It’s common knowledge that the American justice system discriminates against people of color, especially Black people.

On April 7, 2021, Governor Ralph Northam signed two laws that legalized possession and use of marijuana for adults over the age of 21. But the state marijuana laws in Virginia can be confusing. Marijuana possession and consumption were legalized but retail sales were left illegal. Currently, marijuana can only be bought from a medical dispensary with a prescription. Aside from that, the only other legal ways to obtain it are by growing it yourself or receiving it as a gift.

When the law was passed to legalize marijuana, all misdemeanor possession with intent to distribute marijuana arrests, charges, and convictions were sealed in the police database, but the court files for these cases remained open to the public. This means that law enforcement officers are not able to see these charges when they pull someone over for a traffic stop, but the court records are still publically accessible for employers or anyone else who wants to find them. This poses a problem for those who were convicted and are now seeking employment.

Rather than a complete expungement of the records, Virginia’s legislators chose to continue to allow people to view these records for charges that do not constitute a crime under the new law.

This is an issue that disproportionately impacts the Black community. Although Black and white people use the substance at the same rate, Black people are more than three times more likely to be arrested for crimes relating to marijuana. The disproportionate arrest rate is even worse in the city of D.C. And that is by design.

The War On Drugs was created as a way to target the Black community, and in 2010, more than half of all drug-related arrests were for marijuana according to the ACLU. 

Despite resounding support for marijuana legalization across the country, it is only fully legal in 18 states, and there are still four states where it remains completely illegal in all of its forms.

Marijuana injustice is a serious issue that impacts millions of people across the country, yet our government refuses to take it seriously. Beyond expunging records, there is a lot of work that needs to be done in order to rebuild communities that have been destroyed by the war on drugs, reeducate the public on the true nature of marijuana, and ensure that those who have been imprisoned for these infractions not only have their records expunged but also receive workforce training and reparations for the years they lost in prison.

So what can you do to fight these injustices? You can call your legislators and tell them that we need marijuana laws that uplift damaged communities and help those who have been targeted by a predatory system. Too often, when marijuana is legalized in a state, it is legalized without consideration for those who have suffered due to the unfair laws that disproportionately target communities of color.

Groups like Marijuana Justice, a Virginia-based nonprofit, are dedicated to ensuring that people know their rights and are kept up to date when it comes to marijuana legislation. Marijuana Justice is dedicated to fighting for reform to ensure that communities are compensated for damages caused by predatory laws, individuals are no longer targeted for possession, and those incarcerated for marijuana infractions are released with their records expunged. 

As a nation, we need to do more to uplift groups like Marijuana Justice and fight the systemic injustices that have been inflicted on defenseless communities. 

We need more than just legalization; we need justice.