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Due Process Institute works to reduce the overuse of criminal penalties for drug-related conduct, particularly for low-level possession and substance use disorders. We support policies that shift toward public health approaches, reduce excessive penalties, and ensure criminal law is reserved for conduct that truly threatens public safety.
Learn about our legislative advocacy to reform overly harsh and harmful federal drug policies.
Read about our amicus briefs and litigation to address unreasonable and broad drug laws.
Interested in learning about the impact of drug overcriminalization in the United States?
In May of 2024, the Drug Enforcement Administration recommended a reclassification of marijuana from a Schedule 1 to a Schedule 3 drug. Effectively, this would recognize marijuana as a far less dangerous substance and no longer categorize it alongside drugs like heroin. Due Process Institute acknowledged and celebrated the significance of this recommendation as part of the de-escalation of the ‘war on drugs.’ However, this reform still fell short in addressing some of the most harmful consequences of the United States’ misguided drug policy, has limited impact on federal marijuana arrests, and does not provide relief for people currently serving unnecessarily long sentences for marijuana possession.
Due Process Institute further recommended the Biden administration to continue momentum for drug reform by supporting legislation that improves second chance opportunities for people with nonviolent marijuana offenses like the Clean Slate Act, pushing for the full descheduling of marijuana and its removal from the Controlled Substances Act, and continuing the use of the President’s pardon power to rectify unjust marijuana sentences.