DECRIMINALIZE MARIJUANA: Incarceration for marijuana needs to catch up with legalization
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n March 21, New York state legalized marijuana, following 23 other states that have decriminalized or legalized its use. While this great leap by the legislature is progressive, it is important to recognize the communities of color that are still being persecuted as a result of harsh, outdated drug laws.
Since President Richard Nixon’s declaration of drug abuse as “public enemy number one” at the start of the War on Drugs in 1971, the United States has seen a critical increase in mass incarceration. The incarcerated population has increased by 700 percent since 1970. Primarily, those ending up behind bars are Black and Brown men from low-income communities. According to the American Civil Liberties Union, “despite the roughly equal usage rates, Black people are 3.73 times more likely than White people to be arrested for marijuana.”
Draconian laws on drugs enacted after Nixon’s era intentionally targeted marginalized communities. The War on Drugs was declared to stop the use of illicit drugs, but targeting drug abuse was a mere front for incarcerating members of Black and Brown communities. For example, the establishment of the Anti-Drug Abuse Act of 1986, established mandatory minimum sentences for the possession of five grams of crack cocaine, primarily used by Black and Brown communities, but 500 grams of powder cocaine, which was used by the white population.
Across ethnic groups, the use of illicit drugs is the same; white people possess and use illegal drugs as well, but the ones continuously incarcerated are Black and Latino men. Though Black and Latino populations together only make up 40 percent of the U.S. population, 60 percent of state prison populations and 80 percent of federal prison populations for drug offenses consist of Black and Latino people.
Mandatory minimum sentencing and high incarceration rates further contribute to the poverty of these communities of color by creating employment barriers, reducing earnings and decreasing economic security through criminal debt, among many other disturbances. Without measures to provide help and structure relief, the government handled the issues through mass incarceration, only adding to the cycle of abuse that affects generation after generation, all for a drug that has little research to back up its assumed risk, in comparison to harsher drugs.
If these 23 states are willing to open weed shops and allow recreational use, why is marijuana designated as a schedule one substance, meaning felony charges if an individual is found in possession? In New York alone, the penalty for possession of 16 ounces of marijuana is equivalent to illegally selling a firearm, or for possessing an explosive bomb or machine gun. Such unequal comparisons do nothing to alleviate the mass incarceration rate in the U.S., which has the highest rate in the world and does little to keep communities safer.
The matter of for-profit prisons needs to be addressed when talking about the war on drugs, as well. Private prisons have financial incentives to incarcerate individuals and meet maximum occupancy resulting in for-profit prisons leading to higher incarceration rates rather than effective rehabilitation of prisoners. In 2022, Republican governors rejected a new White House call to pardon low-level marijuana offenders due to big campaign donations — nearly $8.5 million on state lobbying in the last three years — from higher ups in the private prison industry who reap financial incentives from continuing the drug war.
Even with some mandatory minimum sentencing reduced for marjuana and other drug offenses, incarceration still impacts communities of color disproportionately, with for-profit prisons keeping these communities behind bars. Those in cohorts with for-profit prisons continually lobby for harsher sentencing laws or support policies that maintain high incarceration rates with the goal of producing a profit.
To address the disproportionality in drug offenses, there needs to focus on rehabilitation in the communities affected by drugs and violence. There can be community-based drug abuse treatment programs, and support research for cannabis use. Choosing to penalize instead of providing support is an intentional decision by our government, that once again puts profit over its people.
There also needs to be reform in law enforcement practices to offer accountability by addressing racial biases. Imprisonment does not lead to the betterment of local communities, and those imprisoned cannot lead better lives after they get out with a record that makes it harder to meet their basic needs. Looking for housing or finding a job often involves a background check, and a criminal record will prevent an individual from gaining either. What’s more discouraging for them is seeing marijuana being legalized all around the country, but having to suffer from outdated laws regardless.
The U.S.’ criminal justice system’s treatment of people of color has been unfair for decades. Although the legalization of marijuana calls for celebration, marginalized communities paid the price of imprisonment by law enforcement and the system. Beyond legalization, we need to move to decriminalization and pardoning those convicted of marijuana charges.
Rainu George is a sophomore double major in policy studies and classics with Latin emphasis. She can be reached at rcgeorge@syr.edu.
