The Effect of The Legalization of Cannabis on Arrest Rates in Washington, D.C.

Abstract

Prior research has found that the legalization of medical and recreational cannabis can contribute to shifts in crime. Very few studies have examined the impact of legalization on racial disparities in arrests. Furthermore, extant findings may be influenced by the characteristics of state and local policies, institutional histories, and the demographics of the areas. This study uses publicly available administrative data on adult arrest rates in Washington, D.C. to measure the change in arrest disparities after legalization. Washington is unique from areas previously studied in its history of racialized policing and residential segregation, as well as a unique form of commercial cannabis legalization that allows cannabis possession but prohibits sales. Using the Theory of Planned Behavior as a theoretical framework, I argue that police use of discretion is influenced by policy change but is subject to personal attitudes on crime and societal norms that are slower to change than policy. The net effect of these forces is a shift in arrest rates and racial disparities following the legalization of cannabis. The findings show that increases in public disorder arrests and public cannabis consumption partially replace possession arrests that no longer occur following the legalization of cannabis. Prior to legalization, arrests of white civilians were relatively rare. After legalization, racial disparities in drug-related offenses fell, but the rate of Black arrests remained higher than non-Black arrests. The shift in arresting patterns is consistent with hypotheses that police may shift focus to both offenses that are related to cannabis consumption and to other forms of crime when cannabis possession is legalized. Among these substitute activities, differences in arrest rates by race persist.