I support move by SC’s Mace to decriminalize marijuana, former U.S. attorney writes

In 2010, I was sworn in as the U.S. attorney for the District of South Carolina after decades of practice in both public and private criminal defense, so I have seen the ineffectiveness and harms of cannabis prohibition from both sides of the courtroom.

I have also seen the harm medical marijuana could have prevented in communities across South Carolina ravaged by the opioid crisis.

By federally decriminalizing cannabis, Rep. Nancy Mace’s States Reform Act could be the stopgap that prevents future harms from happening.

An overwhelming majority of Americans want to see an end to the federal prohibition of cannabis—especially for medical use—and 36 states now have some form of a regulated market to allow its use.

Even with that reality, our state and local law enforcement agencies still arrest almost 11,000 South Carolinians each year for mere possession of marijuana.

This burdens these individuals—many of whom are young adults—with the barriers that come with a criminal record, impacting their ability to secure employment, housing, and education for the rest of their lives.

It is common knowledge that these burdens are disproportionately imposed on communities of color — nationally and in South Carolina.

In 2020, the ACLU found that even though Black and white individuals use marijuana at similar rates, Black individuals are more than 3.6 times more likely to be arrested for marijuana possession.

Here in South Carolina, there are counties that have double and triple that severity of an arrest disparity.

This isn’t limited to our state, either.

In addition to federally decriminalizing marijuana and allowing states to follow their own path for legalization, the States Reform Act follows the lead of reforms adopted by red and blue states across the country by including common-sense criminal justice reforms that ensure our limited justice system resources are focused on those who pose a true public safety risk.

For starters, it will provide individuals previously convicted of nonviolent marijuana offenses with an opportunity to have their sentences reduced while creating opportunities for those who are saddled with a criminal record—but pose little risk to society—an opportunity to move on from the shadow of their criminal record.

It is time for our leaders in Washington and Columbia to respond to the demands of their citizens and end this injustice.

I believe that Rep. Mace is doing just that by introducing the States Reform Act.

This is compromise and working together, which is what democracy looks like. I am thrilled to see that ending our outdated federal policies on cannabis is another opportunity for collaboration between those who might vigorously disagree on other policy issues.

It is encouraging to see a growing consensus among members of both parties in Congress that cannabis reform at the federal level must be comprehensive and that it must be bipartisan.

Merely ending federal prohibition alone will reduce future arrests, but it will not help individuals and communities harmed by decades of prohibition.

The justice reforms included in the States Reform Act reflect that reality and provide individuals with a pathway to becoming full members of society and a force for good in their neighborhoods free from the restraints imposed by a criminal record.

I urge members of both parties to continue this important conversation and engage in good faith dialogue that can finally end this ineffective federal policy.

It is time for our federal laws to reflect reality.

Bill Nettles was appointed U.S. attorney for the District of South Carolina by President Barack Obama and served in that role until 2016. His law office is in Columbia, SC.