CRIME & COURTS

Iowa ranks 2nd-worst in racial disparities for drug arrests

Kathy A. Bolten
kbolten@dmreg.com

Editor's Note: This article has been revised to include the correct percentage of African-Americans in Iowa. It also was 

 modified Oct. 20 to add the clarification that the disparity is occurring even though studies show the two groups use illicit drugs at the same rate.

 

Black Iowans are seven times more likely to be arrested for drug possession than white Iowans even though studies show that the two groups use illicit drugs at the same rate, according to a report issued Wednesday by the ACLU/Human Rights Watch. The rate of disparity is the second-worst in the nation.

Nationally, black Americans are more than 2½ times likely than white Americans to be arrested for drug possession, according to the report. Montana had the greatest disparity, with black people nearly eight times as likely to be arrested.

Justice

The report’s findings are not surprising, said Betty Andrews, president of the Iowa-Nebraska NAACP State Area Conferences of Branches.

“This is one more piece of evidence that Iowa has serious issues around disparate treatment of African-Americans and other minorities,” she said. “I and many others are justifiably upset with this situation.”

The black arrest rate in Iowa and elsewhere is not a new issue. A 2013 study by the American Civil Liberties Union showed that black Iowans were about eight times more likely to be arrested for possession of a small amount of marijuana than white Iowans, a disparity that was the worst in the nation.

FULL COVERAGE: Black Iowa — Still Unequal?

In 2014, an analysis of arrest records by USA TODAY and The Des Moines Register found that law enforcement agencies in dozens of Iowa communities and counties arrested black people at rates up to nearly 10 times that for other groups. That trend mirrored national findings.

Wednesday's report found that in 2014 more than 1 million drug possession arrests were made in the U.S.; in Iowa, 7.7 percent of arrests — or just over 8,000 — were for drug possession.

The ACLU/Human Rights Watch report called on the state Legislature to make drug possession a misdemeanor or ticketable offense, regardless of the quantity or weight of drugs found on a suspect or the number of previous convictions a suspect has had for the offense.

Blacks hit hard by Iowa's mandatory sentences

In addition, the groups want those convicted of a drug possession charge to face no prison time.

Currently in Iowa, most first-time drug-possession offenders are charged with a serious misdemeanor that carries a sentence of up to one year in prison and fines of nearly $2,000. Repeat offenders face stiffer penalties.

Iowa has taken at least one step in reducing the number of people incarcerated for non-violent drug offenses. A law that went into effect on July 1 allows the Iowa Board of Parole to consider early release for nearly 1,000 nonviolent drug offenders who have served at least half of their mandatory minimum sentences. About 120 offenders who would qualify for early release are black, according to a state report.

Currently, about 1,600 Iowa prison inmates are serving time for drug-related offenses. Nearly 27 percent are black, according to Iowa Department of Corrections data. About 4 percent of Iowans are black.

Iowa Rep. Mary Wolfe, D-Clinton, said she would welcome a review of Iowa laws on drug possession and delivery. She said there is some bipartisan legislative support to look at the issue in 2017.

2 bottles of Fireball, 2 punches, 10 years in prison

“I do think when you look at simple possession of drugs, the penalties need to be reduced,” said Wolfe, who had not read Wednesday’s report. “I am not in favor of using limited resources and taxpayer money on locking up people whose only issue is addiction to drugs.”

The ACLU of Iowa plans to push for legislative changes that its members believe cause disparities in the state’s criminal justice system, a spokeswoman said. In addition, the group wants a constitutional amendment that would allow Iowans with felony convictions to vote.

Iowa is one of three states that prohibits felons from voting; some of those felons are repeat drug possession offenders, said Rita Bettis, the legal director for ACLU of Iowa.