Unlocking Freedom: Racial Equity Shapes New Cannabis Era

Marijuana Legalization: A Pivotal Moment for Racial Justice in America

By Darius Spearman (africanelements)

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The Biden administration’s groundbreaking plan to reschedule marijuana is a critical turning point. For decades, the War on Drugs has disproportionately devastated Black communities. However, this historic policy shift offers hope for addressing racial disparities in marijuana arrests.

Racial Disparities in Marijuana Arrests: A Legacy of Systemic Racism

Black Americans have borne the brunt of discriminatory drug enforcement, despite similar usage rates. For example, The ACLU reports that Black people are nearly four times more likely to be arrested for marijuana possession (ACLU). This disparity is a testament to systemic racism in the criminal justice system.

“The war on marijuana has been a war on people, particularly people of color.” – Senator Cory Booker (D-NJ) (Politico)

Racial Disparities Persist Despite Marijuana Legalization

While marijuana legalization has reduced overall arrest rates, racial disparities in enforcement remain a pressing issue. Black communities continue to face disproportionate arrests and exclusion from the legal cannabis industry. Addressing this inequity requires comprehensive criminal justice reforms and inclusive economic policies.

Persistent Racial Disparities in Arrests

Despite legalization reducing marijuana arrests, the racial disparity in arrest rates has persisted or even increased. For example, in Colorado, the arrest rate disparity between Blacks and Whites increased after legalization (NACDL). Moreover, a 2020 ACLU analysis found that Black people are still 3.64 times more likely to be arrested (NORML).

Disproportionate Enforcement in Black Communities

Even in states that have legalized, Black communities face disproportionate enforcement. In New York City, 94% of marijuana-related arrests in 2020 were of people of color (NORML). Similarly, in Virginia, nearly 60% of marijuana court cases were Black adults after legalization (NORML).

The Importance of Decriminalization Policies

Studies suggest that decriminalization policies may be more effective at reducing racial disparities than legalization alone. States without any policy change have seen arrest disparities increase over time (NCBI). Therefore, decriminalization should be a key component of marijuana reform efforts.

The Need for Expungement and Reinvestment

Advocates argue that legalization must be coupled with expungement of past marijuana convictions and targeted reinvestment. Several states have enacted expungement laws, but the process is not always automatic (NORML). Reinvesting cannabis tax revenue in communities most harmed by the War on Drugs is crucial for repairing past harms.

In short, while legalization has reduced marijuana arrests, it has not eliminated racial injustice in enforcement. Addressing this inequity requires comprehensive criminal justice reforms, inclusive economic policies, and a focus on repairing the harms of prohibition. Legalization alone is insufficient without an intentional effort to center racial justice (NCBI, ACLU).

Reinvesting Marijuana Tax Revenue in Communities of Color

As more states legalize marijuana, economic benefits must be equitably distributed. Reinvesting marijuana tax revenue in communities harmed by the War on Drugs can rectify historical injustices. Furthermore, it can provide resources for education, job training, and social services in underserved neighborhoods.

Promoting Equity in the Cannabis Industry

However, legalization has not guaranteed equal economic opportunity in the cannabis industry. Factors like felony conviction restrictions and high capital requirements have limited Black ownership of marijuana businesses (NACDL). Consequently, many Black entrepreneurs and communities are excluded from the economic benefits of legalization.

The cannabis industry presents an opportunity for Black entrepreneurship and wealth creation. Eliminating barriers like limited access to capital and discriminatory licensing may promote meaningful participation. Additionally, implementing racial equity policies, such as prioritizing licenses for impacted communities, can level the playing field.

Marijuana Criminal Justice Reform: A Path to Redemption

Rescheduling marijuana is a significant step towards criminal justice reform. It paves the way for expunging past convictions and reducing collateral consequences. Additionally, by removing stigma and barriers, individuals can more easily access employment, housing, and education.

Public Opinion Shifts in Black America

Public opinion increasingly favors marijuana legalization, including among Black Americans. For instance, a Pew Research Center survey found 68% of Black adults believe marijuana should be fully legal (Pew Research Center). This shift reflects growing recognition of the need for reform and legalization’s potential benefits.

The Road Ahead: Challenges and Opportunities

Rescheduling marijuana is a positive development but not a panacea for racial inequities. Critics argue it doesn’t go far enough and that marijuana should be completely descheduled (USA Today). Moreover, implementing racial equity in the cannabis industry will require ongoing advocacy and accountability.

As Representative Earl Blumenauer (D-OR) stated:

“The most effective way to capture the attention of young people, minority voters, and those seeking a break from the status quo, is to wholeheartedly endorse legalization. Show compassion for those ensnared in the legal quagmire of the failed war on drugs and make a clean break.” (New York Times)

Nevertheless, this moment presents an opportunity to address past harms and chart a more just future. By embracing marijuana legalization as a racial justice issue, policymakers can dismantle systemic racism in the War on Drugs.

About the author

Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He has authored several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.