Racial Disparities in Drug Offenders
Racial Disparities in Drug Offenders
Author manuscript
J Drug Issues. Author manuscript; available in PMC 2018 January 01.
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Abstract
Despite knowledge of racial bias for drug-related criminal justice involvement and its collateral
consequences, we know less about differences between Black and White drug offenders. We
compare 243 Blacks and White non-violent drug offenders in New Haven, CT for demographic
characteristics, substance use, and re-entry services accessed. Blacks were significantly more
likely to have sales and possession charges, significantly more likely to prefer marijuana, a less
addictive drug, and significantly less likely to report having severe drug problems. For both races,
drug treatment was the most common service accessed through supervision. These comparisons
suggest different reasons for committing drug-related crimes and thus, different reentry
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programming needs. While drug treatment is critical for all who need it, for racial justice, we must
also intervene to address other needs of offenders, such as poverty alleviation and employment
opportunities.
Keywords
race difference; drug of choice; drug offense; drug treatment; reentry
Introduction
The overwhelming increase in incarceration, attributed to the drug war, has
disproportionately impacted Black communities. In 2011, Blacks were incarcerated at a
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dramatically higher rate than Whites (5–7 times) and accounted for almost half of all
prisoners incarcerated with a sentence of more than one year for a drug-related offense
(Carson and Sabol 2012). Accordingly, researchers and policy analysts have sought to
understand both the causes and effects of the nation’s war on drugs and its implications for
Authors’ Note
The funders played no role in the collection, analysis, or interpretation of data. The content is solely the responsibility of the authors
and does not necessarily represent the official views of the National Institute on Drug Abuse or the National Institutes of Health.
Declaration of Conflicting Interests
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Rosenberg et al. Page 2
racial equality (Ghandoosh 2015; Travis, Western, & Redburn 2014; Alexander, 2012;
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Drucker 2013; Mauer 2006). They have explored racial bias in the criminal justice system
and criminal justice outcomes, including police practices, arrest rates, convictions, sentence
lengths, diversionary opportunities, and community supervision; judicial policies and laws
such as precedent-setting court cases and mandatory minimum sentences; and media trends
and their influence on public opinion. This literature demonstrates greater likelihood of
Black involvement in the criminal justice system through policing practices and sentencing
policies for drug-related crime, differences in sentencing practices and case processing, and
the heightened disadvantage Blacks face once they are removed from their communities, and
upon return, as labeled felons and drug offenders.
While a decades-long war on drugs has ravaged Black communities, lately attention has
turned to the recent surge in heroin and painkiller use and overdose among Whites,
particularly those in suburbs. Local police and state governments are alarmed and are
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working to address the epidemic as a health issue, reexamining criminal justice policies and
the decades-long emphasis on punishment (Seelye 2016). Many are advocating for the return
of the rehabilitative role in judicial and correctional efforts as it relates to drug-related
offenders (National Institute on Drug Abuse 2014). The Comprehensive and Addiction
Recovery Act of 2015 will be considered by Congress to help states address the dramatic
increases in prescription opioid and heroin use in the United States through prevention and
rehabilitation efforts. The response to the current opioid epidemic, a public health crisis with
a “white face,” has been contrasted to the crack epidemic that hit Black communities hard in
the 90s and was met with war tactics in affected communities rather than compassion for
offenders (Yankah 2016). Such contrasting policy responses have prompted some to raise the
question of racially biased motivations and their implications (Mauer 2016). We need race-
specific research that is sensitive to differences among offenders in their drug trade
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involvement to understand the impact of our criminal justice policies. To ensure that policies
do not reflect racial bias and continue to perpetuate race-biased outcomes, it is important to
consider the demographic, drug use, and service need differences between Black and White
drug offenders.
With this analysis we contribute to the dialogue on racial bias in the criminal justice system
by comparing characteristics of Blacks and Whites convicted of a non-violent drug offense
in New Haven, CT. Specifically, we describe racial differences in the characteristics of
offenders, charge, drug of choice, severity of drug problem, and reentry opportunities that
were mandated or referred by probation or parole, and consider their implications for
criminal justice reforms.
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Methods
Study overview
Data for this analysis comes from a larger study, Structures, Health And Risk among
Reentrants, Probationers and Partners (SHARRPP) that aims to analyze whether movement
between the criminal justice system and the community is associated with Black/White
disparities in HIV-related sexual risk. Non-violent drug offenders (N=302) in New Haven,
CT were eligible for the parent study if they were over 18, and released from prison or
placed on probation within one year of screening (conducted from July 2010 through
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February 2011) for a non-violent drug-related charge. We verified their charges with the
Department of Corrections (DOC) or Court Support Services Division (CSSD). When the
charge was not for a violent crime, but not obviously related to drugs (e.g. not a charge
related to possession or sales of drugs), participants were asked if the crime was committed
in order to buy drugs, if the crime was committed while high, or if the crime was drug-
related in some other way and then were asked to give an explanation.
After eligibility was established, research staff explained to participants the study’s purpose,
procedures, risks, and benefits, as well as measures taken to protect the confidentiality of
subjects, as detailed in the informed consent form. If participants were still interested in and
willing to participate, they signed the consent form and then took a computer-based
structured survey of about 90 minutes in length that included questions on family history,
criminal justice history, and history of housing, employment, drug use, sexual activities, and
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health problems. Participants were paid US$40 in compensation. Four rounds of follow up
interviews were conducted at 6-month intervals, although for this paper, we rely only on
baseline data. The study protocol was approved by IRBs at both Yale University and
American University.
Sample
Because the primary aim of this paper is to focus on differences between Blacks and Whites
in the crimes they are charged with, drug-use profiles, and services they access, this analysis
is restricted to the 243 participants who self-identified as Black (n=146, 60%) or White (n=
97, 40%).
Measures
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For the variable on the most recent charge, we utilized information received about most
recent charge from the DOC or CSSD during eligibility confirmation. If there was more than
one charge for the most recent arrest, we used the controlling, or main charge, as defined by
DOC or CSSD. Any charge related to possession (i.e., possession of narcotics) was coded as
‘1’. Any charge related to sales (i.e., sale of controlled substance) was coded as ‘2’. Any
charge that was not sales or possession, but related to drugs in some other way (e.g., larceny
in order to obtain drugs, violation of probation on a previous drug-related charge) was coded
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as ‘3’.
We used the dates of entry and release received from the DOC to calculate the length of the
most recent criminal justice experience. If this value was missing for a participant, we used
participant’s self-reported dates from the baseline survey. All participants who entered the
study via probation received a ‘0’.
Drug-use variables—Drug of choice was assessed through the survey question: “Now we
would like to ask you about your drug of choice. This is the substance that you would most
likely pick up if you were using. It is probably the substance that you have used most in your
lifetime. What would you consider to be your drug of choice?” Participants were then asked
to identify their drug of choice from an extensive list of options.
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To assess whether participants had used drugs in the six months prior to the most recent
criminal justice event, they were asked, “Did you use any of the following drugs in the 6
months before [your most recent incarceration/you were placed on probation]? Participants
who had used any of the drugs listed were coded as a ‘1’ and those who had not used any
drugs were coded as a ‘0’.
Self-reported drug problem was assessed by the question, “In the 30 days before [your most
recent incarceration/you were placed on probation] how many days did you experience drug
problems? By drug problems we mean craving, withdrawal symptoms, disturbing effects of
use, or wanting to stop and being unable to.” We reported on the number of participants that
reported 0 days, at least one day, and all 30 days, as well as average number of days
experiencing a drug problem in the 30 days before the most recent criminal justice event.
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We measured self-reported drug sales with the question, “Have you ever sold drugs?”
Participants who responded yes were coded as a ‘1’ and those that said no were coded as a
‘0’. Lifetime drug treatment experience was measured by the question, “Have you ever been
in any of the following drug treatment programs? Participants were then asked to select from
an exhaustive list of drug treatment programs. Those who had participated in at least one
program were coded as ‘1’, and those who had not received a ‘0’.
Education (adult education, G.E.D., college), Mental Health Services, Bus passes,
Government benefits (SAGA, food stamps, or welfare, etc), Social service organization/case
manager, Access to Recovery (ATR), Other, No, PO never helped me to access these
services.
Analysis
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We used chi-square and t-tests to describe the differences across Blacks and Whites in terms
of demographics, drug use and services accessed while involved in the criminal justice
system. We used multinomial logistic regression techniques to estimate whether race was
associated with the likelihood of having a particular drug-related charge, using “other
charge” as the referent group. SAS (version 9.4, SAS Institute Inc., Cary, NC) was used for
all analyses.
Results
As seen in Table 1, we found significant differences between Blacks and Whites for the
following sociodemographic characteristics: gender, number of children, education, and
homelessness. More Blacks were male, and Blacks had more children on average than
Whites. Whites were more likely to have at least their high school diploma or general
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education development (GED) equivalency, but were also more likely to report ever having
been homeless.
There were also substantial race differences in criminal justice histories. As seen in Table 1,
Blacks were convicted significantly fewer times than Whites (8.43 vs 11.29 times), but they
had significantly more sentences resulting in incarceration than Whites (9.09 vs 6.15) and
significantly longer last sentences than Whites (1.74 vs .71 years). As seen in Table 2, the
charge for the most recent incarceration differed significantly by race. Blacks were more
frequently charged with drug sales or possession than Whites (27% vs 4%; 20% vs 16%,
respectively). Whites had more charges indirectly related to drugs, such as committing a
crime in order to buy drugs, or being high while committing a crime (80% vs. 53%). Further,
as seen in Table 3, Blacks were 2.2 times (95% OR: 1.07–4.55) more likely than Whites to
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have a possession charge as compared to an “other” charge even after adjusting for other
sociodemographic factors. Similarly, Blacks were 8.24 times more likely than Whites to
have a sales charge as compared to an “other” charge, after adjusting for other
sociodemographic factors (95% OR: 2.73–24.90). Finally, while Blacks were significantly
more likely than Whites to have been arrested most recently for drug sales, we found no
statistical race difference in self-reports of ever having sold drugs (79% of Blacks vs. 70% of
Whites).
Because addressing drug abuse is a key component of rehabilitative initiatives for offenders,
yet drugs vary widely in addictiveness and effect, it is important to understand drug of
choice among drug offenders. In our sample, drug of choice differed significantly by race (p
<.0001) (see Table 4). Blacks were significantly more likely to prefer marijuana (49%) while
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Whites were more likely to prefer heroin (52%). Crack was the second most likely single
drug of choice for both racial groups (28% of Blacks and 13% of Whites).
Further, we see differences in Black and White self-report of drug use, severity of drug
problem, and drug treatment (see Table 5). Blacks and Whites report similar rates of any
drug use in the six months before their most recent criminal justice event (90% of Blacks
and 89% of Whites). However, self-report of having a drug problem in the month prior to
incarceration or placement on probation differed significantly by race (p<.0002). Thirty-
seven percent of Blacks and 13% of Whites reported experiencing no drug problems in the
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month before their most recent criminal justice event. Twenty percent of Blacks and 51% of
Whites reported experiencing a drug problem all thirty days in the month before the most
recent criminal justice event. On average, Whites experienced drug problems on 19 (SD=12)
of the 30 days while Blacks experienced drug problems on 9 (SD= 12). Finally, the majority
of both Blacks (80%) and Whites (94%) report having ever been in drug treatment, though
significantly more Whites report being in in drug treatment at some point in their life (p<.
004).
A sizeable share of both Blacks (19%) and Whites (25%) reported that a probation or parole
officer has never helped them access services. Among those who had been helped,
participants described a wide range of services that probation or parole officers helped them
access (See Table 6). Of these, outpatient and inpatient drug treatment were the most
common, with half of Blacks and Whites indicating that probation or parole officers had
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helped them access outpatient drug treatment, and approximately one-third of Blacks and
Whites reporting they had help in accessing inpatient drug treatment. It is notable that while
more Whites reported ever having been in drug treatment, roughly equal percentages of
Blacks and Whites report accessing this service through their probation or parole officer. We
found significant differences between Blacks and Whites for the categories of job training,
education, and government benefits, with Blacks accessing these services through their
probation or parole officer more often.
Discussion
These findings point to differences between Blacks and Whites in a non-violent drug
offender population in New Haven, CT. These differences, in turn, have important
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youth programming, and effective job generation, training and placement should be an
important part of efforts to address crime prevention and recidivism.
Second, Blacks were more likely to be charged with possession and sales, while Whites
were more likely to be charged for illegal activity related to drug use, such as stealing to
support their drug habit. Yet, Whites and Blacks in our study both reported the same degree
of drug sales. Drug sales may be more visible in inner city, overcrowded Black
neighborhoods where they are more likely to take place outdoors (Stark 1987). Recent
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research in the ecology of crime has focused our attention away from individual
characteristics and social capital within neighborhoods to the characteristics of
neighborhoods themselves, such as the activity level on streets (Browning and Jackson
2013). The widespread and well known over-policing of Black neighborhoods during the
war on drugs (Cooper 2015, Goffman 2014, Rios 2011) can further stigmatize and
disillusion those in contact with police, and lead to more law-breaking (Wiley, Slocum, and
Esbensen 2013) and punishments beyond their sentences. For example, with regard to the
latter, to the extent that Blacks in our study were more likely to be incarcerated on charges
explicitly labeled as drug-related, Blacks would also be more likely to suffer the collateral
consequences specifically associated with drug charges, such as exclusion from certain
forms of financial aid, housing benefits, and job screening scrutiny (Drucker 2013).
Third, Blacks in our study reported preferring marijuana to harder drugs, and having less
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serious drug problems. Though almost equal percentages of Blacks and Whites in our study
reported using drugs in the thirty days before their most recent criminal justice event, Blacks
reported experiencing significantly fewer drug problems. The latter could be due to the way
in which we defined drug problem: craving, withdrawal symptoms, disturbing effects of use,
or wanting but being unable to stop. To the extent that marijuana does not cause the same
withdrawal symptoms or disturbing effects that heroin or cocaine causes but can still be
abused, problems related to marijuana use may not have been reported, a potential weakness
of the study. Alternatively, lower self-reported drug problems in the 30 days prior to
participants’ most recent criminal justice event could be related to increased criminal justice
involvement for Blacks during those 30 days in the form of incarceration, probation, or
parole, which may lessen their ability to use drugs. We were unable to control for criminal
justice involvement in the 30 days prior to most recent criminal justice event, as we did not
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ask participants about this in the survey. However, the finding may point to real differences
in use and severity of drug problem, and thus real differences in the need for and subsequent
fit of drug treatment. Research suggests that in general, the community supervision system is
blind to drug type and severity when offering drug treatment programs, which may account
for why program success is less common for marijuana users mandated by probation to
treatment (Taxman & Thanner, 2006). Future research should explore the specific treatment
needs of marijuana users and whether available drug treatment programming reflects
adequate attention to marijuana abuse. As our country turns toward decriminalizing
marijuana in some states, we will also need effective tools for discerning the difference
between abuse and recreational use. Without attention to these issues, racial bias in the
criminal justice system is likely to continue.
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Finally, both Blacks and Whites reported that drug treatment was the service most accessed
through parole and probation officers. Certainly, drug treatment for criminal justice involved
populations is a necessary rehabilitation service, and it is vital for drug offenders to be able
to access drug treatment services through the criminal justice system. However, treatment
needs of Blacks and Whites may differ by drug type and severity of problem. Race-sensitive
research is needed on the types of services offered, client-centered perspectives on such
treatment, and degree of success of treatment, in order to enhance systems of drug treatment
accessed through the criminal justice system. Further, it is critical that our criminal justice
policies acknowledge the overall context of drug offending. The Second Chance Society
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The small sample size of this study and location within a single city are limitations that
caution against the generalizability of findings. More research is needed on differences
between Black and White drug offenders in multiple and diverse locations and with larger
samples. As noted earlier, more explicit questions related to drug problems may have
enhanced our ability to understand the nature of drug use among our study sample. Finally,
further information about criminal justice involvement during the 30 days prior to the most
recent criminal justice event may have helped us to understand differences in reported drug
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problems during this period for Blacks and Whites, but we did not collect this information.
The findings from our study point to the different characteristics of Blacks and Whites
within the criminal justice system and suggest a need to acknowledge these differences in
the provision of services to both populations. It also suggests that as long as there are
distinct penalties and post-incarceration consequences associated with possession and sale of
drugs, there will be disproportionate negative consequences for Blacks. If we don’t
specifically pay attention to race, when race is a fundamental organizing principal of society,
our policies regarding treatment and reentry services will by default guarantee racial
inequality. As Alexander (2012) writes in The New Jim Crow: “….racial caste systems do
not require racial hostility or overt bigotry to thrive. They need only racial indifference, as
Martin Luther King Jr. warned more than forty five years ago.”
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Acknowledgments
The authors would like to thank the study participants for their time and contribution to this project; the Connecticut
Department of Correction and Court Support Services Division for their support in implementing the project; and
Gia Badolato, Justin Morgan, Penelope Schlesinger, and Weihai Zhan for their research assistance.
Funding
The author(s) disclosed receipt of the following financial support for the research, authorship, and/or publication of
this article: The project described was supported by 5R01DA025021 (Principal Investigator [PI]: Blankenship,
Kim) from the National Institute on Drug Abuse (NIDA). Structures, Health And Risk among Reentrants,
Probationers and Partners’ (SHARRPP’s) implementation benefited from services provided by Yale University’s
Center for Interdisciplinary Research on AIDS (National Institute of Mental Health (NIMH) P30MH062294, PI:
Cleary, Paul). This publication also was made possible, in part, by services provided by the District of Columbia
Developmental Center for AIDS Research, an NIH-funded program (P30AI087714), which is supported by the
following NIH Co-Funding and Participating Institutes and Centers: National Institute of Allergy and Infectious
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Disease, National Cancer Institute, National Institute of Child Health and Human Development, National Heart
Lung and Blood Institute, NIDA, NIMH, National Institute on Aging, Fogarty International Center, National
Institute of General Medicine Sciences, National Institute of Diabetes and Digestive and Kidney Diseases, and the
Office of AIDS Research.
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Biographies
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Alana Rosenberg, MPH, is a research associate at the Yale School of Public Health. She
has managed a number of mixed methods research projects at the Yale School of Public
Health and is interested in using research to better understand structural barriers to health
and promote social justice.
Allison K. Groves, PhD, is a research assistant professor at the Dornsife School of Public
Health, Drexel University. She has spent the past 10 years working to improve women’s
reproductive health globally. She uses qualitative and quantitative research methods to better
understand the contextual and interpersonal processes that contribute to women’s risk of
poor reproductive health.
Kim M. Blankenship, PhD, is a professor and the chair of the Department of Sociology; the
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director of Center on Health, Risk and Society at American University; and the director of
Social and Behavioral Sciences Core of the District of Columbia Center for AIDS Research.
Her research and publications focus on social determinants of health and structural
interventions.
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Table 1
High school degree, GED equivalency, or greater 72% (176) 67% 80%* .02
Note. SHARRPP = Structures, Health and Risk among Reentrants, Probationers and Partners; GED = general education development. Bolded p-
values indicate p < .05
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Table 2
Table 3
Multinomial Logistic Regression Assessing Whether Charge is Associated with Race After Adjusting for
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More than HS degree Education or GED equivalency 1.99 (.83–4.78) .12 .67 (.30–1.52) .34
Note. AOR = adjusted odds ratio; CI = confidence interval; HS = high school; GED = general education development. Note: Bolded p-values
indicate p < .05
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Table 4
*
Data missing for 2 participants
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Table 5
Number of Days of Drug Problems in Month Before Most Recent CJE .0002
0 Days of Drug Problems in Month Before Most Recent CJE 37% (49/133) 13% (11/86)
At Least One Day but Less Than 30 Days of Drug Problems in Month Before 43% (57/133) 36% (31/86)
Most Recent CJE
30 Days of Drug Problems in Month Before Most Recent CJE 20% (26/133) 51% (44/86)
Average Number of Days of Drug Problems in Month Before CJE 8.84 (11.61) 19.47 (12.28) .0001
Ever in Drug Treatment 80% (117/146) 94% (89/95) .004
*
Drug problem was defined as craving, withdrawal symptoms, disturbing effects of use, or wanting to stop and being unable to.
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Note: CJE=Criminal Justice Experience. Note: Bolded p-values indicate p < .05
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Table 6
*
Data missing for 15 participants
+
p-values were obtained using chi-square test except for social service organization/case manager which was obtained using Fisher’s exact test.