The list of states where marijuana has been legalized either for recreational or medical purposes has continued to grow since Colorado’s legalization vote in 2014, with thirty states and D.C. having some form of legalization. Already with the celebratory mood of 4/20 last week, Coloradans often mention the positives that have come from legalization—the industry is booming, bringing millions of dollars in tax revenue to the state. But this celebration sours with a little more information—possession arrests in Colorado have risen for Hispanic and black youths even as they have fallen for white youths, and a recent New York Times opinion mentions the high numbers of black men still serving long prison sentences for possession charges. As the legal marijuana industry changes, these facts need to change, too.
Though usage rates are about the same among black people and white people, black people are almost four times as likely to be arrested for marijuana possession, according to the American Civil Liberties Union (ACLU). In Colorado, an NPR report found that most possession cases are called into the police as a complaint. These trends indicate a clear pattern of racial discrimination when it comes to reporting and arrests for possessing marijuana, arrests that have significant impacts on the lives of these young people (since marijuana possession is still illegal for those under 21, it is those under the legal age who are arrested).
What is more, there are still people serving prison sentences for marijuana possession even in states where it has since been legalized. There is a growing and striking difference between the mostly white owners of pot shops who are reaping the benefits of the success of the industry and the disproportionately black and Hispanic people who are facing arrest and imprisonment.
One of the first concrete steps in addressing this disparity is reevaluating the prison terms of those imprisoned in Colorado for possession. This is already a consideration of Governor Hickenlooper, who in February proposed the idea of releasing about 40 inmates in prison for nonviolent marijuana crimes. This should be an obvious step to take—adults serving time only for possession of a substance that is now legal across the state should not remain imprisoned.
Legalization has also been in the news at the national level, with Senate Minority Leader Chuck Schumer announcing legislation last week for federal-level decriminalization. Part of Schumer’s plan is also to provide funding for marijuana businesses owned by women and minorities. Legalization on the federal level would hopefully cut back on marijuana-related arrests and could help change the way people perceive the use of the drug.
But while each of these policy goals are legitimate, the discrepancies in reports and arrests based on race is an issue that does not have a quick policy fix. Racial discrimination has led to more youths from minority groups being arrested and more adults from minority groups remaining in prison. Overall decriminalization and the release of prisoners with nonviolent marijuana charges are first steps, but perceptions of marijuana use also need to change. Colorado and the U.S. cannot claim success of the marijuana industry until discrimination within it is addressed.
