DuPage Marijuana Arrest Disparity Hurts Blacks: ACLU

ELMHURST, IL — Throughout the United States, black people are more likely to be arrested for marijuana possession than whites, despite similar usage rates, according to an ACLU study released last month. In DuPage County, black people are 10.5 times more likely to be arrested for such crimes.

Statewide, African Americans are 7.5 times more likely to be arrested for marijuana possession, the third highest racial disparity among the states, according to the American Civil Liberties Union. Only Montana and Kentucky have higher rates. Nationwide, blacks are 3.6 times more likely to be arrested for marijuana possession than whites.

In Illinois, recreational marijuana was decriminalized in 2016 and legalized in 2019.

Paul Darrah, a spokesman for the DuPage County State's Attorney's Office, said his office could not comment on a study conducted by another party.

"What I can tell you is that a person's race, religion, sexual orientation, etc. are never a factor in any case when we make a charging decision," Darrah said in an email. "Our charging decisions are based on the facts and the law. There is one Criminal Code in Illinois and the DuPage County State's Attorney's Office applies that code evenly in every case."

In 2018, blacks were arrested for marijuana possession at a rate of 158 per 100,000 blacks in DuPage County, according to the ACLU. By comparison, the rate was 15 per 100,000 for whites, the study said.

The ACLU cited statistics from a U.S. Department of Health and Human Services to demonstrate that marijuana usage rates among blacks and whites were similar nationwide. According to 2018 figures, 17.8 percent of blacks used marijuana in the last year, compared with 16.5 percent of whites.