Lost Boys, Invisible Men: Racialized Policy Feedback after Marijuana Legalization

Abstract

One benefit of legalizing marijuana in the United States was that reform would end racial disparities in law enforcement and the negative effects of the so-called War on Drugs. However, the communities that have been most harmed by cannabis prohibition are benefiting the least. Apple-esque weed dispensaries now operate as legitimate storefronts while Black men, specifically, continue to be punished for past marijuana-related crimes. Yet, the research to-date has not paid sufficient attention to this emergent problem—that policy change predicated on reducing racial disparities has not sufficiently addressed past harms of prohibition. This paper takes a conceptual approach to explore and adapt theories about how justice-involved individuals might become alienated after reform. It begins by exploring data from the Black Voter Project (BVP) to explain Black support for legalization of marijuana, then provide a critical policy analysis on how current reforms have the potential to exacerbate racial inequality among Black men.

Building the Prison to Legal Drug Dealing Pipeline: A Comparative Analysis of Social Equity Policies in Recreational Cannabis Licensing

“…This stigma was one of the drivers behind aggressive law enforcement during the war on drugs in black and brown communities. For decades, policies related to the war on drugs led to higher rates of incarceration and longer prison sentences for African Americans and Hispanics [28,29]. In response to this outcome, there has been increased advocacy for the adoption of social equity policies to promote restorative justice.…”

“…Although these opportunities mirror the framework and intention of traditional set-aside programs for minority-owned and women-owned business enterprises (MWBEs), social equity policies linked to cannabis legalization are hampered by a double stigma associated with the marijuana industry and the entrepreneurs who are prioritized for assistance in policy discourse, formerly incarcerated black and brown men. This nexus between a stigmatized industry and stigmatized entrepreneurs has been a central concern of scholars [17,28,29].…”