Decriminalize, For What?
In recent news, New York Governor Andrew Cuomo (D) signed a bill this Monday morning to further decriminalize marijuana possession and allow those with prior convictions to have their records expunged. This will happen in 30 days! And those with possessions of up to 2 ounces of marijuana will have to pay a $50 - $200 fine with NO jail time.
The governor acknowledged that New York’s drug policies have disproportionately targeted people of color and believes this new legislation is a “step forward in addressing a broken and discriminatory criminal justice process” in his press release.
Though this may be a step forward, some aren’t completely thrilled. Cuomo is not alone amongst governors who have promised legalization without any delivery thus far. So what’s the big deal with decriminalization and legalization anyways? Aren’t they basically the same thing; weed becomes legal right? Well, not too fast, the reason why marijuana legislation is spoken about in these two different ways is because these policies produce a different outcome with different consequences for different groups of people. Currently New York is the 15th state to decriminalize, whereas 11 states (plus D.C.) have legalized marijuana.
Decriminalization: the loosening of criminal penalties for personal use, though the substance is still considered illegal. And because it’s illegal, the production and sale of marijuana is not regulated by the state. Those caught by law enforcement will have to pay civil fines instead of face criminal charges.
Legalization: abolishment of laws banning possession and personal use of an illegal substance. This allows the state to regulate and tax marijuana use and sales.
That such note on tax revenue is one of the hiccups that has stalled legalization for Cuomo in New York state. There have been disagreements as to what to due with the projected millions in tax revenue.
The issue is that decriminalization in conjunction with expungement *appears* to favor communities of color because of the disproportionate impact of harsh drug policies in minority communities. Interestingly, lawmakers vie for legalization in a straight shot due to enticing tax revenues and do not address the impacts of harsh drug policies. This is what has kept New Jersey from its own legalization bill, because an agreement couldn’t be met as to how legalization in the state will help and aid people of color. Without decriminalization, people with marijuana convictions continue to suffer while others are now able to prosper and attain unimaginable wealth. If a person has a conviction they are unable to apply for school or bank loans, have a significantly harder time getting a well-paying job, or are unable to apply for business loans. Getting back on ones’ feet after a marijuana possession conviction is a feat one shouldn’t have to endure while others are able to flaunt their marijuana passion from business to social media.
Is decriminalization one half of the whole picture when it comes to the new order of marijuana in this country, even though it has its own issues?:
Expungement processes- The process for those with prior convictions to have their record expunged also needs to be a streamlines process and not a government rigamarole these bureaucratic processes usually are. If you say you’re going to work for certain communities you need to back it up with actionable processes that work for them.
People of Color are still getting picked up in decriminalized states - Decriminalization implementation needs to also be addressed. Decriminalization still leaves arrests at the discretion of police officers. People of color are still being picked up in states where marijuana is supposed to be decriminalized.
Payment for fines isn’t always feasible in all communities - The process of unpaid fines and the ability of people to pay them needs to be further addressed. Who does this serve? Some cannot afford to pay an extra $200 out of pocket on top of their other living expenses and disenfranchises lower-income communities.
Yes, legalization is the goal, but decriminalization should come first, because legalization, most often, does not address the criminalization of marijuana against communities of color. Nevertheless, let’s not forget that decriminalization does not always correct the wrongdoings of our justice system.
Source: Marijuana Moment, ThoughtCo