Cannabis Reform in Black Communities

It was Bob Marley who famously said, “Ganja (cannabis) comes out of the ground, so it can’t be bad.” At the time, many Americans viewed cannabis—often referred to as marijuana—as the evil weed.

This perception was shaped by the strict legislation such as the Marijuana Tax Act of 1937, the Boggs Act of 1952, and the Narcotics Control Acts of 1956. These laws imposed harsh penalties, including mandatory prison sentences of 2 to 10 years for first offenders and fines as high as $20,000. As a result, cannabis possession was widely feared, avoided, and came with a stigma.

However, public perception began to shift as influential figures like Bill Hicks, Carl Sagan, Steve Martin, Arnold Schwarzenegger, Hunter S. Thompson, Morgan Freeman and even billionaire Steve Jobs, speaking openly about cannabis and its benefits.

After a car accident in 2008 that left him with severe injuries, Morgan Freeman stated, “Marijuana has many useful uses. I have fibromyalgia pain in this arm, and the only thing that offers any relief is marijuana.” Once demonized, cannabis is now legal for recreational and medical use in 31 states and Washington D.C., according to the Marijuana Policy Project.

The decriminalization of cannabis in many U.S. states has created numerous economic opportunities, increased public acceptance, and contributed to a reduction in incarceration rates for cannabis-related offenses. Yet, despite this progress, deep-rooted inequities in the system continue to persist. For example, despite a 36 percent decline in arrests from marijuana possession between 2019 and 2020, over 300,000 people were still arrested for this in 2020, 27.5% of which involved marijuana. Also, there are still about 40,000 people incarcerated for cannabis-related offences.

What’s Behind the Cannabis Disparities?

The Brennan Center for Justice has noted that Black Americans were disproportionately targeted for drug possession and distribution—primarily cannabis—during the height of the War on Drugs of the 1980s and 1990s.

According to a 2015 report from the United Nations Office of Drugs and Crime, the US incarcerated more people (and mostly Black) than any other country between 1980 and 2013. This surge in incarceration was largely due to the strict drug laws. Despite making up only 13 % of the US population, Black people accounted for a significant share of those convicted for drug-related offenses.

The report revealed that Black Americans made up 30% of those arrested for drug law violations, and nearly 40% of them were sent to federal or state prison. This raises the question: if the federal data suggest that drug usage rates are roughly the same across racial groups, why are Black individuals so disproportionately imprisoned, even today?

Although legalization is spreading and more people are becoming more aware of the importance of cannabis, the problem persists:

Expungement is Inconsistent

In 2024, the Washington Post reported that over 2 million Americans’ drug cases have been expunged or pardoned in recent times, and most of these people are Black. During President Biden’s administration, he pardoned 6,500 people with minor cannabis charges. Massachusetts Gov. Maura Healey was one of the governors who followed Biden’s direction. But there are still a significant number of states in the US that don’t automatically clear past cannabis convictions.

Unequal Business Access

With legalization, the marijuana business is booming, and my brotha, Snoop Dogg, could be smiling to the bank. However, many people are still struggling to get the license they need. Even when they do, licensing and having the collateral for a brick and mortar establishment are costly. Once the dispensary is established, the price of the cannabis becomes quite costly. According to Time Magazine, this is why many still prefer to buy from illegal vendors, because they’re cheaper. It is the reason why, with the boom in cannabis, many are not getting rich.

Federal Law Conflict

Even though many states have legalized cannabis, it remains an illegal Schedule I drug under Federal Law (the Controlled Substances Act of 1970) with no generally accepted medical use and a high abuse potential, hence, it is subjected to strict federal penalties. This conflict between federal and state laws has created banking and taxation challenges for many users and business owners.

From Prison to Prohibition: Black Entrepreneurs Shut Out

One of the most silent injustices in cannabis reform, which is speaking out so loudly, is the exclusion of many Blacks harmed by past laws from today’s legal industry. What is the justification for excluding people who have paid their dues for nonviolent cannabis offenses? These people, most of whom are Black, face legal, financial, or regulatory barriers that prevent them from owning or operating cannabis stores.

For example:

Felony Exclusion: Even after serving a prison sentence or paying a fine, many states punish individuals with drug convictions by disqualifying them from obtaining a license

Licensing cost: According the Department of Cannabis Control, in California, you are required to pay almost $9000 as an application fee for medium indoor cultivation of cannabis and nearly $78000 as a license fee. You even pay far more in other states. Without generational wealth or loans, how many Black entrepreneurs can afford it?

What Can It Be Used For?

Cannabis offers immense benefits, including pain relief, reduced anxiety, and improved sleep. It’s also used to manage health issues like epilepsy, PTSD, and chronic pain. As more research emerges, people are learning more about its potential in medicine, wellness, and even economic development.

The methods of use are:

Smoking
Vaporizing
Edibles
Topical creams/lotions/patches

In the field of medicine, cannabis has been used to treat individuals with a variety of conditions, including:

Chronic pains
Epilepsy
Nausea and vomiting
Multiple sclerosis (MS)
Irritable bowel syndrome
Anxiety and depression
Insomnia
Glaucoma
Post-traumatic stress disorder (PTSD)
Alzheimer’s disease

For recreation, it has been used for the following:

Relaxation and stress relief
Mode alteration
Social interaction

Decriminalizing cannabis is just the first step. To achieve the complete solution, we need to go many more miles. Equity, justice, and representative opportunities are required to get there. Otherwise, this legalization of cannabis will be replacing one form of systemic discrimination with another.

Additional Reading: