In 2024, the U.S. cannabis industry is soaring with a projected economic impact of $112.4 billion, while approximately 40,000 people remain incarcerated for cannabis offenses. This contradiction demands reform for individuals like Edwin Rubis, Michael Thompson, and many other people who’ve been punished for possessing ‘weed’ or ‘za’ while cannabis is a profitable industry. Even people like Richard DeLisi have past convictions that continue to shackle their lives.

Advocacy groups like 40 Tons, Free My Weedman, and The Last Prisoner Project are fighting to dismantle this injustice. By exploring the racialized roots of the “reefer” and confronting outdated laws, we are reminded why freeing nonviolent cannabis offenders is true social justice and reform. While cannabis profits fund public initiatives, support job growth, and boost local economies, some people remain behind bars for actions now deemed legal. 

Cannabis, From Stigma to Incarceration

The roots of cannabis criminalization come from racially charged narratives in the early 20th century. Back then, the plant was deliberately associated with communities of color to justify legal restrictions. In the 1930s and 1940s, media outlets like the New York Times published over 50 articles linking cannabis to violent crime, crafting a fear-driven narrative filled with harmful stereotypes. This stigmatization fueled harsh penalties, disproportionately affecting marginalized people and leading to the mass incarceration of nonviolent cannabis offenders. 

However, cannabis retail sales in the legal market are projected at around $32.1 billion this year, with expectations to hit $58 billion by 2030. This economic boom benefits states that have legalized it because tax revenues contribute to various public programs. Yet, many individuals remain incarcerated for nonviolent cannabis sales, underscoring the urgent need for prison reform.

"Reefer Madness" Still Impacts Modern Medicine

The 1936 film Reefer Madness epitomizes fear-mongering tactics, funded initially by a church group and later adopted by the Federal Bureau of Narcotics. The film dramatized fabricated scenarios of young people allegedly succumbing to the plant’s dangers, with the fictitious stories showing up in newspapers and magazines. This propaganda created fear that led to restrictive policies and entrenched misconceptions. Such narratives added layers of cultural stigma around cannabis, reinforcing misconceptions that later justified the incarceration of nonviolent users, even in 2024. 

Yet, this narrative has been widely discredited by subsequent research, including a 2010 study published in the Journal of Psychopharmacology, which found no correlation between cannabis use and violent crime. In fact, many states have profited greatly from the plant without a related uptick in violence. 

Just last year, California collected just over $1 billion in cannabis tax revenue, while Washington state brought in $532 million. Illinois, Michigan, Arizona, Colorado, and Massachusetts also have significant revenue from the plant.  But in the same year, the U.S. recorded over 200,000 arrests related to cannabis, with the vast majority (84%) involving possession alone. As legalization spreads nationwide, policy reforms must address outdated cannabis laws to align with modern public opinion and current economic trends.

Harry Anslinger and The Marihuana Tax Act of 1937 

Back in 1937, Harry J. Anslinger, the first commissioner of the Federal Bureau of Narcotics, was a key figure in cannabis stigmatization. He claimed that "There are 100,000 total marijuana smokers in the U.S., and most are Negroes, Hispanics, Filipinos, and entertainers. Their satanic music, jazz, and swing result from marijuana use.” 

Anslinger played a pivotal role in spreading false claims about cannabis as he linked it to crime and insanity, mainly targeting minority communities. His campaign established a legal framework rooted in fear and prejudice, shaping cannabis policy and public perception in ways that still influence today’s discourse. The Marihuana Tax Act of 1937 did not criminalize cannabis outright but effectively restricted its use by imposing heavy taxes and creating legal risks. The restrictive taxes set the stage for a nationwide crackdown. 

Decades of Cannabis Criminalization

Harry Anslinger leveraged his authority and racially charged rhetoric to spur many states to enact strict anti-cannabis laws. Throughout the 1940s and 1950s, media and public education campaigns further reinforced these messages. Crime dramas and police-sponsored films cast cannabis users as threats to society, embedding a lasting stigma around cannabis that drove criminalization. This disproportionately impacts marginalized communities to this day. 

The 1950s marked a significant escalation in punitive measures against cannabis. The Boggs Act of 1951 introduced mandatory minimum sentences for drug offenses, while the Narcotics Control Act of 1956 imposed even harsher penalties. It introduced that first-time cannabis offenses could lead to 10 years in prison. By 1960, these laws had firmly and deeply associated cannabis with criminals.

The era’s harsh policies set a precedent for the War on Drugs, further criminalizing nonviolent offenders, many of whom remain incarcerated despite shifting societal views on legalization. Fueled by Anslinger’s exaggerated claims, the urgency to address the Acts’ lingering impact on nonviolent offenders has grown as national legalization efforts make progress.

Using Cannabis for Fear, Stigma, and Control

Approximately 40,000 individuals remain incarcerated on cannabis charges, especially where states have not implemented automatic expungement processes. Many companies and state agencies use the cheap labor of the incarcerated to reduce costs and increase profits. Notable private corporations and state-run industries like Arizona Correctional Industries make a ton of money with the latter reporting $46.5 million in revenue in 2020.

Annually, the prison labor economy is estimated to contribute between $2 billion and $10 billion. This includes work in a variety of fields, from manufacturing and agriculture to facility maintenance. Inmates earn very little, averaging between $0.13 and $0.52 per hour, with some states paying nothing at all for prison labor. Taxes from cannabis sales can help alleviate the need for free labor from prisons. 

The Tax Foundation estimates that full federal legalization of cannabis could produce $28 billion in annual tax revenue, including federal, state, and local sources. This potential revenue could fund public services, offset enforcement costs, and support prison reform programs in communities disproportionately affected by past cannabis laws​. 

Today, advocacy groups look for funding with support for bills like the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which includes provisions for expungement. Advocates hope for continued momentum to reduce the criminalization of cannabis and address these disparities. Allotting funds towards expungement and community reinvestment makes a difference because it addresses the racial and social disparities caused by decades of punitive drug laws. 

Evolving Perceptions, Unyielding Prison Sentences

Jumping back to the 1960s and 1970s, cannabis emerged as a symbol of counterculture and rebellion. This era prompted a re-evaluation of cannabis, though the 'stoner' stereotype led to mixed public perceptions that continue to influence legalization debates in 2024. The social, legal, and cultural norms established from 1937 to 1960 cemented a powerful stigma around cannabis, even as “hippie” movements began to challenge these views in the decades that followed.

In 2024 disparities continue, especially among communities of color, who face disproportionately high rates of arrest and sentencing. Roughly 360,000 individuals remain incarcerated for drug offenses, including those related to cannabis, with cannabis possession making up a substantial portion. The combination of strict drug laws, low prison wages, and high costs for basic needs burdens incarcerated individuals and their families, even as the economic benefits of legal cannabis sales become increasingly apparent in legal states.

Punishment vs. Profit 

The War on Weed began in the 1970s under President Nixon, who declared drug abuse “public enemy number one.” The 1970 Controlled Substances Act classified cannabis as a Schedule I drug, equating it with heroin and labeling it as having a high potential for abuse and no accepted medical use. This classification led to even more widespread criminalization, disproportionately impacting minority and low-income communities who often faced severe prison sentences.

These disparities highlight the contrast between the profitable legal cannabis industry, generating $20 billion in tax revenue, and the lingering impact of nonviolent cannabis offenders still serving time. While the advocacy groups call for reform, argue for reinvestment in communities of color, and fight for the just due of incarcerated individuals, people from other industries have monopolized cannabis as best they can. 

Policies Intensify Criminalization

Cannabis was the primary focus when the DEA was established in 1973. Nixon’s policies were further intensified under the administrations of Reagan and Bush, which expanded mandatory minimum sentences and launched anti-drug campaigns. This led to a sharp rise in cannabis-related arrests and incarceration, creating a lasting legacy of strict, punitive policies that continue to influence social justice and legalization efforts even today. 

By 2030, legal sales could top $58 billion, driven by expanding legalization in more states and increasing consumer demand. The stark disparity remains considering the expenses of incarcerating nonviolent cannabis offenders, which can range between $30,000 and $60,000 annually per individual. An expense footed by taxpayers, that could be reduced if policies allotted cannabis tax revenue to cover the costs.

Breaking Free from Reefer Madness

In 2024, the legacy of the Reefer Madness era shapes everything from state laws to public health narratives. The stigma established has complicated efforts to promote an understanding of cannabis, even though the public’s opinion has shifted. Recognizing the historical roots of these negative implicit associations is critical for eliminating outdated perceptions that remain a barrier to prison reform. Keeping nonviolent cannabis offenders behind bars even as society moves toward legalization is hurting our industry. 

With California bringing in $4.3 billion in 2023, and the five earliest-legalized states reaching a peak of $2.78 billion in 2022, cannabis tax revenue has outpaced taxes collected from both alcohol and tobacco in many cases, illustrating the industry’s growing contributions. But only a few states like Maryland and Missouri, have also taken steps toward expunging past cannabis offenses, addressing historical injustices. 

Understanding the complex and evolving implicit associations of cannabis is a must for meaningful reform because as legalization grows, the urgency to address outdated convictions needs to happen quickly. Especially for those still serving time for “crimes” that are legal in many parts of the U.S. Only by moving beyond these prejudices can society truly support social equity, release nonviolent offenders, and redress the harms caused by past policies.