Guest Commentary: Yes, cannabis social equity is about reparations … and there’s nothing wrong with that

When Colorado legalized cannabis in 2012, we were trailblazers in creating a regulatory system from scratch. Against all odds, we solidified a successful model that has been replicated across the world. But as the nation’s first licensed African American cannabis business owner, I look back at our journey in shock and awe. Somehow, my husband and I built a cannabis business and succeeded. But the road for us was long and rocky in a system that was designed for us to fail. It’s time for Colorado to empower minority cannabis business owners to succeed, and yes, the answer is reparations.

Looking back, the problem started with overly cautious calculations built on archaic prejudices. Blinded by a notion that Colorado was facing unknown consequences, policy-makers established barriers that blocked people of color from taking advantage of this new industry. Eight years into the “experiment,” we now know the real consequences: an industry that is almost exclusively white-owned and completely lacking equality.

In paving the path forward on cannabis regulation and opening new economic opportunities, Colorado left those who were most harmed by the drug war behind. The state created arbitrary barriers to entry based on a person’s felony drug past, with no consideration of financial or violent crimes. A person could have committed certain violent crimes and still be eligible to open a cannabis business. But if they happened to get busted with an ounce of pot, they were barred from enjoying the benefits of a new industry. Considering that people of color are three times more likely to be arrested for marijuana, even though we consume at the same rate as whites, the above-mentioned barriers to entry stacked the deck against us in an industry that is becoming increasingly difficult to enter.

Colorado is now starting to catch up with other states by actively working on expunging cannabis-related arrests. But we still have more work to do. We may have kicked off the journey to regulation, but other states like Illinois, Michigan and California have left us behind when it comes to social equity. Unlike those other states that hindered the cannabis industry with limited licensure, Colorado has taken a free-market approach. That is where we can make a difference on the equity front.

The cannabis industry is overwhelmed by wealthy white men. These men have crucial access to capital — something that is systemically kept out of reach to people of color. The capital is an absolute necessity required to survive in this industry. With the passage of state legislation last year, House Bill 1090, the industry is quickly conglomerating thanks to an influx of this capital. Look no further than The Green Solution, one of Colorado’s largest cannabis chains that sold to an out-of-state interest even before the ink was dry on the bill.

In order to ensure social equity, Colorado should use the revenue generated from these so-called publicly traded cannabis companies and lend that capital to people of color to start their own cannabis businesses. In fact, House Bill 1090 was passed with the promise that doing so would increase equity of ownership for people of color.

Instead of taking consumer tax dollars already promised to schools and public health programs, we can charge a simple fee from these multi-million-dollar acquisitions, enterprise it so that we don’t force taxpayer rebates under TABOR, and use that fee to create an interest-free loan program for those most harmed by the drug war. In doing so, we would offer an opportunity to establish minority-owned businesses in an industry built off of the sacrifices of people of color.

The legislation is due and it’s time for those who are profiting the most to pay a little back. Because yes, when it comes to drug reform, those harmed by the drug war deserve reparations.

Wanda James is the founder and CEO of Simply Pure Dispensary. Along with her husband Scott Durrah, they became the first African Americans, legally licensed in America, to own a dispensary, a cultivation facility and an edible company.

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Author: CSN