Between 2008 and 2019, legalization was associated with 561 fewer arrests per 100,000 for Black adults versus 195 fewer for White adults, but racial disparities in arrest rates persisted even after policy changes.
Criminal justice reformers, cannabis policy researchers, racial equity advocates
Legalization was associated with 561 fewer arrests per 100,000 for Black adults vs. 195 for White adults
What the researchers found
Using arrest data from 43 states (2000-2019), legalization and decriminalization both substantially reduced cannabis arrests for Black and White adults and youth, but racial disparities in arrest ratios persisted over time, while states without policy changes saw increasing disparities.
Why it matters
While legalization dramatically reduced absolute numbers of cannabis arrests for all racial groups, the persistent disparity gap suggests that policy change alone is insufficient to address racial inequity in enforcement.
The numbers in context
43 states analyzed; 2008-2019 comparison; legalization: 561 fewer arrests/100K for Black adults, 195 fewer for White adults; decriminalization: 448.6 fewer for Black, 117.1 fewer for White adults; no-change states: only 47.5 fewer for Black, 33.0 fewer for White adults; racial disparities persisted in all categories.
How the study worked
Case-control event-study analysis using Uniform Crime Reporting Program arrest data and SEER population data from 43 U.S. states (2000-2019), comparing pre- and post-implementation differences in arrest rates across legalization, decriminalization, and no-change states.
What this study cannot tell us
Arrest data may not capture all enforcement actions; state-level analysis may mask county or city-level variation; cannot control for all confounders affecting arrest patterns; UCR data has known reporting limitations.
How to read the evidence
Large multi-state event-study analysis using national data over 20 years, providing strong observational evidence.
When this study was published
Data from 2000-2019 across 43 U.S. states.
The bigger picture
The finding that racial arrest disparities increased in states without cannabis policy changes, while persisting even in states with legalization, suggests that cannabis policy reform is necessary but not sufficient for achieving racial equity in the criminal justice system.
Questions still open
- What additional interventions beyond legalization could reduce racial disparities in cannabis enforcement? Do arrest disparities reflect broader patterns of racially disparate policing?
Common questions
Does legalization fix racial disparities in cannabis arrests?
How much did legalization reduce arrests?
Read the original research
Association of Racial Disparity of Cannabis Possession Arrests Among Adults and Youths With Statewide Cannabis Decriminalization and Legalization.
JAMA health forum, 2(10), e213435
Citation
Sheehan, Brynn E; Grucza, Richard A; Plunk, Andrew D. (2021). Association of Racial Disparity of Cannabis Possession Arrests Among Adults and Youths With Statewide Cannabis Decriminalization and Legalization.. JAMA health forum, 2(10), e213435. https://doi.org/10.1001/jamahealthforum.2021.3435