The marijuana industry is controlled by money and power – it’s as simple as that. In a world driven by wealthy white men, barriers to access (for people of color [PoC]) are not only part and parcel of daily life but also illustrate the ongoing injustice actively supported by the federal government.

Nixon’s war on drugs, which classified marijuana as a Schedule I drug, effectively criminalized many marginalized communities. His domestic policy adviser, John Ehrlichman was quoted saying: “By getting the public to associate the hippies with marijuana and Blacks with heroin, and then criminalizing both heavily, we could disrupt those communities.”

To date, medical marijuana use is predominant among white Americans, and less likely among Latino, Asian, and foreign-born individuals due to the associated stereotypes. While there are few insights into why racial minorities in the US have lower prevalence of medical marijuana use, factors are beginning to emerge, a primary one being a consequence of exclusionary immigration policies that impede PoC’s (for example, Latinos) participation in governmental programs. This effectively boils down to the fear of being denied immigration. These minority populations will avoid seeking medical marijuana use - despite their qualifying health conditions. 

The structural racism extends well beyond mere use and crosses over into medical marijuana dispensary and cultivation facilities and services. A long and damning history of targeted arrests against minorities, the laws preventing former inmates from operating legal marijuana facilities, and high application, and operation costs make it exceedingly difficult if not impossible for PoCs to enter the industry.

Does it make a difference if former inmates are prevented from operating legal marijuana facilities? It does when those who have working knowledge of the business (and would love to gain access into the industry – legally) account for a huge percentage of those with arrest records. Though the number of felony marijuana arrests have declined across states where the drug is legalized, the numbers making up those arrested remain the same – African Americans and Latinos account for nearly 50% of those arrested on felony marijuana charges though they make up a minority of the overall US population…  

2018 saw the introduction of the “RESPECT Resolution: Realizing Equitable & Sustainable Participation in Emerging Cannabis Trades”. This bill sought to “elevates the importance of equity within the legal cannabis marketplace,” and aimed to “address disparities” while “proactively addressing and repairing the most egregious effects of the War on Drugs on communities of color.”

While the resolution is an admirable one that aims to provide both economic and reparative justice in the hopes that disenfranchised communities will be able to benefit in the emerging industry, the past 4 years have seen little improvement when it comes to equal representation.

Though the federal government still considers cannabis illegal, the majority of states (36 to date) permit medical cannabis use. Unfortunately, more than 81% of these businesses are white-owned, and a surprisingly large number of those businesses are not qualified enough to have a license in the first place…  

Absolute Essence, a minority-owned medical marijuana dispensary has been at the forefront in the fight for racial equity within the marijuana industry. After being denied a dispensary facility license, the company decided to investigate the process and made an unwelcome discovery: the majority of licenses had been awarded to non-black owned companies and what was even more unpalatable? Less qualified, non-black owned companies had been awarded licenses when they, a highly qualified applicant had been denied.

The company discovered that the deeply flawed and racially discriminatory vetting process enabled the Arkansas Medical Marijuana Commission (MMC) to:

• Abuse their power as a vetting institution,
• Push through unsuitable applicants using unlawful and inconsistent procedures, and
• Discriminate between applying the same rules to black-owned and non-black owned applicants, with the latter taking the brunt of such decisions

As such, the MMC have:

• Violated Absolute Essence’s right to Due Process and Equal Protection under the 14th Amendment of the US Constitution, and
• Violated the Federal Civil Rights Act.

Additionally, the MMC have violated several articles of the Arkansas Constitution:

• Article II, Section II - Freedom and Independence,
• Article II, Section III - Equality before the Law,
• Article II, Section XVIII - Privileges and Immunities (Equality),
• Article II, Section XXIX - Enumeration of rights of people not exclusive of other rights (Protection against encroachment), and
• Violated the Arkansas Civil Rights Act of 1993.

Absolute Essence have launched this petition on the 1st September 2022, demanding that lawmakers PRIORITIZE RACIAL EQUITY AS PROMISED. 

We address the petition to the White House and Biden Administration, the Arkansas Governor’s Office and ASA Hutchinson Administration, the Arkansas Department of Finance and Administration, the Arkansas Alcoholic Beverage Control Division, and the Arkansas Medical Marijuana Commission.

Sign the petition below and call or email the White House and other responsible parties today!

White House Contact: https://www.whitehouse.gov/contact/

Phone: (202) 456-1111 

 

Arkansas Governor’s Office/ASA Hutchinson Administration Contact: https://governor.arkansas.gov/online-services/contact-us/

Phone: (501) 682-2345

 

Arkansas Department of Finance and Administration Contact: oas@dfa.arkansas.gov

Phone: (501) 324-9057

 

Arkansas Alcoholic Beverage Control Division Contact: ABCAdmin@dfa.arkansas.gov

Phone: (501) 682-1105

 

Arkansas Medical Marijuana Commission Contact: mmcadmin@dfa.arkansas.gov 

Phone: (501) 682 -1105