Despite good intentions, ban on menthol may have ugly consequences

By Jessica Smith-Petersen

Sunday, Dec. 3, 2023 | 2 a.m.

As a chief deputy public defender in Clark County, I have witnessed countless times how well-meaning laws have inadvertently imposed a disproportionate burden on communities of color, ushering in heightened law enforcement presence and subsequent legal entanglements. 

As a Black woman, lawyer and devoted mother, I find it imperative to voice my concerns about the potential unforeseen legal consequences of the proposed ban on menthol cigarettes, the choice for 81% of Black smokers, according to the Centers for Disease Control and Prevention.

The menthol ban may have good intentions, but does it solve a problem? The reality is that African American smoking is at a historic low at 12.4% less than whites, who are at 13.4% — despite differences in cigarette preferences. It is imperative to remember that nicotine addiction pertains to public health rather than criminal behavior. Policies ought to pivot toward knowledge dissemination and rehabilitation, rather than punitive measures.

Bans don’t make smokers quit; instead they might pave the way for an illicit market, potentially culminating in escalated law enforcement interactions, subsequent arrests and criminal charges. This is not a “what if” scenario; we saw it already happen with Eric Garner, who was killed in New York by police enforcing cigarette regulations.

I am not an expert on public health, but as a member of a marginalized demographic within the criminal justice system and as a servant of the law, I can already see how the menthol ban would disproportionately affect African Americans, Hispanics and other marginalized communities.

I bear witness daily to the enduring repercussions of criminalization on individuals and their families, including for addictions and substance abuse issues. I believe an emphasis should be focused on policies fostering well-being and safety, devoid of accentuating pre-existing disparities within our judicial system. The proposed prohibition of menthol products, while stemming from good intentions, might be an ill-directed endeavor. 

Jessica Smith-Petersen is a chief deputy public defender in Clark County.

This post was originally published on this site