The Black community has paid an unconscionably high price for the "war on drugs" while deriving few "benefits" from it. Demand reduction through interdiction and education may have occurred in more favored sectors of society. However, claims of a decline in drug use among middle class and suburban citizens contrast sharply with signs of increased drug abuse in America's inner cities.1

The cost paid by the Black community can be measured in frightening numbers of untreated Black addicts, young Black males imprisoned, and young Black females dying from AIDS transmitted through drug abuse. These costs are inherent in and caused by current national drug policy. Only an attack on this policy and the implementation of a humane, scientific alternative can reverse these trends. This will only occur if the national leadership, and the Black community's leadership can be galvanized into movement(s) to create a new policy consensus.

Prison and the Young Black Male

The current policy's emphasis on the criminal justice system and "street level law enforcement" has contributed substantially to the doubling of America's prison population from 500,000 to one million between 1979 and 1988. Young Black males are profoundly affected by this increase. In February The Sentencing Project, a Washington D.C. research institute focused national attention on the fact that "[almost one in four (23 per cent) Black men in the age group 20- 29 years of age is either in prison, jail, on probation or parole on any given day." The comparable figure for white males ages 20 - 29 is 6.2 per cent.2

Much of this increase in Black male incarceration is the result of drug related arrests.3 If current policies continue there is little prospect for change. Recently the Los Angeles Times reported that "...In Florida, state researchers predict that by 1994, nearly half of the black men in the 18 - 34 age group will be locked up or under court supervision."4

Motives for involvement with drugs vary among Black youths. Some are motivated by addiction, some by an apparent lack of opportunity or self esteem, still others by economic necessity or greed. Whatever the reason they can readily follow the examples of those who "make it" by selling illegal drugs. Consequently a large segment of the Black male population is permanently removed from the job market 5 and the mainstream of society by the stigma and disabilities of conviction, and in turn becomes even more vulnerable to the lure of the drug trade and addiction.

Youths who choose this path seem reconciled to imprisonment and a high risk 6 lifestyle involving death from overdose, AIDS, or drug related violence. Thus the Black community subsidizes the "war on drugs", with the lives, liberty, and economic potential of its male youth.

AIDS and the Young Black Female:

While national policy imprisons young Black males at a disproportionate rate, it fails to address the problem of the death rate among young Black females from AIDS spread through intravenous (IV) drug use. A recent study by Susan Y. Chu, an Epidimiologist from the Center for Disease Control reveals that in 1987 AIDS became the leading cause of death in Black women age 15-44 in New York and New Jersey.7 The study indicates that among this group AIDS related deaths now outnumber deaths from heart disease, cancer and accidents.

Nationally AIDS is an increasingly significant cause of death for all women of reproductive age but "[the 1988 death rate for HIV/AIDS in black women 15 to 44 years of age was nine times the rate in white women of the same age."8 The study concludes that the majority of such AIDS cases are the result of IV drug use or sex with IV drug users.9

Additionally, the Chu study notes that this trend of increasing AIDS mortality in women of reproductive age "forcast[sr a similar development among children since 80% of infants with AIDS acquire it from their mothers.10 This prediction is even more alarming when viewed in conjunction with the tragic fact that there are at least 100,000 "cocaine babies" born each year in the United States. These results are shocking but not surprising. The IV drug use-AIDS connection is not a new discovery. Current policy makers cannot justify their failure to analyze and attack this dilemma by claiming "surprise".

Dr. Chu and her co-authors urge "health professionals and policy makers" to address the implications of their findings.11 Such admonition would be unnecessary if "Drug Czar" Bennett was accurate in claiming that he has been conducting a "national conversation on drugs and drug policy".12 There is no evidence that any such dialogue has reached New Jersey or focused on the young women studied by Dr. Chu. Robert Hummell, outgoing head of New Jersey's Health Department's AIDS division reacted to the July 1990 news reports of the study saying,

"This is a tragedy of the greatest proportion and will continue to be a tragedy. It is almost as if we, as a society, have said it is acceptable to not have a public policy that deals seriously with this epidemic and in fact is writing off a portion of our population!"13

The current policy's "zero tolerance" approach leaves little room for direct measures limiting the spread of AIDS through contaminated needles, or for educational programs to alter sexual practices between IV drug users and their partners. As long as attitudes and resources favor the jailhouse over the schoolhouse and the clinic these costs will continue to mount and will be paid disproportionately by Blacks, Hispanics and other urban "outcasts".

Untreated Inner City Addicts

The fundamental assumption underlying current policy is that the disease of drug abuse, can be effectively cured by a strategy that relies primarily upon the criminal justice system. It further assumes that the demand for illegal substances can be eliminated by arresting users and "street lever"14 dealers in large numbers.

In administering current policy, the Bush administration chose to allocate only 26% of the $9.6 billion drug funds for fiscal year 1990 under the Anti-Drug Act of 1988 for treatment. In response to criticism from New York Senator Moynihan that "adequate treatment" under the act meant a "50/50" split between law enforcement and treatment funding, "Drug Czar" William Bennett said that the statute did not require "treatment on demand".15

However, even some opponents of legalization feel that greater availability of treatment is essential. Congressman Fortney (Pete) Stark (D-Cal), a member of Charles Rangel's House Select Committee on Narcotics and Drug Abuse compared the problems shared by New York City and Oakland, California,

"Both cities require addicts to wait at least six months for treatment. Both cities have seen drug related crimes skyrocket as a result of the lack of available treatment. Both cities spend many times more funds and resources arresting users than concentrating on treating the addicted.. ..I am introducing a bill to provide treatment for all addicts seeking help. Treatment on request, I think, is a good answer to lowering our cities' drug-related crime rate."16

The human cost of a system which denies treatment to any addict who needs or requires help is beyond measure. The failure to offer treatment more widely also increases the numbers of Black males imprisoned and Black females and children endangered by the AIDS virus. This highlights the urgency of the need for a comprehensive critique of current policy and the establishment of an alternative.

"A 'Plague' on Both Houses"

The Black community has shown little enthusiasm either for the "war on drugs" or for drug "legalization". Among the few Blacks championing current policies are HHS's Louis Sullivan and ONDPC's Reggie Walton members of the "General Staff' of the "war on drugs." In isolated opposition stand Baltimore's Mayor and former prosecutor Kurt Schmoke Congressman George W. Crockett Jr. (D-MI), and a handful of others.

The unwillingness of many Blacks to become involved in the "legalization" debate is rooted in the promise of current policy makers to provide safer streets and a reduction in the demand for illegal drugs. Although these promises remain unfulfilled and the costs paid by the Black community continue to rise, control of governmental apparatus and funding gives current policy makers the only game in town.

In stark contrast stand advocates of "legalization" who propose an approach even sympathetic listeners regard as "a long range gamble."17 They argue that violence is exclusively a by product of the black market but they have failed to account for the perceived biochemical effect of the stimulant cocaine.18 They have also failed to sufficiently emphasize their opposition to the "abuse" of drugs and their support for safeguards to limit the exposure of children to illegal drugs. Finally, to the extent that they possess "good evidence" 19 that decriminalization will not result in long term increases in abuse it has not been sufficiently disseminated.

Neither "camp" has forcefully argued the position that drastic improvement in educational,20 employment 21 and housing opportunities for Blacks as well as an increase in capital available to Black communities is an essential part of any effective "drug program" for the inner cities.

Treatment counsellors and professionals decry the need to send newly detoxed or treated drug abusers back into the same arid environment from which they came. Only the racist view that Blacks prefer anti-social activities, prison life, crack houses, crime, violence and early death can justify not attacking the underlying social pathologies affecting inner city life as part of a comprehensive plan for attacking drug abuse.

There has been little policy formulation or debate about the role of criminal justice in current drug strategies within the Black community. This does not mean that current policies are viewed with approval. There exists a consensus that failure to bring about profound changes may be catastrophic for the future of Blacks in America.

The view that the young Black male in particular is in danger has become a shibbiloth among Blacks. It is so pervasive that even Secretary Sullivan concedes that Black males constitute a "species in danger." 22 The 1990 national convention of "100 Black Men", a Black civic, organization was devoted to the plight of the "Young Black Male" as was a significant segment of the NAACP's 1990 convention, and that of the National Bar Association. This year a National Black Male Conference was held to attempt to focus energies on this problem.23

The statistics given prominence in the Sentencing Project study are frequently discussed and cited in political debate and discussion. This reflects the existence within the Black community of a constituency hostile to current policies. The likelihood of an alliance between this force and groups in the larger American community depends on the willingness of the latter to address the interests of the Black community. Black leadership must be a part of the process of formulating strategy. The objectives and costs of alternative policies must be acceptable, honestly discussed and equitably distributed throughout society.

The need for a revitalized approach to the drug dilemma extends beyond the Black community. Drug abuse and the AIDS virus do not respect the boundaries of color, class and geography. If Dr. Chu is correct that AIDS will be the fifth leading killer of all women of reproductive age by 1991 "Suburban America" must be convinced that it cannot erect a "cordon sanitaire" to protect itself from AIDS. Dr. Howard Minkoff a professor of obstetrics and gynecology at the State University of New York expressed concern about the reaction of those not immediately effected by the Chu study." [The results are] overwhelming, worrisome and troublesome. Even more troubling is the attitude of white middle-class Americans whose reaction to such reports is 'its still not us."24 Ineffective and inhumane policies should be important concerns for all citizens. The obvious victims of current policies are inner city Blacks but the time will come when every sector of this society will suffer from them. The time to change them is here.

Raymond Brown is a lawyer with Brown, Brown & Kologi at One Gatewy Center, Suite 900, Newark, N.J. 07102. (201) 622-1846.

Footnotes

1 An accurate and comprehensive analysis of the impact of "war on drugs" on the Black community has yet to be produced. Nevertheless a recent news story in the Christian Science Monitor found NIDA director Charles Schuster and the Office of National Drug Policy Control's associate director Reggie Walton agreeing with Kevin Zeese of the Drug Policy Foundation and Peter Reuter, Co-Director for Drug Policy Research for the Rand Corporation that a pattern of reduced "suburban" use and increased inner city addiction is evolving. All concurred that this could result in a reduction of funds and national political will to confront the problem of drug use. "US War on Drugs Losing in Cities, Winning in Suburbs", Dillin, John, May 4, 1990.

2 Young Black Men and the Criminal Justice System: A Growing National Problem, Mauer, Marc, The Sentencing Project February 1990, (2). (Hereafter Young Black Men )

3 Mauer observes that "[although crime rates increased by only 2 percent in the period 1979-88, the number of prison inmates doubled during that time." (Young Black Men) (2). New Jersey experienced a "meteoric" 50% increase in indictable cases between 1988 and 1990 due largely to the "war on drugs", Statement of Chief Justice Robert N. Wilentz, July 23, 1990 (made at the time of assigning Civil Judges to the Criminal Division.)

4 "Big Catch: Drug War's Little Fish", The Los Angeles Times, May 6 1990, Bearak, Barry. (Hereafter "Little Fish"). Some observers estimate the current number of young Black males subject to Judicial supervision in Philadelphia as 20%. "Young Black and in Danger", The Philadelphia Inquirer, July 15, 1990, Ferrick, Thomas Jr., & Byrd, Jerry W. (Hereafter "Young Blacks in Danger».)

5 Not addressed here is the cost to these men and society of the unconstitutional conditions of confinement created by this influx of prisoners. "...As of April 1989, 35 states and the District of Columbia faced court orders and/or consent decrees that related to prison crowding or the conditions caused by prison crowding at one or more of their facilities. Eight of these states faced court orders or consent decrees dealing with crowding in their entire correctional systems." Prison Crowding Issues Facing the Nation's Prison System Briefing Report to Congressional Requesters General Accounting Office, November 2, 1989 (29)

6 A Rand Corporation study reportedly noted that these young sellers, many of them with expensive drug habits had a 7% risk of serious injury, and a 1.4 % chance of death, a fatality rate 100 times that of the rest of the work force. Money from Crime: The Economics of Drug Dealing in Washington (Hereafter The "Rand Study"); and"Narcotics Trade is Called Lucrative for Poor Blacks in Nation's Capital" The Newark Star Ledger, JULY 11, 1990.

7 "Impact of the Human Immunodefinciency Virus Epidemic on Mortality in Women of Reproductive Age, United States," Chu, Susan Y., PhD; Buehler, James W. MD; Berkelman, Ruth L., MD., Journal of the American Medical Association (JAMA), Vol 264, No 2, July 11, 1990, (227) (Hereafter, Women AIDS Mortality.)

8 Women AIDS Mortality, ( 226). Sharp regional disparities were also noted in the study including a difference between the Northeast and the Midwest where there were several states with no AIDS deaths at all among women. However, care should be taken in concluding that these latter areas will remain immune indefinitely. Dr. Don Des Jarlais of the New York State Division of Substance Abuse Services, notes that HIV-1 seroprevalence rates among IV drug users remain small for 3 to 4 years after the introduction of the virus into IV drug using groups. He cautions that cities which have yet to experience significant indications of HIV-1 and AIDS may still be in "introduction or initial-spread phase(s1". HIV-1 Infection Among Intravenous Drug Users in Manhattan, New York City, From 1977 Through 1987. Des Jarlais et al, JAMA Vol 261, No 7 February 17, 1989, (1010), (Hereafter Des Jarlais)

9 Women AIDS Mortality, (229).

10 Women AIDS Mortality, (229).

11 Women AIDS Mortality, (225).

12 William Bennett, director of the ONDCP asserts "...that there is a genuine national conversation about drugs and drug policy." NDCS (1)

13 "Researchers Call AIDS Leading Killer of Black Womffn in Jersey and N.Y." Newark Star Ledger July 11, 1990, Leusner, Donna. (Hereafter Killer of Black Women)

14 "Street level law enforcement" strategists invite cynicism. Charles Butler, in charge of drug prosecutions for the Delaware Attorney General's office says, "In Delaware, you're just as likely to put away a $20 seller for three years as someone carrying an ounce after a one - year investigation. ..So you get the same bang for the buck. Your stats look better if you're working off a grant, and it doesn't take a whole lot of brains to do it." "Little Fish"

15 "Drug Policy Debate Turns to Feud Between Moynihan and Bennett" New York Times, June 18, 1990, Pear, Robert.

16 House Select Committee on Narcotics Abuse and Control Hearings on "Legalization of Illicit Drugs: Impact and Feasibility" (5). Committee Chairman Rangel shared Stark's view, "Well I would say before they start talking about about decriminalzation and legalization, should they not say that we have failed to have one Federal rehabilitation program? These are the things that some of us are fighting for to get our government and our states and cities involved in sound rehabilitation programs. Some would say we have to do more in education. Well they have allowed this administration and this Congress to get away with "Zero Tolerance" slogans, "Just say no" slogans, or "Kick them out of School" slogans." Convening remarks (2) [Page numbers refer to the record of Committee proceedings September 29, 1988, hereafter Select Narcotics Committee Legalization Hearings]

17 See opening testimony Congresswoman Cardiss Collins (D-IL) Select Committee Narcotics Legalization Hearing (11)

18 James Ostrowski lucidly argues that drug prohibition begets violence and fosters the black market. He maintains that legalization of drugs would greatly reduce both the market and the violence. He does not however, address the significant difference in behavior between users of marijuana and opiates on one hand and cocaine on the other. Ostrowski, Legalization.

19 "There is good evidence that legalization would not result in any significant increased use of drugs and, further, if any increase did occur, it would be short run." Mutual Concerns, Different Solutions, Fiedler, Donald, & Zeese, Kevin, Champion, July 1990.

20 Mauer notes that the number of Black males subject to the criminal justice system (609,690) exceeds the number of Black males of all ages in college (436,000). The consequences for the entire Black community of simultaneous increases in incarceration rates and decreases in college attendance rates needs to be fully explored. Mauer notes a 7% decline in Black male college attendance '76 - '86. ( Young Black Men 4 n.7). A Black educator contrasts an 8% decline in Black college attendance for part of this period with a 6% increase for whites, a 23% increase for Hispanics, and an 87% increase for Asians. See Factors Contributing to the Decline of Black Undergraduate Enrollment at Rutgers, the State University OF New Jersey 1981-1985, Bowles, Deborah Brown , unpublished doctoral thesis 1987 (21 -22). According to New York psychologist, Dr. Jacqueline Fleming, author of Blacks in College "People don't seem to see the connection between [the drop in Black male college enrollment] and the large cadre of single women, female-headed households, crime and drugs.", "Institutional Concern about Implications of Black Male Crisis Questioned by Scholars," Black Issues in Higher Education, Wiley, E. III, JULY 5, 1990, Vol. 7 No. 9. (1)

21 The Rand Study concluded that a young, poorly educated Black man can earn approximately $2000 per month tax free selling drugs on the streets of Washington DC. This is roughly $30 per hour or four times his anticipated income without the sale of drugs.

22 The same article quoted a local Black housing official as saying "we are witnessing self-genocide taking place." "In Danger"

23 See report "Conference seen as Catalyst for Change in Plight of Black Males", Black Issues in Higher Education, Wiley, E. III, August 2, 1990 Vol 7 No 11. (1)

24 "Killer of Black Women", Newark Star Ledger, July 11, 1990 and "AIDS Gains as Cause of Death Among Women" Cincinnati Post, July 11, 1990.