Earlier this year, New York passed legislation legalizing the adult use of cannabis. New Yorkers can now legally possess three ounces for any use, and can smoke marijuana in any publically-designed area where tobacco smoking is allowed, although home cultivation is still not permitted. Importantly, certain convictions – possessing up to 16 ounces or selling up to 25 grams of marijuana – will be automatically expunged from criminal records.

Not only does this law expand existing medical marijuana programs and create a licensing system for producers and distributors, but it also acts as an important step toward addressing the racial disparities in drug-related arrests. During the 1970s and 1980s, the so-called “War on Drugs” stigmatized drug use as a criminal and moral issue rather than treating it as a public health issue.

The criminalization of drug use led to disproportionate arrest rates of low-income people of color. Higher arrest and incarceration rates do not reflect increased drug use in these communities, but rather the increased presence of law enforcement in urban areas, low-income communities, and communities of color. In every state, Black people are more likely to be arrested for marijuana possession, and in some states, Black people are nearly ten times more likely to be arrested than White people. In states where marijuana has been legalized or decriminalized, arrests of racial minorities have declined markedly.

The criminalization of drug use has had lasting ramifications for many lives and communities. As noted by the Drug Policy Alliance, many people have been denied food stamps and public assistance, evicted from public housing, and lost custody of children. With the new legislation, once a marijuana conviction is expunged, it will not show up on a background check and cannot be used against an applicant in seeking employment, housing, or student loans.

The legalization of marijuana is an important step forward but much more needs to done such as providing greater resources to integrate the formerly incarcerated into society and expanding the definition of public safety beyond just the criminal law to include equal access to health care, education, employment, and housing. Proskauer is proud to work toward these goals in its pro bono representation of participants in criminal court diversionary programs, low-income individuals petitioning to seal their criminal records, individuals with felony records seeking the right to vote, and assisting struggling small business owners of color. The path ahead is long. As we support individuals, we will continue to advocate for real change at the federal, state, and local levels.

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Photo of William C. Silverman William C. Silverman

William C. Silverman is a partner responsible for leading Proskauer’s global pro bono efforts, which provide assistance to individual clients and nonprofit organizations in litigation as well as transactional matters. He focuses on identifying and securing pro bono opportunities and partnerships for Proskauer

William C. Silverman is a partner responsible for leading Proskauer’s global pro bono efforts, which provide assistance to individual clients and nonprofit organizations in litigation as well as transactional matters. He focuses on identifying and securing pro bono opportunities and partnerships for Proskauer lawyers and ensuring widespread participation in these projects.

Bill has robust private and public sector experience and a strong criminal and civil background. He has worked extensively on government investigations and white collar criminal matters, as well as complex civil litigation in federal and state courts. He also served as an assistant U.S. attorney in the Southern District of New York, where he led criminal investigations, conducted trials and handled Second Circuit appeals.

Throughout his career, Bill has dedicated himself to the promotion of equal access to justice through pro bono service, particularly in the areas of family court, anti-trafficking, and criminal reentry.

Bill served as lead counsel on behalf of three legal services organizations challenging New York State’s “Host Homes” regulations, which created an unauthorized shadow foster care system. In a unanimous decision, the New York Court of Appeals struck down the regulations for failure to provide important safeguards, including appointment of counsel and judicial oversight. Bill also co-authored a groundbreaking report for the New York City Bar Association and the Fund For Modern Courts on how COVID-19 impacted the New York City Family Court. Bill is currently serving as co-chair of the Court Modernization Action Committee (CMAC), a working group of judicial, bar, and community leaders formed to support and advise the New York State Court System in implementing technology to increase efficiency and enhance equal access to justice. He also serves on New York’s Advisory Committee on Artificial Intelligence and the Courts.

Bill serves as counsel to the New York State Anti-Trafficking Coalition. In that capacity he has been a strong advocate for changes in the law and public policy to protect victims of human trafficking and bring perpetrators to justice. He also represents individual clients in this area, including a successful federal lawsuit brought on behalf of a trafficking victim against her traffickers. For his work, he was named by domestic violence nonprofit Sanctuary For Families as one of New York’s New Abolitionists.

Bill has been recognized for his public service with the James Duane Award from the Bench and Bar of the Southern District of New York (2026); the Abely Pro Bono Leadership Award from Sanctuary For Families and Columbia Law School (2019); the Special Leadership Award for All-Around Excellence in Corporate Social Responsibility & the Law from City & State Reports (2015); the Commitment to Justice Award for Outstanding Partner from inMotion (2008); and the Matthew G. Leonard Award for Outstanding Pro Bono Achievement from MFY Legal Services (2007).

Outside of his work at the Firm, Bill serves on various not-for-profit boards. Bill is chair of RISE Partnership, an organization dedicated to ensuring the successful reentry of men and women on federal supervised release, and formerly served as chair of the Fund for Modern Courts, a nonpartisan citizen organization devoted to improving the New York State courts.