All people make mistakes. All of us are sinners. All of us are criminals. All of us violate the law at some point in our lives. In fact, if the worst thing you have ever done is speed ten miles over the speed limit on the freeway, you have put yourself and others at more risk of harm than someone smoking marijuana in the privacy of his or her living room. Yet there are people in the United States serving life sentences for first-time drug offenses, something virtually unheard of anywhere else in the world.
We have now spent 1 trillion dollars waging the drug war since it began. A trillion. Those funds could have been used for education, jobs and drug treatment in the communities that needed it most. We could have used those funds for our collective well being, instead those dollars paved the way for the destruction of countless lives, families, and dreams.
Nothing has contributed more to the systematic mass incarceration of people of color in the United States than the War on Drugs
People charged with drug offenses, though, are typically poor people of color. They are routinely charged with felonies and sent to prison.
The War on Drugs, cloaked in race-neutral language, offered whites opposed to racial reform a unique opportunity to express their hostility toward blacks and black progress, without being exposed to the charge of racism.
In the 1990s - the period of the greatest escalation of the drug war - nearly 80 percent of the increase in drug arrests was for marijuana possession, a drug less harmful than alcohol or tobacco and at least, if not more, prevalent in middle class white neighborhoods and college campuses as it is in the 'hood.
The system functioned relatively automatically, and the prevailing system of racial meanings, identities, and ideologies already seemed natural. Ninety percent of those admitted to prison for drug offenses in many states were Black or Latino, yet the mass incarceration of communities of color was explained in race-neutral terms, an adaptation to the needs and demands of the current political climate.
The bigger picture is that over the last 30 years, we have spent $1 trillion waging a drug war that has failed in any meaningful way to reduce drug addiction or abuse, and yet has siphoned an enormous amount of resources away from other public services, especially education.
Discrimination in public benefits is also perfectly legal. Under federal law, people convicted of drug felonies are deemed ineligible even for food stamps.
The vastly different sentences afforded drunk drivers and drug offenders tells us who is viewed as disposable - someone to be purged from the body politic - and who is not. Drunk drivers are predominately white and male.
The war on drugs has been the engine of mass incarceration. Drug convictions alone constituted about two-thirds of the increase in the federal prison population and more than half of the increase in the state prison population between 1985 and 2000, the period of our prison system's most dramatic expansion.
Many people don't realize that financial incentives have been built into the drug war that guarantee that law enforcement will continue to arrest extraordinary numbers of people, particularly in poor communities of color, for minor drug offenses that get ignored on the other side of town.
Drunk driving contains a far greater risk of violent death than the use or sale of illegal drugs, the societal response to drunk drivers has generally emphasized keeping the person functional and in society, while attempting to respond to the dangerous behavior through treatment and counseling.
Most Americans violate drug laws in their lifetime, but the enemy in this war has been racially defined. Not by accident, the drug war has been waged almost exclusively in poor communities of color, even though studies have consistently shown - for decades - the people of color are no more likely to use or sell illegal drugs than whites.
In the war on drugs, state and state law enforcement agencies have been rewarded in cash by the federal government - through programs like the Edward Byrne Memorial Grant program - for the sheer numbers of people arrested for drug offenses.
Now that's hard for many people to believe, given that the media image of a drug dealer is a black kid standing on the street corner with his pants sagging down.
To make matters worse, federal drug forfeiture laws allow state and local law enforcement agencies to keep, for their own use, up to 80 percent of the cash, cars, and homes seized from suspected drug offenders. You don't even have to be convicted of a drug offense; if you're just suspected of a drug offense, law enforcement has the right to keep the cash they find on you or in your home, or seize your car if drugs are allegedly found in it or "suspected" of being transported in the vehicle.
Plenty of drug dealing does happen in the 'hood, but it happens everywhere else in America as well. In fact, some studies suggest that where significant differences in the data can be found, white youth are more likely to engage in illegal drug dealing than black youth.
If the drug war was waged in those communities it would spark such outrage that the war would end overnight. This literal war is waged in segregated, impoverished communities defined largely by race, and the targets are the most vulnerable, least powerful people in our society.
Defenders of the system will counter by saying this drug war has been aimed at violent crime. But that is not the case. The overwhelming majority of people arrested in the drug war have been arrested for relatively minor, non-violent drug offenses.
For those who say that the war on drugs and the system of mass incarceration really isn't about race, I say there is no way we would allow the majority of young white men to be swept into the criminal justice system for minor drug offenses, branded criminals and felons, and then stripped of their basis civil and human rights while young black men who are engaged in the same activity trot off to college. That would never be accepted as the norm.
Mandatory minimum sentences give no discretion to judges about the amount of time that the person should receive once a guilty verdict is rendered. Harsh mandatory minimum sentences for drug offenses were passed by Congress in the 1980s as part of the war on drugs and the "get tough" movement, sentences that have helped to fuel our nation's prison boom and have also greatly aggravated racial disparities, particularly in the application of mandatory minimum sentences for crack cocaine.
Of course in this age of colorblindness, a time when we have supposedly moved "beyond race," we as a nation would feel very uncomfortable if only black people were sent to jail for drug offenses. We seem comfortable with 90 percent of the people arrested and convicted of drug offenses in some states being African American, but if the figure was 100 percent, the veil of colorblindness would be lost.
The wave of punitiveness that washed over the United States with the rise of the drug war and the get tough movement really flooded our schools. Schools, caught up in this maelstrom, began viewing children as criminals or suspects, rather than as young people with an enormous amount of potential struggling in their own ways and their own difficult context to make it and hopefully thrive. We began viewing the youth in schools as potential violators rather than as children needing our guidance.
By waging the drug war and "getting tough" almost exclusively in the 'hood, we've managed to create a vast new racial undercaste in an astonishingly short period of time.
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