The Next Step Towards Marijuana Justice: Don’t Forget the POWs
As we continue the march towards ending marijuana prohibition and legalizing the responsible use of marijuana, there remains a moral imperative that we must confront head-on: we must not forget those whose lives have been destroyed by prohibition — the POWs of the war on marijuana.
I’m specifically talking about the thousands of state and federal prisoners who were convicted of non-violent marijuana offenses – frequently involving large-scale cultivation or smuggling efforts – and who were sentenced to long prison sentences, frequently longer sentences than those given to violent criminals, and the hundreds of thousands of individuals who are no longer incarcerated, but who bear the unfair burden of a criminal record for conduct that is now becoming legal in more and more states.
A Fresh Look at Smugglers, Dealers and Large Scale Cultivators
For decades, the anti-marijuana propaganda machine in this country demonized those who smuggled, grew or sold marijuana. They were not seen just as citizens willing to ignore the dominant social norms and attendant legal risks of providing a product that millions of Americans wanted, and were willing to pay a premium price to obtain. Rather they were portrayed as evil individuals whose purpose in life was to corrupt and addict our youth and undermine our nation’s strength.
After all, if marijuana caused otherwise ordinary citizens to become depraved animals, leading to unthinkable acts of brutality, and eventually ending with insanity, as was the official party line, then of course those who allowed this threat to continue, and who enabled it by their actions, were perceived as worse than those who committed acts of violence. And routinely they were given harsher sentences than those who were committing violent crimes.
Today, as the country has become more familiar with and accepting of marijuana smoking, those earlier assumptions about the dangers of marijuana seem absurd and fanciful, and it is difficult to imagine they were ever accepted as fact. But they were, and the result was more than 30 million marijuana arrests.
The Perspective of Those of Us Who Smoke
First, let me make the obvious point that if no one would have had the courage to risk arrest and jail for smuggling, growing or selling marijuana, we smokers would have had no marijuana to smoke for all these years.
But even more importantly, without a thriving underground marijuana market in America, there would have been no serious marijuana legalization movement, and we would not have four states and the District of Columbia with legal marijuana, and more to come in November.
Ending prohibition might never have occurred if this were simply a theoretical argument about the wisdom of criminalizing marijuana. It is occurring because there are tens of millions of Americans who very much enjoy their marijuana, regardless of its legal status, and who were passionate about the need to bring it above ground and end prohibition.
Without a reasonably steady supply of black-market marijuana, this topic would be of interest to political science and sociology professors, but it would not be an enormous social movement with the political power to change laws and policy for the better.
So instead of demonizing these brave adventurers who were willing to provide us with marijuana, despite the enormous personal risk, we should be recognizing their role in getting us to where we are today, and taking whatever steps we can to minimize the harm so many of them have suffered. That means those who remain in jail or prison should be released, if what they were convicted of is now being legalized; and those who remain unable to vote or are otherwise limited professionally because of a marijuana conviction should have their records expunged.
I know that some are even calling for those who have been victimized by prohibition to be paid reparations for the damages they suffered, just as people who are proven innocent after years of imprisonment are frequently reimbursed for their suffering. While I see the innate justice in that suggestion, I recognize that is simply not a politically realistic option, at least for now.
But we should, and must, do what we can to restore to health those many lives we have unfairly damaged and destroyed, and we need to begin the public debate now. Once one acknowledges that marijuana is far safer than alcohol or tobacco, and a large majority of Americans now understand this basic fact, then there is simply no rational basis to leave non-violent marijuana offenders in jail or prison, or to limit their ability to succeed and enjoy a full and rewarding life, because of a past non-violent marijuana conviction on their record. A failure to help those previously convicted under prohibition would leave a moral stain on the legalization movement.
The Gentlemen Smugglers
I was reminded of this aspect of ending marijuana prohibition by a visit recently with Barry Foy, an old marijuana smuggler who was featured in the Wall Street Journal best-selling book by Jason Ryan titled Jackpot: High Times, High Seas, and the Sting That Launched the War on Drugs. This is a real-life adventure by a group of fun-loving southern gentlemen based in South Carolina who successfully smuggled tons of marijuana into the US during the Ronald Reagan years, before eventually being caught and serving substantial prison sentences. These were middle-class adventurers who eschewed violence but thoroughly enjoyed the excitement, glamor, and pleasures available to those willing to live on the edge — the lifestyle celebrated in many Jimmy Buffett ballads.
These smugglers eventually married and had families, and when they were not smuggling marijuana, were indistinguishable from their more-ordinary friends and neighbors. Following a 13-year run, they were eventually taken down, not on smuggling charges, but like Al Capone, on tax-evasion charges, with Barry receiving an 18-year sentence (he served 11) and his partner receiving a 25-year sentence (he served 17 years). Yet today, both former smugglers say they have no regrets and remain unrepentant.
I am fully aware that we have much work to accomplish before marijuana smokers are treated in a totally fair manner. I have written frequently about the need to fix the laws that currently permit smokers to lose their jobs for testing positive for THC, without any showing of impairment on the job; the morally offensive policy of assuming parents who smoke marijuana are unfit parents, who must fight to retain custody of their minor children; and the factually unfair policy of treating those with THC in their system as presumed guilty of a DUID offense, without any showing they were driving in an impaired condition. Each of these areas must be revisited to protect the rights of responsible marijuana smokers.
But even as we move more and more states into the legalization column, we must not forget the need to reach back and minimize the harm we have caused to tens of thousands of our fellow citizens by labeling them as criminals for smuggling, growing or selling marijuana to those of us who wanted it. Like marijuana smokers, they too are largely ordinary folks, perhaps with a flair for living an adventurous life, with families and friends who very much care about them, and they should never have been treated with such contempt simply for ignoring the dictates of a failed policy called marijuana prohibition.
This column originally ran in Marijuana.com May 2, 2016