Drug offenders make up just over 50 percent of the US prison population. Of those prisoners, 27.6 percent are jailed for marijuana [1]. Despite almost equal rates of use, African-Americans are 3.76 times more likely to be arrested for marijuana [2]. Unfortunately, the in states that have legalized marijuana a black market still exists, and blacks are still arrested at unfair rates for participation [3]. The marijuana legalization movement needs to address this, and explore solutions to this issue. A large motivator to sell illegally is the cost to enter the legal market. To sell legally, one must obtain a license, and dispensaries cannot be owned by an individual with a drug felony [4]. That means that all the previously imprisoned dealers have no place in the new marketplace, and will sell outside of it.
Another problem occurs in states without full legalization. 21 states have decriminalized possession of small amounts [5]. This means instead of jail time, offenders face a fine. This puts poor offenders, unable to pay the fine, in a difficult situation. It creates yet another unfair advantage for the rich, who can now use marijuana as they please, and pay a fee which is insignificant to them if they get caught. The people unable to pay the fine could even face jail-time, as many states still unconstitutionally jail those unable to pay fines and court charges [6]. Even if they do manage to pay, they're losing a large chunk of their income, and may even have to resort to criminal means to obtain the capital.
Legalization is important, but we need to focus on legalizing to benefit those most harmed by the drug war- the lower class and especially minorities. Otherwise this is just a movement to benefit well-off white people who are mad they can't legally get high.
