The Case for Genuine Cannabis Legalization: Confronting History and Embracing Equity 



Art Courtesy of Author


As the world moves toward greater acceptance of cannabis, the conversation surrounding its legalization must address deeper issues that have mostly been ignored. Legalizing cannabis is not just about lifting prohibition, or the processes involved that the next administration would need to take; it’s about acknowledging the injustices that have accompanied its criminalization.

To get this right, we need to openly and honestly confront the historical lies and racism that continues to fuel its prohibition, recognize the devastating impact of these policies on poor, marginalized communities, and ensure that the voices of the underserved are heard in shaping future policies.

Acknowledging the Lies and Racism Behind Prohibition

At the heart of cannabis prohibition lies a truly disgusting history filled with misinformation, fear, and racism. The illegal status of cannabis was not born out of legitimate concerns for public health or safety, but rather from a calculated campaign to demonize a plant and the people associated with it. The Marijuana Tax Act of 1937 is a prime example, rooted in the racist rhetoric of the time that equated cannabis use with violence and moral decay, particularly within Black and Latino communities. 

This campaign served to elevate a small group of white men industrialists and politicians who capitalized on public fear to consolidate power and wealth. By portraying cannabis as a threat, they ensured the continued marginalization of communities that have historically borne the brunt of these policies. 

This glaring truth must be publicly acknowledged by governments worldwide. A genuine approach to legalization starts with a commitment to recognizing that the reasoning for cannabis prohibition was built on lies and racist nonsense, first. Then and only then, will any real and true legalization that follows be just and fair. 

Acknowledging Government Failures

For nearly a century, ridiculous, and oftentimes violent, government actions have led to the incarceration of millions, disproportionately affecting poor people and other marginalized communities. The state has systematically destroyed lives through unjust laws, often with officials profiting from the very systems of oppression they themselves created. This includes the private prison industry, which has benefited from the war on drugs, as well as law enforcement agencies that receive funding based on drug arrests.

Governments must openly admit their wrongdoing, not just as a formality, but as a moral imperative. The legacy of these policies is one of broken families, lost opportunities, and systematic disenfranchisement. By recognizing this history, we can begin to create a sense of accountability and initiate meaningful measures for those that have been negatively impacted. 

Centering Poor Voices in Policy Discussions

Historically, poor communities have had no real seat at the table when it comes to policies impacting their lives. In fact, poor people have never really passed any laws in the United States for anything - which means all the problems in the country (and really, around the world) are borne out of greed and ego; usually white men wanting to feel important in the weird and sometimes very backward societies that we live in. 

The wealthy ruling class, detached from the realities of those most affected by cannabis laws, have shaped legislation without considering the voices of those who have suffered the most. This imbalance is a constant reminder of a broader problem in our society: the elite ruling class creates policies that benefit themselves while ignoring the needs of the many. 

To truly fix this, the elite should take a back seat until they’re invited to the table, because it’s crucial that the legalization process actively include voices from poor communities FIRST. These individuals have invaluable insights and lived experiences that can guide effective, equitable policy development. Their participation ensures that the laws created, do not merely replicate existing power structures, but instead promote fairness and justice. 

A Flawed Legal Process: Untangling the Past

The current conversations around legalization often involve lengthy and convoluted processes that feel disingenuous. Intellectuals may propose a roadmap for legalization that includes regulatory frameworks and compliance measures, yet they frequently overlook a crucial fact: the entire basis for cannabis prohibition is rooted in misinformation and racist propaganda.

The notion that we must navigate a complex legislative maze for the full decriminalization and legalization of a plant that has been wrongfully criminalized for so long seems fundamentally flawed. Every regulation passed after the Marijuana Tax Act of 1937 is tainted by the lies that created it. To truly achieve justice, we must dismantle these existing frameworks and create new policies that reflect the reality of cannabis use and its cultural significance.

Moving Toward an Equitable Future

To create a future where cannabis is legalized fairly, we must embrace a transformative approach that prioritizes social equity. This involves more than just acknowledging the past; it requires actionable steps to rectify the harm done. Expunging criminal records, investing in communities disproportionately affected by the War on Drugs, and creating pathways for marginalized individuals to participate in the cannabis industry are essential.

Engaging in open dialogue about the history of cannabis prohibition can help dispel the myths that have long fueled fear and division. Government-led education campaigns should aim to inform the public about the true history of cannabis, breaking down the stigmas that still exist today, because as we stand on the brink of widespread cannabis legalization, it’s imperative that we approach this moment with a sense of justice and responsibility. 

The journey toward legalization must be rooted in a commitment to confront the lies of the past, acknowledge the failures of government, and uplift the voices of those who have been marginalized. Only then can we build a cannabis landscape that reflects equity, inclusion, and genuine social justice. In doing so, we not only right historical wrongs but also pave the way for a more just and equitable society.

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