Ballot Initiatives Could Get People Who've Done Time For Drugs Back On Their Feet

Katelyn Baker

Well-Known Member
The war on drugs has disproportionately punished minority groups and the less fortunate for decades. Now, with five states set to vote on legalizing and regulating the recreational use and sale of marijuana on Nov. 8, the cannabis industry is using newfound support to undo the harm caused by the drug war.

In "13th," a recently released documentary on Netflix NFLX, -0.09% , writer and director Ava DuVernay deftly argues that the 13th Amendment to the U.S. Constitution abolished slavery only to pave the way for the mass incarceration of those it set free. The documentary has added to an intensifying national dialogue about the prison and justice systems in the U.S., while illustrating exactly how drug policy played a role in America's incarceration boom.

According to the Bureau of Justice Statistics, one in three black men is expected to go to prison in his lifetime, a statistic highlighted in DuVernay's documentary.

As the cannabis industry grows and evolves, advocates and organizations are exploring ways to help those impacted by the war on drugs.

"If we want to build a successful industry, it has to be diverse," said Steve DeAngelo, executive director of medical marijuana dispensary Harborside Health Center.

The problem is well documented. In 2015 there were 643,121 marijuana-related arrests in the U.S., according to the Drug Policy Alliance, 89% of which were for possession offenses that are often viewed as relatively minor. And while blacks use and sell drugs at a similar rate to whites, they are nearly four times more likely to be arrested for marijuana possession, according to the American Civil Liberties Union.

As sentiment has changed, more facts about the war on drugs have come to light. Former U.S. marshal and Drug Enforcement Administration agent Matthew Fogg, who is now running for Congress in Maryland's fourth district, has said that during his time in law enforcement, he was directed to target black people and neighborhoods.

"Race plays a very important part here," Fogg said in a 2014 interview on CNN. "We were targeting black areas."

On Nov. 8, five states - Arizona, California, Maine, Massachusetts and Nevada - will decide whether to legalize and regulate the adult use of marijuana.

A recent Gallup poll shows that 60% of Americans support legalizing marijuana, and recent election polling shows voters in each of the five states in favor of legalizing and regulating its adult use, production and retail sale, according to a Washington Post report.

And in California, deemed to be the most important state voting on legalization, supporters of the campaign to legalize marijuana have raised 11 times more funds than their opponents, according to Ballotpedia.

Passing such initiatives would likely add momentum to a cannabis industry that analysts at Cowen and Co. estimate could be a $50 billion business within 10 years. And many see legalizing the drug as an opening to give back opportunities taken from those impacted by the war on drugs.

For convicted felons, re-emerging into a legal cannabis landscape could prove difficult. Using California as the example, as it stands now, legislation governing whether medical-marijuana business licenses are granted to convicted felons is a patchwork of laws and discretionary decisions sewn by local governments. They grant and deny licenses on a case-by-case basis, said Steve DeAngelo, who is white.

DeAngelo, one of the industry's pre-eminent advocates and businessmen, runs the largest medical-marijuana dispensary in the country in Harborside Health Center, helped to start a chain of marijuana testing labs and serves as president of influential cannabis investment network The ArcView Group.

Like many others, DeAngelo, who has been in the business for more than 40 years, worked on the black market and is a convicted felon.

"It's critically important this industry make a place for people of color, especially those hurt by the war on drugs," said DeAngelo. "The cannabis industry is really different in that we were born out of this social-justice movement. There are some things government can and should address, but it's also incumbent upon this industry to get this right."

Along with the four states with legal marijuana and the 25, plus the District of Columbia, that have legalized medical marijuana, 20 states have decriminalized possession of small amounts for personal use, according to the Drug Policy Alliance.

California's Proposition 64, which would legalize and regulate cannabis if passed on Tuesday, would not only offer resentencing, potentially reducing sentences for prisoners, but would give felons who have completed their sentences the opportunity to apply to have their criminal records revised.

It echoes a process in Oregon - a state where marijuana is legal - that allows people with a felony drug conviction to get criminal records expunged. Jesce Horton, co-founder of the Minority Cannabis Business Association, said that his organization has worked to educate people about the process and added that other states are looking at it as an option.

"Yeah, it's all across the board in terms of what states are doing," he said. "And what we're seeing is the Drug Policy Alliance and other organizations being very active in states helping to advocate."

Obtaining a license is just a first step, however. Other skills are needed to succeed in the industry, and there are other barriers to entry, said DeAngelo.

The skill set needed to operate on the black market doesn't necessarily translate to a legal industry. DeAngelo said he and his connections have begun outreach and education on navigating the industry and securing funding.

Some critics argue that felons have made their own bed. They did, after all, break the law.

"Whether it was violent or not, in my opinion it doesn't really matter," said Mason Tvert, communications director for the Marijuana Policy Project. "They were convicted not because they did something that was so bad, but because they broke the law, and that's important to keep in mind."

Still, the idea of legalizing marijuana has gained support at a rapid pace and the industry offers a great deal of opportunity. But, as Horton points out, this isn't simply about people looking to capitalize on a budding legal market. It can be difficult for convicted felons to get jobs in any industry. In some states, convicted felons even lose the right to vote.

Expunging records can have a far-reaching impact, said Horton. "Even for people who don't want to get into the industry, this can really help them in life. A rising tide will lift all boats."

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