The effect of cannabis use and race on sentencing outcomes.

Abstract

Cannabis is the most commonly used illicit drug in the U.S., but its legality and public acceptance is changing in many states (Martins et al., 2021). Nonetheless, incarceration for cannabis related offenses continues to disproportionately affect the Black community, with African Americans receiving harsher judicial treatment across all offenses compared to other racial/ethnic groups (Devylder et al., 2021; Doerner & Demuth, 2010). Thus, the aim of this research was to assess whether the race and cannabis use history of a defendant impact sentencing recommendations in a state where recreational cannabis use has been legalized. We hypothesized Black defendants would be sentenced most harshly, especially if the defendant was also a cannabis user. Undergraduate participants from the University of Maryland read one of four fictional shoplifting case summaries differing only in how the suspect’s race (Black or White) and history of cannabis use (used or not used) were portrayed. Participants were then asked to recommend a sentence length. Surprisingly, there was no difference in sentencing recommendations for Black and White defendants. However, if the defendant was a cannabis user, recommended sentences were significantly shorter than for non-cannabis users. These unpredicted results may reflect an integration of cannabis in American college culture, suggesting college-aged Americans may be more sympathetic towards cannabis users in judicial settings (Kilwein et al., 2022). Future research is needed to confirm if similar trends are present across the broader jury eligible population and to understand any implications for the criminal justice system in legalized states.