The title of this post is the title of this notable new commentary from John Hudak over at Brookings FixGov blog. I recommend the piece in full, and here are excerpts:
Judge Garland recognized two realities about cannabis enforcement — one not new to AG nominees, the other quite new. First, he noted that non-violent, low-level cannabis enforcement is not an effective use of federal law enforcement resources. There are plenty of other crimes that the Justice Department should be focused on. Second, he noted that cannabis law enforcement disproportionately impacts communities of color, and more importantly, that the effects of those arrests impact individuals’ economic potential and livelihoods.
The latter is a stark departure for top-level presidential appointees. Mr. Garland showed a powerful appreciation that arrests for low-level cannabis crimes (and especially convictions for those crimes) contributes to systemic racism and has not a one-time effect on individuals, but a sustained one. Mr. Garland’s take on cannabis enforcement is that it is an archetype of institutionalized racism in our system. It systematically impacts communities of color over the course of lifetimes and contributes to lower wages; reduced wealth accumulation; limited educational and job opportunities; and sustained, multi-generational poverty....
Because so much cannabis enforcement takes place at the state and local level, the Justice Department could engage governors, state attorneys general, chiefs of police and other law enforcement leadership, as well as civil rights and criminal justice reform leaders. By forming a coalition and group to study cannabis enforcement in the states, the Attorney General can better understand how the Justice Department can create programs, adjust policies, and incentivize better behaviors in the states through funding, funding restrictions, and other policy changes.
The Justice Department could also initiate a public campaign to inform state and local leaders about the social and economic impacts of the enforcement of cannabis crimes, especially those that disproportionately impact specific communities. The attorney general can work with groups to improve the manner in which law enforcement and state and local leadership address both the way in which cannabis enforcement operates in the future and how to make up for past harms.
And last but not least, the Justice Department could lead the way on restorative justice, primarily through clemency. However, presidential clemency efforts for cannabis will have limited impact, given how few individuals face such charges at the federal level. Given this the attorney general can encourage the use of presidential and state-level clemency powers. He can build on a proposal announced last week from Reps. Earl Blumenauer (D-Ore.) and Barbara Lee (D-Calif.) and supported by many drug reform advocacy organizations such as NORML and others. That proposal urges President Biden to pardon non-violent cannabis offenders. That recommendation is an important one that will signal the new president’s views on drug policy and demonstrate a change in his approach to law enforcement policy since the 1990s. It will also honor his commitment during the Democratic debates that cannabis users should not face jail time.
The attorney general and President Biden should seek to coordinate with like-minded governors of both parties to exercise far-reaching pardon powers to the victims of the War on Drugs. A Rose Garden ceremony to exercise presidential pardon power, while virtually assembling a bipartisan group of governors doing the same would be a substantively impactful effort that would improve the lives of hundreds of thousands of Americans, far beyond what the president can do alone.
Taking a first step toward restorative justice is important given the racist roots and implementation of the War on Drugs.
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