As marijuana legalization gains momentum and spreads across the country it’s time to take stock of the soaring numbers and figure out what they mean for the black community.
According to CNN, support for legalizing marijuana has risen from: 16% in 1987 to 26% in 1996; 34% in 2002; and 43% two years ago.
Just a few months ago, a poll found 55% of those questioned nationally said marijuana should be taxed and regulated, 44% disagreed.
Two-thirds of those aged 18 to 34 said marijuana should be legal, with 64% of those 34 to 49 in agreement.
Half of those 50 to 64 believe marijuana should be legal, but that number dropped to 39% for those age 65 and older.
Black Enterprise talked with Art Way, senior policy manager, Colorado, of the Drug Policy Alliance who isn’t surprised that most of the legalization resistance comes from the elderly. “Many of those over 50 years old or who came from the old civil rights guard did not support marijuana legalization and really took a hardline in the drug war,” he says.
That hardline is expected to soften now that the numbers show the disparate and selective discriminatory enforcement of the drug war. Over the years, the drug wars were predominantly fought in African American communities and the collateral consequences have not been kind to people of color.
Way says, “Many of our people were labelled drug offenders and have drug convictions on their records which impact them regarding employment in all aspects as well as education and housing.”
African Americans make up 13% of the country’s population — yet, 31% of those arrested and more than 40% of people incarcerated for drug offenses are black. A black person is four times more likely than a white person to be arrested for marijuana possession in the U.S.
Michelle Alexander, author of The New Jim Crow, says, “After 40 years of impoverished black men getting prison time for selling weed, white men are planning to get rich doing the same things.”
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Way says, “Drug laws have always been used to maintain a social or racial hierarchy within this country and it continues to this day in places like New York City or Chicago, where 85% of all the drug possession charges are young black and brown people.”
In November 2012, Colorado voters passed an amendment that taxed, regulated or legalized marijuana for adult use. So not only is it decriminalized when it comes to possession – but people are able to purchase it legally – as long as they’re over 21 – at stores that are regulated by the state.
But the business and the industry was closed off, for the first nine months beginning January 1, to only medical marijuana owners. That deadline expires in October when the market opens up for qualified dealers.
So now that a nationwide legalization is looking increasingly imminent, how can blacks profit legally? Especially after being disproportionately targeted during marijuana prohibition.
There’s a catch-22. The only people allowed to legally sell weed are people who have maintained good standing and were previously in the medical marijuana industry. Which leaves out millions of African Americans across the country with drug convictions.
According to Way, “In Colorado, if you had a felony within the previous five years of applying to be an owner, that felony will bar you. If you had a drug felony within the previous 10 years that felony will bar you. Simple possession of marijuana within the last 10 years won’t bar you. Previously any drug charge would prevent people from taking part, but we’ve refined it and made it better over the years.”
For those within the black community that do qualify to get a license, there are several ways to engage in this emerging market.
Interested black business owners can apply to own a dispensary, or to become a grower and own a grow house – or you can get involved in the marijuana infused products industry. These include the edibles, and the tinctures, the salves and drinks that are marijuana infused. Or you can simply become an employee within the industry. There is also the collateral industry which employs carpenters, electricians and laborers.
Way and other members of the Drug Policy Alliance are appealing to black small business owners to engage in the emerging market. Especially those above the age of 50.
“Are those in a good position to become owners and become engaged in the industry willing to? Given the fact that many of them probably do not support legalization?” asks Way. “Those who are able financially without the criminal background to prevent them, that’s the specific demographic that were trying to reach.”
In order to reach them, Way says they’ll have to help erase the stigmas.
“We need to educate members of our communities. Let them know that the opportunity is available for those of us who are able to engage on a higher level or to be at the level of ownership. We need to talk about the potential harms of marijuana and actually base that conversation on science as opposed to the propaganda we’ve had under prohibition.”