Two Americas, One Plant

The Lingering Shadow: How Prohibition-Era Cannabis Charges Still Shape Lives in Legal Times

Legalization Without Liberation

Cannabis is now legal in 38 states. Medical programs serve millions, dispensaries operate like standard retailers, and the cannabis industry generates billions in tax revenue. Entrepreneurs in cannabis are featured in magazines and praised for innovation. But for over 6 million Americans, legalization has not erased the past. Criminal records tied to nonviolent cannabis offenses continue to block access to employment, housing, education, and financial opportunities. These barriers persist even while cannabis becomes a mainstream business, creating a divide where some profit while others remain punished.

Arrests That Never Ended

Since 1965, the United States has made over 29 million cannabis-related arrests, the vast majority for possession rather than trafficking. The legacy of these arrests continues to shape lives decades later. Employers, regardless of current cannabis laws, still rely on background checks that penalize past cannabis use. The scale of exclusion is stark:

• 29+ million cannabis-related arrests since 1965

• 88% of those arrests were for simple possession

• 6.1 million people still carry cannabis-related charges

• 71% of employers conduct background checks

• 43% of employers automatically disqualify candidates with drug-related charges

Industries such as education, healthcare, finance, public service, and logistics often reject qualified applicants based solely on cannabis-related records, even if the offense occurred years ago in a now-legal state.

Locked Out of Housing, Education, and Licensing

Cannabis-related charges also significantly restrict access to housing, higher education, and professional licensing. Many landlords and public housing authorities deny rental applications due to criminal records, creating widespread housing instability. Lenders may also scrutinize past charges in mortgage approvals. Meanwhile, students and working professionals face ongoing discrimination in academia and licensure. The data reflects the systemic nature of these barriers:

• 67% higher rejection rate for rental housing among applicants with cannabis charges (NLIHC, 2023)

• Students with drug convictions may lose federal financial aid, grants, and work-study eligibility

• Professional licensing boards in multiple industries routinely deny or delay licenses due to cannabis history

• Some legal cannabis industry jobs still exclude applicants with past cannabis charges

These exclusions impact career paths, financial independence, and long-term stability for thousands of individuals every year.

Expungement Progress and Federal Gaps

Several states have made strides in expunging cannabis convictions. Expungement can offer a fresh start, but participation rates are often low, and the process can be slow and incomplete. While progress is measurable, so are the limitations:

• California: Over 200,000 cannabis convictions expunged

• Illinois: More than 700,000 records cleared

• New York: Over 160,000 marijuana-related charges expunged

Despite these efforts, many programs are petition-based and require navigating complicated legal systems. Some only apply to possession offenses and exclude individuals with multiple or related charges. Additionally, federal law remains unchanged. Cannabis is still classified as a Schedule I controlled substance. This creates consequences in areas such as:

• Federal employment

• Security clearances

• Immigration and citizenship applications

Even expunged state-level records can still appear in federal background checks, leaving many people exposed to ongoing legal and professional risk.

Equity Requires More Than Industry Access

Social equity programs aim to address these disparities by providing priority licensing, fee waivers, capital access, and community reinvestment. While well-intentioned, they often struggle to deliver on their promises due to:

• Limited funding and capacity

• Complex eligibility requirements

• Dominance by well-capitalized operators

At the same time, many people impacted by prohibition turn to entrepreneurship. They build businesses, consult, or freelance to bypass hiring discrimination. But even this path presents challenges. Business loans, commercial insurance, and licensing often involve background checks that penalize past convictions. The broader cost of exclusion is substantial. According to a 2024 Brookings Institution report:

• Cannabis-related discrimination costs the U.S. economy $17 billion annually in lost productivity and consumer spending

• Communities with high arrest rates see slower economic growth and reduced business development

True justice requires more than cannabis legalization. It demands structural reform that removes barriers, restores rights, and invests in communities that paid the highest price during prohibition.

Where Do We Go From Here?

Legalization has transformed cannabis from a criminal offense into a booming business, but it has not yet delivered on the promise of equity and justice. Millions of people remain locked out of the legal economy due to past cannabis convictions, while others build wealth in the same market. Record expungement, employment protections, housing access, and licensing reform are necessary next steps, alongside aligning federal laws with state policy. Tax revenue from legal cannabis should fund reinvestment in the communities that were most targeted during the war on drugs. As the cannabis industry grows, the critical question remains: Will the people most harmed by prohibition ever have a true place in the legal future built on the very plant that criminalized them?

The Weight of Paper: How one charge became a life sentence

This week, we're continuing our narrative exploration series. An archetypal story inspired by the real experiences we witness across cannabis communities - one man's journey that reflects patterns we see everywhere in this space, especially among those who carried charges long before the plant became profitable.

This is our approach to honoring authentic stories while protecting individual privacy. Taking the lived experiences shared within cannabis culture and weaving them into composite narratives that speak to broader truths.

If you've been following our journey, you know we believe the most powerful cannabis stories are the ones that show us how prohibition's legacy still shapes lives, even in legal times.

This is one of those stories.

Meet Damon Williams

Damon Williams, 22 - The Student Pre-law major, Dean's list, first in his family headed to law school "I thought the hardest part would be the LSAT. I was wrong."

The Night That Changed Everything

Damon was three weeks away from graduating summa cum laude with a degree in Political Science. He was pre-law, had a strong LSAT score, and had already received law school acceptances. His parents had booked their flights for graduation.

One quiet Tuesday night, while studying for a final, his roommate returned with friends and a small bag of cannabis. They decided to unwind together. Just before midnight, campus security knocked on the door in response to a smell complaint. They found less than a quarter ounce, a grinder, and a few students who admitted to having it.

The school police called local authorities. By morning, Damon had been charged with possession of a controlled substance.

"I thought it was like a speeding ticket," he recalls. "I didn’t realize I was about to lose everything I’d worked for."

When the First Door Closed

Damon disclosed the charge during his law school character and fitness review. He assumed transparency was best. His academic and volunteer record was impeccable.

Still, the admissions office withdrew their offer.

"After careful consideration… we must withdraw our offer of admission," the letter read. One paragraph undid four years of excellence.

Stuck in the Employment Maze

With law school no longer an option, Damon applied for political and nonprofit jobs. His GPA was high. He had interned at a congressman’s office.

His case was still pending, so he answered "no" to conviction questions. But background checks revealed the arrest every time. He was consistently passed over.

"Classmates with lower GPAs landed jobs I couldn’t even get interviews for," he says. "That charge followed me everywhere."

Blocked from the Classroom

Damon pursued a teaching certificate. He hoped to work in education and use his skills to inspire students. He finished the program, received excellent reviews, and was recommended for a position at a high-need school.

The school wanted to hire him. But the background check disqualified him.

"We regret to inform you..." the letter began again.

A nonviolent cannabis charge kept him from teaching students about the Constitution he had studied so closely.

Building His Own Path

Unable to find work, Damon began tutoring LSAT students. He had scored in the 95th percentile himself. His students excelled. Referrals grew.

He formalized his services into a business and expanded into college application consulting. His focus became helping first-generation and underrepresented students navigate the same systems that had failed him.

The Business Grows

His firm became a multi-state college prep program. He hired staff, built curriculum, and helped hundreds of students get into top universities. He created scholarship opportunities and offered accessible prep services.

But the old charge still affected him. Business loans, speaking engagements, and licensing applications required disclosures. Even fifteen years later, the arrest appeared on background checks.

A Charge That Never Became a Conviction

After three years of hearings and legal fees, Damon’s case was dismissed due to a procedural error. The evidence had been improperly obtained. The charge was dropped.

Still, the arrest remained on his record. Every background check still raised flags. Every application required another explanation.

"Legally, it was like it never happened," Damon says. "But professionally, it never went away."

Why His Story Still Matters

Damon’s experience reflects the long-lasting impact of prohibition-era enforcement. Many young people with similar charges lost scholarships, jobs, and careers. While cannabis is now legal in many states, the people harmed by its criminalization are often left behind.

His story also illustrates why expungement and record-clearing efforts are so important. Without them, the consequences of past cannabis enforcement continue to shape lives, long after the laws have changed.

Damon's firm now works with over 2,000 students annually. He has written a book on college access, speaks nationally on educational equity, and advocates for cannabis justice. His program has a 97% college acceptance rate.

"I used to be angry about the doors that closed," he says. "Now I focus on the ones I opened. But no one should have to fight this hard just to move forward."

The Bigger Picture

Damon's success is inspiring, but it shouldn’t take years of struggle to undo the damage of a minor cannabis charge. His story is one of resilience. It’s also a cautionary tale about the cost of systems that punish disproportionately and forgive slowly.

He succeeded despite the system, not because of it. That shouldn't be the standard anyone is expected to meet.

Cannabis Expungement: The Progress, the Problems, and the Path Forward

From the early 2000s through the mid-2010s, millions of Americans were arrested for cannabis possession, often for minor amounts. Between 2001 and 2010 alone, there were over 8.2 million marijuana arrests across the U.S., with 88% for simple possession. These arrests fell disproportionately on communities of color. Black individuals were more than three times as likely to be arrested as white individuals, despite similar usage rates.

At the height of enforcement, states like New York and Florida led the charge. New York City's aggressive stop-and-frisk tactics fueled tens of thousands of low-level marijuana arrests each year. In Florida, possession over 20 grams triggered a felony charge, punishable by up to five years in prison. Alabama and Tennessee still criminalize small amounts, with repeat offenses classified as felonies and mandatory minimum sentencing in place.

This pattern created a legacy of lasting harm. A single possession charge, even without jail time, could block access to jobs, housing, education, and professional licenses for years or decades. In many cases, people served their probation or community service but remained stuck with a permanent record.

Legalization Arrives, Expungement Lags

Colorado and Washington legalized recreational cannabis in 2012, but neither initially addressed the records of people previously convicted for activities that were now legal. California’s 2016 legalization included limited relief, but a comprehensive expungement framework didn’t arrive until AB 1793 passed in 2018. That law ordered the state to identify and clear eligible cannabis convictions between 1975 and 2016.

Following California’s lead, other states expanded their efforts. Illinois’ 2019 law created automatic and petition-based expungement paths, ultimately clearing more than 780,000 records. New Jersey’s 2021 reforms led to over 360,000 dismissals or vacated cases. In Missouri, over 100,000 cannabis-related convictions, including thousands of felonies, have been expunged. States like Virginia, New York, and Connecticut also reported tens to hundreds of thousands of cleared records.

The Bureaucratic Hurdles

Despite the promise of automatic expungement, the process often falls short in practice. Individuals must still navigate outdated databases, missing paperwork, and legal jargon. Charges from over a decade ago may be buried across court systems in multiple jurisdictions. Some people are told their records are eligible, only to discover inconsistencies between state and local agencies. Even when expungement is granted, private background check companies often continue to display outdated information. Correcting this requires contacting each company individually, sending documentation, and waiting for updates.

In states with petition-based systems, the challenges multiply. Individuals must gather old court documents, submit detailed applications, and sometimes attend hearings. This can be a months-long process, often without legal representation. Those without internet access or legal literacy are left behind. For many, the system is technically accessible but practically unreachable.

The Two Americas of Cannabis Policy

While some states have taken steps toward cannabis justice, others have doubled down on criminalization. In Alabama, a second cannabis possession charge is a felony with mandatory prison time. In Tennessee and Georgia, small amounts still lead to criminal records. Meanwhile, across state lines, identical behavior might result in a cleared record and job opportunities in the cannabis industry. This creates a stark contrast: in one state, people are profiting from cannabis; in another, they're still going to prison for it.

This disparity continues to shape lives. People with outdated charges are still being denied jobs, licenses, and housing. Even after record clearing, the psychological toll remains. Many still hesitate to apply for jobs that require background checks, afraid of being judged or rejected again.

Community Solutions Where the State Falls Short

In response, legal clinics and advocacy groups have stepped in. In New Jersey, community-led expungement clinics have helped hundreds navigate the system. Sponsored by cannabis companies and staffed by attorneys and volunteers, these clinics offer hands-on assistance with paperwork, document retrieval, and follow-ups. Many also provide employment support and financial counseling to help people take full advantage of their cleared records.

These grassroots efforts have been especially effective in reaching people who may distrust government programs, have limited internet access, or live in underserved areas. They reflect a simple truth: record clearing alone isn’t enough. People need support throughout the process and afterward, especially if they’ve been locked out of opportunity for years.

The Employment Gap and the Real Test

For most, expungement is about more than a clean record. It’s about access to real opportunities. But the gap between legal reform and lived experience remains wide. Job offers have been rescinded while people waited months for application updates. Background check databases often lag behind official court decisions. Even after records are cleared, some still find themselves explaining their past to employers and colleagues, trying to shake the stigma that lingers after a criminal conviction.

Success stories do exist. Many who finally get their records cleared are able to access jobs, education, and housing that were previously out of reach. They describe a sense of freedom and the ability to participate fully in society again. But those successes are hard-won and often delayed far longer than necessary.

What Expungement Reveals and What It Can’t Fix Alone

Cannabis expungement efforts have made significant strides. But they also highlight deep flaws in how we approach criminal justice reform. The promise of “automatic” expungement has often meant navigating slow, fragmented systems. In too many cases, individuals must advocate for themselves in systems not designed to support them.

Several lessons stand out:

• Public awareness is still too low. Many eligible individuals don’t know they qualify for relief.

• Petition-based systems are less effective. States with automatic review process far more cases, faster.

• Databases must sync in real time. Delays between court orders and background check updates continue to cost people jobs.

• Expungement is a starting point. Reintegration programs must offer more than legal clearance. They need to connect people to employment, education, and housing support.

As states continue to legalize cannabis, and as federal reform inches forward, these lessons matter more than ever. True justice means more than clearing records. It means dismantling the structures that punished people unfairly in the first place and building systems that let them rebuild without delay.

Cannabis expungement shows what’s possible. But for now, it also shows how much work remains.

📡 Off The Radar…

Cannabis news never stops. Headlines pile up, announcements land daily, and the pace can feel relentless. Rather than add to the noise with another roundup, we’re choosing a different path right now.

We’re taking a step back from curation to focus on creating a space that feels more alive and more connected to you, our readers. Instead of just sending articles your way, we want to build conversations, highlight stories that resonate, and open the door for more direct engagement.

This moment is about shifting from collecting news to shaping dialogue. We want to know what you’re seeing, what you’re experiencing, and what you think deserves the spotlight. Your voice is as much a part of this landscape as any headline.

In the weeks ahead, you’ll see us experimenting with new ways to share, listen, and connect. Our goal is to make this platform not only informative but also participatory something that evolves with you, not just for you.

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