Activist: Automatically expunging cannabis convictions is step toward equity, but 'not far enough'
Tens of thousands of Minnesotans are getting past drug crimes wiped from public record, thanks to the same law that legalized recreational cannabis on Tuesday.
Low-level marijuana convictions are being automatically expunged by law enforcement, and higher-level sentences will be reviewed by a Bureau of Criminal Apprehension-led expungement board.
Elizer Darris — community leader, business owner and motivational speaker — was a guest on Morning Edition. As a juvenile, he spent time in prison but later had his life sentence reversed on appeal. Since then, he’s worked to end mass incarceration in Minnesota and around the country.
“I advocate for any laws, policies, or any movements that would be criminalized and that would allow people the opportunity to step into day-to-day life without being chained down,” Darris said. “Because of that, I recognize the impacts that the War on Drugs have within my community and advocate in order to help to reverse some of those harms.”
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Black Minnesotans are 5.4 times for more likely to be arrested for marijuana possession than their white counterparts, despite similar rates of use, according to data from the American Civil Liberties Union.
Darris says the legalization of marijuana for recreational use is a step toward equity, but says more action is needed to right past wrongs.
“Clearly, we need to continue to go further,” Darris said. “The very mechanism that many businesses, corporations and individuals are about to find their wealth with, it’s the same mechanism that very strategically perniciously wreaked havoc within our community.”
Many convictions mean exclusion from federal benefits, like Pell Grants for secondary education.
“We’re talking about the ability to go to college to advance your life. And as many of you who would have applied for that type of assistance to go to college would have read right on the application itself. It says if you have a drug conviction, do not apply,” Darris said.
Also under consideration: The difficulty of landing a job due to background checks.
Darris says this is particularly important when former drug users are unable to be hired or barred from licensure to help people struggling with substance abuse, despite “probably [being] in the best position to help others escape the throes of addiction.”
Before Aug. 1, the onus was on the individual to get marijuana convictions expunged, which took several months and carried a financial burden. Darris called the new automatic expungement “outstanding” as it shifts that responsibility to the government.
He’s advocating for some resources and tax revenue that will emerge from the business of marijuana to go toward restorative justice programs and investments in minority communities most impacted by the War on Drugs.
“Attempting to right some of these wrongs is a step in the right direction, Darris said. “It’s not far enough.”