Opinion: A Menthol Cigarette Ban Risks Exacerbating Racial Inequities

The following article is an opinion piece and reflects the views of only the author and not those of TheGeorgiaVirtue.com

By: Layton Smith, Democratic Party Precinct Organizer


The Biden administration has been compellingly vocal when it comes to addressing a variety of progressive issues while facing criticism from both parties. This tenacity has sparked many different conversations like the ones around marijuana decriminalization, how to best prevent kids from entering the criminal justice system, or the importance of maintaining a clean record for employment. All of which are disproportionate concerns in minority communities.

While marijuana decriminalization is debated at the federal level and individual states continue to put the issue on the ballot, the administration has now fixated on banning menthol cigarettes. However, the contradiction and potential ramifications of a federal menthol ban may be largely misunderstood, especially when you consider the potential outcomes from 85% of African American smokers who prefer menthol cigarettes versus the 34% of white smokers.

The top criminal justice experts argue this type of ban could strain race relations without a significant public health benefit. Quitting smoking is a good thing, but a ban on a product that is predominantly used by the Black community risks increasing disproportionate encounters with law enforcement and criminal charges.

Many civil rights advocates and organizations such as the American Civil Liberties Union, the National Organization of Black Law Enforcement Executives, and the National Action Network have echoed these same concerns. They recognize that a menthol ban could exacerbate existing criminal justice system issues and advise extreme caution against the influence of special interest groups pushing for this type of ban. Despite the seemingly good intentions, a ban like this could worsen policing disparities in communities of color, without any such improvement in health outcomes. It could enable the criminal justice system to unfairly criminalize the choice to smoke for many Black adult citizens.

President Biden’s administration has been effective in prioritizing the expansion of healthcare access as well as reforming areas within the criminal justice system. Amid a contentious election year, the administration needs to continue leveraging these racial gains. Instead of focusing on menthol users, there are many smoking cessation programs that would benefit all smokers without the unintended consequences resulting from over-policing the choices of Black Americans.

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