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Criminalizing Menthol Cigarettes the Wrong Move To Make

As a person with a vested stake in the upliftment and empowerment of the Black community and a history of working closely with youth, I feel an obligation to address the proposed FDA menthol ban and its potential negative impacts on our community. While public health concerns regarding menthol cigarettes are valid, the ban’s unintended consequences cannot be overlooked, especially concerning its disproportionate effects on Black Americans.

Menthol cigarettes have a long, complicated and deliberate history within the Black community. It’s essential to recognize that their prohibition would disproportionately impact us. Despite the health disparities that it would attempt to ease, the ban would inadvertently criminalize a product overwhelmingly used within the Black community.

A federal ban on menthols might spur current smokers into successfully quitting.

Generally, the desire to quit is high among the Black community; but they have a harder time stopping smoking due to limited access to smoking cessation programs, fewer no-smoking mandates in public places, high community rates of smoking, higher stress levels and the plethora of advertisements that target Black communities.

There’s some research that suggests menthols are also just harder to quit due to the physical and psychological effects provided by the flavoring. This will create a slippery slope that would almost certainly lead to heightened interactions with law enforcement, which may inadvertently escalate situations and lead to undesired outcomes.

The comparison to the failed war on drugs is crucial.

The war on drugs, with its emphasis on criminalization and punitive measures, has wreaked havoc on the Black community for decades.

We’ve witnessed generations of families torn apart by unjust and targeted incarcerations, perpetuating cycles of poverty and instability. Much like we are seeing with the opioid crisis and its effect on the poor and middle class White community. Instead of repeating history, we should learn from it and advocate for harm reduction strategies.

Prohibition rarely works as intended, and it can have far-reaching negative consequences. History has taught us that when a substance is banned outright, an underground market emerges. These markets are usually created and cultivated by predatory individuals or groups outside of those communities who see an already disenfranchised demographic as an easy victim. These markets fuel illicit activities and expose communities to additional risks.

We should focus on harm reduction approaches that address the root causes of addiction and promote education, treatment, and support.

Rather than criminalizing menthol cigarettes, we should prioritize public health campaigns and focused educational efforts to inform those the young and impressionable within Black and other disenfranchised communities about the risks associated with tobacco use. Such an approach empowers individuals to make informed choices about their health while avoiding the pitfalls of excessive policing and criminalization.

Ron Scott Jr. is program director for Cultural Diversity and Community Outreach at the Wheeling YMCA.

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