At this year’s Cannabis Europa conference, equity in cannabis was highlighted as vital to the industry’s development.
Whilst the legal global cannabis industry is ranking up its projections in the billions of dollars, millions of human beings sit in jail cells across the world for drug-related charges, tens of thousands of which are cannabis-related.
A number of countries are shaking up their approaches to cannabis, adopting more progressive policies across both medical and recreational uses. Reform experts at this year’s Cannabis Europa stressed that, as legislation changes progress, no cannabis prisoner should be left behind.
Read more: Report lays out cannabis social equity principles for UK
Joining together to highlight the plight of citizens across the globe that have suffered under “barbaric cannabis laws”, Dr Laura Garius, policy lead at Release UK, Mary Bailey, managing director at the Last Prisoner Project, Norman Reimer, global CEO at Fair Trials and Denzel Uba, who has been impacted by cannabis laws, discussed the role and responsibility of the industry in ensuring that equity is at the forefront of policy developments.
A racially inclusive industry
Legal cannabis must be a racially inclusive industry, emphasised Garius of Release – which has worked for decades on bringing awareness to the racially disparate policing and sentencing of drug offences.
“We see that the drug law is imposed most harshly against minority groups, despite the prevalence of drug use among those groups being no higher than among the white population,” commented Garius. “So, we are seeing a completely unjustified surveillance and monitoring and punishment of people from black and brown communities in the name of these drug laws.”
Cannabis is the drug that brings the largest number of people across the world into contact with the criminal justice system, and for the majority of these cases, this is for low-level drug possession.
Read more: Last Prisoner Project partnership to help non-violent cannabis prisoners
Referencing Release UK’s report exploring equity and social justice initiatives within UK cannabis reform, Gauri highlights that in England and Wales, 80 per cent of recorded drug offences are low-level personal possession offences, which can land people with a five-year prison sentence.
Black people are also nine times more likely to be stopped to search for drugs.
“We know that these policies were actually born out of fears and desires to punish people based on who is perceived to use drugs and in relation to that the evidence harm of those drugs,” said Garius. “What we’re seeing 50 years after the Misuse of Drugs Act 1971 in the UK, and the start of Nixon’s war on drugs in the US, is a lot of parallels.
“To this day in the UK and beyond, cannabis policing and sentencing are racially and socially disparate and is driving inequality in our justice system.
“What is adding insult to injury is that the criminalisation of cannabis is the gateway. The criminalisation of cannabis possession is the gateway to further drug use and further offending because of the disruption to life opportunities, the disruption to education, and the disruption of family relationships.
“We need to end criminal sanctions for cannabis use, no matter its origins.”
Those who have worked in the legacy market must also be given the opportunity to transition into the legal market. Pointing to social equity programmes in more mature markets, Garius, highlights these programmes extend to family members affected by the war on drugs, as well as those who have been directly impacted.
“Massachusetts, which originated the social equity programme, is supporting minority groups get into the industry through training and grants,” Garius said. “And New York has committed to reinvest 40 per cent of the tax revenue into communities who have been over-policed and issue 50 per cent of cannabis licences to social equity.
“What we need you to do as industry players with amazing expertise, knowledge, power and influence, is to advocate for and facilitate responsible regulation in the UK, Europe and beyond. We need regulation that prevents displacement and cannabis policing.
“We need to wipe the slate clean for those with criminal records and automatic prison release. We need a social equity-led framework. We need a racially inclusive industry overseen by a dedicated board – we can’t whitewash the industry that has disproportionately disrupted communities of colour.”
Uba, who shared his own experience with punitive drug laws, noted that the number of individuals incarcerated in the UK is monumentally higher than any other country in Western Europe.
“The question is how competent is the current Justice System?,” asked Uba, who had been imprisoned for conspiracy to supply cannabis. “The punishment for the crime far outweighs the cause of the crime. I was in prison with people who had been locked up for violent offences – GBH, attempted murder and murder.
“Someone who is involved in such a minuscule crime, could then be influenced by liaising with people who actually lead a life of crime. Is incarcerating individuals – especially young black males – for cannabis, the right way? I saw for myself the volume of young black males in the prison system for cannabis-related offences.
“Please, let’s leave no cannabis prisoner behind.”
Working for liberation
Highlighting the work of the Last Prisoner Project, which supports people who have been incarcerated on cannabis-related charges out of prison and into work, Norman Reimer, CEO of Fair Trials, a global criminal justice watchdog campaigning for fairness, equality and justice, emphasised that work must be done on a global scale to liberate cannabis prisoners.
Fair Trials is now launching a new initiative with the Last Prisoner Project to redress the harm caused by cannabis prohibition, identifying people in need of legal assistance, and recruiting, training and matching volunteer lawyers to take on their cases.
Reimer commented: “I have seen heartbreak come in all colours, genders, sizes and shapes.
“It’s the heartbreak of trying to use the criminal law – the most awesome use of government power – for the purpose of regulating what people put into their bodies. It’s a disgrace, and we have to do something about it.”
Reimer noted that Fair Trial’s work with the Last Prisoner Project will seek clemency that gives people back their freedom, or relief from the consequences of their conviction and will aim to ensure that criminal records are sealed or expunged.
“It is policy reform via litigation or via advocacy, to make sure that, as these laws are passed, we are not forgetting about these people who are left behind,” said Reimer.
“That has been a problem, and many of the states in the US that have legalised haven’t taken care of the people that were left behind. They were forgotten. It’s no good – to the person who has a conviction, to the person who’s still sitting in jail – legalisation is nothing unless there’s retroactive relief.
“It is truly an obligation as the industry grows that we do this.”
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