Tobacco black market is smoking hot in California prisons

By: Associated Press - | Friday, February 16, 2007 8:40 PM PST ∞

LANCASTER -- There's no if, and or butt about it: California's ban on tobacco in prisons has produced a burgeoning black market behind bars, where a pack of smokes can fetch up to $125.

Prison officials who already have their hands full keeping drugs and weapons away from inmates now are spending time tracking down tobacco smugglers, some of them guards and other prison employees. Fights over tobacco have broken out -- at one Northern California prison guards had to use pepper spray to break up a brawl among 30 inmates.

The ban was put in place in July 2005 to improve work conditions and cut rising health care costs among inmates but it also has led to an explosive growth of tobacco trafficking. The combination of potentially big profits and relatively light penalties are driving the surge.

"I've never seen anything like it," said Lt. Kenny Calhoun of the Sierra Conservation Center in Northern California, where officials report cigarette prices of $125 a pack.

Darren Cloyd is nearing the end of his 15-year sentence at California State Prison, Los Angeles County, for second-degree armed robbery. Before the ban he remembers paying about $10 for a can with enough rolling tobacco for dozens of cigarettes. Now one contraband cigarette can cost that much.

"The black market is up here," said Cloyd, 37. "Everyone and their momma smoke."

California has the nation's largest prison population -- 172,000 adult inmates. While many states limit tobacco use in prisons, California is among only a few that ban all tobacco products and require workers as well as inmates to abide by the prohibition when inside the walls.

Still, tobacco finds its way into prisons.

Sometimes, family and friends are able to secretly pass it to inmates during visits. Other times, inmates assigned to work crews off prison grounds arrange for cohorts outside the prison to leave stashes of tobacco at prearranged drop sites, then smuggle it behind bars.

A less-risky method: culling small amounts of tobacco from cigarette butts found along roadsides and other work sites.

At California Correctional Center in Lassen County, officials reported more than 60 tobacco offenses among inmate crews at the institution's work camps in December, Associate Warden Matt Mullin said. The same month, cigarettes triggered a brawl between 30 Hispanic and white inmates on a high-security yard. Follow-up interviews with inmates revealed the dispute was over control of tobacco sales.

At the fortress-like Pelican Bay State Prison, a felon sneaked back on to prison grounds hours after being paroled. He was found with a pillowcase of almost 50 ounces of rolling tobacco -- worth thousands of dollars on the black market. The plan was to throw it over the facility's fence.

"It's almost becoming a better market than drugs," said Devan Hawkes, an anti-gang officer at Pelican Bay. "A lot of people are trying to make money."

And that includes prison workers.

Last year, a corrections officer was put on leave from California State Prison, Solano, for smuggling tobacco. The guard made several hundred dollars a week through tobacco, officials say.

At Folsom State Prison, a cook quit last year after he was caught walking onto prison grounds with several plastic bags filled with rolling tobacco in his jacket. He told authorities he was earning more smuggling tobacco -- upwards of $1,000 a week -- than he did in his day job.

Another Folsom cook made about $300 for each tin of rolling tobacco she brought into the prison, receiving payment through money orders sent by an inmate's relatives. She resigned after being caught in October.

"There's quite a bit of money to be made," said Lt. Tim Wamble, a Solano prison spokesman. "In a department this size you're gonna have people who will succumb to the temptation."

Unlike illegal drugs, which bring harsh penalties when smuggled into prison, punishments for inmates caught with tobacco usually range from just a written warning to extra work duties, no matter the quantity involved.

Prison employees can lose their jobs but there's almost no chance of a criminal prosecution. Unlike states such as Texas -- where providing tobacco to prisoners is a felony -- the California statute considers it a misdemeanor and doesn't lay out specific punishments.

Chuck Alexander, executive vice president of the California Correctional Peace Officers Association, said lawmakers should either roll back the prohibition or add stronger penalties.

"It didn't do anything but make (tobacco) a lucrative business," he said.

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Fratello wrote on Feb 17, 2007 5:59 AM:The tobacco is literally being bought and sold as sealed cans inside the institutions. Yeah, like a friend or family member of an inmate is going to pass through institution security, including highly senstive metal detectors, with a whole can of tobacco hidden somewhere. Plus, inmates returning from visits are comletely strip searched (even have to spread their butt cheeks for a visual inspection by guards) before returning to their cells. And inmate work crews are strip searched (including their anal cavities again) before returning to the inside of the institution. Tobacco is smuggled in by institution staff who can bring in duffle bags without being searched because their union contract protects them. Your story completely missed that obvious fact.

Michael wrote on Feb 17, 2007 9:29 AM:The prison guards bring in the tobacco and the drugs, it is impossible for the families to bring in anything. The guards have lunch pails the size of Volkswagens. Why does CDC put dogs on the desk where the guards check in?

Tate wrote on Feb 17, 2007 12:12 PM:Ditto and ? In order for anything to change it's got to be dealt with honestly Truthfully the inmates will be the suspects in all cases of any instance That's a given sad but true The powerhead isn't going to give up his minion

Michael wrote on Feb 17, 2007 2:30 PM:Correction, why doesn't CDC put dogs on the desk where the guards check in and give them full body cavity searches. They give rectal examinations constantly to the prisoners, while they are the ones bringing in the contraband.

Ask wrote on Feb 17, 2007 3:13 PM:What a crock. SOMEWHERE tobacco must be smoked. Maybe their too brain dead to actually smell it. And guards only get fired. You know their union would have a fit if the penalty was ever raised. Just another way CA doesnt work.

Anonymous wrote on Feb 17, 2007 4:23 PM:I agree that most of the drugs and tobacco are being brought in by the prison staff, but it is not impossible for the visitors to be doing it too! I could tell you stories I have heard!! I think they should just allow smoking again and that would solve the problem. It is not illegal to smoke, so why ban it from the prisons? Just make it like every other public place and you have to smoke outside!

Terry Ann wrote on Feb 17, 2007 4:46 PM:I think the piece is truthful. It shows that the vast majority of tobacco is being brought in by guards and free staff with mention of OFF PRISON work crews picking some up. We all know that cavity searches are not going to find small "packages." But yeah - the MASS majority of tobacco smuggled into prisons is done so by guards and other staff. DUH

bdbdbd wrote on Feb 17, 2007 6:58 PM:As was pointed out when the tobacco ban was started in California the staff in Arizona called the ban the "Retirement Enhancement Fund". With a huge percentage of inmates addicted to drugs and tobacco, just what did you expect.

BOB wrote on Feb 17, 2007 7:48 PM:WHY DOES ARNOLD HAVE A SMOKING TENT?

RADO wrote on Feb 18, 2007 1:53 PM:YES YES YES!!!!!!!! It has to be the Warden and his/her staff members/Corrections Officers who are suppling the DRUGS,CIGARETTES AND ANY OTHER ILLEGAL CONTRABANDS. A visitor of any prison facility is subjected to such scrutiny there is little chance to get anything past the check points, your shoes are searched, your outer clothing is checked, meaning you must hand over your coat, jacket, sweater, etc. for the Corrections Officers to physically go through your pockets and the lining of your outer clothing, no purses, wallets are allowed, the baby diaper bag if allowed is throughly searched inside and out, the visitor is then required to step through a metal detector without their shoes on. There are Corrections Officers in and amongst the visiting area along with cameras that monitor your every move besides those rude, over paid Corrections Officers, the Warden, and other staff workers who have access to the inmates who else could possibly bring in illegal items. I say impose the maximum penalty for The Warden, those who are employed staff members, the Corrections Officers, hired to uphold the laws, they should be terminated immediately, the pension plan should be terminated if the State is matching their pension plan, or if the State is the sole provider of the pension plan.

Denise wrote on Feb 19, 2007 6:10 PM:The smoking ban needs to be in place because prison is supposed to be where everyone cleans up their addictions. When inmates get cancer, they get little or no medical treatment, let alone lung transplants and prevention is a good investment to keep down the costs of medical care and the suffering. Plus, the families would mail the prisoners cigarettes but not buy shoes for their children or pay a dime to help fight for their freedom. The guards have no business supplying drugs and alcohol to enable addictions. Think of those whose lungs are getting destroyed with second hand smoke. Arnold can get treatment and pain relievers for cancers, he can get a new lung. Prisoners can't get this help. Search the guards and stop all tobacco and drugs into prisons

Tom wrote on Feb 22, 2007 9:34 AM:I can see most of the people posting here are either former inmates or inmate families. The fact is that every day inmate families are caught bringing in some kind of contraband to the inmate, whether it be drugs, tobacco or notes from gang members. I'll admit that some staff do bring in things for inmates too, however, the majority of contraband in prisons are brought in by people visting inmates. This is done by hiding it on their person or stuffed inside a body cavity. In fact, just last year, 2005, an inmates family member was caught throwing a bag full of tobacco along side the road to the prison to be picked up the next day by the prison work crew. When I searched the bag, I found two balloons full of drugs also. So there it is there...

Lynne wrote on Mar 13, 2008 4:28 PM:The fact is that DoC created a monster here, and it really doesn't matter who is smuggling, but my guess is its 10:1 employees over visitors. Some things to 'mitigate' this and give guards more serious matters to worry about, allow smokeless tobacco, allow smoking in limited outdoor areas and make it a privilege which can be lost by bad behavior.

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