Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, July 23, 2018

Reviewing efforts to ensure marijuana reform is focused on criminal justice and social justice issues

Download (19)As long-time readers should know, much of my interest in modern marijuana reform emerged from my interest in criminal justice reform,  as well as from my frustration that many "traditional" approaches to criminal justice reform seem to move much more slowly than have many modern marijuana reforms.  Given this background, I have always been eager to see, and been most supportive of, proposals for marijuana reform that focus on criminal justice issues.  And this recent Stateline article, headlined "Marijuana Bills Increasingly Focus on Social Justice," effectively reports on encouraging developments in this arena. Here are excerpts from an extended article that should be read in full:

State lawmakers and advocates pushing to legalize marijuana this year aren’t just touting legalization as a way to raise tax revenue and regulate an underground pot market. They’re also talking about fixing a broken criminal justice system and reinvesting in poor and minority communities that have been battered by decades of the government’s war on drugs.

The focus on justice and equity has sharpened over time, longtime pot advocates say, as it’s become clear that such issues should be addressed and that doing so won’t alienate voters — most of whom, polls consistently show, support legal marijuana. Civil rights groups also have raised their voices in legalization discussions.

Now social justice provisions can be found in legalization proposals in both blue and red states, including several of the states where voters will face ballot measures on the issue in November. Social justice also is a talking point for opponents, who argue that allowing weed sales would hurt — not help — low-income and minority people....

Many state lawmakers say they back legalization because, first and foremost, it can be an opportunity to make changes to the criminal justice system and repair the harm done to groups disproportionately arrested for using the drug. “For me, the social justice piece of it is much larger than, I think, the taxing and regulating — although that is important,” said New York Assemblywoman Crystal Peoples-Stokes, a Democrat who represents part of the city of Buffalo and has put forward a bill to legalize weed....

California’s 2016 ballot initiative, which filled more than 60 pages and covered everything from rules for marijuana testing laboratories to expungement of marijuana crimes from criminal records.

The California initiative allowed people with drug convictions to obtain marijuana licenses. It set aside $10 million a year to pay for services such as job placement, legal help, and mental health and addiction treatment for residents of communities hit hard by former drug laws. Passed by 57 percent, the initiative’s success showed that voters support justice and equity provisions — or at least aren’t dissuaded by them...

Missouri has four pot legalization initiatives on the ballot this fall; three focus on allowing medical use of the drug and the fourth on recreational use. The recreational use initiative by Total Legalization, a volunteer operation that isn’t backed by national pro-weed groups, also would require prisoners incarcerated for nonviolent marijuana-related crimes to be released within 30 days and would expunge nonviolent marijuana-related criminal records. Becca Loane, a member of the board of directors for the campaign committee backing the initiative, said her team wants to legalize marijuana completely without waiting for the Legislature to work out the details. “It’s something that needs to be done.”

In North Dakota, a legalization ballot measure also would expunge the records of people with some marijuana-related convictions automatically. And in Michigan, a legalization ballot measure would require state lawmakers to encourage people in communities impacted by the war on drugs to participate in the marijuana industry....

The argument that marijuana legalization will help poor black and Latino people has been made vociferously in New York and New Jersey, where national groups that back legalization, such as the Drug Policy Alliance, have teamed up with clergy and civil rights groups.

New Jersey Gov. Phil Murphy, a Democrat, called marijuana legalization a social justice issue during his campaign last year. New York gubernatorial candidate Cynthia Nixon, also a Democrat, has said she supports legalization because “we have to stop putting people of color in jail for something that white people do with impunity.”...

Nearly two-thirds of black, Hispanic and multiracial people supported marijuana legalization, according to a Stockton University poll of New Jersey adults this spring. That was a higher share than support among white adults, according to a breakdown by race and ethnicity shared with Stateline.

http://lawprofessors.typepad.com/marijuana_law/2018/07/reviewing-efforts-to-ensure-marijuana-reform-is-focused-on-criminal-justice-and-social-justice-issue.html

Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues | Permalink

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