In the U.S, 11 states and the District of Columbia have legalized recreational marijuana. Several other states have followed suit by either decriminalizing marijuana or allow for medical marijuana. One of the more recent states, Illinois, has joined these ranks amongst states that have legalized the drug in late May. However, this bill goes much further than other state legalization policies. The bill not only allows for all 21+ residents to possess the drug, but it also will expunge the records of those with previous drug possession charges. Those who were sentenced to prison for possession for under 30 grams will be referred to the Illinois Prisoner review board for a pardon. Those in possession of 30-500 grams will be able to petition themselves to be reviewed by the board.

State Senator Toi Hutchinson stated, “ The most historic aspect of this is not just that it legalizes cannabis for adults but rather the extraordinary efforts it takes to reduce the harm caused by the failed war on marijuana and the communities it hurt the most,” she said in an interview with the Chicago Sun. With the demand for de-criminalizing Marijuana, it’s important to examine the U.S.’ interesting history with drug policies.

The War on Drugs

In 1971, President Nixon declared a war on drugs, due to the rise of substance abuse problems that grew throughout the 1960s. This was leading up to President Nixon’s election, causing him to choose drugs as a primary issue to focus on. The War on Drugs is not a singular policy, it’s a set collection of specific policies. To help fight his war, Nixon redirected money to drug control agencies, created harsh prison sentences, and created a special committee.

Instead of treating the drug crisis as an issue of public health, it was met with war. Nixon rather focused on criminalizing substances using tactics that harmed communities of color, and most prominently: black communities. Unfortunately, the War on Drugs has created a racial disparity in sentencing for drug use. Black people are 6.5 times more likely to be incarcerated for a drug-related crime than white people. The disparity exists even though black and white people consume and sell drugs at a similar rate.

The reason that black people are arrested at a higher rate doesn’t stem from a higher sell/use rate, it’s because of law enforcement’s hyperfocus on lower-income areas, urban areas, and communities of color. Around 80% of those serving time in federal prison for drug-related sentences are black and Latino, while in state prison, that rate is at 60%. Decriminalizing marijuana can help curb the discrepancies in sentencing rates, and even adopting a public health approach to drug addiction can have benefits. Although bias will still exist within the Criminal Justice System, the end goal of legalization will result in fewer people from all races being arrested.



Legalized Marijuana Businesses

While the rate of black and Latino people serving time has remained high, white business owners are leaping into the hot and popular market of legalized Cannabis. In a survey by Marijuana Business Daily, they found that only 19% of Cannabis business owners are a part of a marginalized group. This shows that long-term work is needed for black and brown people not to be left out of the cannabis industry.

So while many black and Latino people serve long criminal sentences for marijuana, many white people are raking in the profits of the newly legalized cannabis market. By expunging and granting pardons to those with non-violent drug charges, it is helping the communities most harmed. And ultimately, works to reverse the failures of The War on Drugs.



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Taylor Head Taylor is a high school junior from Kentucky. She is the debate captain of her speech and debate team in which she is actively involved year-round, which has helped her to garner interest in politics and policy and she wants her voice to be heard. She hopes that one day she might be able to encourage others to use their voice and speak up for what they believe in.

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