In the last week, American sprinter Sha’Carri Richardson lost her spot in this year’s Olympic games. First, her qualifying time for the women’s 100 meter dash was thrown out after she tested positive for marijuana. Then yesterday, it was announced that Richardson would not be chosen for the 4x100 meter relay, even though that competition is scheduled for after Richardson’s ban would end. The loss of Richardson is a huge bummer, not only because she’s such an electric and talented athlete, but because the circumstances of her failed test are so sympathetic: She admitted to smoking marijuana in Oregon, where it is legal, and she was doing it to cope with the death of her mother.
For obvious reasons, most people’s first instinct was to see this through a racial lens. Many of the reactions to the news were clearly racist, and marijuana laws in general are unequally enforced in America, where Black users are penalized far more than white ones. Richardson’s disqualification also comes at a time when it can feel as if Black women, particularly ones who are outspoken and unwilling to change who they are, are being systematically run out of sports, from Naomi Osaka to Gwen Berry to Simone Biles.
Richardson is undoubtedly the victim of racist double standards, but in this case at least she’s also the victim of something else: the American left’s failure on marijuana legalization. Because Richardson is not the first Olympian to be suspended for using marijuana. Indeed, even Michael Phelps, the prototype for clean-cut all-American white male Olympians, was suspended for marijuana use back in 2009. Since then, in fact, the rules regarding marijuana use have been relaxed—while Phelps did not fail a test, he was still suspended for longer than Richardson; Phelps just benefitted from having his suspension fall in between competitions, so he did not miss any Olympic events. But while the rules were relaxed, they were not completely eliminated.
It’s interesting to look back on the Phelps suspension, because at the time the US seemed to be at a real turning point regarding marijuana policy. Barack Obama had just been elected after being refreshingly frank about his use of the substance, and then arguably the most famous athlete in the country was outed as a user. Public support for legalizing marijuana would reach 50% in 2013, and continue to grow throughout the decade, as marijuana use was legalized for recreational use in 18 states (plus DC) and “decriminalized” in 13 others.
But in all that time, the progress was slower than it seemed, in large part because the social stigma faded much faster than the actual rules governing marijuana. Take the supposed “decriminalization” that has been pursued even in solidly Democratic states like Hawaii and Delaware and even New York for a few years, where Republican opposition is minimal. These laws made it so that it was no longer a criminal offense to possess small amounts of marijuana—but often it was still a civil offense, punishable by stiff fines that, if unpaid, could get someone ensnared in the legal system anyway. In some places, it was only noncriminal for the first offense, after which you could be arrested. In other places, it continued to used as a pretext for police stops. And, of course, the whole time it was still a federal crime to use marijuana, and Obama Administration had a maddeningly inconsistent policy on enforcing federal marijuana laws.
So outdated rules against marijuana remained on the books, and because they were seldom enforced (at least against certain types of people), it didn’t seem like a big deal. But when someone like Richardson gets tossed from the Olympics, it’s a reminder that even rarely enforced rules matter. Because, of course, Richardson is only the most high-profile example of disproportionate enforcement of marijuana laws that has continued throughout the decade, despite the supposed progress towards legalization.
Compare activism against marijuana laws to the fight for same-sex marriage—another issue that underwent a quick and dramatic change in public perception. But activists for same-sex marriage did not let the moment pass. When they saw initial successes at the state and federal level, the pace of pressure increased until the Supreme Court struck down all same-sex marriage bans throughout the states and territories (except, apparently, American Samoa for reasons I do not understand). Now, the idea of the Democratic Party nominating a Presidential candidate who doesn’t support marriage equality feels unfathomable. Even moderate Joe Biden has supported the issue for nine years.
But Joe Biden does not support legalizing marijuana, which represents a huge failure for the American left. On this issue, it has become complacent, mistaking greater tolerance for success. Indeed, the issue continues to grow in popularity, reaching 68% support last year, twice what it had less than 20 years ago. But that support has not addressed the injustice at the root of the issue, as the Richardson example highlights. When Biden was asked what he thought about Richardson’s suspension, he said “The rules are the rules.” And as infuriating as that is, he is right. Which is why we need to get serious about changing the actual rules.