The Grass Is Not Always Greener: How the Legalization of Recreational Cannabis Across the United States Is at Odds with Incarceration and Continued Punishment

Authors

Marc Sendra, Washington and Lee University, School of LawFollow

Abstract

Whether you call it Mary Jane, skunky funky, green, ganja, reefer, or just plain-old cannabis, this special green plant doused in purple and orange accents has become a popular topic of discussion within the legal community and American culture. Cannabis has been held in “high” regard for its scientific advances in the medical industry, alongside its recreational usage, enjoyed by laughs and giggles, munchies, and plenty of water, leading to a wave of medical and recreational legalization.

Incentives for legalization come at the onset of promising medical research, economic growth motives, and social justice, reflecting upon a comprehensive approach that seeks to address the injustices of past criminalization. However, regardless of its legalization, the burden of punishment and suffering has yet to be alleviated. Some states still house recreationally legal. Other states further include incarcerated individuals whose sentencing length included past conduct for simple possession prior to being legal. Although the Executive Branch has responded by pardoning individuals for simple possession, incarcerated and freed Americans are still being punished at the federal level through sentencing discrepancies. Thus, there are many questions to be asked and potential solutions to be addressed when pushing for recreational legalization across the United States, further encompassing states where it is already legal. As the push for recreational cannabis becomes more prevalent within the United States, these problems will predictably build upon themselves and be an ongoing conversation while seeking a solution for years to come. Even those who have been fully pardoned with expunged criminal histories face challenges in this new world after being targeted and unjustly spending years behind cold prison bars. This paper seeks to shed light on those issues and address a solution in the interest of social justice to alleviate further punishment on those within states where cannabis is now recreationally legal and address the injustices within state and federal prison systems.

The world of recreational cannabis still has its issues, and advocates for its push toward legalization cannot sing Kumbaya just yet. There is still plenty of work to be done. Regardless of its legalization, the grass is not greener on the other side. At least not yet.

Recommended Citation

Marc Sendra, The Grass Is Not Always Greener: How the Legalization of Recreational Cannabis Across the United States Is at Odds with Incarceration and Continued Punishment, 31 Wash. & Lee J. Civ. Rts. & Soc. Just. 347 (2025).
Available at: https://scholarlycommons.law.wlu.edu/crsj/vol31/iss1/9