While many of Marilyn Mosby’s supporters reacted with sorrow to former President Joe Biden’s decision not to grant her a pardon, the irony of Biden’s final clemency actions may be lost on many. Biden set a new presidential record by commuting the sentences of nearly 2,500 people for nonviolent drug offenses. But in neglecting Mosby — one of the most influential and outspoken advocates for ending the war on drugs — Biden overlooked a leader whose actions to reform drug policies have outpaced those of almost any politician in recent memory.

Biden’s record on the drug war reveals a complicated legacy. Deserving as the recipients are, Biden was a key architect of America’s flawed strategy in tackling illegal controlled substances. As chair of the Senate Judiciary Committee, Biden helped shepherd bills that created the crack-powder cocaine disparity, whereby Black people were penalized up to 100 times compared with their white counterparts for using what’s essentially the same drug. Biden also authored bills that enhanced penalties on people attending nightclubs and nightclub owners, particularly through the RAVE Act, which took a misguided approach to the club drug MDMA (commonly known as ecstasy or Molly). Even when he made it to the White House, his opposition to marijuana legalization made him an outlier in the party he led. His steps on marijuana rescheduling and clemency in recent years are a step toward addressing past wrongs.

In Baltimore City, Marilyn Mosby made a very different impact on the war on drugs as the city’s lead prosecutor. As a Black woman, Mosby spoke often of her own experiences, and that of family members, wrapped up in the criminal justice system. Mosby was one of the first major city prosecutors to stop pursuing marijuana possession cases, a move widely criticized by former Governor Larry Hogan and police chiefs. She also fought for expungement but was thwarted by judges in her efforts. She then testified to Congress on marijuana and racial injustice, noting that Baltimore was ground zero for failed policies with its record-high incarceration rate and overdose numbers.

Mosby studied the decriminalization of drugs and public health approaches to addiction and became more unwavering in her reform efforts. She testified in Annapolis in favor of safe consumption spaces — something made illegal in many cases by Biden’s RAVE Act, despite the data showing safe use spaces prevent overdoses — and in support of drug paraphernalia decriminalization. Once again, she was the lone political voice on such issues. Today, leaders across Maryland are rightfully receiving praise for their support of marijuana reform and efforts to end the war on drugs — issues that Mosby championed years earlier, at great political cost, and for which she faced significant opposition when they were far less popular.

Mosby’s biggest move against damaging drug policies came during the pandemic when she permanently stopped prosecuting drug possession, declaring the war on drug users over. A subsequent Johns Hopkins study showed no negative impact on public safety from this policy, but that didn’t stop fear-mongering from conservative media and many others. Even for-profit treatment facilities that relied on a steady flow of drug users from the prison system complained that their bottom line was impacted.

Despite this, Mosby pressed forward — eliminating probation for drug possession, dismissing pending cases and removing warrants for such offenses. These charges primarily impacted individuals with addiction, an issue now recognized as better addressed through treatment than incarceration.

Her decisions saw the jail and prison populations drop in the city substantially, but opposition from residents in areas like Fells Point and Roland Park — who did not want to see these changes implemented in their neighborhoods — persisted.

When Ivan Bates replaced Mosby, he made a big show of repealing her policies, but in truth he has struggled to restart the drug war in a state that’s finally embraced smarter, evidence-based approaches to public safety.

For many, including myself, Biden’s decision not to pardon Mosby represents a missed opportunity to right a wrong in her federal conviction for spurious examples of fraud.

Having witnessed her courage and resilience up close, Biden also missed the chance to provide relief for someone who has a legacy of fighting to end the war on drugs that far outstrips many politicians. In reality, by overlooking her, Biden also missed the chance to align his clemency actions with the values he claims to champion.

Mosby had power and chose to use it wisely and impactfully. Biden, once again, has fallen short. These are their legacies.

Zy Richardson was the communications director for the office of former Baltimore State’s Attorney Marilyn Mosby.