CNDP has been working with St. Chrysostom’s Episcopal Church in Chicago to develop a series of Sunday forums throughout the fall on Mass Incarceration and Criminal Justice Reform. Here is Rev. Al Sharp’s presentation at the opening forum on September 10. We urge you to attend future sessions. To see other messages and learn more, visit the St. Chrysostom’s Adult Forum website.
Two Illinois legislators, Rep. Kelly Cassidy (D-14) and Sen. Heather Steans (D-7), have recently filed bills that would legalize marijuana for recreational use in Illinois. They are gathering the widest possible public comment. Two weeks ago they held a joint House-Senate committee hearing to elicit the views of law enforcement. We heard from police chiefs and state’s attorneys from across Illinois. Not surprisingly, they oppose reform. Why not? They’ve spent their entire careers enforcing the status quo. They had a full opportunity to present their views. However, it was the testimony of two individuals from outside Illinois that provided the most useful comments. Lewis Koski is from Colorado, one of the first two states, along with Washington, to legalize marijuana in 2012. He had designed and enforced regulations for marijuana legalization in Colorado. “Data gets waterboarded to make it say what you want it to say,” he observed. Data is continuing to develop. You need to identify what data points you want.” He warned against anecdotal evidence and finding correlations where they may not exist. Neill Franklin, who for served with the Maryland and Baltimore police forces for 34 years, also testified. He is now executive director of Law Enforcement Action Partnership (LEAP), which seeks public safety solutions and includes a speakers’ bureau of retired law enforcement officers opposing marijuana prohibition based on their own field experience. Franklin’s comments are compelling: “We are funding organized crime syndicates and other criminals with billions every year. As with alcohol prohibition, we have driven a very large profit-generating industry underground and into the shadows, where marijuana peddlers battle each other in the streets of Chicago and other cities for market share. “Neighborhoods under siege, cops at war, tens of thousands of arrests (most for mere possession), disparity issues where in this state (Illinois) blacks are 7 times more likely to be arrested than their Caucasian counterparts, and this leads to very poor police-community relations… “Unfortunately in policing we have become obsessed with numbers and too many of my law enforcement comrades believe that more arrests translate into good policing. That may be true when arresting violent offenders, but not in this case and marijuana possession arrests are the easiest to make. Fact – police-community relations improve when we move away from mass arrests enforcement and focus on violent crime.” (Click to see full transcript) Why is this outside testimony so valuable? Because it offers what only someone from the outside can provide. Few of us are very good at questioning the basic assumptions that guide our lives. Police chiefs and state’s attorneys are no less exempt than the rest of us. The Illinois law enforcement officials asserted three things above all else: marijuana is a gateway drug, that is, using it leads to more dangerous drug use; marijuana causes juvenile criminal activity; and legalization will lead to an increase in teen use. The first two points are based on correlation, not cause. At best, they are misleading. They are not convincing arguments for marijuana prohibition. Concerning increased teen use, evidence is mounting that just the opposite is the case. One week after the hearing, the federal Substance Abuse and Mental Health Services Administration (SAMHSA) released findings that marijuana use nationally by teens is declining, and that no teen increase has occurred in states where legalization has been enacted. As Lewis Koski told us, no single survey should be taken as definitive, but this evidence is promising indeed. May the hearings continue.
CNDP staff participated in a press conference Wednesday morning to announce legislation that would legalize marijuana in Illinois. House Bill 2353 and Senate Bill 316 would permit adults to purchase up to one ounce of cannabis from a licensed store. All cannabis would be taxed at the state’s sale tax of 6.25%. We introduced the newly formed Coalition for a Safer Illinois that will support the bills. Included are: Law Enforcement for Action Partnership (LEAP), Doctors for Cannabis Regulation (DFCR), the American Civil Liberties Union (ACLU), the Illinois Chapter of the National Organization for Reform of Marijuana Laws (NORML), Students for a Sensible Drug Policy (SSDP), and the Marijuana Policy Project (MPP).
In November of 2015, the Washington Post reported that in the previous year law enforcement had taken more property from people – including cash, automobiles, and even homes – than burglars had stolen. Burglary losses amounted to $3.5 billion, while, shockingly, the net asset of police seizures amounted to $4.5 billion. (via The Institute for Justice) More disturbingly, this number reflected only federal statistics, and not seizures by state police and local law enforcement, data that in most cases is extremely difficult to obtain. Law enforcement utilizes a practice known as civil asset forfeiture to permanently confiscate property they perceive to be involved in criminal activity. This is done without requiring officers to prove the person or the property is guilty and/or connected to criminal activity. The process to reclaim one’s property in the event of seizure is legally complex, expensive, and time-sensitive, making the extreme majority of assets logistically impossible for most people to reclaim. Furthermore, law enforcement is inherently incentivized to persist the practice as all funds obtained through asset forfeiture are re-directed to the operating budgets of their respective departments.
Most people understand that when a person has profited from criminal activity, the government can take steps to deprive that person of the illicit profits. But few understand that, through a practice called civil asset forfeiture, law enforcement can permanently take property they believe to be involved in criminal activity without ever having to prove anyone guilty of a crime, or even file charges.