Yes. The law must actively say that it is specifically for a specific group for it to be codified as racist. Anything other than that is an issue with the application of the law and conjecture by outside individuals. The outcome matters, but only so far as it is how it is being applied which demonstrates the applying groups intent.
The effect of the law is an important attribute to study, however to jump right to claiming it is racist is a dishonest practice. When people start saying/screaming racist, the first thing that comes to mind is the childhood saying here about a fart. "The one who smelled it first is the one to dealt it."
The same can often be said of racism. The first one to start screaming "That's racist!!!" is often the one who is themselves racist and sees everything through the racist lens.
And yes, I am well aware that non-violent African Americans are/were incarcerated at higher rates than other groups. That's not a problem with the law. That's a problem with the application of the law. Do you want to know what fixes the problem? Not taking drugs. Not dealing drugs. Not being associated with those who do.
Here's a little extra glimpse into my life. I come from a very large Mexican American family. My family has only been here in the States since my grandparent's time. I have whole swaths of my family who were/are involved with the "War on Drugs". I have cousins in prison. I have cousins who probably will be going to prison. Some for use. Some for distribution. Some for the violence that is inherent to that world. The consequences of their actions are on them....regardless of their skin color.
You mentioned in a post in this thread a few rows up about how a guy shouldn't be shot in the back for falling asleep in a drive through. He wasn't. He was shot, because he struggled back against a cop. Let me tell you another story from my family. My cousin (female) was causing a scene. Someone called the cops. It started to escalate. My cousin then "became enraged" and attempted to pull the gun out of one cop's holster (he was trying non-lethal subduing techniques). My cousin had her hand on his gun. The cop's partner came up and punched her (breaking her noes and teeth). At first, some in my family were outraged that he would hit a girl. That's when I spoke up and said "If any of us (indicated myself and my male cousins) had tried that, we would be dead."
So to bring it back around then, for a law to be racist, the intent has to be clear & exacting. Otherwise, it would be the application of the law that is the issue.
~Jeordam
Saving the Princess, Humanity, or the World-Entire since 1985