While the decision does not legalize or decriminalize marijuana, criminal justice reform advocates in the Triangle called it an important step -- and believe the impacts it will have will be felt most broadly in poorer and marginalized communities.
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"If you are black in America, you have about 3.4 times more chance of being prosecuted and criminalized because of marijuana," said Dawn Blagrove, Executive Director of Emancipate NC.
Blagrove's organization fights against systemic racism and mass incarceration. Despite the DOJ's announcement on Thursday, she says North Carolinians facing marijuana charges will still be at the mercy of local lawmakers and prosecutors.
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"Prosecutors have an incredible amount of discretion about what they do and do not prosecute. We are hopeful that this announcement will give prosecutors and D.A. across the state the cover that they need to stop prosecuting marijuana charges," she said.
According to the Federal Bureau of Investigation's criminal reporting system, there were more than 77,000 arrests for marijuana possession and distribution in North Carolina in the five-year period between 2018 and 2022. Blagrove believes that volume of criminality shows the impact steps like the one taken Thursday may have long-term.
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"We simply need district attorneys to stop prosecuting. We need law enforcement to de-prioritize arresting for marijuana, and we will inevitably and naturally see a reduction in criminal charges, a reduction in criminal convictions, and ultimately a reduction in unnecessary incarcerations," she said.
Should some form of legalization or decriminalization of marijuana ultimately reach North Carolina, there is no automatic process for criminal release -- meaning those incarcerated would remain incarcerated unless clemency is granted, or those convictions are nullified. Prior convictions would only be expunged if further action is taken as well.
The DOJ's formal move now opens a 60-day public comment period where people can weigh in on the decision to reclassify marijuana.