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A Father’s Lament: Cannabis Prohibition, Race and My Son

  • by Allen St. Pierre, NORML Executive Director December 27, 2009

    Despite the bizarre claims of some prohibitionists and law enforcement representatives that ‘no one in America gets arrested or goes to jail for cannabis charges’, NORML receives hundreds of emails and letters a week from our fellow citizens who’ve been negatively impacted by cannabis prohibition laws–notably due to an encounter with law enforcement.2000000-feb-241

    A few weeks ago I received a letter from a father of a young man arrested and incarcerated on minor cannabis-related charges in Arlington, Virginia. The father’s lament is deep and profound, beyond the standard pleas for help NORML so regularly receives. So much so that I asked him if he would send NORML the original letter for publication.

    A few local points of interest to those outside of the Washington, DC area. Arlington county is by most measures one of the more ‘liberal’ and tolerant counties in the commonwealth, maybe the most liberal. Thousands of people who work for the federal government, political partisans, non profit organizations and trade associations reside in Arlington, which has an ever-shrinking native African American community. The writer clearly sets out to make it clear that supposedly progressive counties like Arlington still have a dark side regarding how disproportionately minorities are ensnared into the criminal justice system for cannabis, and how dramatic the impact is to them, their family members–and the taxpayer’s of Arlington.

    The Barnes family’s experience in Arlington plays out across the nation every single day, where minorities are arrested at rates three to one, and higher, with even greater disparity regarding incarceration.

    In fact the New York Times just reported on such last Wednesday in an apropos article entitled ‘White Smokes Pot, But Blacks Get Arrested‘.

    Racial / Ethnic breakdown of only American adults who have used cannabis

    Racial / Ethnic breakdown of only American adults who have used cannabis

    While it is true that most cannabis consumers who get busted for possession do not go to jail or prison on the first offense (however,  tens of thousands of Americans are incarcerated annually on cannabis-related charges, including on mere possession charges, often for subsequent possession arrests), a positive drug test submitted whilst on probation can often land otherwise minor cannabis possession cases into jail or prison, most acutely to minorities and the poor.

    The practice is called ‘shock incarceration’.

    Many citizens–rich and poor, black and white–self-medicate with cannabis to try to work through any number of mental disorders, from bipolarity to attention deficit disorders to post-traumatic stress, however, a life-shattering introduction into the tax coffer-draining criminal justice system is hardly the proper prescription for their health struggles.

    Arlington, VA

    December 9, 2009

    Re:  Joshua Barnes, incarceration for distribution of several ounces of marijuana and probation violation pertaining to same.

    Dear Mr. St. Pierre:

    On February 13, 2009 my son Joshua Barnes was incarcerated in Arlington County, Virginia for possession and distribution of four ounces or less of marijuana on three occasions in 2008 and for violation of probation pertaining to several possessions and distribution charges, also of four ounces or less of marijuana in 2005.  On September 19, 2009 Arlington County Circuit Judge Benjamin Kendrick sentenced Joshua on the former charge to five years with two and one-half years suspended plus three years of supervised probation effective immediately upon his release.  Then on October 2, 2009, fellow Circuit Court Judge James Almond sentenced him to an additional fourteen months of the 2006 four-year suspended sentence, to be served consecutively in the penitentiary.  The combined time will confine my son for roughly forty four months, minus fifteen percent plus an additional three years of probation immediately upon release, all totaling more than six years under law enforcement control and scrutiny.

    In Arlington County, as in any predominately white enclave a black before the courts is likely to be the recipient of justice compromised.  Whether you perceive yourself as black, white or any of the other commonly used arbitrary colors to designate one’s racial/ethnic classification we must step up to the plate and be candid with ourselves in regard to “what is” in dealing with this reality.  We must be mindful that we are not dealing with mere machines but humans whose mental processes and emotions do play major roles in the composition of personality.  To put it another way, what we perceive by means of whatever medium molds our conscience, thus; our reactions are in response.  Invariably, for example, the average white’s response to black male’s presence in the immediate vicinity while stopped awaiting the signal light to change is to activate the door locks.   This common response fosters the criminal image of the black male held by whites and negatively impacts the mindset when the latter sits in judgment, be it the role of the judge, juror, or prosecutor on a black fate.  To put it blatantly, for whites one of the foremost traits of blacks is criminal.  When blacks behave accordingly, whites’ racist contention is fulfilled and appeasement is rewarded as a consequence.  For those in rejoice regarding the behavior it’s a self-fulfilling prophecy is achieved.  Any major newspaper of cities where blacks are in substantial numbers will have mug shots of black males in their daily crime sections.  This further fuels the mindset regarding and criminal black male and gives greater reinforcement and criminal nature of blacks, particularly the black male.

    Therefore, it is illogical and ludicrous to assume (it is only an assumption) that the average white judge, juror prosecutor or any other role player involved will suddenly and miraculously be impartial and color-blind when acting in judgment on the fate of a black, especially black male.  Ideally, we wish human nature would allow us to vacate our personal prejudices, if only temporarily.

    Justice, as many of us are aware of can be manipulated and often has a price tag.  Unlikely, elite corporates, powerful industrialists, politicians, select entertainment moguls and etc. would be subjected to the same criminal system and receive comparable sentences for distribution of small amounts of marijuana and probation involving the same charges.  It would be utterly unimaginable to witness a Kennedy, Bush, Gates, Bloomberg, Clinton, McCartney, Buffet, Oprah Winfrey or the likes who received the same fate as Joshua for the same non-violent violation.  This tactic of using power to influence justice is probably as old as prostitution and man’s enjoyment from his marijuana use.  Moreover, this reality is closely akin to the old adage, “might makes right”.  Unfortunately, in this regard we are not of the class referenced.  Thus, we are not able to mold justice to render it more human or even unethically circumvent it, as mentioned.

    It is a given when it come to white/black matters, ingrained color, prejudice trumps reason.  In my view, most whites do not want to reside with blacks in the same community, desire to worship or dine with them, be buried in the same cemetery and certainly not engage in romantic relationships and etc.  Again it is far-fetched and insane to think that the courts or any segment of society is free of partiality predicated on color of skin.

    Theoretically, we as a society do by reason utilize imprisonment as a plausible measure to remove those from the general populace who do harm or present imminent endangerment to society.  We, as the most civilized, technologically advanced with the most powerful military in history, should not make laws to take away human freedom because these are merely laws in-and-of themselves, minus moral judgment. Compare marijuana’s use and consequences to some other substances, legal or illegal.  Alcohol use, especially excessive consumption, produces grave consequences in that it contributes to deaths of tens of thousands and causes untold injuries to millions more.  Also, it is the leading cause of certain types of cancer.  In many alcohol related cases, if not most involving manslaughter the guilty is assessed a lighter sentence than Joshua.  For instance, doctors found guilty of medical malpractice resulting in the death of their patients often times are not more severely punished.  Moreover, many other crimes resulting in severe bodily harm receive less incarceration time.

    Marijuana use has been around for hundreds if not thousands of years without producing known destruction to human welfare.  In the past few decades tens of millions of Americans have smoked marijuana and millions more still partake. Statistically, as much as forty-percent of all adult Americans (They have not moved on to harsher drugs as some contend) smoke or have smoked marijuana.  Many keep or would keep on occasion a few ounces for their own personal use (or “stash”).  “A Gallup Poll in October found forty-four percent of Americans favor full legalization of marijuana –a rise of 13 points since 2000, (“Support for legalizing of Marijuana Grows Rapidly U.S.”,  Karl Vick, The Washington Post. Monday, November 23, 2009).”

    Joshua was a heavy smoker and also consumed substantial amounts of alcohol himself.  His addiction in-and-of itself caused him self-destruction and eventual doom, especially with the commonwealths legal system.  I reiterate the message that history does not provide real horror stories pertaining to consequences of marijuana use.

    Conversely, the use of alcohol, heroin, crack, methamphetamine, cigarette, coffee, Tylenol and other contrabands have had devastating impacts on most, if not all of us at some time.  In regard, we do grave disservice to ourselves and society by denying the truth, thus avoidable destruction and pain are prolonged.  As appalling as it is we devote much valued time, energy, and resources to apprehend and imprison citizens for possession and sale of a few ounces of marijuana when we, as a nation, face far daunting tasks.  Violent crimes remain throughout this land.  Many of us cannot safely walk the streets of our neighborhood during daylight hours let alone at night.  Racial and religious hostilities are still prevalent in the land, just to name a few.  The polls show that there is a real movement to transform laws governing marijuana, but many are still staunchly oriented toward maintaining the ages-old practice of filling jail and prison cells with more and more predominately young black males who have no history of violent crimes.  As a result of these immoral practices they cause these families of black males to struggle and endure unwanted suffering.

    Resources expended to take away the freedom of these blacks would be more wisely used to educate them and others, but; those in the prison/court complex are often opposed and they are the real beneficiaries.  The courts are not sentimental and are impervious to the harm and grief brought upon these individuals and their families as a result of the sentenced due to non-violent crimes.  In Joshua’s case the court also ignored the matter of Joshua’s Attention Deficit Disorder history.  Moreover, six days following his incarceration on February 13, 2009, his girlfriend gave birth to his first son, and our first grandchild.

    As a final assessment, any harmful affect to any individual or society as a result of Joshua’s action is absent.  Conversely, racial animosity and backlash of the systematic imprisonment of black males is a major instrument in widening the wedge in black/white efforts to alleviate vestiges of centuries-old racial inequalities and strife.  In the final analysis, where is the human harm caused by Joshua’s action?  Do his actions warrant, in a moral sense the take-away of his freedom and, consequently the denial of a father for his new-born?

    These marijuana laws are likened to the Poll Tax Laws of the Jim Crow Era in that they disenfranchise millions, particularly blacks.  In the near future, history will show that, again we allowed flawed government policies to damage the image, soul, and fabric of America.  In conclusion, we should all hope sincerely and pray, color-blind to a color-blind god that we be delivered from our heart-held prejudices, long entrenched in hatred to a humane state of consciousness where love dictates.

    Sincerely,

    Willie Barnes

    80 Responses to “A Father’s Lament: Cannabis Prohibition, Race and My Son”

    1. Eric from LA says:

      So, that letter was really well written. I especially liked the line pertaining to our justice system, “Unfortunately, in this regard we are not of the class referenced. Thus, we are not able to mold justice to render it more human or even unethically circumvent it, as mentioned.”.

      Glad you guys posted this. I do have to say I think it’s more a civil liberty issue in the judicial system, rather than a race issue here. I don’t know the specifics though, so who is to say?

      Do we have anyone who can help this man and his son out ?

    2. Brad says:

      While I agree that marijuana laws are dysfunctional as they currently exist, your letter implies that white judges are incapable of being fair as a result of their being white. In addition, at no point do you mention that the 3 marijuana arrests your son incurred were not accidents. They did not just ‘happen’ arbitrarily. They happened because he broke the law. They would have happened to a white person in the same circumstances. Your son has the capacity to make choices, and he made them, and they resulted in his arrest. Perhaps your scrutiny of the skin color of the Arlington county judges should come only after you acknowledge that they are not resposible for your son’s behaviour and that applying a harsher punishment is likely because your son made the same mistake 3 times in complete defiance of the the law.

      [Editor's note: Whether a person gets busted a single time of three times, or is sentenced by a white or black judge, cannabis prohibition laws are a waste of public resources, unequally applied to minorities and breaks families apart.]

    3. Jason says:

      2. Brad. Your racist. Common white person response here, divert the real issue to another issue which is irrelevant but seems like it has substantial merit enough to avoid the real, more horrifying truth. Bravo to you and your simple mindedness. FYI I AM WHITE.

      US Govt. is starting to look more like the fall of Rome with every passing day….

    4. funk says:

      im confused as to why this was put up? yes, it is a well written letter but im wondering what exactly he is trying to get at? his son was arrested 3 times for selling 4 ounces or less each time… i dont see anything race involved in this whole story except white judges? how is this a race issue, was it because it was really well written or what? yea his son was arrested, that sucks. it was for weed, that sucks even more. but he was arrested THREE times, you would think after the first, he would at least stop selling, and keep some at home for a stash, but he was caught selling it 3 times, i mean black or white, the outcome isnt going to be favorable??? if anything, this is another sad story of a young mans life being ruined by our government with these unjust laws, but not a race issue

      [Editor's note: Maybe you missed one of the salient points: Minorities are arrested at higher rates than whites (despite the fact they consume less cannabis), prosecuted at even higher rates, and, unlike whites, get incarcerated at truly disparate rates.]

    5. Joel says:

      I have to say that I agree with the gentleman in regards to the criminal justice system. I’ve been self-medicating for almost 12 years, and I thank God every day I haven’t had the beautiful chance encounter with the law yet. My vehicle was searched once (I admitted to the officer that I had been smoking earlier that day) but other than that, nothing. I can see the bias on a regular basis. And its FAR WORSE here in Texas than any other place out there. You can almost walk up to any minority here and ask if they’ve been arrested, and I would say 9 out 10 of them would say yes for possession charges.

      The point is very simple, cannabis charges are… for lack of a better word… insane. They waste government resources, burden our society with a plethora of non-violent “offenders” (which, by the way, cost about $30,000 a year to house, clothe, feed, provide A+ medical care, dental, cable tv, plenty of exercise and a higher education). I don’t even make that much a year. And there are times when I wonder where my next meal is coming from.

      The War on Drugs is a War on the American people. Pay attention the next time you hear about a drug bust, or Operation Pot Bust which cost $300 million dollars, 4 years of clandestine surveillance and 1000s of man hours to result in a bust of only 500 lbs of cannabis. Which, if its just Mexican dirt weed, amounted to a street value of only $225,000.

      Is there justice in that?

    6. enfinite5 says:

      11% of blacks smoke weed??? I call bullshit…every single black person I have ever met in my life smokes weed, All my black friends who have kids smoke weed in front of there kids…..its nothing to them. LEGALIZE IT!

    7. Jim says:

      While I think Willie sometimes sees things that aren’t there and doesn’t see things that are there, the fact remains that incarcerating someone, especially a young person, for what are essentially victimless crimes is very wrong. What if, during his incarceration, he experiences things which damage his soul so that he cannot enter the afterlife when he dies. Doing that to him is a sin which I believe will condemn those who incarcerate these young people to a miserable afterlife.

    8. jzt says:

      @brad

      He realizes that. What hes saying is that he was given a harsher sentence because he isn’t white. It’s most likely true and its horrible but most of the “white trash racists” in America are playing major roles in the government and it sucks.

    9. Mile Hi Dave says:

      After reading this very well-written letter, I felt I must respond. As a “white” male who has had a run in with the law a time or two for marijuana, I have seen exactly what this gntleman is writing about in person. As recently as 6 months ago, I was in front of the judge for smoking in public (I am a registered medical marijuana user), public being my front porch. While waiting my turn, I noticed some of the same sentencing flaws based on race, here in Denver. Whites, now that I look back on it, were given mostly small fines and blacks/hispanics were given probation or county time. Granted, I don’t know any of the histories of any of the folks I witnessed this happening to, but I do know that the courts disproportionately gave fines to the whites and more severe punishments to minorities. Let’s all be honest with each other, we have all heard of movie stars, atheletes and other celebrity types that have been slapped on the wrist fo far worse crimes – Downey Jr(Drugs-Multiple times) & Nolte (Multiple DUI’s)to name a couple.

      If, we as a society, must incarcerate minor criminals, the sentences must be equal for all -white/black, male/female, rich/poor – and the only way this happens is if we take the sentencing away from the Judges and make it a flat sentence, no different than a parking violation. Then again, why is this plant, that has been used for thousands of years, still being vilified?

    10. Song says:

      A well written letter – a bit verbose and over my head but I feel the authors truth.

      *@brad* Is all you can say is that the guy broke the law? Lmao you know that at one time the LAW said it was perfectly fine to have human SLAVES and the same LAW forbid women from voting??? haha you may want to pick up a history book next time and pass on the xbox.

      Here’s to the love revolution where we can do what we want and need – free from persecution!

    11. Anonymous says:

      Congressman Mark Kirk dresses in the clothes of a gentle Lamb ……….
      but inside he is a Wolf .

      Anyone that causes the life of any Child to be abused through hunger or otherwise has truly taken the side of the Beast .

      When a person provides for his Children and is cast into Prison for Marijuana crimes he cannot provide for his Children . Who suffers are the kids .

      If a person cannot provide for their Children because he is unable to work due to Drug Testing ( which is really marijuana testing ) then their Children
      suffer . They are often Cast into a foster home where they are soon worse off than ever before .

      Congressman Mark Kirk is calling for 20 years incarcernation for marijuana possession .

    12. rick says:

      i feel bad for this family but i really think it is more than blacks or whites the politicians are punishing any pot smoker i know whites and blacks who are losing thier jobs every day because of the war on weed they may not go to prison but they are losing everything because the govt. are making companies randomly test for drugs marajuana needs to be legalized to sop these injustices

    13. Ken Boschert says:

      When will the public finally realize marijuana prohibition has nothing to do with drugs. It’s all about protecting the profit monopolies of multi-national corporations. This is because of one simple, yet extremely far reaching scientific fact which is also the big secret they don’t want you to know about marijuana/hemp. It is this: Anything made from a hydrocarbon (petroleum) can also be made from a carbohydrate (hemp), period. Allow me to repeat this more simply. “The reason there are marijuana laws is because anything made from petroleum, can also be made from hemp.” So, tens of thousands of Americans, like Mr. Barnes’ son, are incarcerated each year, families are ripped apart, property is confiscated by the government all to protect profits, not the public. The multi-million dollar so-called “War on Drugs” is, in fact, an economic war designed to keep agricultural hemp off the commercial market.

      The hemp stalk is 77% cellulose, a carbohydrate, which makes it a hugely valuable agricultural crop in direct competition with petroleum in the production of synthetic fibers, lubricants, fuels, and fertilizer as well as plastic, acetate and rayon. During the early 1930’s, DuPont Chemical Corp. invested millions of dollars in the newly emerging petroleum-based, synthetic fiber industry. By 1937, Dupont felt threatened by hemp’s potential. It’s lobbyist’s pressured Congress into making the cultivation of hemp “legally prohibitive” for American farmers. Were the above mentioned products to be made today from the hemp stalk instead of from petroleum, potentially billions of dollars would be diverted to America’s farmers thereby threatening the huge monopoly on profits enjoyed by the petroleum and synthetic fiber industries and eventually bring about a more equitable distribution of wealth. This is something the power elite would never allow.

      Politically-impaired, corrupt governments forfeit their right to rule. It is clear that when our “special interest” government and big business speak of the “marijuana threat” it’s the protection of profits and their grip on power with which they are most concerned. Were these institutions as serious as they claim to be about protecting the public health, their attempts to cut funding for the Environmental Protection Agency and to circumvent the Clean Water and Clear Air Acts would cease. So far, they have not. Americans cannot rely on those blinded by greed and self-interest to tell them the truth about hemp. I challenge everyone to research this subject and to draw their own conclusions. A simple Internet search for “industrial hemp” will yield tons of unbiased information. To those who would prefer to let others do their thinking for them one can only say, “If you think hemp is just to smoke, you’re the dope! Don’t be a dope, educate yourself.”

    14. Jesse from Indiana says:

      In regards to the article from the NY Times, it read:
      “The handful of white pot smokers who do get arrested can be found in court on Mondays and Tuesdays, when they must answer tickets typically issued for smoking pot in a park. The rest of the week is taken up with blacks and Latinos, who are more likely to have spent a night in jail before court, said Edward McCarthy, a lawyer for the Legal Aid Society.”
      My question is this:
      Is it false to say that Marijuana is decriminalized in NY considering what McCarthy has said? What does this say about NY police officers? Why would ANYONE go to lock up for less than an ounce in NY if the law says it is decriminalized? What’s the deal with Bloomberg? He admits to smoking and yet the rate for marijuana arrests skyrocketed since he took office.

    15. Tyler says:

      I’m glad this was posted, I have went through some rough times myself. I was arrested last summer in august for possesion of paraphenalia and under 2.5 grams. I hadd no marijuana on me but they based there 2.5 grams charge on the fact that there was resin in the paraphenalia. I have been put on probation for a full year and I feel like every time I see my probation officer she thinks I have a mental problem because I smoke marijuana. She is making me go to Substance Abuse councelling. I believe thia is wrong, I smoke because it helps me deal with stress and I find everyday activities more enjoyable to me on it. Even though that is the case I am always considered a criminal and a bad person because I enjoy smoking. I think that it is because people have scued views on marijuana, there are still lies that are viewed as truths pretaining marijuana, people still believe the ludicris statements made from the 1970′s about it, and I believe if more people knew the truths about marijuana that it would become more likely to be legalized.

      Peace, Tyler.

    16. Jake says:

      The laws of marijuana prohibition are ludicrous. However,I don’t appreciate the cynicism toward whites. I wasn’t aware all whites viewed blacks as monsters and were subsequently forced to lock their car doors when seeing a black man. A white judge can operate perfectly normal but when a black man enters the court, the judge becomes enthralled with racism and can’t judge fairly? My white friend was sentenced to 2 years of prison and probation by a white judge for selling an 1/8 oz of weed. It was his first offense. Your son broke the same law, as ridiculous a law it may be, 3 times and unfortunately must deal with it.

    17. Lea says:

      Mr. William Barnes, Thank you for being so bold to write to NORML and to share Joshua’s story with us. Those of us who have long fought prohibition are on your side, and my heart aches along with yours.
      Please know that we’ll continue to fight the inhumane actions of those in power who choose to erroneously wield their unjustifiable swords.
      Your color doesn’t matter to me, never has, never will.
      ———–

      Now maybe some of you can begin to understand why it’s painful to hear comments about what you’re smoking and how much fun you’re having here. Grow up please, and get on board. Put down your cannabis unless you have a medical marijuana card and calmly fight this ugly beast of oppression called prohibition.
      Resolve to make 2010 the year that you personally made a difference in this war on the people.

    18. Jim says:

      In direct disagreement with Brad’s response, the Jim Crow laws still exist today in the form of the “drug war” Take a look at http://www.blip.tv/file/2152525/ and you will see an enlightening, sometimes funny, yet very truthful look into how the “drug war” targets people of color and minorities; ss Mr. Barnes says, “three to one”!. I do not know why this documentary is not in the movie theaters or on TV!

    19. Jim says:

      Take a look at http://www.blip.tv/file/2152525/ and you will see that the “drug war” is racially motivated and has had the intended effect since Dick Nixon.

    20. Johnny D says:

      Even though Joshua has broken the law three times, it does not refute the fact that blacks are far more often arrested, convicted and incarcerated for infractions that others are not. And I agree with Joshua’s father, that our society needs to become blind to color and other perceived differences between individuals. Our laws and justice system are tearing at the fabric of our society and need to be changed. This change happens on an individual level, and only when enough individuals know the truth, will the “reality” change. So, we must as individuals and as groups speak out against injustice.

      Our current cannabis laws need to be changed. Although it will not end prejudice or a dysfunctional justice system, it will go a long way toward ending a war that primarily affects people of color, and young people.

      Thank you for your letter Wilie, and thank you for posting it Allen.

    21. Seethelight@yahoo.com says:

      Very well said sir. My research has led me to believe that there is an elite global organization. The members of this organization share a common goal. To create a society in which the rich man are like gods. They want to eradicate the poor. The marijuana laws are a tool they use for mass incarceration. It seems like a war on the poor, and that’s exactly what it is. That’s the point. The government covers up those intentions by creating the lies. The government sure is greedy and tyrannous, but they were never that intelligent. Did they really expect us to believe the lies surrounding marijuana prohibition? A good example is John Walter’s infamous unicorn speech. They know they are in the wrong and they have every intention of continuing their little skit. For reasons very sinister. Infact, evil is an understatement. Change is never gonna come from within. Me personally, im moving out of america as soon as I can afford it. I don’t believe that sanity will ever be restored to americas twisted politics. It’s a joke. Our founding fathers feared this would happen too. The greed of men eventually destroys all that is sacred.

    22. law enforcement is the real enemy says:

      amazing

      just cuz its the law dosent mean its justified and should be followed. just cuz laws made blacks sit in the back of buses dosent mean we should all follow that law blindly

      what this man is trying to say is how unjust these cannabis laws give law enforcement an “excuse” to disproportionately target minorities

      even tho this gentleman broke the same law three times that same law is unjust and unconstitutional. why would a freedom loving american follow a law that is unconstitutional

    23. law enforcement is the real enemy says:

      all i have to say is our forefathers were willing fight, kill and die for their freedoms we should be willing to do the same. Its clear that the current method of this movement is failing.

      However the spike in violence in mexico and the border regions in the country is doing much more to make people consider that perhaps enabling these criminals to profit from the black market. The violence against law enforcement will be a huge factor in the movement in legalization. once law enforcement realizes that the prohibition has just created more problems that it solves they will hopefully be forced to reconsider the status quo. The alcohol prohibition brought the same increase of violence and brought more power violent criminals, which ultimately forced the change

      legalize the drugs and you take the power away from the criminals and back in to the hands of law abiding citizens

    24. Ozlanthos says:

      “We, as the most civilized, technologically advanced with the most powerful military in history, should not make laws to take away human freedom”.

      I suppose you think we should have let Bernie Madoff stay free after ripping thousands of people off for billions of dollars too eh? Your kid got busted 6 TIMES! Sorry charlie, when I put my hand on the stove-top as a child, I learned the FIRST time why I shouldn’t. If being arrested once was not enough to make him learn, I say too bad! While I think the laws he broke are completely ridiculous to begin with, I cannot deny him the responsibility for having broke them! He knew what the score was from the outset, and he CHOSE to take his chances anyway.

      Fear not though my good friend, Obama is out to settle the score for the millions of blacks and other minorities disproportionately afflicted by the drug war. His new health insurance bill will imprison poor people for not having enough money to buy insurance. Despite the fact it will hurt minorities more than whites (due to a disproportionately higher number of poor minorities) it will also disenfranchise just as many right-thinking voters as the drug-war has regardless of the color of the judge’s skin.

      I can tell by the language you used that you are in fact black, and do not know anything about “whites”. It is because you “identify” yourself as black that you can project whatever behavior, motivation, or intent you wish on the actions of “whites” without thought. As considering whites individually would require thought, I am sure you feel justified in denying them the amount of thought it would take them to evaluate “blacks” on an individual level. This makes you a racist in my book.

      Make no mistake, whites are judged just as harshly and unjustly as “minorities” are when it comes to drugs. That being said, rather than whining at the walls about what is going on with your son, why aren’t you joining, contributing to, or starting an anti-marijuana law group and petitioning our government to end this unjust war on the “people”?

      -Oz

    25. Matt Vann says:

      While I myself can’t claim to have never had a racist thought I think it’s obvious that minorities are targeted more then the majority, and I think it’s wrong. Our country is falling apart because of the people who run it, not the guy selling a few ounces of weed to help feed his family, and no matter what some people say that is a big reason for people selling marijuana, most people cant even get a job much less one that pays more then minimum wage, so many people whit and black use this as a supplementary income because its easily grown right at home and its easy to make a profit on. It almost feels like the people in power are incarcerating and taking away the rights of thousands of Americans simply to solidify there own power, and that’s not just the politicians it’s law enforcement, petroleum interests and the lumber industry to name a few, it has been this way since marijuana was first prohibited, these are the people who are keeping everyone down, while the government lines there pockets our nations children are deprived a descent education, distend to work in a fast food joint for the rest of there lives and that’s all of the nations children not just whites or blacks, this is why people sell marijuana, not because they want to break the law but simply because they must to survive, and no one should be incarcerated for simply surviving.

    26. sgtpepper106 says:

      I don’t think the real issue is race here, although certainly it’s still a very real problem in American culture. The previous arrests do add up, but I have to agree with the father, the penalty for a non-violent offense seems far to stiff. America needs to move toward de-criminalization, otherwise the burden on law enforcement will begin to bankrupt us. Cannabis has been scientifically proven again and again to be less harmful than alcohol and tobacco, and yet the mere possession of minimal amounts leads to incarceration. The policies surrounding this plant are ludicrous, no matter what your ethnicity. We need to all stand together and do all we can to undermine the DEA, until people begin to use their brains. I sympathize with each unfair victim of outdated drug laws, having known several inmates myself. Things will never change though, unless we all join together and sabotage the current system.

    27. Duncan says:

      Those that think it significant that this young man was charged with 3 offenses and ‘should have quit’ after the first don’t understand how undercover police work. It is extremely likely that the young man in question did not know that he had been selling to a cop until after the 3rd incident. I was busted in Fairfax County in 1982, and picked up 3 charges of intent to distribute. I had no clue that my customer was LEO until after the third incident, when I was slapped in handcuffs. The police do this to establish a pattern so that the victim can’t try to minimize his involvement by claiming it to be a one time thing. It also pads their stats. After all, 3 drug charges are better than one. Regardless, it’s insane that people are busted for these idiotic ‘crimes’ and regardless of skin color needs to be done away with. But to try to minimize the effect of race in the criminal justice system is simply disingenuous. The first thing I noticed upon my checking to the Fairfax County Greybar Hotel was that the majority of the guests were black. I recall a conversation with a fellow guest who happened to be black, who was shocked by all the white people in the jail. I pointed out to him that 60% black was still highly unrepresentative of the population of Fairfax County by an order of several magnitudes.

    28. rex downham says:

      i began using marijuana when i was a teenager, just like millions of other americans. i believed that the prohibition on marijuana would be repealed eventually, simply because making a criminal out of someone for possessing or ingesting a few
      grams of weed is absurd. i thoroughly researched the history of marijuana and found that our corporate-run government launched this conspiracy a long time ago. the information is all there, you just need an open mind to learn that weed is beneficial to mankind in a variety of ways. perhaps this is why mother nature provided it?

      i have numerous medical afflictions; i.e., spinal spondylosis, spinal steno-sis, metal rods and screws through my spinal vertebrae, hypertension, bipolar disorder, etc. i live with tremendous pain, which is partially offset by huge amounts of life destroying pain killers. i find that marijuana is more effective in treating my pain than morphine. if pot was legal, i would grow some in my bedroom window, and ingest it by cooking it in my food. this would help to control my pain 24/7, and my bipolar depression episodes would also be minimized, and in some cases avoided, through meditation and other weed enhanced modalities.

      i will not live nearly as long as i normally would, primarily due to these deadly pharmaceutical poisons i must put through my body. this is what my pain management doctor tells me anyway. is this freedom? is this the ‘pursuit of happiness’ i’ve read about?

      while some of you feel this isn’t a race issue in his case, it’s simply denial not to recognize the obvious patterns in our courts and arrest statistics. of course blacks are discriminated against. just as whites are to a lesser degree; however, it’s ‘classism’, not ‘racism’ that i see with regard to the marijuana laws. anyone who can ‘afford’ justice will not have their record tarnished by these ridiculous laws. please, anyone, change these laws before our collective patience wears out.

    29. rex downham says:

      oops, i cut-off the end of my last sentence. it should read:
      “please, anyone, change these laws before our collective patience wears out and we start voting ourselves into office.”

    30. law enforcement is the real enemy says:

      Ozlanthos wow this guuy must be an idiot or something

      the reason bernie madeoff was put in jail was cuz he actually harmed people. he STOLE from them

      The guys son in the letter was arrested for cannabis charges who knows if he was actually even selling it since they would charge you for distribution for having multiple bags. This mans son was not stealing or harming others in any ways. that is the difference between madeoff and.

      wether those judges even realize that they are being racist is not a question. a judge can be harsher on minorities subconsciously. and even thought we have come along way with equality and such their are still MANY out their who would love to see jim crow law
      again.

      and now you have a child who was brought in to the world, the father is imprisoned. how does this even help society. the man was not a danger to him self or anyone else his imprisonment is unjustified, just as these laws are.

    31. My heart goes out to the entire Barnes family. What a horrible tragedy. Marijuana arrests destroys families across the nation. I applaud Allen St. Pierre’s articulate attention brought to these important issues addressing these injustices. I feel enlightened each time I learn more about the marijuana community through these personally stories. As many of you know, we are just launching our Beverly Hills NORML Chapter. On behalf of our entire board of directors, I’m excited to share that I’m becoming more and more involved in several different cultures to represent all ethnicities on our board of directors. I believe this vitally important to bring media attention to inspire change.

      Prayers to the Barnes family. Happy Holidays to Everyone ! Thanks to all of the NORML chapters, activists and supporters for all of the work that you do. 2010 is our year! Let’s make history!

      Cheryl Shuman
      Executive Director
      Beverly Hills NORML

    32. Matt Vann says:

      To Ozlanthos

      “why aren’t you joining, contributing to, or starting an anti-marijuana law group and petitioning our government to end this unjust war on the “people”?”

      first off he is contributing by writing this letter to norml, if he didn’t we wouldn’t have heard about this mans son going to jail and information is the most powerful form of contribution we have, Oz it seems to me that you are the racist one, of course I cant say that because I don’t know you, you could be the crusader for racial equality or maybe you yourself are racist, I cant say but one thing I do know is that Joshua Barnes will most likely be beaten, raped, and maybe even murdered my violent criminals who are in the same place as him for far worse crimes, I bet you would sing a different tune if you were in Joshua Barnes or his fathers place.

    33. Bayou23 says:

      In Alabama the law doesn’t discriminate to whom they lock up for marijuana charges. They lock us all up. I knew a white male once, here in Alabama, that spent ten years of his life behind bars for two joints. Yes, that was two little joints, absolutely nothing in my opinion. Alabama law doesn’t care what color they lock up. We live with a Hitler style government here in Alabama. The Alabama law would love for it to be a hanging offense for possession, for anyone. We just love our state officials.

    34. Lea says:

      Yes #13 Ken Boschert you are correct. So tell me, how do we end it?
      And question #2, How do we get the left, the right, the middle, the up, and the down all together on what you’ve written? I can answer that one: We don’t, the government has also played another dirty game on us by dividing citizens.

      AND if this doesn’t get you pissed people I don’t know what will:

      During the general debate on the health care legislation that recently passed the Senate, Senator Max Baucus, Democrat from Montana, took to the floor of the Senate and engaged in a drunken tirade. Oblivious to the fact that he was slurring his words and mangling his sentences, Senator Baucus shouted down opponents as he let loose a rambling, and at times incoherent, tirade against those dastardly Republicans who refused to be bipartisan.

      It is on YouTube: Enjoy, NOT!

      Senator Max Baucus Drunk / Intoxicated on Senate

      C-SPAN2

    35. Dominic says:

      This is no race issue. Being arrested 3 times especially with 4 oz the last time, is a FELONY. I’m sorry, but this guys son should be doing a lot more time than what has been sentenced. I have seen people get arrested their FIRST time and go to jail for over a year. Sure it sucks, but it does not just depend on skin color. It depends on your overall character and personality. If you are a good recognizable citizen of your community then the judge might be a little bit more lieniant on you. If you have just been a screw up most your life, or been arrested MULTIPLE times for the same thing, then you are by definition, a CRIMINAL. This man, weather he is black, brown, white, or yellow is getting exactly what is coming to him. If we are wanting to get somewhere in this fight to legalize, it will not be by using stories like this for examples. It will be the stories where a sick person was locked up for only POSSESSION and then either gets more sick, or possibly dies in jail. Only then will it really make a difference.

      [Editor's note: Possessing four ounces is not a 'crime' worthy of felony status as all cannabis should be legal. In some states, like Ohio, 100 grams of cannabis are decriminalized. In Alaska and Denver there is no penalty for possession 28 grams.

      Criminal justice systems that disproportionately arrest/incarcerate minorities necessarily 'create' greater degrees of criminality....]

    36. Kevin says:

      I have to agree with this letter. As a white male I have been let go many of times for possession, without a single ticket, and when I did get a ticket(No arrest) the court ended up dropping the charges.

      Now my friend who is a Hispanic, just got caught for less then 2 grams, yet now he has to go through 3 months of probation, pay about 1000 in fees, and had to get an attorney. This makes no sense to me whatsoever.

      Now, I do talk very nice to cops, respectful, and scared for my life. My friend told the cop he had weed(He got pulled over for his exhaust being loud) And the cop didn’t arrest him thank God, but still gave him a ticket, a now he’s on probation.

      Cops are racist, I see it first hand all the time. And so are judges. This is here in broward county Florida. It’s absolute madness and I really wish it would stop.

      And btw @ brad, If you read correctly he got caught with 4 ounces or less. Now I’m just guessing the the law over there is 4 ounces or less. Compared to here which is 20 grams or less(misdemeanor). 4 ounces or less over there could be a felony, for any amount. So who knows. Don’t be such a racist white dude, seriously.

    37. Brad says:

      I agree with every comment here that cannabis prohibition laws are absurd. That being said…if you break the law you will be treated as a criminal by the state. Judges preside over the courts, they do not enact law or create legislation. They simply apply the existing laws to those who have broken them. Repeat offenders of any color usually do not get sympathy from the court. Exactly how does pointing these simple truths out make me a racist? If you want to see cannabis laws changed you need to vote for people who will do so through legislation. This is how laws regarding the codification of racism (slavery) were changed and the same will be true for cannabis reform-when it happens. If you choose to behave as if these laws are non-existent because you disagree with them, you can expect that you may get arressted and incarcerated. It’s as simple as that folks.

    38. chris says:

      Sorry, but your son was an easy target after getting caught the second time. Your sons Race did play a huge part of him getting locked up, the marijuana laws came into action because of Race, Greed, and Jazz music.

      Being a white male has advantages if you avoid tattoos and piercings. The advantages increase too join the military become a veteren either a DAV or even better a VFW, take a few college courses and learn rhetoric…I’ve lived it, I’ve been pulled over with drugs(half smoked bowl of Cannabis)while wearing my Army jacket, I had no car insurance, registration and an out of state ID. I was asked to step I got searched but it was not on my person but in the car. The cop asked me if I had anything in the vehicle with no delay I said no which was bold straight face lie I gave him permission to search the car he open the door looked in and that was it wrote me a ticket and broke protocol (he was supposed to take the car and impound it.)he told me to sit here until he is not in the area then drive home.
      Now that wouldn’t have happened if I were African American or anyother race. Except female cops keep it real race charm it don’t matter everyone is an enemy to a cop. If marijuana were legal I’d be a cop but rhetorically I am guilty of treason to my country because of this drug war.

    39. CannabisTV says:

      The film American Drug War talks about the racial disparity in the enforcement of drug laws. Watch that film and others at CannabisTV.org and CannabisTV.blip.tv

    40. V. F. Dean says:

      Is there someone to whom NORML or we can send a letter or letters on behalf of Joshua Barnes? If so, can you please provide us with the address? Maybe NORML could suggest some points that we could make.

      It is not surprising that young people disobey unjust laws that cause negligible, if any, harm to themselves or others except the stigma of having broken a law and spreading deserved cynicism about our legal system. Our criminal justice system needs to live up to its name, with laws that promote justice and fairness and uphold our freedom to live as we wish without hurting others.

      If the Judge is bound to sentence for breaking such a law, he could at least apologize to the defendant and say that he does it because it is his job to uphold the laws, just or unjust. If the prison provides some job training or other programs or opportunities for inmates to prepare to support themselves after release, the judge could recommend these to Joshua Barnes. I recognize the paltriness of these suggestions compared to the seriousness of incarceration for smoking something that makes one feel better. It is absurd. There must be a better way.

      Racial prejudice is an irrational emotion that many people still feel, sometimes without realizing it, that is contrary to equality under the law. If justice is to prevail, feelings of racial prejudice should not be a factor in the administration of laws.

      [Editor's note: Readers who want to contact the Barnes family, please send an email to legal@norml.org]

    41. JeremyVA says:

      Ive been arrested in VA the police officers are so disrespectful when searching you and going through your belongings its really aggervating. They literaly treat you like a terrorist over a quarter ounce…

    42. Anonymous says:

      pie graph is too small to read, norml always does this. what are you, stoned? lol

    43. The Chef says:

      He got what he deserved, time in jail for a drug dealer. He broke the law, same law that I follow and I am not Black or White.

      [Editor's note: No adult in America should get arrested a single time for possessing cannabis (a dried vegetable matter...), and should NEVER go to jail and waste taxpayer's dollars and pervert law enforcement's real public safety concerns.]

    44. Jed The head says:

      Cannabis prohibition started as racism “only blacks,Mexicans and jazz musicians use the stuff” I think is how Harry Aslinger put it. Why would we think it would change over time. It is meant to keep minorities beaten down. The first arrest was a Mexican. It hasn’t changed in 73 years. Anyone who supports cannabis prohibition is a racist. To say that our legal system is fair is ludicrous. The rich and influential don’t go to jail in this country. Only poor and people of color go to jail in this country. How many poor people get elected to public office in America? The rich people run the country along with their corporations.

    45. Marcus says:

      To #42… buy a bigger screen?

    46. joe says:

      I’m on 6 months of informal probation for having a bowl and the 3 other kids that I was with were drunk and just got let off free. They were more of a danger to people then what I was.

    47. NT says:

      I do not like bringing racism into the debate of cannabis prohibition. It is a double-edged sword. No one should go to jail for cannabis PERIOD. The fact that this man was sentenced to serve these harsh prison times, is an injustice whether black or white. I’m sure people of all colors suffer under prohibition. The prohibition alone strengthens organized crime and puts MONEY and power into the hands of those who shouldn’t have it.

    48. Fireweed says:

      Oh, for crying out loud! Either the guy had just bought a large quantity because it was a good batch and sometimes it makes sense to buy large quantities if the stuff is good, or the guy was in fact selling it in which case he was, as far as I”m concerned, doing a public service.

      When the truth comes out, society’s going to realize that this substance is good for society. If it was legalized, first of all it would be taken out of the hands of criminals who dabble in other types of organized crime, such as perhaps sexual slavery, and secondly, if it were made more easily available for adults, I think you’d eee more people smoking that and fewer people drinking alcohol or getting hooked on prescription drugs. If more people were to use pot instead of alcohol or other drugs of abuse, I think you’d see a quieter more peaceful less materialistic less impulsive society than we are now. People would more likely take the time to think about things because that’s what you do when you smoke good stuff.

    49. Willie Barnes , Sir …….. after reading your letter in its entirety tears actual formed in my
      eyes . I can’t believe what’s happening outside of my State . What i see on the TV show ” Cops ” is shocking enough that this type of insanity still goes on in America .

      Willie , i am saddened that this happened .Best we can hope for is a change in unjustified Laws during the next year allowing him to be the free man God meant him to be .

      No one black or white , rich or poor , young or old should be incarcerated for marijuana . It’s a waste of public resources with unjustified laws being unequally applied to minorities & it breaks the family apart making matters worse than they were .

    50. something to think on says:

      I think this applies yet again… There are good and bad folks of every race but if you choose to not better your position in life and wallow in self pity and you have been given the means to at least try… suffer the outcome like a man! (Pot should be legal for responsible adults and those that cannot be responisble should be able to get treatment without prosecution.)

      My son deals with this behavior and racial issue every day in 6th grade. He comes home not understanding why there are kids just behaving like they are entitled to do as they please and screw everyone else in the way… I go to the PTA and wonder why the parents let the kids behave as they do, then I meet the parents.

      When the hell are folks going to take personal responsibility for thier actions? I stand behind Bill Cosbys statements from an article below…

      By: Dr Arthur N Lewin
      Jun. 30, 2004

      “Everyone is talking about what Bill Cosby said. But has anyone seen the full text of his remarks? No. Because Howard University, where Cosby made his comments highly critical of “lower income people” on the occasion of his receiving an award by the NAACP last month, refuses to release the transcript. Obviously, it would be preferrable to have the full and entire text, here is the next best thing, a compilation of some of his comments floating around the media… “Ladies and gentlemen, the lower economic people are not holding up their end in this deal. These people are not parenting. They are buying things for kids – $500 sneakers for what? And won’t spend $200 for ‘Hooked on Phonics.’ “They’re standing on the corner and they can’t speak English. I can’t even talk the way these people talk: ‘Why you ain’t,’ ‘Where you is’ … And I blamed the kid until I heard the mother talk. And then I heard the father talk. … Everybody knows it’s important to speak English except these knuckleheads. You can’t be a doctor with that kind of crap coming out of your mouth!

      “I am talking about these people who cry when their son is standing there in an orange suit. Where were you when he was 2? Where were you when he was 12? Where were you when he was 18 and how come you didn’t know that he had a pistol? And where is the father? . . . “The church is only open on Sunday and you can’t keep asking Jesus to do things for you. You can’t keep saying that God will find a way. God is tired of you,” Cosby declared to loud applause “I wasn’t there when God was saying it, I am making this up, but it sounds like what God would say. In all of this work we cannot blame white people. White people don’t live over there; they close up the shop early. The Korean ones don’t know us well enough, so they stay open 24 hours.” On fashion: “People putting their clothes on backwards: Isn’t that a sign of something gone wrong? . . . People with their hats on backwards, pants down around the crack, isn’t that a sign of something, or are you waiting for Jesus to pull his pants up? Isn’t it a sign of something when she has her dress all the way up to the crack and got all type of needles [piercings] going through her body? What part of Africa did this come from? Those people are not Africans; they don’t know a damn thing about Africa.

      “With names like Shaniqua, Taliqua and Mohammed and all of that crap, and all of them are in jail. Brown versus the Board of Education is no longer the white person’s problem. We have got to take the neighborhood back. We have to go in there — forget about telling your child to go into the Peace Corps — it is right around the corner. They are standing on the corner and they can’t speak English.”

      On sports heroes: “Basketball players — multimillionaires — can’t write a paragraph. Football players — multimillionaires — can’t read. Yes, multimillionaires. Well, Brown versus Board of Education: Where are we today? They paved the way, but what did we do with it? That white man, he’s laughing. He’s got to be laughing: 50 percent drop out, the rest of them are in prison.”

      On teenage sex: “Five, six children — same woman — eight, 10 different husbands or whatever. Pretty soon you are going to have DNA cards to tell who you are making love to. You don’t know who this is. It might be your grandmother. I am telling you, they’re young enough! Hey, you have a baby when you are 12; your baby turns 13 and has a baby. How old are you? Huh? Grandmother! By the time you are 12 you can have sex with your grandmother, you keep those numbers coming. I’m just predicting. . . .

      “What is it — young girls getting after a girl who wants to remain a virgin? Who are these sick black people and where do they come from and why haven’t they been parented to shut up? This is a sickness, ladies and gentlemen.”

      Sickness indeed !!!

      [Editor's note: Not at all sure what your response is supposed to mean...A father complains about cannabis prohibition's ill effect on his son's life and you re-post a Bill Cosby lecture about raising responsible children who're black. OK...]

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