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Despite ongoing momentum for cannabis legalization,
new FBI data highlights a sobering truth: over 200,000 people were arrested for marijuana possession in 2023. At the Last Prisoner Project, we fight daily to end this unjust criminalization, yet this data shows we still have a long way to go.
The latest FBI Uniform Crime Reporting data reveals an estimated 200,306 arrests for cannabis possession last year, while arrests for marijuana sales and manufacturing totaled 16,844. Even in states where marijuana has been legalized, nearly 28,000 arrests were made. This is a stark reminder that legalizing cannabis is only one part of the battle—we must also ensure that law enforcement stops criminalizing people for cannabis-related offenses.
The racial disparities remain glaring. Black Americans, who represent just 14% of the population, made up 41% of marijuana possession arrests, a staggering increase in disparity from 2013. This over-policing is a devastating reminder that the War on Drugs disproportionately impacts communities of color, perpetuating cycles of incarceration, poverty, and injustice.
It’s important to recognize, however, that the FBI data is deeply flawed and likely underestimates the true scale of the harm. Due to inconsistencies in data reporting, shifting methodologies, and incomplete participation from law enforcement agencies, the full scope of marijuana-related arrests remains unclear. Some states report cannabis citations as arrests, while others do not, skewing the numbers. Furthermore, many local agencies are not required to report arrests at all. These gaps mean the harms of marijuana prohibition—and the communities devastated by these policies—are likely even more extensive than the FBI data suggests.
States with the harshest enforcement, like Texas and Louisiana, saw tens of thousands of arrests, but even states with legalization are not immune. There remains a lack of uniformity in criminal record-keeping, with many individuals still being charged for cannabis-related offenses under broad and outdated drug laws.
These arrests have life-altering consequences. A criminal record for marijuana possession can affect a person’s ability to access jobs, housing, and educational opportunities, further entrenching systemic inequities.
At the Last Prisoner Project, we know that ending the arrest of cannabis consumers is not enough. We must work toward clemency, expungement, and meaningful criminal justice reform to repair the damage caused by decades of prohibition. We won’t stop until every cannabis prisoner is free, and every community affected by the War on Drugs has a fair chance at justice and healing.
Join us in the fight for cannabis justice.
Urge your governor to release those in prison for cannabis in your state and
tell President Biden to grant cannabis clemency before it is too late! Learn more about the #Countdown4Clemency at
www.cannabisclemency.org!
