A War on Poor Drug Users of Color

Healing Seattle’s Most Vulnerable People Through Just & Sensible

Drug Policy

Public Health Policy?:Dealing with Addicted Persons

Source: Mayor Greg Nickels, City of Seattle Mayor, Weekday (2nd hour), daily local news program on KUOW.org, April 12, 2004, http:// www.kuow.org. Select archives, choose program name &topic: Talking with the Mayor.

Source: Chief Gil Kerlikowske, Seattle Police Department. Disparate Law Enforcement Forum, 2004 Black History Month Series, February 26, 2004. http://www.seattlechannel.org, go to Viewing Room, Watch Programs, Diverse City.

Public Health Policy?:Dealing with Addicted Persons

Framing the Issue of Addiction

Drug addiction itself is not illegal.

Use and delivery of prohibited drugs is illegal.

What are prohibited drugs?

Public Health Care

• When is drug addiction a public health issue?

Treating illnesses of unhealthy uninsured people

Reducing harms associated with risky (with regards to health) social behaviors,

like preventing the spread of infectious diseases

Poor People’s Health Care

Without money or medical insurance, poor people cannot pay for medical treatment (including mental health or substance abuse) they need.

Rather, they must rely on the charity of primarily publicly-funded drug treatment programs, housing assistance, and mental health counseling to change their situation.

Prognosis: Under-funded programs. 2005 developments.

Long-term, frequent users, such as addicts, are likely to engage in delivery as part of their use.

Social Science & Addiction

Recent Past Practices of Drug Enforcement

Between January 1999 and April 30, 2001, 76% of the drug deliverers that were arrested in Seattle outside were arrested for delivering crack cocaine.

Recent Mortality Data

During that same time period, only 11% of people who overdosed in Seattle-King County only had cocaine in their system; 20% of people who overdosed had only heroin in their system.

Cocaine-related deaths were 40% of all drug-related deaths; while heroin-related deaths accounted for fully 51% of all drug-related deaths.

Type of Drug Delivery Convictions, King County, 2002

52%

10%19%

3%

5% 9% 2%

cocaine heroinmarijuana MDMAMethamphetamine bunk (material in lieu of)other

Source: Vukich, Ed and Hon. Deborah Fleck, “Quantity and Sentencing: An Analysis of Drug Dealing Cases in King County,” 2003.

Origins of Prohibition:

1. Alcohol prohibited in 1919 as reaction to low-income European immigrants of late 19th and early 20th centuries drinking habits

2. Cocaine prohibited following Reconstruction when it became associated with blacks

3. Opium first prohibited in 1875 in California when it became associated with Chinese immigrant workers

4. Marijuana prohibited in late 1930s when its use was associated with Mexicans.

Drug Prohibition & Race

Poor addicts who delivery drugs are more likely to deliver drugs outside.

Social Science & Addiction

Criminalizing Addicts of Color Outside in Seattle

Source: SPD Database, State v. Alfred K. Johnson, et al., January 1999- April 2001. Citywide 2,398 Delivery & PWI Arrests for 5 drugs by Race that where the premise type is known to be in the open.

84%

15%

1%

People of Color White Unknown

Race & Public Space

Research is currently underway by social scientists to examine whether there is a relationship between racial, ethnic, or cultural groups and public space independent of enforcement patterns or illicit activity

Criminalizing Addicts of Color In Public Indoor Space in Seattle

88%

12%

people of color white

Source: SPD Database, State v. Alfred K. Johnson, et al., January 1999- April 2001. Citywide 65 Delivery & PWI Arrests for 5 drugs by race that where the premise type is known to be inside a public building.

Poor drug deliverers are also more likely to deliver drugs in small amounts.

Social Science & Addiction

What amount is prohibited by state law?

Any amount of prohibited drug is illegal.

All delivery under 2,000 grams (2 kilograms) is treated equally under the law.

Most enforcement against drug deliverers has been for outside delivery.

1 gram is equivalent to a sugar packet.

2002 King County Cocaine Dealing Convictions with Specified Amounts of Drugs

19%

65%15%1%

Under 1.00 1.00-4.99 5.00-9.99 10.00 and more

Convicted Drug Deliverers: Amounts

Source: Vukich, Ed and Hon. Deborah Fleck, “Quantity and Sentencing: An Analysis of Drug Dealing Cases in King County,” 2003.

Public Health Options within the Courts System

Drug Courts

Drug Offender Sentencing Alternative

Sentencing Costs, 2003

Per day costs x days of the year x number of drug prisoners (as of March 2003).

Source: Western Prison Project, Department of Corrections Fiscal Data, http://www.westernprisonproject.org

Disparate Prosecution of the War on Drugs

If you were the Chief of Police of the department at issue in the Beckett report, what would you do if anything to address the concerns of the report?

Disparate Prosecution of the War on Drugs

If you were the Mayor or a City Council member in the city at issue in the Beckett report, what would you do if anything to address the concerns of the report?

2004-2005 Mayor’s Plan to Eliminate OUTDOOR drug markets

1. Neighborhood Corrections Initiative

2. Stay Out of Drug Area (SODA) program

3. NARCSTAT

4. Arrest and Referral system

Next Steps: The Budget for Justice Campaign For Effective Public Safety & Human Services in Seattle

The “Budget for Justice” Coalition, Campaign 2004

African Youth United Minority Executive Director’s CoalitionAmerican Friends Service Committee NAACPCentral House People’s Coalition for JusticeCoalition Undoing Racism Everywhere People of Color Against AIDS NetworkCommunity Coalition for Environmental Justice People’s Institute NWCommunities Against Rape & Abuse Racial Disparity ProjectEvery Workers Movement Real ChangeFellowship of Reconciliation Seattle Young People’s ProjectJapanese American Citizens’ League Street Outreach ServicesJustice Works!

Next Steps: The Budget for Justice Campaign For Effective Public Safety & Human Services in Seattle

Goals of the Campaign:

End racial disparity in the drug law enforcement in Seattle Stop the senseless prioritization of low-level drug arrests over other more effective public safety measures Support and fund programs that alleviate poverty, homelessness, and root causes of drug addiction among the population targeted for arrest and prosecution.

Greg Nickels Chief Gil Kerlikowske

Mayor of the City of Seattle SPD Headquarters

Mailing address: PO Box 94749 P.O. Box 34986

Seattle, WA 98124-4749 Seattle, WA 98124-4986

Greg.Nickels@Seattle.govGil.Kerlikowske@Seattle.gov

Telephone: (206) 684-4000 Telephone: (206)684-5577

Contact Mayor or Chief of Police

City Council of SeattleMailing Address: P.O. Box 34025 Firstname.Lastname@seattle.govSeattle, WA 98124-4025

Jean Godden Richard McIver, Budget ChairDavid Della Tom Rasmussen, Health ChairJim Compton Nick Licata, Public Safety ChairRichard Conlin Jan Drago, Council PresidentPeter Steinbrueck

Next Steps: Contact City Council

Policy Discussion

Brown Bag Lunch Discussion March 9, 2005 12 noon to 1:30pm at Council Chambers

1. What would an effective and just drug policy look like?

2. What strategies can be employed to move toward a more just drug policy?

Contact Us: The Defender Association’s Racial Disparity Project

810 Third Avenue Materials currently available on website:

800 Central Buildinghttp://www.defender.org/racial_disparity.html

Seattle, Washington 98104

Project Attorneys: D’Adre Cunningham Lisa Daugaard206-447-3900, ext. 759 206-447-3900, ext. 729dadre.cunningham@defender.org lisadaugaard@yahoo.com

Project Community Liaison: KL Shannon206-447-3900, ext. 564klorganizer@yahoo.com