BAG Blog

Legalization Without Justice

The Legacy of Marijuana Criminalization on Black Communities and the Opportunity with Florida’s Amendment 3

By Cassandra Brown | October 30, 2024

The War on Drugs devastated Black communities, and its legacy continues in discriminatory policing. The phrase “I smell marijuana” has been weaponized, disproportionately criminalizing Black individuals.

As marijuana becomes decriminalized and legalized across other parts of the country, it is crucial that we not only address current policies but also release those incarcerated for nonviolent, marijuana-related offenses. Legalization without justice leaves the communities most affected still burdened.

Healing must include rectifying the racial disparities in arrests and convictions, and ensuring that those who suffered under these policies are set free and given opportunities to rebuild. We are ready to heal.

As we move closer to the potential legalization of marijuana in Florida with Amendment 3, I can’t help but reflect on the broader implications of this decision. For decades, the War on Drugs has targeted Black and brown communities, resulting in devastating consequences that linger long after incarceration. While I see the opportunity for economic growth and criminal justice reform, it’s crucial to address the inequities that have persisted under marijuana prohibition.

The War on Drugs has had a profound impact on my community.

Studies show that Black Americans are nearly four times more likely to be arrested for marijuana possession than their white counterparts (American Civil Liberties Union, 2020; Drug Policy Alliance, 2022). This staggering statistic is not just a number; it represents the countless lives disrupted and families torn apart by unjust policies. I have seen friends and family members face significant barriers due to minor marijuana offenses, affecting their access to jobs, housing, and education (Dholakia, 2021; Baker, 2023).

The systemic nature of this issue runs deep, and I often think about how the effects of these policies extend beyond individual cases. Entire communities have suffered as a result, perpetuating cycles of disadvantage that are hard to break.

What Florida’s Amendment 3 Proposes:

As I consider Amendment 3, it’s clear that it aims to address some of these issues. The amendment proposes to legalize adult personal use of marijuana for individuals aged 21 and older, allowing possession of up to 3 ounces of marijuana and 5 grams of cannabis concentrate. I see the economic potential in this initiative; estimates suggest that legalization could generate hundreds of millions in tax revenue (Forbes, 2023) and create thousands of jobs in the cultivation, distribution, and retail sectors (Yale School of Management, 2020). These funds could be crucial for public services in our state, potentially benefiting all Floridians.

The Need for Criminal Justice Reform

Legalization is not just about economic gain; it’s also a step toward criminal justice reform. By eliminating penalties for personal use and possession, Amendment 3 could help reduce overcrowding in jails and the costs associated with prosecuting marijuana-related offenses (American Civil Liberties Union, 2020; Drug Policy Alliance, 2022). Moreover, it opens the door for expunging the records of those previously convicted of nonviolent marijuana offenses, which is a vital aspect of addressing the injustices of the past. However, I worry that the current proposal lacks provisions for automatic expungement, which could leave many affected individuals without recourse (CannaBiz, 2022).
Regulation and Safety

I believe a regulated marijuana market will lead to safer products for consumers. Regulation can establish standards for cultivation, processing, and sale, ensuring that consumers have access to tested and safe products (Baker, 2023). This would be a significant improvement over the unregulated market, where consumers are often left vulnerable. Moreover, a legal framework could help reduce illegal sales, contributing to public safety and weakening the grip of illegal markets that thrive under prohibition (Dholakia, 2021).

The Need for Comprehensive Reform

Looking at other states, I see promising examples of how legalization can include restorative justice measures. New York’s 2021 cannabis law is one such example. It provides for the automatic expungement of marijuana-related criminal records and directs a portion of tax revenue from cannabis sales to communities most impacted by the War on Drugs (Dholakia, 2021; Bensinger, 2022). These measures help repair the damage caused by years of disproportionate enforcement and ensure that those most affected by marijuana criminalization have the opportunity to benefit from legalization.

As I reflect on Florida’s upcoming vote on Amendment 3

I believe advocates must emphasize that true progress requires addressing racial disparities alongside economic benefits. Legalization should not be merely a pathway for economic gain; it must also include measures to rectify the injustices faced by Black and brown communities.

In advocating for Amendment 3, I see an opportunity for economic growth, criminal justice reform, and public safety. I also recognize that without comprehensive measures to ensure equity and justice for those who have suffered under past marijuana criminalization, we risk perpetuating systemic inequalities.

Florida is at a crossroads, and our decisions in the upcoming vote will shape the future of cannabis policy in our state. We must listen to the voices of those most affected by marijuana criminalization and prioritize their needs in the push for legalization. Only then can we hope to achieve true healing and equity in our communities.

#BAGTheVote #FloridaForAll #AllABouttheBallots #Yeson3

For more information contact:
Cassandra Brown, JD, MPH
Cofounder, Executive Director
All About the Ballots
cassieb@allabouttheballots.org

References:

American Civil Liberties Union. (2020). New report finds overwhelming racial bias in marijuana arrests . ACLU. https://www.aclu.org/news/criminal-law-reform/new-report-finds-overwhelming-racial-bias-in-mar ijuana-arrests

Baker, J. (2023). The long-term consequences of marijuana arrests: An analysis . Journal of Criminal Justice. https://doi.org/10.1016/j.jcrimjus.2023.101217

Bensinger, K. (2022). New York’s cannabis equity initiative: A model for restorative justice? Marijuana Business Daily. https://mjbizdaily.com/new-yorks-cannabis-equity-initiative/

CannaBiz. (2022). Understanding barriers to entry in the legal cannabis market . CannaBiz Insights. https://cannabizinsights.com/barriers-to-entry

Dholakia, N. (2021, April 20). Legalizing marijuana doesn’t mean it’s legal for everyone . Vera Institute of Justice. https://www.vera.org/news/legalizing-marijuana-doesnt-mean-its-legal-for-everyone

Drug Policy Alliance. (2022). The racial disparities of marijuana enforcement: A comprehensive report. https://www.drugpolicy.org/resources/racial-disparities-marijuana

Forbes. (2023). Florida’s cannabis legalization: What to expect with Amendment 3. Forbes Magazine. https://www.forbes.com/florida-cannabis-legalization-amendment-3

Yale School of Management. (2020, September 30). Can legal cannabis drive racial and economic justice? Yale Insights. https://insights.som.yale.edu/insights/can-legal-cannabis-drive-racial-and-economic-justice

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Disclaimer: Pd. pol. adv. provided in-kind by Florida for All Action Fund, Inc., a project of Florida Rising, Inc., 10800 Biscayne Blvd. Ste 1050, Miami, FL 33161.