When Elon Musk joined popular podcast “Full Send” to discuss everything from space exploration to social media moderation this month, a brief segment on US cannabis policy ended up grabbing headlines. Musk contended federal efforts to free basketball star Brittney Griner from Russian imprisonment for minor cannabis possession charges were hypocritical given the many Americans, predominantly from marginalized groups, facing severe penalties for similar offenses back home.
Musk’s controversial soundbites, viewed over 10 million times on YouTube, reductionistically conflate tangled issues. But they highlight glaring inequities around America’s enforcement of cannabis laws amid shifting societal attitudes. Let’s examine the nuances.
The Complex Case of Brittney Griner
Brittney Griner is a 31-year-old star center for the WNBA’s Phoenix Mercury and two-time Olympic gold medalist. She was traveling to Russia to play for UMMC Ekaterinburg, as many WNBA players do overseas in the offseason to supplement pay. The average WNBA salary is $120–$150k compared to millions for men in the NBA.
On February 17, 2022, Russian authorities detained Griner at Sheremetyevo International Airport, allegedly finding vape cartridges containing cannabis oil in her luggage. Medical cannabis is prohibited in Russia, and the charges carried up to 10 years in prison.
Griner, wrongfully classified as a drug smuggler by the Russian court system, pleaded guilty to the charges in July in hopes of expediting a prisoner swap. On August 4 she was sentenced to nine years confinement.
The Biden administration maintains Griner is wrongfully detained and has offered a prisoner exchange. Critics see hypocrisy in the urgent diplomacy to free an American abroad facing consequences for cannabis possession at home.
“It seems arguably a bit hypocritical that the federal government is pursing this case of a basketball player going to Russia with some cannabis vape pens…” said Musk on Full Send. “We’ve got thousands of people in prison over the same charges, and I wonder what the federal government is doing about all those people.”
Musk‘s Brushes With Cannabis Controversy
Musk spoke from firsthand experience. Back in 2018, podcaster Joe Rogan passed him a cannabis joint on air, and Musk took a single hit. The move racked up millions of views and cemented Musk’s reputation for unpredictable behavior.
More impactfully, it sparked scrutiny by the Department of Defense over Musk’s security clearance with SpaceX, the aerospace company Musk leads as founder and CEO. As a federal contractor, SpaceX implemented one year of mandatory random drug testing across its employee base to maintain compliance.
On the recent podcast, Musk said with typical bluntness:
“It was not wise for me to smoke weed on Joe Rogan’s podcast…The rules are still federal and we lost our security clearance for a year.”
Reactions continue to vary around Musk’s cannabis associations — from supporters seeing it as harmless to critics labeling it irresponsible from an influential CEO. But the incidents shed light on inconsistent enforcement of America’s patchwork of cannabis laws amid gradual steps towards legalization in many states.
Incarceration Statistics for Cannabis Offenses
Let‘s look at the numbers behind Musk’s statements on the thousands of Americans imprisoned for minor cannabis offenses. Possession of any amount of cannabis is illegal federally and in some states, classified on par with dangerous drugs like heroin as a Schedule 1 controlled substance with high abuse potential.
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Over half a million Americans were arrested as recently as 2020 for cannabis possession according to FBI statistics. Over 92% were for possession alone rather than sale or distribution.
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Black Americans were found to be almost 4 times more likely to be arrested for possessing cannabis than their white counterparts — despite Equal usage rates according to the ACLU.
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More Americans were arrested for cannabis possession alone in 2018 than for all violent crimes combined according to FBI data.
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Over 40,000 people remain incarcerated in state or federal prisons for cannabis offenses as of 2021 according to the Last Prisoner Project.
So while the US urgently works to release an American imprisoned in Russia for cannabis, thousands face severe sentences back home for identical or lesser violations — feeding accusations of hypocrisy.
The US also diverges from reform efforts in comparable nations. Mexico, Germany, Spain and others have decriminalized or legalized recreational cannabis use nationwide. Russia itself recently reduced cannabis possession from a felony to misdemeanor.
Evolving US Public Attitudes Toward Legalization
In conflict with many current laws, American public opinion continues shifting toward legalized cannabis access — at least for medical use or regulated adult recreational use akin to alcohol.
A 2022 Pew Research poll found a staggering 91% of US adults think cannabis should be legal in some form compared to just 8% preferring it to remain fully illegal. This support cuts across political divides as well as age groups.
In November 2022 ballots, voters approved new measures allowing recreational cannabis sales and use in Missouri and Maryland — joining 19 other states with expansive legal access. Decades of heavy criminal enforcement against minor cannabis offenses appears increasingly at odds with public attitudes.
While Musk’s position lacks nuance, his controversial rhetoric indirectly highlights the growing consensus around more progressive drug policies that emphasize healthcare and rehabilitation over incarceration.
Toward Lasting, Equitable Reform
The past months have seen optimistic signals of incremental reform coming from the federal government as well, though Musk argues progress remains inadequate.
In October 2022, President Biden pardoned all prior federal offenses for simple cannabis possession — estimated at 6,500 Americans charged between 1992-2021 who will have their records expunged. Biden also requested that governors extend similar relief for state marijuana charges.
And the Biden administration announced plans to reevaluate how cannabis has historically been classified under federal drug control laws alongside dangerous narcotics. Potentially opening the door to expanded research and therapeutic medical access to cannabis pending FDA approval.
However Musk asserts that minor policy tweaks fail to address the underlying lack of social equity in America’s enforcement of cannabis laws which disproportionately penalize minorities and marginalized groups. Harsher attitudes rooted in past decades have yet to catch up with shifting public preferences around cannabis use as more states continue expanding legal access.
Last Prisoner Project among other advocacy groups continue pushing for blanket release and exoneration of all incarcerated on minor cannabis offenses in America. Bolder proposals in Congress call for finally removing cannabis as a scheduled substance altogether which would require big pharma and other interests to drop longtime opposition.
While the activist intensity of Musk‘s younger days may have faded into the background of his business empire, his unmatched cultural influence can still play a role in moving the conversation. Even an offhand call-out of perceived hypocrisy resonates widely and chips away at the lingering stigma holding back drug policy reforms. If Musk keeps consistent pressure alongside others, incremental change could give way to the sweeping societal shifts that enable his interplanetary dreams of human progress.
