Getting Rid of the “Scarlet-M”: The Harms of the War on Marijuana and Why Social Equity Should Be Incorporated into Marijuana Reform

Abstract

When Congress criminalized marijuana as part of the Controlled Substances Act of 1970, it appointed a commission to recommend marijuana's permanent legal status; the Commission recommended it be decriminalized, recognizing that total prohibition would likely be counterproductive in light of the minimal risks to marijuana users. Because of this, marijuana never should have been criminalized in the United States. Thus, states and the federal government should enact social equity programs along with legalization to begin fixing the problems created by criminalization.

Countless lives were ruined by marijuana arrests and convictions from direct consequences, such as imprisonment or fines, and the numerous collateral consequences that follow. Putting aside the formal collateral consequences, the stigma from marijuana arrests or convictions also caused immense economic and other harm. To remedy the economic harms, jurisdictions should include social equity provisions in their legislation, such as supporting those harmed by the war on marijuana in participating in the newly regulated market and using tax revenue or other funds to invest in harmed communities. Marijuana convictions should be automatically expunged, and people incarcerated for marijuana crimes should be immediately released to remedy the carceral harm upon legalization; these remedies should apply to all marijuana convictions, whether a felony a misdemeanor.

Keywords: social equity, marijuana, cannabis, collateral consequences, war on drugs