OPINION: Cannabis legalization must include social equity | GreenState
5 min readAs more states close their legislatures, some like Virginia are the 16th state to legalize adult marijuana.[1] And the governor declares that it will be fair if the focus is on social justice, which is vital. Because there is no doubt that the failed “war on drugs” disproportionately hurt these color communities with ubiquitous racist goals and arrests. At one point in the 1990s, we had four times more African American men arrested and imprisoned here in the US than the number of black men arrested in South Africa under apartheid![2] Every year between 1980 and 2007, African Americans were arrested on drug charges at a rate up to 5.5 times higher than whites.[3] And many for the low cost of owning marijuana, which can then ruin a person’s life if convicted of a crime. [4] And the sad irony is that the majority of states have either fully legalized their use (16 states plus DC) or decriminalized and / or allowed medical use (29 states), meaning cannabis remains completely illegal in only 6 states .[5]
Because of this, the cannabis industry owes these communities a chance for social justice as well as some of the economic benefits of the industry. Therefore, establishing guidelines to ensure a diverse and inclusive workforce in these communities is critical, and the state of Illinois is a good example of this. Not only were they the first state to add automatic fee cancellation to its marijuana legalization bill.[6] They have also set up two excellent programs to help individuals in these communities gain access to this lucrative industry. Aside from the injustices caused by disproportionate arrests and imprisonment, African American communities also have some of the highest unemployment rates due to the institutional racism and lack of job and educational opportunities available to them.[7] Illinois recognized this and put in place guidelines to use adult cannabis revenue to try to correct this injustice.
The first policy is education with an innovative vocational training program in the cannabis industry.[8] The program provides technical assistance, grants and resources to social justice applicants through the Department of Trade and Economic Opportunities, but is administered through the Department of Agriculture. Through recognized community colleges in Illinois, the program prepares students to enter and work in the cannabis industry. These students receive hands-on training in cultivation and product preparation, as well as business management courses, so they can take the lead in achieving the in-demand, high-wage professions in the cannabis industry.[9] I consider this a remarkable opportunity as there isn’t much training in this industry in general. Not only will this help those affected in the affected communities learn and gain access, but it will also help create industry standards that are so badly needed in this emerging business climate. In addition, hands-on training is important in many different industries, including medicine, where we need post-medical residency programs to complete our training and knowledge base. I would love to see these types of programs all over the United States.
Another major barrier for these communities trying to enter this profitable market is the high start-up cost to enter, which often requires hundreds of thousands of dollars in liquid personal assets in financial institutions. This can be a barrier even for middle-class individuals, let alone low-income communities, where nearly a quarter of African Americans live below the poverty line.[10] In addition, bank loans are usually not an option. First, the problem is that many financial institutions are not lending to cannabis companies because of fears about federal illegality and federal laws related to money laundering.[11] In addition, many financial institutions have historically been racially biased and practiced predatory or denial of credit, with interest rates 80% higher for African Americans than for whites.[12] Hence, the Illinois Second Policy seeks to circumvent some of these problems and provides economic opportunity for the cannabis industry by creating low-interest loans and grants for these social justice claimants.[13] The Cannabis Business Development Fund, which was funded by license fees from existing cannabis companies, raised $ 21 million for these low-interest loans last year.[14]
While Illinois is at the forefront of these social justice policies, many, including myself, would say that this is still not enough because how do you really repay someone who has been racially discriminated against and has lost years of their life? unjust politically motivated futile and ridiculous “war on drugs”. We must keep trying to do better.
[1]Pedini J., Virginia, Governor approves the July 1 expedited effective date for adult marijuana legalization. Norml.org. Published on March 31, 2021. https://norml.org/blog/2021/03/30/virginia-governor/. Accessed May 11, 2021.
[2] Haney C., Zimbardo P. The Past and Future of US Prison Policy. Bin Psychol. 1998; 53 (7) 709-727.
[3] Human Rights Watch. Decades of Inequality: Drug Arrests and Race in the United States. Published March 2, 2009. https://www.hrw.org/report/2009/03/02/decades-disparity/drug-arrests-and-race-united-states. Accessed May 11, 2021.
[4] American Civil Liberties Union. The war on marijuana in black and white. Published 2013. https://www.aclu.org/sites/default/files/field_document/1114413-mj-report-rfs-rel1.pdf. Accessed May 11, 2021.
[5] Defense Information Systems Agency. Marijuana Legality Map by State. Updated February 2021. https://disa.com/map-of-marijuana-legality-by-state. Accessed May 11, 2021 ..
[6] Zimmerman S., Fairness is a problem in clarifying marijuana beliefs at a low level. ABA Journal. Published April 1, 2020. https://www.abajournal.com/magazine/article/fairness-is-an-issue-in-clearing-low-level-marijuana-convictions. Accessed May 11, 2021.
[7] Institute for Economic Policy. State unemployment by race and ethnicity. Updated in August 2020. https://www.epi.org/indicators/state-unemployment-race-ethnicity/. Accessed May 11, 2021.
[8] Swinburne M., Hoke K., States’ Efforts to Build an Inclusive Marijuana Industry in the Shadow of an Unjust War on Drugs. J Bus & Tech L. 2020; 15 (2): 235-250; 280
[9]The cannabis professional pilot program at Community College in Marshall M., Illinois, sets the stage for students who are desperate to get into the industry. Cannabisbusinesstimes.com. Published on November 19, 2020. https://www.cannabisbusinesstimes.com/article/illinois-community-college-programs-cannabis-training/. Accessed May 11, 2021.
[10] Swinburne M., Hoke K., States’ Efforts to Build an Inclusive Marijuana Industry in the Shadow of an Unjust War on Drugs. J Bus & Tech L. 2020; 15 (2): 235-250; 280
[11] Black J., Galeazzi M., Cannabis Banking Use Caution. ABA. Published on February 6, 2020. https://www.americanbar.org/groups/business_law/publications/blt/2020/02/cannabis-banking/. Accessed May 11, 2021.
[12] Olick D., A troubling story of a black man trying to refinance his mortgage. CNBC.com. Published on August 19, 2020. https://www.cnbc.com/2020/08/19/lenders-deny-mortgages-for-blacks-at-a-rate-80percent-higher-than-whites.html. Accessed May 11, 2021.
[13]Swinburne M., Hoke K., States’ Efforts to Build an Inclusive Marijuana Industry in the Shadow of an Unjust War on Drugs. J Bus & Tech L. 2020; 15 (2): 235-250; 280
[14] Bishop G., Illinois, provides first $ 21 million in cannabis loans to social justice applicants. Published on December 19, 2019. https://www.thecentersquare.com/illinois/illinois-makes-first-21-million-in-cannabis-loans-available-to-social-equity-applicants/article_24e0864a-228a-11ea – a56a-77119427f6a6.html. Accessed May 11, 2021.
Dr. Leigh Vinocur is a state-certified emergency doctor who also has a cannabis consultancy practice for patients and the industry. She is a member of the Society of Cannabis Clinicians. And in the opening class for the country’s first Masters of Science in Cannabis Science and Therapeutics at the University of Maryland’s School of Pharmacy.
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