRIMINALIZATION OF OUR COMMUNITIES USING CANNABIS, AND NOW, WE WERE IN THIS MOMENT WHERE PEOPLE WERE GOING TO BE MAKING A TON OF MONEY AND THE STATE WAS GOING TO BE MAKING A TON OF MONEY AND WE WERE LIKE, BUT NOT AT OUR EXPENSE, RIGHT?
SO, WE PUSHED FOR THERE TO BE A PERCENTAGE OF THE MONEY TO GO TO COMMUNITIES INDEFINITELY, SO WHEN THE BILL PASSED, 40% OF ALL TAX REVENUE WILL GO TO COMMUNITIES MOST IMPACTED BY MARIJUANA PROHIBITION, THE ROCKEFELLER DRUG LAW, STOP AND FRISK, AND WE KNOW THOSE COMMUNITIES ARE PREDOMINANTLY COMMUNITIES OF COLOR.
THE OTHER 40% WILL BE GOING TO EDUCATION, PUBLIC SCHOOLS.
IN NEW YORK CITY, FOR EXAMPLE, 70% OF THE PEOPLE THAT WERE GETTING ARRESTED FOR CANNABIS WERE BETWEEN THE AGES OF 16 AND 21, RIGHT?
AND SO, WE WERE VERY CLEAR — SORRY, 52%. WE WERE VERY, VERY CLEAR THAT WE NEEDED TO FOCUS ON YOUNG PEOPLE, AND WE WERE DOING THAT THROUGH EDUCATION.
AND THEN THE OTHER 20% WENT TO DRUG TREATMENT AND PUBLIC EDUCATION AROUND IT.
SO, MAKING SURE THAT THIS CANNABIS MONEY WAS NOT A WAY FOR THE GOVERNMENT TO FILL ITS COFFERS IN THE SAME WAY THEY FILLED THEIR COFFERS WITH CRIMINALIZING BLACK AND LATINO FOLKS.
AND THEN LASTLY, THE THING THAT WAS REALLY IMPORTANT TO US WAS THAT THE INDUSTRY HAD TO MAKE SENSE FOR THE COMMUNITIES MOST IMPACTED.
YOU KNOW, WE HAVE HAD A LEGACY MARKET IN THIS COUNTRY.
NEW YORK HAS ONE OF THE BIGGEST LEGACY MARKETS IN THE COUNTRY.
IT’S ESTIMATED AT $3.2 BILLION, AND WE WERE VERY CLEAR, LIKE, THEY KNEW HOW TO FIND US TO ARREST US, AND SO THEY NEED TO BE ABLE TO FIND US TO MAKE SURE WE MAKE MONEY.
AND SO, HOW DO WE CREATE AN INDUSTRY STRUCTURE THAT ALLOWS THE MOST PEOPLE FROM THE COMMUNITY TO BE A PART OF IT?
WHAT DO YOU SAY TO CRITICS, TO THE COMMON PUSHBACK AGAINST THIS IS THAT BY LEGALIZING, YOU ARE ESSENTIALLY CLEARING THE PATH FOR HIGHER RATES OF DRUG ADDICTION, OVERDOSES, PARTICULARLY AMONGST YOUNGER PEOPLE.
YEAH.
SO, YOU KNOW, WHAT I SAY IS, THAT’S NOT TRUE.
ALL THE RESEARCH THAT HAS BEEN SHOWN SO FAR ABOUT CANNABIS LEGALIZATION HAS SHOWN THAT THESE THINGS ARE NOT GOING UP.
YOUNG PEOPLE AREN’T USING AT HIGH RATES.
CRIME IS NOT GOING UP.
THE SKY HAS NOT FALLEN, AND IN FACT, WE ARE CREATING NEW REVENUE SOURCES FOR GOVERNMENT TO TAKE CARE OF COMMUNITIES, AND ALSO, WE ARE OPENING UP THE SPACE FOR US TO HAVE MORE HONEST CONVERSATION ABOUT DRUGS IN PEOPLE’S EVERYDAY LIVES.
WHAT I OFTEN SAY IS PEOPLE WHO SELL DRUGS DON’T CHECK I.D.s, BUT STORES DO, AND THERE IS A VERY IMPORTANT NEED FOR US TO RECOGNIZE THAT DRUG PROHIBITION IS NOT CONTROL.
IT IS THE ABSENCE OF CONTROL.
REGULATION, US ACTUALLY FIGURING OUT WHAT ARE THE SUBSTANCES THAT PEOPLE ARE CONSUMING, FIGURING OUT WHO IS GETTING ACCESS TO THEM, PRODUCING THEM IN A WAY THAT THESE SUBSTANCES ARE NOT BEING ADULTERATED, MAKE EVERYONE SAFE.
AND SO, THE CONVERSATION AROUND REGULATION IS ONE ABOUT HOW DO WE ACTUALLY GET TO A PLACE WHERE WE HAVE MORE CONTROL ABOUT THE THINGS THAT PEOPLE CONSUME.
OF COURSE, WE ARE COMING UP ON THE END OF OUR TIME TOGETHER, ALTHOUGH THIS HAS BEEN SUCH A FASCINATING CONVERSATION, BUT LASTLY, I DO JUST WANT TO ASK, DO YOU THINK, THEN, BASED ON THE POLICY THAT NEW YORK HAS ENACTED, THAT IT’S POSSIBLE TO SCALE UP ON A NATIONAL LEVEL WITH ABOUT 30 SECONDS LEFT?
I THINK THE COUNTRY IS MORE THAN READY FOR FEDERAL MARIJUANA PROHIBITION.
I THINK FOLKS ARE DEPENDING ON FOLKS IN CONGRESS, AND I THINK YOU’RE SEEING PLACES LIKE THE SOUTH REALLY MOVE TOWARD LEGALIZING CANNABIS, EITHER FOR MEDICAL OR RECREATIONAL USE.
IT’S BEYOND TIME.
I THINK WE’RE BEHIND WHERE THE PUBLIC IS.
AND I’M REALLY EXCITED TO SEE THE REST OF THE COUNTRY LEGALIZE.
ALL RIGHT, WELL, LISTEN, IMPACT TO THANK YOU SO MUCH FOR JOINING US, AND DEFINITELY FOR TALKING THROUGH THIS ISSUE.
THE LEGALIZATION OF MARIJUANA AS I’M SURE THAT’S SOMETHING THAT A LOT OF PEOPLE ARE CONSIDERING RIGHT NOW.
ANYWAY, THANK YOU SO MUCH, KASSANDRA FREDERIQUE, EXECUTIVE DIRECTOR OF THE DRUG POLICY ALLIANCE.
IT WAS GREAT TO HAVE YOU ON ‘METROFOCUS.’
THANKS FOR HAVING ME.