Back in April, D.C. Mayor Vincent Gray and a number of City Council members received significant press coverage for their arrests during a protest for District voting rights. While all the politicians were released with a slap on the wrist—a $50 fine and no charges filed—there was another similar and lesser-known set of arrests made that day, and the activists targeted have not been so lucky.
The scene of the “crime” was outside of House Majority Leader Eric Cantor’s (R-Va.) ceremonial D.C. office. Activists Antonio Davis, David Goode, and 10 other people were arrested as they protested Republican-proposed cuts to HIV/AIDS funding and District needle exchange programs. But instead of the usual lax treatment for these offenses, Davis and Goode could spend six months in jail.
The prosecution initially offered a “Deferred Prosecution Agreement” in which the activists pledged to stay away from the Canon Office Building, pass three drug tests, and perform 32 hours of community service. If they did this within four months, the charges would be dropped. Davis and Goode failed the drug tests twice, eliminating any legal alternative to a trial.
The HIV-positive activists both have legal prescriptions for medical marijuana to treat pain, control side effects of other drugs, and stimulate appetite, but as the spokesman for the U.S. Attorney for the District said, “The U.S. Attorney’s Office requires defendants to pass drug tests to qualify for diversion.” They have shown no intention to shift their stance.
The case has been transferred twice to different prosecutors, and each time the 12 activists have been ordered to complete the community service hours again. They have all complied. Davis has had to commute each time from his native Philadelphia for five court appearances. He worries the case will jeopardize his career as a paralegal.
“I’ve been prescribed medical marijuana because it’s the only the thing that helps me in my condition,” Davis told the blog DCist. “I do not use marijuana as a substance to get high.” For the time being, Davis has stopped using marijuana, and lost over 20 pounds since he quit—a very serious consequence for an HIV patient. Adding insult to injury, D.C. Pre-Trial Services stopped testing for marijuana in January, but the prosecutor is still pursuing these violations because Davis’ case predates the change.
The double-standard for city officials and less-powerful activists mirrors systemic problems of unequal treatment for disadvantaged populations. It’s not just in this case where the wealthy and powerful get off easy while those with lesser means suffer inflated consequences. Our justice system is full of examples, like mandatory minimum sentencing for crack users while wealthier white cocaine users are treated favorably. False confessions are often extracted from overwhelmingly disadvantaged populations, due to the ineptitude of public defenders and the prohibitively high price of quality attorneys.
This case makes it painfully clear that lawmakers need to iron out differences in state and federal marijuana laws. Davis and Goode both assumed—correctly under state and District law—that they were using the drug legally. They bought from legal domestic sources, had the most legitimate of reasons for their medical permits and clearly presented no harm to society. The easiest thing to do would be to simply decriminalize marijuana usage and save countless man-hours and billions of dollars each year, but the least our public officials can do is show a bit of rationality in their prosecutions and respect not only for the letter, but the spirit of the law.
This is just one example of politically and socially disempowered individuals denied their 14th Amendment right to equal protection under the law, and it points to the fundamental flaws in our legal system. Until we have a justice system that treats our mayors as common citizens, this country will fall short of the ideals upon which it was founded. The way that such an irrational legal process persists in this country shows that it is high time for everyone from students to activists and politicians to take action to fix this broken system, and help revive the true American promises of justice and equality.
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