Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, June 15, 2020

Timely reminders that marijuana reform is criminal justice reform ... especially when Black Lives Matter

Long-time readers know that I have long viewed marijuana reform as a form of criminal justice reform. And, at a time when we are all rightly concerned about police encounters with people of color and systemic racism in our criminal justice systems, it is more than fitting that some legislators and commentators are highlighting how we might improve our criminal justice system by reforming our marijuana laws. Here are three pieces and brief excerpts:

"Bernie Sanders And Cory Booker Talk Racial Injustices Of Marijuana Criminalization At Virtual Town Hall" by Kyle Jaeger:

Sens. Bernie Sanders (I-VT) and Cory Booker (D-NJ) discussed the role of marijuana criminalization and the broader drug war in perpetuating racial injustices during an online town hall on Wednesday. The former 2020 presidential candidates touched on a variety of drug-related policy issues.  For example, Booker brought up an ongoing ban on access to coronavirus relief programs for business owners with prior drug convictions and said it’s an example of why the two senators “talk about marijuana justice all the time.”

"Criminalization that never should have been: Cannabis" by Justin Strekal:

In short, the prohibition and criminalization of cannabis were, and still is, a racially motivated public policy response to personal behavior that is, at worst, a public health matter. But this should have never been a pretext for expanding police powers to search, incarcerate and arrest millions of American citizens.  Annually, over 650,000 Americans are arrested for violating marijuana laws. According to an analysis of these arrests released earlier this year by the ACLU, “In every single state, Black people were more likely to be arrested for marijuana possession, and in some states, Black people were up to six, eight, or almost ten times more likely to be arrested. In 31 states, racial disparities were actually larger in 2018 than they were in 2010.”

"Racist cannabis arrests put Black Americans at higher risk of Covid-19" by Jenni Avins:

Even as cannabis reform sweeps the nation, offering Americans access to state-regulated cannabis-infused gummies and designer vape pens — and entrepreneurs the opportunity to sell them — poor people are still behind bars for possessing or selling the plant.  Statistically speaking, there’s a very good chance those people are Black.

The American Civil Liberties Union (ACLU) reports cannabis arrests still make up some 43% of all drug-related arrests, the vast majority of which are for possession, as opposed to more serious charges such as distribution or sale.  A 2017 study by the National Registry of Exonerations found that Blacks were five times as likely as whites to go to prison for drug possession — despite that surveys show whites use drugs as much or more than Blacks in the US.  In some places the statistics are markedly worse.  In 2018, Blacks and Latinos accounted for nearly 90% of arrests  for cannabis possession in New York City, despite being just 51% of the city’s population.  And in every single state, Blacks were likelier than whites to be arrested for cannabis possession. (Florida and Washington, DC did not provide data.)

https://lawprofessors.typepad.com/marijuana_law/2020/06/timely-reminders-that-marijuana-reform-is-criminal-justice-reform-especially-when-black-lives-matter.html

Criminal justice developments and reforms, Race, Gender and Class Issues | Permalink

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