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But the thing that I remember most about our first meeting was the discussion about marijuana and the changing attitudes about its use and regulation. We speculated about why there hadn’t been appreciable movement toward legalizing recreational cannabis in the southern portion of the United States. At the start of 2016, weed was legal for adult use in four states: Alaska, Colorado, Oregon, and Washington. By the end of that year, four more states had legalized the drug: California, Maine, Massachusetts, and Nevada. None of these states had a black population as high as the national average of 12 percent. By contrast, the proportion of black citizens living in many southern states is larger than the national average, and cops in these regions routinely cite the smell of cannabis as justification for stopping, searching, or detaining black people. Judge Schneider speculated that the law-enforcement community and their supporters would vigorously oppose any legislation seeking to liberalize cannabis laws because they were acutely aware that claiming to detect the weed’s odor is one of the easiest ways for officers to establish probable cause, and judges almost never question the testimony of cops. What’s worse, there have been countless cases during which officers cited the fictitious dangers posed by cannabis to justify their deadly actions. On July 6, 2016, in St. Anthony, Minnesota, officer Jeronimo Yanez shot and killed Philando Castile, a defenseless black motorist, as his girlfriend and young daughter watched helplessly. Castile informed the officer that he had a firearm on him, for which he had a permit. But within a matter of seconds, Yanez had fired seven slugs into Castile for no apparent reason. The smell of weed, Yanez claimed, constituted an apparent imminent danger. He was acquitted of manslaughter.
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Carl L. Hart (Drug Use for Grown-Ups: Chasing Liberty in the Land of Fear)