Black History Month: Cannabis Rescheduling Isn’t Enough

Black History Month Reflection Highlights How the War on Drugs Followed Civil Rights Gains and Disproportionately Harmed Black Communities

Every Black History Month, Americans are encouraged to reflect on progress toward racial justice and to honor resilience in the face of systemic inequality. That reflection includes not only landmark civil rights victories, but also the policies that followed—including the decadeslong war on drugs, which critics say was used to police, punish and destabilize Black communities under the banner of public safety.

This year’s observance comes amid renewed momentum in cannabis policy reform at the federal level, prompting both celebration and calls for deeper accountability.

President Donald Trump’s Move to Reschedule Marijuana Signals Policy Shift but Leaves Past Convictions Untouched

President Donald Trump’s decision to move forward with rescheduling marijuana under federal law marks a significant shift in how the drug is treated under the Controlled Substances Act. Supporters argue the change acknowledges that cannabis does not belong in the same category as the most dangerous substances in the federal criminal code—a classification long criticized for fueling racially disproportionate arrests and prison sentences.

Advocates say the move deserves recognition. But they also stress that rescheduling, while forward-looking, does not address the thousands of people still incarcerated or living with criminal records tied to past marijuana convictions.

Rescheduling would not automatically free anyone from prison, expunge records or directly repair harms caused by decades of prohibition.

Former Federal Cannabis Prisoner Says Legal Industry Growth Stands in Stark Contrast to Ongoing Incarceration

Stephanie Shepard, now executive director of Last Prisoner Project, served nearly ten years in federal prison for a first-time, nonviolent cannabis offense more than a decade ago.

Shepard says the transformation of cannabis laws after her release was jarring. By the time she returned home, licensed dispensaries were opening across the country, investors were entering the market and elected officials were celebrating the end of prohibition in many states.

Meanwhile, she notes, many individuals convicted under earlier laws remained incarcerated, and millions more continued to face barriers to employment, housing, education and voting because of past convictions.

That contrast, she argues, underscores a central tension in modern cannabis policy: legalization has generated opportunity and tax revenue, but relief has not been applied evenly to those most affected by prohibition.

Data Continue to Show Racial Disparities in Marijuana Arrests Despite Similar Usage Rates

Advocates emphasize that the war on drugs has long functioned as a racial justice issue. For decades, Black and Brown communities were disproportionately targeted for marijuana enforcement, despite research showing similar usage rates across racial groups.

Black Americans remain significantly more likely to be arrested for marijuana possession than their white counterparts. Those arrests often led to convictions carrying lasting consequences, including incarceration and long-term restrictions on economic and civic participation.

At the same time, cannabis has evolved into a multibillion-dollar legal industry in many states, generating public revenue and private profit.

Advocates Argue True Cannabis Justice Requires Retroactive Relief, Expungement and Reentry Support

Reform advocates say policy changes must extend beyond rescheduling or legalization to include retroactive relief for people serving sentences that would not be imposed under current laws.

They are calling for automatic expungement of eligible records, expanded clemency efforts and meaningful reentry support for individuals returning home after incarceration.

Through the Last Prisoner Project, Shepard works with incarcerated individuals seeking legal relief, as well as families affected by cannabis-related imprisonment. The nonprofit provides direct legal representation, supports clemency petitions and helps formerly incarcerated people access housing, employment and other essential services.

According to Shepard, many of the people her organization assists were convicted of nonviolent offenses tied to an underground market created by prohibition itself. While lawmakers increasingly acknowledge flaws in past cannabis policies, she says those admissions have not yet translated into comprehensive relief.

As Cannabis Industry Profits Grow, Calls Increase for Corporate Participation in Repairing Prohibition’s Harms

Advocates also argue that companies benefiting from legal cannabis markets have both an opportunity and a responsibility to contribute to repairing the harms caused by prohibition.

They point to partnerships, funding support and public advocacy as ways the industry can help expand access to legal representation, family support services and reentry programs.

As Black History Month prompts reflection on freedom and equality, Shepard and other advocates say the conversation must include those still incarcerated for conduct that is now legal in much of the United States.

They argue that progress should not be measured solely by regulatory changes or new business opportunities, but also by whether individuals affected by past enforcement are given meaningful pathways to relief and restoration.