KEY POINTS:
- * First offenders could be forgiven of their sentences
- * The measure will not apply to undocumented immigrants
- * Will also not benefit repeat offenders or traffickers
- * Latinos represent one of the groups hardest hit by these arrests
In a surprise move, President Joe Biden is pardoning thousands of Americans convicted of “simple possession” of marijuana under federal law, as his administration takes a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color.
However, this measure leaves out hundreds of undocumented immigrants who are in jail for these crimes. According to recent reports, a large majority of deportations were due to crimes related to drug use.
Biden, in a statement, said the move reflects his position that “no one should be in jail just for using or possessing marijuana.”
“Too many lives have been upended because of our failed approach to marijuana,” he added. “It’s time that we right these wrongs.”
The pardon does not cover convictions for possession of other drugs, or for charges relating to producing or possessing marijuana with an intent to distribute.
“Since 1965, nearly 29 million Americans have been arrested for marijuana-related violations — for activities that the majority of voters no longer believe ought to be a crime,” he said.
The White House is urging governors to take similar action. Administration officials told reporters the pardons could benefit about 6,500 people, though officials said there is nobody in federal prison for simple marijuana possession.
Hundreds of Latinos could benefit from this measure, although the number is unknown. But over the years, along with blacks, they have been the hardest hit by these arrests.
A few years ago, the statistics released mention that the vast majority of federal sentences for marijuana crimes went to Hispanics, according to new data from the U.S. Sentencing Commission.
Hispanics have been massively overrepresented with 77 percent of federal marijuana sentences, despite making up less than 20 percent of the U.S. population.
Non-Hispanic whites were dramatically underrepresented, with 11.9 percent of pot sentences, and African-Americans were also underrepresented with 8.3 percent.
Hispanics long have gone to federal prison for pot crimes at a higher rate, but the group’s share of sentences has increased amid an overall dip as states unfurl regulated markets.
The Drug Policy Alliance advocates for repairing the harms caused by punitive drug war policies that fuel mass incarceration and mass deportation. The Latinx community often suffers these harms disproportionately:
-50% of federal drug cases are brought against people classified as Hispanic, even though this group makes up just 17% of the U.S. population.
-In California, where DPA played an instrumental role in legalizing marijuana and de-felonizing drug possession, we are collaborating with several community partners to advocate for the release of people incarcerated for marijuana convictions and the expungement of drug convictions.
-Although we know Latinx people are disproportionately harmed by our criminal legal system, there is a serious lack of data. Few states include Latinxs in the criminal justice data they report. In New York City, though, we know that Latinxs are arrested at nearly four 4 times the rate of whites for marijuana, even though Latinxs and whites use marijuana at comparable rates.
Write a Reply or Comment
You should Sign In or Sign Up account to post comment.