When well-intentioned policies amplify over-policing 

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As the Food and Drug Administration gears up to potentially ban menthol cigarettes, it’s crucial that we pause and consider the broader ramifications of such a decision. Although well-intentioned, this policy change could have consequences far beyond public health that can seriously harm minority communities.

The proposed ban disproportionately impacts Black and other communities of color, as raised by the American Civil Liberties Union and a coalition of impacted groups, concerns me, as well. Prohibitive policies, however, rooted in genuine concern for public health, can inadvertently perpetuate systemic injustices. Civil rights leaders such as Rev. Al Sharpton, and members of the Congressional Black Caucus, have also spoken up about the potential of unintended over-policing.

As our nation grapples with the realities of police violence and racial profiling, it’s essential that we approach policymaking with tremendous caution. Too often, we’ve seen instances of minor offenses spiral into tragedy. Daunte Wright, George Floyd, and Eric Garner – their names are seared into our collective conscience, reminding us of the potential risks that lie in trivial transgressions. While it’s tempting to believe that a ban on menthol cigarettes would purely impact public health, the broader social implications must also be considered as they would have a long-term impact on my community.

As a school board member, I am cautious of policies that add to the school-to-prison pipeline. Enforcing such a ban would require interactions between law enforcement and citizens which could lead to unjustified violence, particularly in communities of color. It’s worth considering whether the benefits of a menthol ban will outweigh the potential pitfalls as criminal justice organizations have warned.

Moreover, if history has taught us anything, it’s that prohibition rarely works as intended. When alcohol was prohibited in the 1920s, it did not deter people from drinking; instead, it birthed a thriving underground market and fueled the rise of organized crime. Similarly, a ban on menthol cigarettes could give rise to an illicit market, and with that comes not just economic implications but also increased police encounters, arrests and the inevitable racial profiling.

The recently released 2023 National Youth Tobacco Survey shows just how pervasive this illicit market has become. For the first time, the top two products most popular among teens are illegal disposable e-cigarettes. And, as a school board member, I have seen firsthand the position this policy failure has put students, families and educators in with unauthorized products shaped as school supplies.

Public health is a top priority of mine as a graduate of the global health program at Arizona State University. Yet, as lawmakers, it’s our duty to balance those concerns with the broader societal effects of our policies. It’s not just about banning a potentially harmful product; it’s about understanding the myriad ways that decision ripples through our communities. The Biden administration’s focus on health is commendable, but it must also prioritize harm reduction strategies that don’t inadvertently magnify racial disparities.

Focusing on comprehensive harm reduction and education strategies would be more effective and just. By informing citizens of the risks and offering support for those who want to quit, we respect individual autonomy while also promoting public health.

While the intent behind the FDA’s move is admirable, its potential unintended consequences are worrying. Before forging ahead, we must consider whether we are ready to risk further widening the racial divide in our criminal justice system. We also need to assess our preparedness for potential escalations over minor offenses.

As a state lawmaker and member of the Democratic Party, I firmly believe in policies that promote the well-being of all our citizens. Still, we must be cautious, ensuring our actions don’t inadvertently perpetuate the very disparities we seek to dismantle.

Consuelo Hernandez of Tucson is an Arizona State Representative and Sunnyside Unified School District Governing Board member.