Given the disparities that continue to exist among the arrest rates for cannabis, and the proverbial whitewashing of the legal cannabis industry, we must come together to institute reforms that address these issues. Several states and cities across the country are seeking to do just that.
On the criminal justice front, a number of social justice measures, ranging from automatic expungements to other clemency measures, have been instituted to undo the harms caused by cannabis arrests and convictions (that oftentimes turn into lengthy prison sentences).
Most recently, Nevada’s governor, Steve Sisolak (D), pardoned more than 15,000 people who had been convicted of low-level cannabis possession offenses in the state. A host of other states and municipalities have also carried out mass expungement efforts for cannabis offenders.
A private company, Code for America, has instituted its “Clear My Record” program, which acts as an opt-in service for people seeking to clear their criminal record. The company has also worked with several states and cities to automatically clear the records of thousands of cannabis offenders.
In Utah, current medical cannabis patients may be eligible to expunge their criminal records for cannabis possession offenses. The Clean Slate Act, passed in 2019, allows for similar types of expungements for low-level drug offenses.
On the federal level, the First Step Act was passed in an effort to improve criminal justice outcomes, as well as to reduce the size of the federal prison population.
While more expungement and other clemency efforts will be needed to cure the ills created by decades of disparate cannabis enforcement, these efforts appear to have bipartisan support (which may bode well for such efforts long term).
When it comes to entry into the legal cannabis industry, states and certain cities across the country have or are in the process of instituting social equity programs that make room for those persons and communities most negatively impacted by the War on Drugs. These social equity programs include reduced licensing fees, grants, low-interest loans, business training, and scoring assistance within the context of the licensing process.
Since 2016, six of the 18 states that made cannabis legal have passed social equity measures that seek to boost diversity in the cannabis industry. While the social equity programs in these states differ (much like the cannabis laws of the various states), some general themes have emerged when it comes to defining social equity and social equity applicants.
First, individuals with prior cannabis arrests, convictions, or adjudications that fall within certain guidelines (or family members of such persons) may qualify as a social equity applicant.
Second, persons that have resided in communities that have been most negatively impacted by the War on Drugs may qualify as a social equity applicant.
Third, social equity applicants may be required to own a majority of the business to come within the purview of the program, or may otherwise qualify if a majority of the company’s employees or contractors live in certain disadvantaged areas.
Finally, some social equity programs allow businesses owned by certain racial, cultural, or ethnic backgrounds to apply as social equity applicants. This courtesy is sometimes extended to small businesses owned by women and veterans.
While time will tell whether the various social equity programs developed across the country will be successful, it appears such programs are on the rise.
Just recently, Colorado lawmakers passed a bill that would set aside social equity licenses for prospective entrepreneurs and give them a leg up in getting started. Under the bill, social equity license holders would qualify for mentorship programs and financial incentives to help get their business off the ground.
Similar programs, which specifically set aside licenses for social equity applicants, are in play in other states.
Certain states, like Illinois, have set aside revenue from legal cannabis sales for restorative justice efforts. Such reinvestment into the communities most negatively impacted by the War on Drugs is vital to addressing the harms caused by our racist drug laws.
Cannabis companies themselves should be taking similar steps to reinvest in disadvantaged communities, and to assist with re-entry efforts for those persons that have been incarcerated for cannabis offenses. These efforts should also feature financial and other support for expungement and other clemency efforts.
In addition to the foregoing, there are other steps that the cannabis industry can take to promote diversity and equality.
Racial (and other diversity), not just within a company’s employees, should be promoted so that issues related to racism and other oppression may be addressed in the context of those communities most impacted by those issues. An industry run by mostly white males may struggle to address issues that impact minorities, women, and persons of different sexual orientation.
In conjunction with diversifying management/ownership, cannabis companies must heed the experiences and stories of those with different backgrounds. Such an open-minded approach is more inclusive and will make room for all ways of thinking. This will only promote a more fair and equitable business model that sends the message that all viewpoints are needed.
Cannabis companies should also support an atmosphere of promoting employees from entry-level positions to management. A cannabis company’s management should strive to be diverse (in terms of race, gender, and sexual orientation).
These companies should work with others and advocacy groups like 70 Million Jobs (a staffing agency for people with criminal records), Vangst (a cannabis staffing agency), The Last Prisoner Project (focused on cannabis and criminal justice reform), and Mission Green (owned and run by former cannabis offender Weldon Angelos), the Minority Cannabis Business Association (a 501(c)(6) non-profit business league promoting diversity in the cannabis industry), and others to assist cannabis offenders to re-enter society and to work in the legal cannabis industry.
The industry cannot truly move forward without acknowledging and addressing the evils of the past. Those communities most negatively impacted by the War on Drugs, must have a place at the legalization table, and it is on the cannabis industry to ensure that happens.
Stay tuned Green Scene! Another War on Drugs segment from The Leafy Lawyer releasing tomorrow. . .
