Fact Check: Is Anyone Going to Jail for Smoking Weed?

Vice President Kamala Harris is doubling her outreach to the Black community — a critical Democratic voting bloc that appears to be somewhat hesitant about her candidacy — by presenting a platform that includes highlighting her stance on marijuana legalization.
In an interview Tuesday with radio host and author Charlamagne Tha God aimed at boosting support among Black men, Kamala Harris defended her record as a California prosecutor, describing herself as “one of the most progressive prosecutors” on marijuana cases. She then pledged to federally decriminalize recreational marijuana as president.
“I know exactly how those laws have been used to disproportionately impact certain populations, specifically Black men,” Harris said, after dismissing a question about the false claim that she deliberately targeted Black men for marijuana offenses.
The Claim
In a social media post shortly before the interview, Harris outlined her cannabis legalization plan as part of her 2024 presidential campaign. She emphasized the need to legalize recreational marijuana and stated, “No one should go to jail for smoking weed.”
Part of her “Opportunity Agenda for Black Men,” this isn’t the first time Harris has addressed the issue. In the past, the Vice President faced criticism for her role as a prosecutor, where some claimed her office enforced strict marijuana laws. However, she has since positioned herself as a reform advocate, repeatedly expressing support for legalizing marijuana. Her plan also pledges to give Black men opportunities to participate as the national cannabis industry grows.
The Facts
In recent years, Harris has positioned herself a vocal advocate for reforming federal marijuana laws. Last year, she worked alongside President Joe Biden to pardon thousands of people convicted of federal offenses for simple marijuana possession. The Biden administration’s efforts have included plans to reschedule cannabis as a less harmful substance under federal law, an action that could pave the way for broader reform at the federal level.
However, despite these federal efforts, individuals continue to be incarcerated for marijuana possession, depending on state laws. According to a review conducted by Newsweek, 40 states and Washington D.C. have either legalized or decriminalized marijuana in some form. In states where it remains fully illegal, arrests and jail time for marijuana possession still occur, though they are increasingly rare.
It’s often claimed that people are behind bars on a simple possession conviction, but while this is still true in some cases, the vast majority of cannabis-related sentences are linked to more serious charges like distribution, trafficking, or involvement in larger drug operations.
Simple possession cases accounted for less than 2 percent of federal sentences annually, with that number decreasing each year, according to data from the U.S. Sentencing Commission (USSC). In contrast, drug trafficking offenses consistently made up 25 to 30 percent of federal sentences during the same period.
Of the 2,417 people sentenced federally for marijuana possession from 2017 to 2021, according to the USSC, the vast majority—70.8 percent—were Hispanic, followed by 15.1 percent who were Black, and 11.8 percent who were white. In contrast, for the 948 offenders sentenced for possession of other drugs, 53.4 percent were white, while 18.9 percent were Black and 18.3 percent were Hispanic.
As of January 2022, no offenders sentenced solely for simple possession of marijuana remained in the custody of the Federal Bureau of Prisons.
The Ruling
Needs Context.
Vice President Harris’ claim needs context. No offenders sentenced solely for simple marijuana possession remain in federal prison, and most marijuana-related incarcerations now stem from trafficking or distribution offenses rather than personal use.
However, a small number of people are still being jailed for marijuana possession on state charges, even as more states pass legalization bills. Since recreation marijuana remains illegal at the federal level, laws still vary widely across states and individuals can still face jail time depending on local regulations.
FACT CHECK BY Newsweek