The Justice Department’s recent move to reclassify marijuana as a lower-risk substance is nothing short of revolutionary. This proposed rule, sent to the federal register, acknowledges cannabis’s medical benefits and recognizes its lower potential for abuse compared to some of the nation’s most dangerous substances. Yet, while we celebrate this monumental step, we must scrutinize its impact on the Black community, which has been disproportionately punished by extreme marijuana laws for decades.
Attorney General Merrick Garland’s approval of this plan doesn’t mean marijuana is legal for recreational use. Instead, it shifts cannabis from Schedule I—where it unjustly sits alongside heroin and LSD—to Schedule III, joining substances like ketamine and certain steroids. This reclassification stems from a recommendation by the federal Health and Human Services Department, prompted by President Joe Biden’s call for a comprehensive review in 2022. But as we unpack this development, let’s delve deeper into what it means for those most affected by the war on drugs.
President Biden, in a powerful video statement, called this move “monumental” and a crucial step toward correcting historical injustices. “Far too many lives have been upended because of a failed approach to marijuana,” he said. “I’m committed to righting those wrongs. You have my word on it.” This statement, particularly in an election year, might rejuvenate Biden’s support among younger voters. Yet, we must ask: Will this shift truly address the systemic inequities that have plagued Black communities?
The racial disparities in marijuana arrests are staggering. Black individuals are nearly four times more likely to be arrested for marijuana possession than their white counterparts, despite similar usage rates. This has led to devastating consequences, tearing apart families and perpetuating cycles of poverty and disenfranchisement. The war on drugs, initiated in the 1970s, has disproportionately impacted Black and Brown communities, with harsh sentencing laws and aggressive policing tactics leading to mass incarceration. The reclassification of marijuana from Schedule I to Schedule III is a step toward addressing these injustices, but it must translate into meaningful action.
“I believe rescheduling is a step in the positive direction for current and future Black operators to have an opportunity to turn profit and have an equitable chance at surviving (and eventually thriving) in a highly regulated and difficult industry,” shared Chris Jackson, Board Chairman, National Cannabis Industry Association. Jackson says his role as Board Chair centers around leading the strategic vision for the industry’s oldest and largest trade member association.
Easing federal regulations on marijuana could transform the industry, estimated to be worth nearly $30 billion. This move could reduce the excessive tax burdens—sometimes exceeding 70%—that marijuana businesses face. It could also open doors for research by making it easier to conduct authorized clinical studies on cannabis. But amidst these economic opportunities, we must ensure that Black communities, which have been disproportionately targeted and marginalized, are not left behind.
Black entrepreneurs face significant barriers in entering the legal marijuana market, including limited access to capital and systemic discrimination. To ensure that Black communities benefit from the economic opportunities created by reclassification, targeted efforts must support minority-owned businesses and promote diversity within the industry. This means creating equitable access to licenses, providing financial assistance, and ensuring that the benefits of legalization are shared broadly.
Reclassification alone is not enough to rectify the harms caused by decades of punitive drug policies. Comprehensive social justice measures are needed to address the lasting impacts on Black communities. Expunging past convictions for marijuana-related offenses is a crucial step. Thousands of individuals, predominantly Black and Brown, continue to suffer the consequences of criminal records, limiting their employment opportunities, housing prospects, and overall quality of life.
“The Biden Administration’s action to move towards reclassifying Cannabis from Schedule I to Schedule III is certainly a major step in the right direction but progress can’t stop there,” said Jackson. “While operators in the space, both large and small, will certainly benefit from the action, the goal must remain rescheduling Cannabis completely. There needs to be an even larger focus on releasing individuals that are serving prison time for Cannabis related crimes and repairing communities that are recovering/suffering from the failed war drugs.”
President Biden has taken initial steps by pardoning thousands of people convicted federally of simple possession of marijuana. He has also called on governors and local leaders to follow suit and erase state-level convictions. These actions are commendable, but they must be part of a broader effort to repair the damage inflicted by the war on drugs. Community reinvestment programs are essential to support those who have been most affected by marijuana criminalization. Funds generated from the legal marijuana industry should be directed toward education, healthcare, housing, and job training in communities disproportionately impacted by drug enforcement policies. These initiatives can help rebuild and empower communities that have been systematically oppressed and neglected.
Public comment and participation in the rulemaking process are vital. The 60-day comment period following the notice of proposed rulemaking provides an opportunity for individuals and organizations to voice their perspectives and advocate for policies that promote social justice. It is essential to hold the DEA and other regulatory bodies accountable to ensure that the reclassification of marijuana leads to tangible improvements in the lives of Black individuals and communities. “It should also signal to local governments that they should become more knowledgeable around the opportunities for private/public partnerships related to community benefits and engagement from industry operators – particularly now that operators are more likely to see a profitable bottom line and should be open to strategic alliances that fold in the community in which they operate,” Jackson said.
Have we reached a pivotal moment in drug policy reform, or is this another example of systemic bias revealing itself? The recent reduction in marijuana scheduling raises crucial questions. Could this shift be because white residents’ usage has become more noticeable, thereby prompting a softer approach? Historically, drug policies have disproportionately impacted communities of color, often leading to harsher penalties and greater scrutiny. Now, as marijuana gains acceptance and popularity, especially among white communities, we must ask if this demographic shift is influencing policy changes. Furthermore, what does it signify that recent data shows marijuana use surpassing alcohol? This development demands a closer examination of our societal values and the evolving landscape of substance use. Are we seeing true progress in decriminalizing and destigmatizing marijuana, or is it a selective leniency that benefits certain groups while others continue to suffer under outdated laws?
This move represents a significant shift in U.S. drug policy with far-reaching implications. It offers a chance to rectify historical injustices, stimulate economic growth, and promote social equity. However, this opportunity must be seized with a commitment to comprehensive and inclusive measures that address the systemic disparities faced by Black communities. The reclassification of marijuana is more than just a policy shift; it is a profound statement on justice and equity. This historic move can finally bring the much-needed relief and restitution to Black communities, or it can fall short if we do not remain vigilant and committed to real, meaningful change.
The question is: Will we seize this opportunity to correct the injustices of the past and build a future where justice, equity, and opportunity are accessible to all? The answer lies in our collective action and unwavering dedication to righting the wrongs that have plagued our nation for far too long.
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