Locked Up for Weed: The Lingering Toll of Cannabis Incarceration in North America

Once a cornerstone of the War on Drugs, cannabis criminalization has left a deep and lasting scar on North America’s justice system. For decades, simple possession, small-scale distribution, and cultivation charges sent hundreds of thousands—disproportionately Black, Indigenous, and people of color—into jails and prisons. Today, as much of the continent enjoys the benefits of legalized or decriminalized cannabis markets, tens of thousands remain behind bars for the very same acts that now fuel a booming multi-billion-dollar industry.

This jarring contradiction—what some call the cannabis justice gap—isn’t just a moral dilemma. It’s a glaring policy failure that exposes the uneven, often hypocritical transition from prohibition to legalization. The rise of legal cannabis has created jobs, generated tax revenue, and spurred innovation in wellness, food, fashion, and medicine. Yet, for many incarcerated individuals and their families, the promises of reform have yet to materialize.

Despite public support for expungement and clemency programs, bureaucratic slowdowns, political hesitancy, and systemic racism continue to block meaningful progress. In the United States alone, it’s estimated that over 40,000 people are still serving time for cannabis-related offenses. In Canada, though recreational cannabis was legalized in 2018, many are still burdened by criminal records that restrict employment, housing, and travel—even for minor, decades-old offenses.

As North America reaps the rewards of the so-called “Green Rush,” a critical question remains: How can we celebrate legalization while leaving so many victims of past policies behind?

United States: Over 40,000 Still Behind Bars

Despite the legalization of cannabis in numerous states, the United States continues to incarcerate a significant number of individuals for marijuana offenses. Estimates suggest that over 40,000 people remain incarcerated for cannabis-related charges, encompassing federal, state, and local facilities.

In federal prisons alone, approximately 2,700 inmates are serving sentences for marijuana-related offenses. This figure does not account for those in state prisons or local jails, where the majority of cannabis-related incarcerations occur.

The complexity of the U.S. criminal justice system, with its myriad of federal, state, and local jurisdictions, complicates efforts to obtain precise data. Moreover, individuals often face multiple charges, making it challenging to isolate cannabis-specific incarcerations.

Canada: A Shift Towards Reform

Canada legalized recreational cannabis in 2018, leading to a significant decrease in cannabis-related arrests and convictions. While precise current incarceration figures are scarce, the country's approach has shifted towards decriminalization and expungement.

The Canadian government has implemented measures to pardon individuals with past simple possession convictions, aiming to rectify historical injustices associated with cannabis prohibition.

The Disparity Between Legalization and Incarceration

The ongoing incarceration of individuals for cannabis offenses, despite widespread legalization, highlights a significant policy inconsistency. Advocates argue that it's unjust for people to remain imprisoned for actions that are no longer criminalized.

Efforts are underway to address this disparity. Organizations like the Last Prisoner Project are actively working to release those incarcerated for cannabis offenses and to expunge their records 

The Path Forward

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Addressing the legacy of cannabis prohibition requires comprehensive policy reforms, including:

• Expungement Initiatives: Implementing widespread expungement of past cannabis convictions.

• Clemency Programs: Establishing clemency programs to release individuals incarcerated for non-violent cannabis offenses.

• Equitable Legalization: Ensuring that legalization efforts include provisions to rectify past injustices and prevent future disparities.

  
  

As North America continues to embrace cannabis legalization, it's imperative to align current laws with past enforcement, ensuring justice for those still affected by outdated policies.