Today, I’m pleased to announce that we'll no longer be charging cases related to marijuana or entheogenic plants (naturally occurring psychedelics).

We'll also—categorically—be supporting expungement of old records relating to those substances, if someone’s legally eligible. /1

Let’s start with marijuana—or cannabis. As our policy outlines, it’s important to consider the history of the substance; the racially disparate effects of criminalization; its properties; & the current legal landscape.

You can read our directive here: https://www.washtenaw.org/DocumentCenter/View/19154/Cannabis-and-Marijuana-Policy /2

Some highlights: For much of U.S. history, cannabis was widely accepted, & was present in many medicines.

But anti-cannabis crusaders seized on anti-immigrant sentiment, rebranded it the Spanish word “marihuana,” & piggybacked on anti-Black racism to push criminalization. /3

This was done despite evidence cannabis is no more dangerous than legal substances like alcohol. Indeed, the 1970s commission charged with studying cannabis’s legal landscape recommended full legalization.

But Nixon—who saw it as a wedge issue—ignored the recommendations. /4

Consistent with the racist origins of cannabis criminalization, the costs have not been borne equally.

White & Black people use cannabis at roughly equal rates. But Black Americans (nationally & here) are much, much more likely to face criminal consequences. /5

And it’s not just about the direct criminal consequences. A cannabis conviction can make it difficult to get a job, to obtain housing, to continue one’s education. It can also render non-citizens deportable.

Criminal charges aren’t just about jail time. /6

In 2018, Michigan voters passed Prop. 1, which legalized cannabis for recreational use. But the law still imposes criminal penalties for certain activities—including if you have “too much” cannabis.

It also doesn’t provide for automatic expungement of old criminal records. /7

Today’s policy fills those gaps.

We’ve long known that marijuana is as safe as alcohol. It thus makes no more sense to charge someone for having “too much” cannabis than it does to charge people for having “too many” bottles of wine.

And we won’t, any longer. /8

In addition, people shouldn’t have criminal records consisting of things that are no longer crimes.

For that reason, we won't contest any application to expunge cannabis-related records. And stay tuned. We look forward to providing more affirmative expungement assistance. /9

As noted, we’re also announcing today that we will no longer be pursuing charges related to entheogenic plants (most prominently, psilocybin mushrooms).

You can read that full policy here: https://www.washtenaw.org/DocumentCenter/View/19155/Entheogenic-Plants-Policy /10

Last fall, Ann Arbor’s City Council unanimously adopted a resolution making entheogenic plants the “lowest law enforcement priority.”

With such plants functionally decriminalized in our largest city, it would be arbitrary to keep charging people in other parts of Washtenaw. /11

More fundamentally: criminalization of entheogenic plants simply doesn’t make sense.

They’re not addictive. They don’t cause violent behavior. And other jurisdictions have successfully decriminalized them without any negative consequences. /12

We're firmly committed to ending the War on Drugs. But controlled substances should be regulated for safety. For that reason, we may continue to file charges against large-scale, profit-seeking enterprises who flout safety laws; adults who sell drugs to kids, etc. /13

In addition, nothing in today’s policies prohibits or discourages charges relating to driving under the influence of a controlled substance.

We’re all for safe recreational use. But it DOES need to be done safely, without endangering the well-being of others. /14

As always, I’m beyond grateful for the many partners who have worked with us to craft these policies—including substance-use professionals, activists, law enforcement, defense lawyers, and prosecutors.

We’re committed to getting it right in Washtenaw County, together. /15

It’s time to move forward from the unjust & inequitable policies of the past, particularly relating to prohibitionist systems.

Today’s announcements are a first step. More is coming, very very soon. /fin.