If you’ve been convicted of a drug offense, especially for something as minor as marijuana possession, you’ve likely discovered the hard way that your punishment doesn’t end when you leave the courtroom. The collateral consequences can follow you for years, affecting every aspect of your life.
But here’s what they don’t tell you: you have more rights than you think.
The Reality of Drug Convictions
A drug conviction can impact:
- Your ability to get a job
- Where you can live
- Your eligibility for student loans
- Professional licensing
- Even your right to vote in some states
For something like a marijuana charge – which is now legal or decriminalized in many states – these consequences feel especially unjust.
Your Employment Rights
Many states now have “Ban the Box” laws that limit when employers can ask about your criminal history. Key points:
- Employers often can’t ask about convictions until after a conditional job offer
- They must consider the nature of the conviction and how it relates to the job
- Blanket “no felons” policies may be illegal
- You have the right to explain the circumstances
Document everything. If you’re denied a job because of your record, ask for the decision in writing and understand your right to dispute it.
Housing Protections
Finding housing with a drug conviction is challenging, but you’re not without options:
- Some jurisdictions prohibit landlords from asking about criminal history until after a conditional offer
- Public housing authorities must do individualized assessments
- Denials must be based on legitimate safety concerns, not blanket policies
Expungement and Sealing
This is crucial: many drug convictions can be expunged or sealed, especially for marijuana offenses. Check your state’s laws:
- Some states now automatically expunge old marijuana convictions
- Other states allow you to petition for expungement after a waiting period
- Even if full expungement isn’t available, you may be able to seal records
The War on Drugs Was a War on People
Let’s be honest about what happened: the war on drugs disproportionately targeted poor communities and communities of color. It criminalized addiction and survival strategies during economic hardship. Many people serving time or living with convictions were simply trying to get by.
If that’s your story, you’re not alone. And you deserve to know your rights.
What You Can Do Right Now
- Research your state’s expungement laws
- Document any employment or housing discrimination
- Connect with legal aid organizations in your area
- Know your state’s “Ban the Box” laws
- Join advocacy groups working on criminal justice reform
Your conviction doesn’t define you. The system may be broken, but you have rights – and you have the power to advocate for yourself and others facing the same struggles.
Don’t be freedumb. Know your rights.