Persistent Inequities in Cannabis Policy

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Persistent Inequities in Cannabis Policy
M
                                                                                                                                            arijuana is one of the most-used
Persistent Inequities                                                                                                                       psychoactive substances in the
                                                                                                                                            United States, second only to

in Cannabis Policy                                                                                                               alcohol in popularity. An estimated 45 per-
                                                                                                                                 cent of the adult population have now tried
                                                                                                                                 it in their lifetime.1 Public support for legal-
By Katharine Neill Harris and William Martin                                                                                     ization has surged. A September 2019 Pew
                                                                                                                                 Research poll found that 91 percent of
                                                                                                                                 adults approve of legalizing cannabis for
                                                                                                                                 medical use, and 59 percent of this group
                                                                                                                                 say it should be legal for general adult use
                                                                                                                                 as well.2
                                                                                                                                     Marijuana policy is slowly but steadily
                                                                                                                                 catching up to American preferences.
                                                                                                                                 Since 1996, 35 states have loosened can-
                                                                                                                                 nabis laws. The majority of the U.S.
                                                                                                                                 population lives in a state with legalized
                                                                                                                                 medical access and a growing plurality live
                                                                                                                                 in a state where it is legal for adult use.3 In
                                                                                                                                 November 2020, cannabis legalization mea-
                                                                                                                                 sures were approved in all states that had
                                                                                                                                 them, including Mississippi (for medical
                                                                                                                                 purposes); Arizona, New Jersey, and Mon-
                                                                                                                                 tana (for general adult use); and South
                                                                                                                                 Dakota (for both).
                                                                                                                                     Despite being widely available and
                                                                                                                                 highly tolerated, if not enthusiastically
                                                                                                                                 endorsed, marijuana remains an integral
                                                                                                                                 feature of the larger War on Drugs. More
                                                                                                                                 people are arrested for cannabis possession
                                                                                                                                 than any other offense in the United
                                                                                                                                 States. There were over 1.6 million drug
                                                                                                                                 arrests in 2018; 43 percent were marijuana
                                                                                                                                 related.4 Ninety-two percent of these mari-
                                                                                                                                 juana arrests were for possession.5
                                                                                                                                     Marijuana law enforcement has always
                                                                                                                                 disproportionately impacted people of
                                                                                                                                 color, a pattern that continues despite
                                                                                                                                 reform. Minorities are also less likely to

                                                                                                                                    Katharine Neill Harris and William
                                                                                                                                    Martin are with Rice University’s Baker
                                                                                                                                    Institute for Public Policy.

WINTER 2021 •         The
                            Judges’ Journal                                                                                                                                                9
Published in The Judges' Journal, Volume 60, Number 1, Winter 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
benefit from the financial opportunities                         and while increasingly punitive, drug policy                    Racial Disparities in Enforcement
and legal access promised by legalization.                       was still largely piecemeal. The 1970 Con-                      Cannabis use rates are roughly equivalent
Structural resistance to change and logis-                       trolled Substances Act streamlined drug                         across racial groups, yet Black people on
tical hurdles to developing and                                  policies by creating a classification system                    average are 3.64 times more likely to be
implementing new regulatory structures are                       based on abuse potential and medical ben-                       arrested for possession, a disparity that has
part of the problem. But at a basic level,                       efits.11 Marijuana, deemed to have no                           remained constant since 2010 despite sev-
these inequities persist because of the fail-                    medical value and high potential for abuse,                     eral states’ loosening restrictions since
ure to center reform around racial justice.                      was placed in Schedule I, where it remains                      then.17 Troublingly, disparities increased in
    A supposed benefit of policy change,                         today despite a wealth of evidence showing                      31 states between 2010 and 2018.18
racial justice has too often been eclipsed                       the errors of this categorization.12                                States that have legalized marijuana
by arguments touting the economic and                                The linchpin of public support for mari-                    sales or decriminalized marijuana posses-
personal liberty gains of legalization. Until                    juana prohibition—its association with                          sion have lower rates of racial disparities in
recently, the expectation that legalization                      minorities and “deviant” populations—                           arrests compared to those that maintain
will improve racial equity has been treated                      began to weaken in the 1960s as more                            prohibition. But in several states that legal-
as a foregone conclusion, one requiring no                       middle-class white youth used cannabis                          ized or decriminalized possession between
additional action beyond legalization itself.                    and the civil rights movement demanded                          2010 and 2018, arrest disparities have
We now know, and should have always                              equality for the disenfranchised. These                         increased, even as arrest rates have
known, that this is not the case.                                changes, however, coupled with the coun-                        declined, demonstrating that these reforms
                                                                 try’s fracturing over the Vietnam War,                          alone are not enough to remedy systemic
War on Marijuana: A Brief History                                sparked anger and fear among white Chris-                       inequities.19
Until roughly 100 years ago, prohibition of                      tian conservatives.13 Richard Nixon, first                          In some places, both arrests and dispari-
mind-altering substances in the United                           in his presidential campaign and then dur-                      ties have trended up post-legalization. In
States was a haphazard endeavor. A few                           ing his tenure in the White House,                              L.A. County, marijuana arrests increased
states had laws against cannabis, cocaine,                       exploited and perpetuated white resent-                         between 2017, a year before legalization, and
and opium use, motivated by xenophobia,                          ment over integration and civil rights by                       2019, a year after legalization. During that
racism, and fear that drugs would trigger                        constructing drugs and crime as problems                        period, the proportion of people arrested
the moral demise of white people.6 The fed-                      of the urban poor and minorities.14 In 1971,                    who were Black increased from 29 percent
eral government’s role in cannabis                               he declared the “War on Drugs.” In a recent                     to 42 percent.20 Most of these arrests were
prohibition began in the 1930s with Harry                        interview, John Ehrlichman, a former                            related to transporting or selling marijuana,
Anslinger and the Federal Bureau of Nar-                         domestic policy chief for Nixon, stated,                        but, as others have pointed out, these
cotics (FBN). Anslinger, who led the FBN                         “We knew we couldn’t make it illegal to be                      charges are typically based on officer
for 32 years, saw in cannabis an opportu-                        either against the war or black, but by get-                    assumptions, not direct viewing of selling
nity to expand his agency’s power, which                         ting the public to associate the hippies with                   activity.21 In Los Angeles, the vast majority
until that point was largely limited to                          marijuana and blacks with heroin, and                           of legal marijuana dispensaries are in white
enforcing restrictions on opium prescrib-                        then criminalizing both heavily, we could                       neighborhoods, so state-sanctioned mari-
ing.7 He launched a campaign vilifying                           disrupt those communities.”15                                   juana purchases are less physically accessible
marijuana, his preferred term due to its                             Reflecting the changing attitudes on                        to minority communities.22
Mexican roots, claiming that it spawned                          cannabis use, 11 states reduced penalties                           Data from other cities suggest that
criminal activity and sexual proclivity                          for cannabis possession between 1973 and                        minorities are more likely to get arrested
among all who used it, but especially                            1978.16 But the ensuing intensification of                      for minor marijuana-related law violations.
among Blacks and Hispanics—a crusade                             the drug war halted further reforms, and                        In Washington, D.C., for example, where
we know today as “Reefer Madness.”8                              state cannabis laws remained relatively                         ending racial disparities was a central tenet
    The campaign was so successful that all                      stagnant until 1996, when California legal-                     of the successful 2014 campaign to legalize
48 states adopted anti-cannabis laws by                          ized cannabis for medical use.                                  marijuana possession, 84 percent of people
1936; and in 1937, the United States passed                                                                                      arrested for public consumption since the
the Marihuana Tax Act.9 The new law                              Continuing Inequities in                                        change took effect have been Black (45 per-
required people to register with the federal                     Cannabis Policy                                                 cent of the city’s population is Black).23
government and pay a tax on cannabis                             The recent shift toward legalization, while                         When states legalize medicinal canna-
sales. More significantly, it enabled the                        beneficial in many respects, has not been                       bis use without taking additional measures,
FBN to strengthen its enforcement powers,                        enough to undo the racism endemic to can-                       arrest disparities are also likely to continue,
and it solidified the framing of cannabis                        nabis policy. This is apparent in the                           if not increase. Arizona, Arkansas, Florida,
use as a criminal act.10 In the 1950s,                           persistent disparities in enforcement of                        Georgia, Louisiana, Montana, New Jersey,
national and state-level laws enhanced                           remaining marijuana laws and in access to                       Oklahoma, Pennsylvania, Utah, and West
penalties for marijuana possession and sale,                     the marijuana industry and its profits.                         Virginia currently allow medical use but

10                                                                                                                                            The
                                                                                                                                                    Judges’ Journal • VOL. 60 NO. 1
Published in The Judges' Journal, Volume 60, Number 1, Winter 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
prohibit simple possession (Montana and                          Simply Pure in Denver, becoming the first                           Lack of access to capital and systemic
Arizona had legalization initiatives on the                      Black person legally licensed to own a can-                     economic racism dramatically winnow out
November ballot and passed).24 Many peo-                         nabis dispensary, she hoped other Black                         the wannabes from the weed field. At less
ple who use marijuana illegally do so for                        entrepreneurs would follow her lead. Per-                       than $10,000 each, cultivation and dispen-
medical conditions. Residents of medical                         haps instead of serving as an entrapping                        sary licenses in Colorado are quite
cannabis states can obtain a license fairly                      agent that funnels Black men and women                          reasonable, but so many have been issued
easily—if they have health care access.                          into jails and prisons, marijuana would pro-                    that new applications are distributed by lot-
Minorities and people who are poor are less                      vide honest employment in neighborhoods                         ter y and the competition from
likely to have this access and are also less                     lacking opportunity and inject sorely                           long-established growers and dealers is stiff.
likely to live near licensed dispensaries.                       needed money back into communities of                               In many other states, these licenses are
These factors increase the likelihood that                       color. But when PBS reporter Yamiche                            much more expensive. Illinois charges
marginalized communities will continue                           Alcindor asked for her view of the canna-                       $25,000 just to apply for the cultivation fee;
to use marijuana illicitly—even if they                          bis industry in June 2020, her response was                     those who are successful pay an annual fee
have legitimate medical reasons to use and                       blunt: “White men. White men. White                             of $100,000. The range is wide and can
live in a state with medical access—and                          men. White men.”28                                              depend on the cultivation area. Some states
thus be more vulnerable to law enforce-                              James’s perspective was understandable.                     require evidence of deep pockets before
ment intervention.                                               A Denver Cannabis Business and Employ-                          even considering an application. Just to
    Marijuana arrest disparities are likely                      ment Opportunity Study published that                           apply for a $100,000 annual cultivation fee
greater than available figures suggest. The                      same month reported that almost 75 per-                         in Arkansas, applicants must have a $1 mil-
Federal Bureau of Investigation’s Uniform                        cent of the owners of licensed cannabis                         lion bond or assets worth $1 million and
Crime Report, the go-to source for aggre-                        businesses in Denver city and county were                       be able to show $500,000 in cash liquidity
gated arrest data, does not specify Latinx                       white, as were 68 percent of the employees                      to indicate the ability to be a viable com-
ethnicity, typically coding individuals who                      of such businesses. “Blacks or African                          pany in an increasingly competitive
identify as Latinx as white. This neglects                       Americans” accounted for less than 6 per-                       industry.32 Not surprisingly, similar chal-
to account for disparate treatment of this                       cent in both those categories.29 Denver,                        lenges face those seeking to operate retail
group and underestimates the Black-white                         however, is far from anomalous. A 2017 sur-                     cannabis dispensaries.33
disparities by inflating the number of white                     vey of 389 cannabis businesses in the 33                            Such regulations can discourage aspi-
marijuana arrests.25                                             states and D.C. where medicinal or adult-                       rants with the knowledge and ability to
    Conviction for a drug offense can have                       use marijuana is legal, found that 81                           grow and sell cannabis successfully but
serious consequences. A student can be                           percent of people who have “launched a                          without that much cash in hand.34 Aaron
tossed out of school or lose a college loan or                   cannabis business and/or have an owner-                         McCrary, co-owner of one of the two
scholarship. A parent can lose custody of a                      ship stake in a marijuana company” are                          Black-owned cultivation facilities in
child or be barred from subsidized housing.                      whites, 5.7 percent are Hispanic/Latinos,                       Nevada, explained the dilemma to the
A criminal record of any magnitude can                           and only 4.3 percent are Blacks/African                         Marijuana Business Daily. “When regula-
make it extremely difficult to land a job.                       Americans.30                                                    tors require $250,000 of liquid assets to
Even when a conviction has been expunged,                            These low levels of involvement cannot                      score points on an application for new
it does not completely go away, and many                         be explained as a failure of Blacks and                         licenses, those applicants with generational
employers can likely see it without much                         other minorities to see the mind-blowing                        wealth have a distinct leg up,” he said. “The
effort. And even without a conviction, a                         potential of the new industry. They saw it,                     ability to access large sums of legitimate
marijuana arrest creates a publicly available                    they see it, they want to be part of it, but                    capital,” he said, “is the No. 1 impediment
criminal record and can shape future inter-                      formidable obstacles, many already in place                     to success of all small businesses.”35
actions with the police.26 It would be naive                     for generations, make attaining it a daunt-                         According to Marijuana Business Daily,
not to think this would be a greater disad-                      ing, often-disillusioning challenge. In the                     “The vast majority of U.S. marijuana com-
vantage to Blacks than to whites.27                              early push to legalize medicinal and adult-                     panies are privately owned and self-funded
                                                                 use cannabis, it appears that no serious                        by the founders.” Friends and family can
Racial Disparities in the Cannabis                               effort was made to facilitate involvement                       chip in to help, “but only a small percent-
Industry                                                         of minorities. Diversity and equitable dis-                     age of cannabis companies . . . will manage
Unfortunately, the racial disparity evident                      tribution of the expected benefits simply                       to secure funding from private equity/ven-
in the treatment of people who use mari-                         weren’t on the agenda. Ashley Kilroy, direc-                    ture capital firms or angel investors. . . .
juana illegally finds its counterpart in the                     tor of Denver’s Office of Marijuana Policy,                     Furthermore, investors able to provide the
burgeoning commercial industry that has                          said, “People didn’t know what they didn’t                      amount of funding that cannabis busi-
developed in states that have legalized                          know at the time. I think [they] were just                      nesses need to get off the ground are,
medical and/or adult use of cannabis.                            trying to get this passed and . . . up and                      generally speaking, white males. Whether
   In 2009, when Wanda James opened                              running.”31                                                     consciously or unconsciously, white male

WINTER 2021 •         The
                            Judges’ Journal                                                                                                                                               11
Published in The Judges' Journal, Volume 60, Number 1, Winter 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
investors tend to fund businesses run and                        State implemented a program to grant mar-                       always sufficient. Massachusetts’s licensing
led by people who look like them—putting                         ijuana retail licenses to individuals                           program includes provisions to assist
women and racial minorities at a                                 impacted by the drug war.41                                     minority applicants or those who meet cri-
disadvantage.”36                                                     Other states are attempting to tackle                       teria such as having a past drug conviction
                                                                 racial disparities in conjunction with legal-                   or living in a neighborhood disproportion-
Policies to Improve Equity                                       ization. Illinois’s racial disparities in                       ately impacted by the drug war, but these
Most early iterations of marijuana reform                        marijuana arrests increased by over 100                         efforts are hampered by local control over
did not incorporate equity provisions. That                      percent between 2010 and 2018, even                             the process that advantages big-money
is starting to change, albeit more slowly                        though it decriminalized possession in                          players.47 When Ohio legalized medical
than justice advocates would like. Federal                       2016.42 But the Illinois Cannabis Regula-                       cannabis, the law required that 15 percent
leadership, conspicuously absent so far,                         tion and Tax Act, signed into law in 2019,                      of dispensary licenses be reserved for racial
could provide a blueprint for slow-moving                        includes measures for automatic expunge-                        minorities.48 This provision seemed effec-
states to adopt equitable reforms. The Mar-                      ment of prior marijuana convictions (an                         tive; by 2018, 16 percent of state-awarded
ijuana Opportunity Reinvestment and                              estimated 740,000 cases are eligible); assis-                   licenses had gone to minorities, but this
Expungement Act of 2019 (MORE Act)                               tance in obtaining licensing, funding, and                      “racial quota” system was later found
provides such an opportunity.                                    training for marijuana business ownership                       unconstitutional.49
    The MORE Act would decriminalize                             for people impacted by prohibition; and dis-
marijuana by removing it from the list of                        tribution of 25 percent of tax revenue to a                     Conclusion
federally controlled substances and abol-                        community investment program.43 It is too                       Cannabis legalization alone cannot erase
ishing criminal penalties for possession,                        soon to tell whether the program, imple-                        the racist legacy of prohibition. Many addi-
distribution, and manufacturing.37 Several                       mented in January 2020, is having the                           tional measures are needed to dismantle
other provisions address racial disparities                      intended effect, but it is a promising effort.                  this system. Expungements for past convic-
and other damages caused by the drug war,                            Still, equity concerns are too often not                    tions should be automatic. Penalties for
including establishing a federal expunge-                        a central focus of reform initiatives. The                      remaining law violations in legal states,
ment process for marijuana convictions,                          legalization measures in Mississippi, Mon-                      such as underage or public use, should be
prohibiting denial of federal benefits or                        tana, and South Dakota do not address                           drastically reduced or eliminated and
immigration protections on the basis of                          industry equity, and while Arizona and                          should not include collateral consequences
marijuana-related convictions, creating a                        Montana allow residents to apply for                            like state supervision. Medical legalization
trust fund to support services in communi-                       expungement of past marijuana convic-                           measures should decriminalize simple
ties impacted by the drug war, and requiring                     tions, this is a limited offering that burdens                  possession.
the Bureau of Labor Statistics to collect                        individuals with initiating the process.44                          Newly created medical and adult-use
and publish demographic data on those                                Even when policymakers try to address                       programs must incorporate social equity
who work in the marijuana industry.38 Fed-                       racial disparities, effort does not guarantee                   measures from the outset. In addition to
eral decriminalization would also help                           success. Sometimes bill language is too                         giving priority licenses to social equity
diversify the cannabis industry by giving                        vague, as in Maryland’s case, where law-                        applicants, states should provide assistance
banks the green light to approve loans for                       makers directed the Medical Cannabis                            with the licensing process, lower the finan-
cannabis-related businesses, granting                            Commission to “actively seek to achieve                         cial barrier to entry, and fund programs
potential access to capital among less                           racial, ethnic, and geographic diversity.”                      that offer mentorship and training in the
wealthy cannabis entrepreneurs.                                  None of the first 15 licenses issued in the                     industry.50 States and localities should com-
    The House of Representatives is                              state went to Black applicants. Joe Gaskin,                     mit to investing a sizable portion of
expected to vote on the MORE Act later                           a spokesperson for the African American                         industry tax revenue in communities
in 2020.39 Even if it is signed into law, an                     Cannabis Association, said, “unfortunately,                     impacted by the drug war. Localities should
outcome far from certain, the degree to                          when minority inclusion has been written                        seek residents’ input regarding how these
which cannabis policies promote equity                           into legislation, there is a struggle to gain                   funds are spent. Data collection, transpar-
effectively will also depend on individual                       support and passage into law.”45 The state’s                    ency in the licensing process, and fiscal
states. Some states have incorporated                            medical cannabis program was sued for fail-                     accountability are critical to ensuring these
equity measures, but these efforts vary con-                     ing to promote industry diversity, and                          measures are effective.
siderably. A few early legalizers that ignored                   Maryland has since passed legislation more                          States and localities should be doing all
equity factors initially have since made                         explicitly requiring consideration of appli-                    they can to implement cannabis reform in
tweaks to address these concerns. Califor-                       cants’ race, but the program continues to                       an equitable manner, but, ultimately, we
nia legalized adult use in 2016 and                              encounter reg ulator y a nd legal                               need national leadership. The federal gov-
instituted automatic expungement for past                        problems.46                                                     ernment started the war on marijuana, and
convictions in 2018.40 In 2020, eight years                          Specific language is necessary to achiev-                   it must be the one to end it. It is the only
after it legalized adult use, Washington                         ing desired equity outcomes but is not                          entity that can remove cannabis from the

12                                                                                                                                            The
                                                                                                                                                    Judges’ Journal • VOL. 60 NO. 1
Published in The Judges' Journal, Volume 60, Number 1, Winter 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
list of Schedule I controlled substances,                        harpers.org/archive/2016/04/legalize-it-all.                       37. Marijuana Opportunity Reinvestment and
allow more scientific research, and give                           16. Neill Harris, supra note 13.                              Expungement Act, Summary: S.2227, 116th Cong.
banks legal cover to provide cannabis-                             17. ACLU, supra note 4.                                       (2019–2020), https://bit.ly/3jcOFu4.
related business loans. When the federal                           18. Id.                                                          38. Id.
government eventually enacts marijuana                             19. Id. These states include Delaware, Illinois,                 39. Sarah Ferris & Natalie Fertig, House Punts
reform, we hope it will do so with social                        Maine, New Hampshire, Rhode Island, and                         Marijuana Vote, Politico (Sept. 17, 2020), https://
justice and racial equity as primary goals                       Vermont.                                                        politi.co/334DrSp.
and that this victory will mark the begin-                         20. Alexander Lekhtman, Why Are Black Arrest                     40. A.B. 1793, ch. 993, Cal. Legis. Info. (Oct.
ning of an end to the War on Drugs. n                            Rates for Marijuana Rising in Los Angeles?, Filter              1, 2018), https://bit.ly/3j6FECp.
                                                                 Mag. (July 16, 2020), https://bit.ly/3cCMkWO.                      41. Wash. State Liquor & Cannabis Bd., Fact
Endnotes                                                           21. Id.                                                       Sheet: Bill No. E2SHB 2870, Allowing Additional
    1. SAMHSA, Results from the 2018                               22. Id.                                                       Marijuana Retail Licenses for Social Equity Purposes
National Survey on Drug Use and Health                             23. Paul Schwartzman & John D. Harden, D.C.                   (June 11, 2020), https://bit.ly/3kTuqBI.
(2019).                                                          Legalized Marijuana, But One Thing Didn’t Change:                  42. ACLU, supra note 4.
    2. Andres Daniller, Two-thirds of Americans                  Almost Everyone Arrested on Pot Charges Is Black,                  43. Overview of the Illinois Cannabis Regulation
Support Marijuana Legalization, Pew Rsch. Ctr.                   Wash. Post (Sept. 15, 2020), https://wapo.                      and Tax Act, Marijuana Pol’y Project (2019),
(Nov. 14, 2019), https://pewrsr.ch/2Gh99mv.                      st/344qSpt.                                                     https://bit.ly/3690gqf; Adult-Use Legalization Pro-
    3. Christopher Ingraham, Michigan Becomes                      24. ACLU, supra note 4.                                       gram Launches, Marijuana Pol’y Project (Jan.
10th State to Allow Recreational Marijuana, Wash.                  25. Id.                                                       21, 2020), https://bit.ly/3idfWLC.
Post (Nov. 7, 2018), https://wapo.st/2S8gG9T;                      26. Just a Slap on the Wrist? The Life-Changing                  44. See 2020 Ballot Initiatives, Marijuana Pol’y
Medical Marijuana Patient Numbers, Marijuana                     Consequences of a Marijuana Arrest, Drug Pol’y                  Project (2020), https://bit.ly/3eCSpU8.
Pol’y Project (July 6, 2020), https://bit.ly/36e1dNV.            All. (Feb. 9, 2016), https://bit.ly/3kYWy6A.                       45. Brentin Mock, Race and Weed in Maryland,
    4. Am. Civil Liberties Union, A Tale of Two                    27. Chris Keyser, Who Can See My Criminal                     Bloomberg CityLab (May 4, 2017), https://bloom.
Countries: Racially Targeted Arrests in the                      Record After It Is Expunged?, Keyser L. Blog (Dec.              bg/3i3JVoV.
Era of Marijuana Reform (2020).                                  6, 2016), https://bit.ly/3cIc4kn.                                  46. See Erin Cox, Maryland Medical Marijuana
    5. Id.                                                         28. Yamiche Alcindor, Why the Legal Marijuana                 Regulators Sued for Not Considering Racial Diversity
    6. Kenneth J. Meier, The Politics of Sin:                    Industry Is Now Struggling with Diversity and Inclu-            of License Winners, Balt. Sun (Oct. 31, 2016),
Drugs, Alcohol, and Public Policy (1994);                        sion, PBS News Hour (July 12, 2020), https://                   https://bit.ly/2S0aqRM; Doug Donovan, Mary-
Michael Tonry, Race and the War on Drugs, 1994                   to.pbs.org/3i8yFYG.                                             land’s Plan to Diversify Medical Cannabis Market
Univ. Chi. Legal F. 25 (1994).                                     29. Analytic Insight, Denver Cannabis Busi-                   Attracts 160 Applicants for 14 New Licenses Despite
    7. See Johann Hari, Chasing the Scream:                      ness and Employment Opportunity Study 17                        Snags, Balt. Sun (May 29, 2019), https://bit.
The Opposite of Addiction Is Connection                          (June 2020), https://bit.ly/3cDkr0x.                            ly/3481a3s; Mary Anne Pazanowski, Suit over
(2015).                                                            30. Eli McVey, Chart: Percentage of Cannabis                  Maryland’s Medical Marijuana Licensing Scheme
    8. Id.                                                       Business Owners and Founders by Race, Marijuana                 Bounced, Bloomberg Law (Sept. 17, 2020), https://
    9. Katharine Neill, Tough on Drugs: Law and                  Bus. Daily (Sept. 11, 2017), https://bit.ly/3mY4yqo.            bit.ly/3j9D4M2.
Order Dominance and the Neglect of Public Health                   31. Alcindor, supra note 28.                                     47. Natalie Fertig, Local Rule Is Undermining
in U.S. Drug Policy, 6 World Med. & Health                         32. Associated Press, Want to Grow Arkansas                   Massachusetts’ Attempt to Create Equity in the Can-
Pol’y 375 (2014).                                                Medical Marijuana? Here’s How Much You Need to                  nabis Industry, Politico (Mar. 6, 2020), https://
  10. Meier, supra note 6.                                       Pay Annually, The Cannabist (Jan. 5, 2017),                     politi.co/3cEzjMq.
  11. David T. Courtwright, The Controlled Sub-                  https://dpo.st/36bC9Hj.                                            48. Eli McVey, Not All States’ Cannabis Social
stances Act: How a “Big Tent” Reform Became a                      33. Gary Cohen, How Much Does It Cost to Hold                 Equity Programs Are Equal, Marijuana Bus. Daily
Punitive Drug Law, 76 Drug & Alcohol Depen-                      a Cannabis Dispensary?, Cova (Oct. 23, 2019),                   (Aug. 20, 2019), https://bit.ly/3cxpr73.
dence 9 (2004).                                                  https://bit.ly/3mUPeL7.                                            49. Ohio Judge: Medical Marijuana Ownership
  12. See Nat’l Acads. Sci., The Health Effects                    34. Noelle Skodzinski, Your State-by-State Guide              “Racial Quota” Is Unconstitutional, Marijuana
of Cannabis and Cannabinoids (2017).                             to Cannabis Cultivation Business Application and                Bus. Daily (Nov. 19, 2018), https://bit.ly/36bW8pA.
  13. Katharine Neill Harris, North American Drug                Licensing Fees, Cannabis Bus. Times (Feb. 28,                      50. Jessica F. Gonzalez & Brian J. Ellis, Social
Policy: American and Canadian Developments from                  2019), https://bit.ly/36en8EW.                                  Equity and Cannabis in NJ Ahead of November Bal-
the Early Twentieth Century to Today, in Research                  35. Bart Schaneman, Scant Minority Ownership                  lot Initiative, N.J.L.J. (June 24, 2020), https://bit.
Handbook on International Drug Policy 54                         in Nevada’s Cannabis Industry, Spurring Calls for               ly/30eftm7.
(David R. Bewley-Taylor & Khalid Tinasti eds.,                   Social Equity Reform, Marijuana Bus. Daily (Aug.
2020).                                                           20, 2020), https://bit.ly/2FYJtvs.
  14. Neill, supra note 9.                                         36. Marijuana Business Daily, Women &
  15. Dan Baum, Legalize It All: How to Win the                  Minorities in the Cannabis Industry (2019),
War on Drugs, Harper’s Mag. (Apr. 2016), https://                https://bit.ly/2HyOHhH.

WINTER 2021 •         The
                            Judges’ Journal                                                                                                                                               13
Published in The Judges' Journal, Volume 60, Number 1, Winter 2021. © 2021 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof
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