Virginia’s policy of criminalizing minor marijuana possession is not working. It is needlessly creating criminals and burdening Virginians with convictions. The human and social costs are enormous, in addition to the millions of dollars it costs Virginia taxpayers. And the negative consequences of the current approach fall disproportionately on African Americans and people of color.

That is why Virginia should decriminalize possession of small amounts of marijuana, address past convictions and start moving toward legal and regulated adult use.

Overall arrests for marijuana possession have increased by about 115%, from around 13,000 in 2003 to nearly 28,000 in 2017. The number of first-time marijuana convictions in Virginia has also risen dramatically, from 6,500 in 2008 to 10,000 in 2017.

For second and subsequent offenses, around one-third of those convicted are actually sent to jail at significant cost to taxpayers.

Even if a Virginian avoids jail time for marijuana possession, they can still be stuck with a criminal record, lose their job, student aid, certain public benefits including housing assistance, and it can even affect custody rights.

This punitive approach costs Virginia taxpayers an estimated $81 million every year, in addition to the staggering human and social costs. And it cannot be ignored that the burden of the current system falls disproportionately on African Americans and people of color.

The Virginia Crime Commission found that African Americans comprised 46% of all first offense possession arrests from 2007 to 2016, despite comprising just 20% of Virginia’s population and despite studies consistently showing that marijuana usage rates are comparable between African Americans and white Americans.

A study by the Daily Press similarly found that African Americans received half of all charges of first-time marijuana possession in Virginia and that African Americans are more likely to be convicted of marijuana charges and sentenced to jail.

Individual commonwealth’s attorneys, including some in Hampton Roads, have taken sensible and courageous steps to reduce the number of simple marijuana possession cases moving through the courts, but locality-by-locality action is no substitute for a rational, unified statewide policy.

So what does a more rational, just, and equitable cannabis policy look like in Virginia? It’s a question that will require thought, consideration, and input from a wide range of stakeholders, but the time is right to begin working toward legal and regulated adult use.

That process should begin as soon as possible with decriminalizing simple possession of small amounts of marijuana and taking action to release from jail, pardon and expunge the records of those whose convictions would not have occurred under more rational standards.

This would provide a measure of justice for Virginians who have been hampered by these convictions, while also freeing up important law enforcement resources and increasing trust between law enforcement agencies and the communities they serve.

This move to a more rational cannabis policy won’t necessarily be easy, simple, or fast.

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My team and I want to be sure we can provide assistance and input as Virginia reconsiders its approach, so we are already having conversations with our colleagues in states with more progressive cannabis laws to identify the questions that need to be answered and the pitfalls to be avoided.

The body of knowledge and experience in this area is growing, making it easier for states to avoid some of the challenges faced by early adopters.

Nevertheless, there are important decisions to be made, like where to set the limit for the amount of cannabis that can be lawfully possessed.

What training, education, and resources will law enforcement agencies need to deal with a new regulatory and legal landscape?

What will Virginia do to educate the public on the potential risks associated with cannabis use, particularly for young people?

These are serious questions that deserve deliberation, but we can’t avoid the conversation any longer, especially when our current system continues to saddle Virginians with convictions and even jail time, and black Virginians at a strikingly disproportionate rate.

It is time for Virginia to embrace a better, smarter, and fairer approach to cannabis.

Herring is the 48th Attorney General of the Commonwealth of Virginia.