Hence the associated inefficiencies and social consequences of prohibition in those drug markets will likely grow, adapt, and tend toward unique and unforeseeable equilibriums. This was true throughout the twentieth century, and became especially true in recent decades. Repealing prohibition across substance types would eliminate many of the adaptive problems at play with piecemeal legalization, but that doesn’t have enough public-opinion support to make it politically viable. This means supporting policies that retroactively reduce drug sentences for those currently in prison, or expunge old criminal records for those who have already been released. Watch DPA's Executive Director Kassandra Frederique speak about women and mass criminalization at our 2017 International Drug Policy Reform Conference. We need to alter the rules of engagement by ending these aggressive law enforcement practices that result in the unjust criminalization of people of color and the erosion of police-community relations. It could be the case that enforcement costs and complexity will grow amid marginal decriminalization. From 1997 through 2007, prison populations grew in 68 percent of nations researched around the world. And how can they be reformed? Drug decriminalization would remove criminal penalties for drug use, possession, and ideally low-level drug sales. From the perspective of drug sellers and users, the risks of arrest and incarceration are obviously costs; but complying with formal regulations and licensure under a more legalized regime may also be costly. We’re committed to improving conditions behind bars in ways that affirm the dignity of incarcerated men and women and unleash their potential, and that create healthier working environments for the corrections officers and other professionals who also spend their days in prison or jail. People with ailments that marijuana can alleviate will benefit from a regime that allows for prescriptions rather than across-the-board prohibition. We challenge excessive punishment in court, advocate for parole and provide re-entry support, and advance systemic reform through research, education, and narrative work. Prohibition against the pot trade is riddled with bad incentives and inefficiency and should be addressed as such; but many of the most challenging aspects of the criminal justice system—especially mass imprisonment—seem to transcend the relatively smaller issue of illegal weed. Maybe there’s something about American society that just requires more prisons. So what does this mean? Recent scholarship on crime, punishment, and mass incarceration has converged upon a mild conclusion familiar to modern macroeconomists: Institutions matter.

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