Building the Prison to Legal Drug Dealing Pipeline: A Comparative Analysis of Social Equity Policies in Recreational Cannabis Licensing

Abstract

Since 2012, twenty-four states have legalized adult-use recreational cannabis. To varying degrees, state laws allow for the production, distribution, retail sale, and on-site consumption of cannabis in licensed businesses. Accompanying cannabis, some legalization has acknowledged that black and brown communities were disproportionately impacted by the war on drugs. To address this, social equity provisions have been a component of their public policies related to cannabis legalization. These provisions include measures to expunge cannabis-related criminal records and create social equity set-asides for cannabis business licenses. This paper’s research question asks if, under its current structure and implementation, recreational cannabis laws achieve social equity goals. The methods for the analysis apply content analysis to public policy documents and quantify recreational cannabis licensing outcomes. These methods were applied to a comparative analysis of social equity provisions in state and local cannabis laws applicable to large U.S. cities (2020 population > 600,000). This analysis focuses on the characteristics of set-asides for social equity licenses to sell recreational cannabis. The analysis examines the scope of social equity policies, their administration and implementation, and the characteristics of licensees. The findings from the analysis are used to identify a model policy framework and generate recommendations to strengthen social equity outcomes in recreational cannabis licensing.