The War on Cannabis

Authors

Marla Zappa, Loyola University Chicago School of Law

Document Type

Article

Abstract

Federal legalization of marijuana has the potential to drastically reform the criminal justice system as thousands of Americans face lifelong penalties for simple drug offenses, especially communities of color who are prosecuted at much higher rates compared to white individuals.

Today, possession of marijuana is the leading drug offense for which Americans are arrested.¹ Every year approximately 550,000 individuals are arrested for cannabis offenses, typically possession.² This is because marijuana is the most common illicit drug used in the United States.³ In 2021, over 52.2 million Americans consumed cannabis in some form.⁴ Across the population, marijuana is used at similar rates by various races and ethnicities.⁵ On average, 19.5% of white individuals use cannabis, and 21.3% of Black individuals do as well.⁶ However, these two populations are incarcerated at vastly different rates for cannabis-related offenses.⁷ African Americans have been nearly four times more likely than whites to be arrested for marijuana possession.⁸ In effect, these simple possession charges create major barriers for employment, housing, and educational opportunities.⁹

Recommended Citation

Marla Zappa, The War on Cannabis, 29 Pub. Interest L. Rptr. 354 (2025).
Available at: https://lawecommons.luc.edu/pilr/vol29/iss2/15