Why Pardons for Cannabis Offences Are A Crucial Part of Legalization

The Importance of Record Expungement Post-Legalization

As many states and countries have begun to legalize cannabis, we’ve seen great outcomes: fewer unnecessary arrests and a shrunken negative stigma against the plant. However, even though cannabis activists and supporters alike have experienced many victories over the past few years, there’s still work to be done.

One important cause that often gets swept under the rug is record expungement – or the desire to eliminate criminal records linked to cannabis-related crimes. Many activists and legal professionals have weighed in on this cause, including Forbes columnist Kevin Murphy.

“Record expungement must be a part of a state’s legislative efforts to legalize cannabis going forward, particularly for those convicted of possession of small amounts of the plant and other nonviolent offenses,” Murphy writes.

Cannabis Arrests, By The Numbers

Looking at the sheer amount of cannabis arrests is shocking: in 2018, more than 600,000 people were arrested on cannabis law violations. Among these arrests, 92% were possession charges. Additionally, these kinds of arrests rose for the third year in a row.

These charges are particularly harsh towards black Americans. According to a report from the American Civil Liberties Union, black and white Americans use marijuana roughly to the same degree, but black users are four times as likely to be arrested.

The Impact Of Cannabis Arrests

The reason record expungement is such a serious fight is because of the way criminal records can destroy lives. As Murphy explains, people with drug convictions can have trouble navigating society with the baggage of their crime following them everywhere.

“People with drug convictions can have a hard time finding housing, a job or college funding,” Murphy explains. “They often lose their right to vote and the ability to receive public assistance due to a combination of stigma and various state laws.”

Unemployment is already a massive problem in America, and the stigma against people with convictions makes it worse. Whether or not the drug offense involves a vehicle, charges can often lead to an automatic suspension of the subject’s driver’s license, depending on the state. Driver’s licenses are essential to many jobs – meaning losing a license can be a fatal blow for some careers.

“Many employers won’t hire anyone with a drug conviction, or have policies requiring immediate termination if a past drug conviction is discovered or an arrest made, with or without a conviction,” Murphy says.

This is even more disheartening when you consider that most people with cannabis charges aren’t drug kingpins, Murphy explains, but everyday people seeking relief. Marijuana is a common coping tool for many physical pain symptoms.

So, What’s Being Done?

Luckily, some Americans with records are seeing a sliver of justice. Twenty three of the 50 states have decriminalized cannabis or removed jailtime as an option. In Illinois, more than 11,000 pardons were granted for citizens with low-level marijuana convictions.

Record expungement can be a lengthy and expensive task. But marijuana advocates agree that it’s a necessary step for seeing justice prevail in the battle for marijuana legalization.