The only way Senate Democrats have been able to bypass Republican opposition so far this year and move forward with its agenda is through budget reconciliation.
Cannabis advocates are still waiting to see the bill that the Democratic Senate has promised to throw down in an effort to legalize marijuana at the federal level. They are excited about the possibilities. After all, the Democrats have control of Congress this year, so getting marijuana matters pushed through should be a piece of cake. Only that’s not entirely true.
There are still immense challenges in getting any cannabis reform measure through the halls of Congress this year, and some of the roadblocks for legalization begin with the Democratic party itself.
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Although Democrats have majority rule in the U.S. Senate, it is only by a slim majority. This means they will need every bit of support from their own part, not to mention some backing from Republicans to get any pot-related measure beyond a discussion. A marijuana bill would need 60 Senators to sign off on it to beat the filibuster, an old Senate rule that demands a super majority on controversial issues.
But Senate Majority Leader Chuck Schumer won’t even be able to count on the whole of the Democratic Party to help pass marijuana legislation in 2021. Not every one of them favors such action. Senator Jeanne Shaheen of New Hampshire recently told Politico that “I do not support marijuana legalization.” Senator Jon Tester of Montana concurred. Marijuana legalization would “cause more problems than it solves,” he said. These are two votes that Schumer can’t afford to lose.
Nevertheless, Schumer is brainstorming ways to get the cannabis issue recognized in this Congress. He’s adamant about getting something passed, saying during his recent 420 speech on the Senate floor that “hopefully the next time this unofficial holiday 420 rolls around, our country will have made progress in addressing the massive over-criminalization of marijuana in a meaningful and comprehensive way.” The word on the street is that he’s even willing to make some concessions with his approach (allowing a less comprehensive measure if he thinks it will pass) to ensure some level of pot reform lands on the books. Still, even with compromise there are no guarantees.
It doesn’t even look like a measly cannabis banking bill known as the SAFE Banking Act is earning enough support to fly through the Senate. The bill recently passed the U.S. House of Representatives and is now lingering around the entrance of the upper chamber, waiting for its time to shine. But standing there in the way is Ohio Senator Sherrod Brown, chair of the Banking, Housing and Urban Affairs Committee, and he’s not allowing SAFE Banking to get a fair shake. “This committee’s been too much about Wall Street and not enough about housing, not enough about rural and urban affairs and people’s everyday economic lives, and that’s my focus,” Brown told Cleveland.com. “I will look at this seriously. We’re not ready to move on it.”
The only way Senate Democrats have been able to bypass Republican opposition so far this year and move forward with its agenda is through budget reconciliation. This process is filibuster-proof, as it only requires a simple majority on financial issues. Cannabis advocates have asked Schumer if he will consider using the budget reconciliation to pass his comprehensive cannabis reform bill. And it sounds like he might try. “You will hear in a few weeks the legislation that’ll answer,” Schumer said. But try is the operative word.
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Although it is perfectly fair for Senate Democrats to try to weasel their way into federal cannabis legalization by using the budget process, it probably won’t be approved. As we mentioned weeks ago, it would be up to the Senate Parliamentarian to decide if marijuana legalization could pass in this manner. But considering that the parliamentarian is responsible for nixing the Senate’s attempts to pass the $15 minimum wage earlier this year, marijuana legalization probably doesn’t stand a chance. Still, Democrats are going to push the envelope to see what sticks.
Meanwhile, Senate Minority Leader Mitch McConnell has promised that any measure Democrats strongarm through Congress with budget reconciliation will be repealed as soon as the power structure changes. That could be as soon as 2022. It will be interesting to see what happens in the next few weeks. One thing is sure, Democrats will have to move carefully if they want to see cannabis reform land in a way that doesn’t end up a casualty of a savage political dust-up.
This particular strain is very popular, as it is a pure and classic sativa strain. It is sought after in the cannabis market all over the world.
Year in year out, new sativa strains are being developed, while the already existing ones are being improved. Experienced cannabis smokers already know which strains to go for if they want a classical or newly developed strain. Newbie smokers might however be confused on which to go for.
As we all know, the cannabis market is littered with different products. This is why this list has been carefully researched and put together to help everyone know the most potent sativa strains on the market this year.
To curate this list, the energizing, euphoric, and creative effects of several sativa strains were observed, along with their THC level.
The Green Crack strain is well known for extreme stress levels going down to zero after just a few puffs. This sativa strain has a harsh but sweet flavor that combines with a fruity and herbaceous note to leave an unforgettable taste in your mouth. It produces an energizing and creative feeling in the user that’s almost unbelievable.
It leaves a long-lasting high during which users are still mentally aware and focused on happenings around them. With these features and a THC level of 17%, Green Crack is a must-have sativa strain of 2021
One can hardly smoke the Durban Poison strain without falling in love with it. It has extraordinary effects that uplifts the mood of the user while inducing a burst of energy. It can be smoked whenever a person is feeling depressed and has no appetite. Medically, it is used to treat patients with chronic pains and nausea.
It has an appealing flavor and aroma that gives off spicy and creamy vanilla notes. Durban poison is not poison at all, but rather a life-saver.
This strain is very popular, as it is a pure and classic sativa strain. It is sought after in the cannabis market all over the world.
With Amnesia Haze, you’re sure to have a better mood with heightened creativity. It has also been observed to relieve stress and other mental disorders in its users.
With a THC that ranges from 17–22%, the Amnesia haze is very potent. Thanks to its long-lasting buzz, a stick of this strain are enough to sustain you through an energetic day.
This is a sweet and very potent sativa strain whose origins have not been traced yet. This floral cannabis strain will induce a high level of happiness while you’re smoking it.
Whenever you’re feeling overwhelmed, just get strawberry cough to induce euphoric cerebral effects that would certainly uplift your mood. It has a THC content of about 20% and can be used medically to treat symptoms.
Named after the powerful emperor, Jack Herer is a cannabis strain that is right for any recreational activity you have planned this year.
It is perfect for artists and writers searching for a burst of energetic creativity. After a few puffs, a feeling of clarity is induced with all the other attributes of being ‘high’. However, the user remains focused on the task at hand.
Not smoking Hulk Berry in 2021 is a mistake you don’t want to make. Named after the superhero Hulk, the Hulk Berry strain is a must for smokers looking to experience a buzz that’s more like a fantasy.
It is well acclaimed for its long-lasting effects that stimulate mood-elevating effects.
Any party planned for this year will be made better with the Hulk Berry strain.
This strain is living up to the legacy of its parents (OG Kush and Strawberry Diesel).
One of the Greatest Of All Time, the purple haze is more than worthy to be on this list. If you can recall, Jimi Hendrix has a song dedicated to this legendary strain.
It has a THC content of 20% that leaves smokers with a long-lasting high. It not only has energizing and euphoric reactions, but it also helps to manage and treat anxiety, stress, chronic pain, and other mental disorders.
This is a favorite strain globally. It is impossible to take the super lemon haze and not taste and smell the zesty feel of citrus. It is kike sour lemon mixed with sweets. Even the smoke has a citrus aroma.
The effects of this strain include intense euphoria, reduced level of stress, and other mood uplifting effects. As soon as you start cracking this strain, a creative feeling bursts out in you with increased focus. It also has a high THC level that makes it suitable for treating her symptoms of certain ailments.
Though not a pure sativa, the blue dream is a sativa-dominant strain. It yields a potent high that has a perfect balance between its energizing and sedative effects.
With a significantly high THC level, this strain is preferable for both experienced and new smokers.
Even its fruity and sweet taste induces a higher feeling of bliss and euphoria.
If you ever need to relieve stress and be happy, Blue Dream is the right strain to pick.
I hope you use this list to make better decisions when choosing a sativa strain to buy. If you’re thinking of growing them, they’re all highly resistant and average-yielding plants with mostly feminized buds.
Have fun cultivating or puffing these extremely potent sativa strains and may 2021 be your highest year yet!
Pro growers often try to get way too scientific with the cultivation process because they believe that it will help produce a higher quality product. But it’s really not necessary.
Now that marijuana is being legalized in more parts of the country, the majority of the weed is being grown in sophisticated indoor cultivation houses. This is where technology and horticulture collide to produce optimal conditions for that precious plant to flourish into the buzz-inducing monstrosity it has become. But there was a time, not so long ago, when this plant was raised just like any other crop in the American landscape — outside.
There were no computers to control lighting and water, no real barriers to protect the plants from animals or other invaders of the space, just some seeds, nature and a little personal care to ensure proper yields were made. Because here’s the thing about the cannabis plant: it wants to grow, but it doesn’t need all of that expensive equipment to do it. And it doesn’t take a scientist to produce it either. Anyone who has ever grown a tomato plant has what it takes to grow weed in an outdoor garden at home.
Here are a few tips to get you started.
Photo by Marco Jimenez via Unsplash
As we mentioned earlier, marijuana wants to grow. It has a way of adapting to the bizarre climate changes that can occur. But, just like humans, it is not a big fan of extreme weather conditions. If it gets too hot or cold outside, the cannabis plant just isn’t going to respond positively. The plant (during the vegetative stage) enjoys temperatures between 70-85 °F. If you live in a spot where the heat lingers anywhere above the mid-80s for extended periods, the plant runs the risk of damage and even death. In the flowering stage (the phase where your plant is producing buds), marijuana enjoys temperatures around 65-80°F. But remember, these temperatures are just its preference. A few 90-degree days does not mean that your pot crop is doomed.
When selecting a spot for your outdoor marijuana garden — regardless of whether you plant in the ground or in containers — it is best to choose a location where the plants can get as much direct sunlight as possible. Just like tomatoes, cannabis plants need around 8 hours of continuous sunlight a day. Some grow pros suggest structuring outdoor gardens to face the archway of the sun. The plants should be positioned in a relatively open area, allowing plenty of air circulation throughout the day. But if high winds are prevalent in your neck of the woods, you may have to consider stationing the garden near a barrier of some sort, just to keep the brutality of the breeze to a minimum.
Photo by Remedy Pics via Unsplash
Of course, there are unscrupulous people out there that will try to steal your plants if they get a chance. So, setting the garden up in a private, secure spot is always advised. We recommend using portable containers to have some flexibility. This allows you to experiment with locations during the vegetative phase. It also gives you the freedom to bring the plants indoors in the evening to keep them safe and cool until morning.
If you plant seed directly in the ground, some work needs to be done first. It is recommended that you till up the spot several weeks before planting and mix in soil enhancements. You can do this the old fashioned way by making your own compost or simply purchase a variety of compost products from your local gardening center.
Again, this isn’t rocket science. If your dirt at home is not very good — you’ve planted things before, and it has been a lost cause — it may be best just to go the individual container route. If this is the case, pick up some breathable pots (between 5 and 10 gallons). Select the 5-gallon for medium size plants and 10-gallon for larger. While you are at it, purchase some high performance potting soil like Fox Farms Ocean Forest Soil or Roots Organic. Marijuana growers have had a lot of success with these kinds of products.
Once you’ve got some plants in the ground (or in containers) and they are resting easy under the sun, the next most crucial step is keeping them watered. Hopefully, it is raining plenty in your part of the world and nature will just do its thing — even though most pro growers try to avoid rain because of mold and other potential problems. But typically during the summer months, we see some dry spells.
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You want to keep the soil moist, so depending on the size of the plant, it is going to need between 1 and 10 gallons of water a day in areas with higher temperatures. Giving them a solid watering in the morning should do the trick. Remember, keep the soil moist without drowning the plants. So if you notice that water is collecting above the ground for extended periods, it’s time to back off the hose a little. Water them again once the top layer of soil gets dry.
It is probably going to be necessary to protect your plants from animals and other hungry creatures. As with any garden crop, this can be done with a small fence. Insects can be a problem, as well. The three most common detriments to cannabis plants are spider mites, fungus gnats and root aphids. There are some natural insecticides on the market that can stop these critters from ruining your crop.
Pro growers often try to get way too scientific with the cannabis cultivation process because they believe that it will help produce a higher quality product. And we’re not saying they are wrong. But it’s really not necessary to obsess over every little detail when growing marijuana. As we mentioned several times before, cannabis wants to grow. It’s one of the reasons why it is often referred to as weed. You know, as in growing like a weed? Just make sure your plants have sun, good soil and water and have fun with the process. You will be surprised with the results.
The trend on public support for legalization of marijuana in Pennsylvania is clear, with support growing for the eighth year in a row.
Pennsylvania has only legalized medical marijuana, but the numbers make it look as if it is adult use cannabis driving the sales. Cannabis data company Headset recently expanded its reach into Pennsylvania and published its first full market report based on consumer insights and real-time market data.
The report found that over the past twelve months, Pennsylvania’s medical cannabis sales have escalated, and between April 2020 and March 2021, Pennsylvania’s medical markets brought in $909.4 million. Medical sales grew 120% in the first quarter of 2021 to $267.8 million from last year’s $121.5 million for the same time period.
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The report also determined that Pennsylvania stands out among other U.S. markets with the largest average basket sizes so far this year, at $123.88 per basket. In addition, Pennsylvania’s average basket size was two times as high as Michigan’s and one-and-a-half times as high as Oregon’s.
“With close to $1B in sales in the last 12 months and growing at an incredible pace, we are thrilled to bring unprecedented insight into this exciting market, ” said Cy Scott, Founder and CEO of Headset. “As cannabis operators continue to make significant investments into Pennsylvania having access to extensive analysis, forecasts and a comprehensive understanding of this complex market as it continues to grow will be critical to success.
Provided by Headset
Flower Is The Winner
Like most cannabis consumers, flower is the form factor of choice — despite being medical patients. It is even growing in market share. Flower had taken 38% of the market in March 2020 and has grown to 45% as of March 2021. Vape pens have dropped in market share, but still remain in second place taking 35% of the market. Concentrates had the highest average item price at $61, and tinctures, flower and vapor pens followed closely behind with an average item price of more than $50.
Legalization Outlook
Pennsylvania is the 5th largest state by population and is expected to be a big market with rapid growth. A new survey from Muhlenberg College’s annual public health poll found residents want full legalization.
“The trend on public support for legalization of marijuana in Pennsylvania is clear, with support growing for the eighth year in a row,” Chris Borick, director of the college’s Institute of Public Opinion, said in a statement accompanying the survey results. “As the state government considers this policy option, the public is increasingly coming to the conclusion that they support legalization.”
A record level (58%) of adult Pennsylvanians support the legalization of marijuana in the Commonwealth, marking the 8th consecutive wave of this survey that support for legalization has increased in the state.
New data highlights a particular side effect that may indicate whether the person who got the vaccine suffered from COVID-19 in the past.
The COVID-19 vaccines are no stranger to side effects. Now that more than 200 million people have received at least one dose of the vaccine, large percentages of them have reported reactions such as headaches, sore muscles, chills and a light fever. According to new research, there’s one vaccine side effect that might indicate whether you’ve already had COVID-19.
The study analyzed over 947 people who’d received their COVID-19 vaccine and were monitored for side effects. Out of this group, 265 participants had suffered from COVID-19.
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Out of all the participants, those who’d suffered from COVID-19 in the past were more likely to have experience swollen lymph nodes. Less than 1% of participants that had experienced COVID-19 reported these changes versus 4% of participants who had had COVID-19.
While swollen lymph nodes were the most prominent side effect associated with people who’d already experienced COVID-19, other symptoms were also recurring, including fever, muscle pain, fatigue and joint pain.
Overall, participants who had COVID-19 were more likely to report side effects when compared to people who hadn’t had the illness before. Still, despite this data, when patients were analyzed 15 minutes after receiving their vaccine, health care workers weren’t able to spot any differences in symptoms between people who’d had COVID-19 and people who hadn’t.
As we learn more about the disease and more data is available, we learn more about the vaccines and their effect on our bodies, topics that have provided ample room for discussion and speculation. Despite new variants of the virus and new batches of information, the vaccine remains a safe and efficient way of curbing the spread of the virus and finding our way back to normal.
Canada has already legalized pot; Mexico is likely to legalize it soon. The U.S. must not fall behind.
By Lauri Kibby
President Biden is not there yet. Neither are Republicans in Washington. But the wave of momentum toward nationally legalized cannabis only continues to mount. It is time lawmakers in the Capital get on board with what a majority of the American citizens they represent want.
There are signs of progress. The U.S. House recently passed a bill to decriminalize cannabis at the federal level, the first of its kind. When Democrats won control of the Senate this year, the change paved a potential path for legislation in that chamber as well. Senate Majority Leader Chuck Schumer (D-NY) said this month he intends to soon introduce a federal cannabis legalization bill.
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At the state level, the pace of acceptance is escalating. November ballots in Arizona, Montana, New Jersey and South Dakota all approved the legalization of recreational use – though South Dakota’s law is currently held up in the courts. More states are following suit this year, including New York, where legalization was signed into law in March.
Already, 35 states and Washington, D.C. regulate the production, sale and use of marijuana for medical purposes. Fifteen of these states also allow adult recreational use, according to the National Conference on State Legislatures.
Change has developed quickly. A decade ago, no states permitted recreational use. Today, more than 40% of the U.S. population lives in a state where some form of cannabis is legal.
A Gallup poll this year showed that 68% of U.S. adults support federal legalization. Strengthening public support is reflected in soaring cannabis sales.
The U.S. marijuana industry is now valued at more than $18 billion, supporting the equivalent of at least 300,000 full-time jobs, according to the 2020 Marijuana Business Factbook. The legal market in California, the nation’s largest, reached $4.4 billion in sales, up from $2.8 billion a year earlier.
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Sales in Colorado topped $2 billion last year, up from $1.7 billion in 2019, while Washington state exceeded $1.4 billion, up from $1.1 billion. Oregon and Illinois each eclipsed the $1 billion threshold as well.
States’ need for new sources of tax revenue amid the pandemic provides an extra incentive to increase the size of the legal sector. The same argument applies to the debt-laden federal government.
In addition to tax revenue, medicinal benefits, and freedom to choose, legalization would enable law enforcement to focus on serious crimes. Federal regulation would also refocus oversight to consumer-related issues like product safety.
Based on our discussions with capital markets, we are confident that a growing pool of prominent investors and lenders would enter the cannabis space when nationally legal, expanding its scope, creating more opportunities for cannabis companies, expanding public markets, and contributing to the U.S. economy. We currently see acceptance in the debt markets as competition to lend increases resulting in more competitive terms.
Canada has already legalized pot; Mexico is likely to legalize it soon. The U.S. must not fall behind.
And while Republicans in D.C. are still publicly opposed, legalization efforts indicated a different sentiment with three deep-red states voting approval: Alaska, Montana and South Dakota.
Photo by strelov/Getty Images
Legalization’s success at the ballot box so far will lead to more success; it is clear Americans stand for it, jobs now increasingly depend on it, and there are clear taxation benefits.
To be sure, Kings Garden would benefit from federal legalization. I do not apologize for that. We have invested in developing safe, high-quality products that the consumer wants. Opening up free markets, a mainstay of the U.S. economy, will only ensure fair and balanced competitive markets.
It is time lawmakers do their part.
Lauri Kibby is co-founder and chief financial officer of Kings Garden, California’s preeminent cannabis cultivation, processing, distribution and manufacturing company.
This year’s loot featured a lot of wellness and health oriented presents, including vitamin therapy for treating hangovers, sleep tracker headbands, liposuction and more.
The 93rd Academy Awards aired last night, looking very different than they traditionally do. Held two months later than usual and in a different venue that allowed for social distancing measures, this year’s awards show honored the best movies of the year all the while reminding viewers of the importance of the cinematic experience.
Despite the smaller and more casual event, the show tried its hardest to remain as fancy as possible, including the traditional swag bags.
This year Oscar gift bags were delivered to nominees in a very pandemic way: Postmates. But regardless of delivery method, items in the swag bag have an estimated value of over $200,000.
Photo by Carlo Allegri/Staff/Getty Images
“We did want the bags to feel like they had a bigger purpose than just, ‘here’s a bag full of free stuff,’” Lash Fary, founder of the company that assembles the gift bags, told Fortune. “All of the bags that we’ve been doing have been from female-owned businesses, Black-owned businesses, disabled entrepreneurs, and companies who give back—even ones that you wouldn’t necessarily think give back.”
This year’s loot featured a lot of wellness and health oriented presents, including vitamin therapy for treating hangovers, sleep tracker headbands, liposuction sessions, free stays at luxury hotels and resorts, and more. Continuing the Oscar tradition of providing guests with high quality weed paraphernalia, the swag bag included a Hollowtips 24 karat gold vape pen.
Perhaps the most controversial and 2021 item of the bag was a non-fungible token (NFT) of the late Chadwick Boseman. Made by artist Andrew Oshea, the NFT was auctioned off with 50% of proceeds donated to the Colon Cancer Foundation.
In one of the night’s biggest upsets, Anthony Hopkins won the Best Actor award over Boseman, a move that appeared to surprised the Oscar programmers, who shuffled the order of the awards show in hopes of closing out the program with Boseman’s big awaited win. Things clearly didn’t go according to plan. Still, Oscar attendees will always have that NFT printout.
The lawsuits come on the heels of a Thursday decision by the Florida Supreme Court to stop a 2022 recreational marijuana ballot initiative in a 5-2 ruling.
The state of Florida legalized medical cannabis in 2016 by way of a constitutional amendment, enabling the formation of a fully legal medical cannabis program. The initiative was approved with 71% of the vote.
In spite of this, Miami’s city government has refused to allow cannabis dispensaries,The Miami Herald reported.
State Vs. Federal Law
State lawmakers never established zoning restrictions to regulate where dispensaries can be opened or created new laws, and instead “relied on an internal legal opinion that the change to the Florida Constitution was moot because federal law continues to categorize marijuana as an illegal substance with no medicinal value,” the report said.
Now, two businesses looking to open medical cannabis dispensaries downtown have filed lawsuits against the city of Miami. They question the city’s decision that federal regulations are a higher authority than the Florida Constitution.
On the other hand, other local governments have set zoning regulations that dictate locations where dispensaries are allowed. The state boasts an estimated 270 dispensaries.
The company MRC44 has been asking for city authorization to open a dispensary since 2019, and it recently got Miami’s zoning board on its side in an appeal, the Herald reported.
While commissioners were supposed to settle the issue on Thursday, they postponed the decision, as another company filed the same type of suit in Miami-Dade Circuit Court on Wednesday.
Photo by Del Adams via Pexels
Both companies argue they should have the right to open dispensaries in any place in Miami without municipal permits simply because the city has no medical cannabis ordinance.
“We will address it court,” City Attorney Victoria Méndez said Thursday, adding “I feel that there’s a discrepancy or a conflict between state and federal law, and I just want to ask a court of law to opine on that.”
Florida Supreme Court Shuts Down Adult-Use Initiative
The lawsuits come on the heels of a Thursday decision by the Florida Supreme Court to stop a 2022 recreational marijuana ballot initiative in a 5-2 ruling.
The court ruled the Make It Legal Florida reforminitiative, supported by hundreds of thousands of voters, is “affirmatively misleading,” reported Marijuana Moment.
The initiative was deemed misleading due to the fact it claims adult-use cannabis would be lawful in the state without recognizing it would continue to be illegal on the federal level.
Because of this ruling, cannabis advocates in the state are starting from zero, which means drafting another measure and collecting signatures again in the hopes of getting a proposal before voters in 2022.
A study found a man’s clothing can suggest their level of reliability and how they are viewed by other people.
The subject of men and cheating is the backbone of many magazines and websites. There’s no clear way to know what makes someone cheat and what doesn’t because, sadly, life can’t be so easily reduced. But there is a study that claims that men who wear a particular item of clothing are more likely to cheat, so take that as you will.
In the study, published in the journal Personality and Social Psychology Bulletin, researchers found men who wear flashy shirts emblazoned with big, pricey logos are less “trustworthy” and more likely to be “promiscuous,” surprising no one. According to the study, the more muted the shirt, the more trustworthy the person.
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The journal explains the origins of the study, which is based on the evolutionary theory suggesting women seek men who have resources. In today’s world, wealth, which can be expressed through clothing, is one of these resources. It’s not a foolproof theory, but it is one which has inspired several studies like this one and is used as reference for many other social theories.
The study was led by Dr. Daniel Kruger and was conducted by the University of Michigan, focusing on two models of shirts from the brand Ralph Lauren: one with a small logo and another with a larger one. Researchers then asked the men which shirt they preferred and the social situation in which they would wear it, whether that was a family gathering or a party where they could meet a potential partner. Men were then rated for their choices by other men and women.
Photo by skynesher/Getty Images
“Luxury displays featuring exaggerated size, coloration, and sound may indicate relatively greater investment in mating effort,” said Kruger. “Large luxury product logos enhance social competitiveness and mate attraction, whereas small logos enhance perceptions of trustworthiness and reliability.”
Research concluded that men who own large logos appeared to be more invested in mating attraction than in becoming parents. They appeared to be more invested in short term relationships over long term. Men and women who voted for these results appeared to share the same opinions.
While wearing a different model of a polo shirt may seem like something simple and not very telling, the study reveals that the way in which people present themselves lend themselves to interpretation, and that display of luxury goods is associated with sketchy stuff. In short: don’t wear the polo with the big logo.
Any serious conversation about social and racial justice in America must include a conversation about our nation’s drug laws and the impact they have had on specific communities.
The most recent wave of successful legalization efforts has demonstrated the effectiveness of pro-cannabis reformers to frame cannabis policy as a civil rights and racial justice issue. Between November 2020 and April 2021, seven additional states approved laws to fully legalize adult-use cannabis. Thus far, 18 states plus DC have voted, either by ballot initiative or via the legislative process to do the same.[1] State cannabis reform is putting social justice front and center.
The structure of the new laws in states likes Virginia, New Jersey, and New York—to name a few—have put centerstage a recognition that the war on drugs was and is a racist institution that purposefully harmed communities of color for decades. Drug reform laws were thus designed to right some of those wrongs and to rehabilitate and empower the victims of the drug war and the communities (both demographic and geographic) from which they hail. Reform advocates have expanded the policy space beyond criminal justice reform to include economic policy. With the community investment opportunities that new revenues will enable, legalization is just the beginning of a cannabis opportunity agenda focused on equity.
New York’s three-pronged approach to equity
The legalization framework in New York illustrates this trend. The main focus of New York’s cannabis reform law, titled the Marijuana Regulation and Taxation Act, is racial and social justice. Each part of the Act addresses specifically how reform will benefit communities and people who have been disproportionally impacted by cannabis criminalization.
The first part New York’s plan is automatic expungement of cannabis-related convictions that are now legal so that people are not left behind in the new legal landscape. The Act expunges convictions for possessing cannabis, cannabis consumption, and other offenses from any point in time. Though the idea of expunging records is not new, only some states have made the process automatic. Illinois and Vermont preceded New York in including automatic expungement but most of the other states, including Michigan and California, that have enacted cannabis reform only authorized expungement or sealing of records by petition. New York previously sealed the records of over 150,000 people with cannabis-related convictions in 2019.
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Automatic expungement is crucial for addressing the disproportionate effect of the war on drugs on Black and Latino Americans. This past year in New York City, 94% of those arrested for cannabis-related charges were people of color, even though cannabis consumption varies little by race. An automatic process also ensures that cannabis reform is effective in reaching all those impacted by criminalization, including people without the resources to petition for expungement. In New York, 107,639 convictions are estimated by the state to be eligible.
Second, New York has also taken steps to ensure that people disproportionately affected by cannabis criminalization have access to the new economic opportunities presented by reform. The primary way that they hope to include such communities is through ensuring that half of all cannabis licenses go to social equity applicants—people who are from communities disproportionately impacted by prior laws, minority and women owned businesses, disabled veterans, and struggling farmers.[2] Other states have adopted similar programs, with varying degrees of success. Massachusetts was the first state to adopt a state-wide social equity plan for licensing and has two programs to provide guidance and prioritize license review for those most impacted by the war on drugs.
But in 2019, three years after passing cannabis reform, only two social equity applicants for cannabis licenses had been approved out of total the 105 provisional and 79 final licenses issued. The legal cannabis market is monopolized by white distributors, with 81% of businesses being owned by white people. The barriers to entry for people of color are high, with some states forbidding those with felony convictions from obtaining a license and setting high application fees. The racial disparity in the legal cannabis market continues the disproportionate impact of criminalization on communities of color. By setting specific goals for equitable cannabis licenses, the New York plan will hopefully ensure more economic opportunities for people affected by cannabis criminalization, particularly Black and Latino New Yorkers.
Third, the plan also prioritizes investment in communities disproportionately impacted, recognizing the long-term effects of the war on drugs. High rates of incarceration for drug-related convictions have contributed to wealth disparities between communities of color and white communities, leading to fewer public resources and a lack of economic opportunities. New York anticipates receiving $350 million in yearly tax revenue and has committed to dedicating 40% to reinvestment. The money will go to the Community Grants Reinvestment funds, which include grants for local governments and community organizations to fund programs in communities disproportionately impacted.
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The funds can be spent on a variety of social programs including adult education and mental health and substance abuse treatment. They can also be spent on economic equity programs like job placement and skills services, financial literacy, and community banking. Reinvestment grants can also help address the impacts of criminalization by funding legal services for people with prior cannabis convictions that face barriers to workforce reentry.
How states that legalized early are adopting equity measures
Each of the new states to legalize and prioritize issues of racial justice and social equity seek to build on the efforts—or lack of efforts—from prior states. The earliest jurisdictions to legalize such as Colorado, Washington, Oregon, Alaska, and DC often discussed issues of race in the initiative campaigns. Explanations, particularly in communities of color, about the effects of the drug war and how removal of criminal penalties would have significant benefits helped build the coalitions that passed those referenda. However, the initiatives themselves were severely lacking in proactively addressing issues of justice and equity. Many of the early legalizing states have subsequently passed reforms including social equity programs for minority cannabis business ownership and record expungement to combine criminal justice and economic opportunity elements into a comprehensive social justice effort.
States like Illinois, New York, New Jersey, and others have recognized something critical to a comprehensive justice conversation: cannabis expungement is not enough. Expungement is important (automatic expungement more so), but expungement only fixes one day in a person’s life: the day he or she is convicted of a crime. Expungement does not inherently fix all of the missed economic, educational, wealth-building, and social opportunities that occurred because of a criminal record.
Several states have recognized that investment in the individuals and communities hit hardest by the war on drugs is essential to addressing this nation’s disastrous history in this area. California will invest $30 million this year, $40 million next year, and $50 million each year after into communities disproportionally impacted, a significant number that nevertheless pales in comparison to the approximately $140 million New York plans to invest yearly. The challenge now for states is to identify how to target such investment and ensuring that there are sufficient revenues to accomplish it. That challenge involves designing tax policy that is sufficient without being punitive. It also involves combining data on arrests and other law enforcement activities with a sensitivity to the fact that the geography of the drug war’s past may not be the same geography of the drug war today.[3]
Limits at the state level and how Congress can strengthen equity
For states seeking to ensure that newly forming cannabis markets include business opportunities for people affected by the drug war, there is a major obstacle: access to capital. Prohibition at the federal level means that borrowing funds to start a small business is not an option. As long as cannabis remains a Schedule I controlled substance under federal law, small businesses will largely continue to operate on a cash-only basis. A further squeeze on any small cannabis business is that banking services, if they are available at all, come at costs that only the largest market actors can absorb. There are two ways Congress can fix this and make it possible for license carve-outs to foster small business as intended. One would be establishing clear protections for banks to provide services to cannabis businesses in states where it is legal. The other would be, of course, to remove cannabis from Schedule I of the Controlled Substances Act.
On the community reinvestment side, Congress should pay close attention to the programs states are developing. In particular, New York’s investment commitment is significant. Investment in communities that were targeted in the war on drugs has the potential to touch on many different aspects of racial inequality.
Photo by Roman Budnyi/Getty Images
Whether it’s unemployment, housing, the racial wealth gap, poor health outcomes or other issues, Congress and the administration can build on successful programs in the states. Cannabis legalization has provided a rare instance of clarity and consensus around a key social justice issue—a need to right historical wrongs. Tax revenue from cannabis sales alone won’t be enough to do the job. But it will create valuable laboratories of equity-building and community reinvestment in the states, the evidence from which Congress can use to make meaningful moves toward equity through its spending powers.
Ultimately, the fight for drug reform in America is a civil rights and racial justice issue. Any serious conversation about social and racial justice in America must include a conversation about our nation’s drug laws and the impact they have had on specific communities. At the same time, as more states reform their cannabis laws, they must take the lead of states like New York and others and prioritize issues of racial justice and equity not just in criminal justice terms, but in the economics as well.
[1] The ballot initiative that passed in South Dakota is currently in a protracted legal battle regarding its constitutionality, and the DC ballot initiative has been blocked from implementation by a congressional appropriations rider.
[2] Social equity applicants are defined as people of low income who have, or have a close relative who has, a cannabis related conviction.
[3] One important challenge that states and other jurisdictions have and will need to work through is avoiding using dated—yet still important data indicators—that could lead to targeting investment funding to neighborhoods that no longer maintain a population targeted by the drug war. A neighborhood that has gone through extensive gentrification would be whiter, wealthier, and possibly older than it was 10 or 20 years ago. And while historic data on arrest rates could suggest that neighborhood should qualify for such support, the economics and demographics of that neighborhood today would not make it a prime target. Similarly, within neighborhoods undergoing gentrification, investment decisions must be made to ensure that those individuals and groups intended to benefit from such programs are the actual beneficiaries of those programs.
