Racial disparity of arrests leads to overly one-sided business
By Amanda Reiman
I recently attended the Marijuana Business Conference in Las Vegas. More than 5,000 people convened in Sin City to discuss the fastest growing industry in America — marijuana. A welcome exception to the demographic make-up of most business conferences, women were well-represented by groups such as Women Grow, and were much more likely to be seen in suits than booth babe attire.
This is a huge improvement from marijuana expos in the past and a sign that this industry has the ability to define itself as being more socially evolved than most other industries.
However, there are other groups rarely represented in the dynamic world of startups. The marijuana business is still largely a white person’s affair. The absence of racial minorities can be tied to the larger War on Drugs and the mass incarceration that has plagued this society for generations.
Even if this disparity isn’t a reflection of the hearts and minds of those involved in the industry, it does require serious change at the systemic level.
In the United States, African Americans are 3.73 times more likely to be arrested for marijuana than whites, according to a report from the ACLU; Latinos are 2.5 times more likely. The collateral sanctions associated with a marijuana arrest set forth a chain of events that threaten to institutionalize racial discrimination into the marijuana industry.
For example, rules about criminal histories being barriers to entry into the marijuana industry are continuing this discrimination by moving it from the criminal justice world to the business world. In several legal marijuana states, regulations bar those with drug-related felonies from obtaining licensure for marijuana businesses.
Another barrier is the large amount of capital needed to enter most marijuana markets. From licensing fees to securing a location, the combination of capitalism-as-usual and past criminal charges threatens to create a marijuana industry that mirrors every other American industry — at least in the context of racial discrimination.
As a movement, we have a responsibility to do better and to be better. There are two approaches to ensuring racial equity in the marijuana industry and repairing damage caused by the War on Drugs.
First, those creating marijuana policies must advocate for a pathway to inclusion for those with criminal histories, particularly those who have been convicted of drug-related crimes. Drug policies in the U.S. are partly responsible for the decimation of entire communities and generations of families due to mass incarceration, hefty mandatory minimums and post-incarceration sanctions. These individuals deserve an opportunity in the new industry. Marijuana regulations should not bar those with criminal histories.
Second, those involved in the industry must engage in community reinvestment. Holes in the community caused by drug policies can be filled with the philanthropic commerce that arises from the marijuana industry. Apprenticeship programs, scholarship opportunities, job training, nutrition support and access to free medical cannabis are all ways that those on the forefront of the industry can lead by example.
Opponents of marijuana legalization often make the claim that the industry will become as callous and impersonal as tobacco and alcohol. Even those who support marijuana legalization tend to look at their involvement with their communities with an “I won’t bother you if you don’t bother me” attitude.
However, marijuana businesses that have formed positive relationships with their communities have enjoyed a level of protection that has surely assisted their sustainability. Berkeley Patients Group, for example, has been a vibrant member of the local community since opening more than a decade ago. Its work with local organizations such as the Women’s Cancer Resource Center, financial support of the local libraries and fire stations, and a program granting access to free medicine for low-income individuals have helped it stand out as an asset to the community. And, sure enough, when the federal government tried to interfere, the city of Berkeley came to its defense, engaging in a lawsuit with the Feds in order to keep Berkeley Patients Group open.
The tide is starting to turn. Marijuana prohibition is falling and states like Colorado, Washington and Oregon are experiencing a world free from petty marijuana criminalization. However, there are many more states where prosecution continues. In states like Louisiana, Virginia and Alabama, marijuana prohibition is very real, very racist and ruins countless lives. The fight is far from over. The nation is still drowning in a sea of marijuana prohibition. And, while the lifeboats have started hauling people to safety, we have a responsibility to keep sending those boats back. Until everyone is out of the water, we cannot start the party on the shore.
Amanda Reiman is the manager of marijuana law and policy at the Drug Policy Alliance, where she works to develop the nonprofit’s campaign strategy, policy advocacy, media relations, fundraising and public education. Reiman, who has a Ph.D. in social welfare, is also a lecturer at the University of California, Berkeley.