Legalize marijuana, but don't forget those left behind in drug war

This past Monday, many Tufts students were celebrating more than just Patriot’s Day and the Boston Marathon. April 20, or “4/20”, has been a national "holiday" for a range of marijuana smokers in the United States since the '70s. This day, dedicated to the consumption of cannabis and its associated subcultures, draws national attention to the legality of marijuana in the United States every year. As these conversations about legalization become increasingly mainstream, however, it is essential that we take measures to address the racist legacy of the drug war and its lasting, destructive impact.

This year, arguably for the first time in American history, a repeal of federal marijuana prohibition is finally starting to look like an eventual possibility, and indeed an eventual inevitability. Arguments for legalization have been taken up by extremely influential sources, including the Editorial Board of the New York Times. 

More importantly, the tide of public opinion is slowly beginning to turn on this issue. According to surveys conducted this March by Pew Research Center, 53 percent of all Americans and 68 percent of millennials support the legalization of marijuana use. This change is being reflected in state legislation as well: Colorado, Washington, Oregon, Alaska and the District of Columbia have “passed measures to legalize marijuana use,” 14 other states have decriminalized the possession of marijuana to varying extents and 23 states along with the District of Columbia currently allow for the medical use of marijuana.

Marijuana should be legalized on a national scale, and it is no longer foolishly optimistic to hope that this will happen within the coming decades. Whether it be state-by-state or a federal law, the end is nearing for this second prohibition. The conversation surrounding legalization must be a nuanced one; these hard-fought battles are about so much more than simply allowing those over 21 to enjoy a recreational joint every once in a while. Legalization efforts should be focused primarily on righting the wrongs of the war on drugs, particularly those committed against black and Latino communities.

The United States has the highest incarceration rate in the world, and many of these incarcerations are due to nonviolent drug charges (including marijuana law violations as basic as simple drug possession). Authorities disproportionately target people who are black and Latino to be punished for these crimes, even though “these groups use and sell drugs at similar rates as whites,” according to the pro-reform group Drug Policy Alliance. To put it plainly, the current criminal status of marijuana is rooted in a racist system.

Unfortunately, legalization efforts in many states have largely ignored this fact, and those formerly convicted of marijuana offenses will have a difficult time getting these unfair charges expunged from their records. In fact, as news site Mic reports, the United States “is one of just 22 countries in the world that does not guarantee 'retroactive ameliorative relief,' or a relaxation of sentences, for those convicted of a crime for which punishments are later eased.” What we have on our hands is a push for legalization, which will ultimately turn marijuana into a regulated industry that benefits the government, without any mechanism in place to attempt to make up for what has been done to people who have had their lives destroyed by these racist laws.

Sadly, though the gradual legalization of marijuana is something many of us are eager to celebrate, it will require a much greater effort to undo the deeply racist effects of its long-lasting criminalization. Any discussion or attempt at legalization that does not address these crucial issues will be a woefully simplistic one and should not happen.