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Across numerous regions in the United States, the legal framework surrounding cannabis has shifted significantly in recent years. In states such as California, affluent consumers can now enjoy a fully legal dispensary experience, complete with friendly staff ready to help you find the perfect strain or gummy flavor. However, behind the polished displays and luxury items like $950 bongs sold at Barneys, the booming cannabis industry is contributing to growing social and economic disparities.
Historically, cannabis laws have been enforced unevenly, disproportionately impacting communities of color. These groups have faced high arrest rates, widespread criminalization, deportation, and property seizures with minimal due process, among other devastating consequences of the war on drugs. While cannabis is gradually being decriminalized, it’s a mistake to assume that the ethical and legal challenges surrounding it are nearing resolution. The reality is far more complex.
What does it mean to consume cannabis ethically?
As cannabis gains legal status in an increasing number of regions, it is also fueling a highly profitable industry. In 2018, the legal cannabis market was valued at $10.4 billion, marking a $1 billion increase from the previous year. By 2022, revenues are projected to reach $23.4 billion. While the market is now filled with new cannabis entrepreneurs, some are committed to addressing past injustices, ensuring that this economic boom benefits those historically affected by harsh drug policies. Others, however, are not as focused on these goals.
“We are increasingly seeing corporate cannabis entities prioritizing their own narrow interests,” stated Jag Davies, communications strategy director at the Drug Policy Alliance. These companies operate much like other profit-driven corporations, striving to dominate market share, maximize earnings, and, in some cases, oppose regulations that could create a more equitable industry—one not solely controlled by large, often white-owned businesses.
Few industries have undergone as rapid a transformation as cannabis, which was once used as a tool to target people of color and drive incarceration rates to alarming levels. Advocates like Davies and the DPA argue that consumers now bear a responsibility to prevent further harm and advocate for policies that address historical injustices. These efforts should include legislative actions, such as clearing criminal records related to marijuana convictions, and regulatory measures, like eliminating obstacles for those harmed by discriminatory drug laws to legally participate in the growing cannabis industry.
What does this mean for me as a cannabis consumer?
As a consumer, you hold significant influence by making informed choices about which businesses to support.
“One of the key questions to ask is whether the company advocates for a fair and open cannabis market that doesn’t grant it undue advantages,” Davies emphasized.
In one example, the New York Medical Cannabis Industry Association successfully lobbied Governor Andrew Cuomo to prohibit home cultivation of recreational cannabis in his legalization proposal. While the group argues its stance is rooted in public safety concerns, critics view it as a blatant attempt to stifle competition.
“From our standpoint, it’s difficult to find any legitimate justification—beyond personal or corporate greed—for opposing home cultivation at this stage,” Erik Altieri, executive director of NORML, stated in an interview with Marijuana Moment.
Adding to the controversy, one of the NYMCIA’s members, MedMen, a California-based company often dubbed “the Apple store of cannabis” for its high-end 5th Avenue location and modern touchscreen displays, was recently expelled from the association. This followed revelations that its top executives had used racist and sexist language. While MedMen boasts a luxurious storefront and cutting-edge shopping experience, do you want your cannabis dollars supporting individuals accused of such behavior?
How can I distinguish ethical companies from unethical ones?
In short, thorough research is essential. “Consumers need to stay informed and vigilant,” said Adam Vine, founder of Cage-Free Cannabis. This means examining the entire supply chain, whether purchasing from a dispensary or a delivery service. “Who greets you at the door? Who delivers your cannabis? Who is the budtender?” Vine questioned. “Who owns the business? How are employees compensated? Are they hiring individuals affected by the war on drugs? What products do they carry? How do these companies operate? Are their owners from communities directly impacted by drug policies? These are critical questions to consider.”
As Davies from the DPA explained, “This industry is unique. Millions of Americans have suffered irreversible harm due to these policies, and in many areas, this harm continues.”
That sounds like a lot of effort. Are there any simpler ways to navigate this?
Currently, no. The inconsistent marijuana laws across the U.S. make it difficult to establish universal standards, compounded by the fact that cannabis remains federally illegal. This complexity makes it challenging to easily identify ethical and unethical businesses. “Creating a list of people of color in the cannabis industry could put them at risk,” Vine noted. “So, it’s not feasible at this time.”
Sadly, the significant effort required to ensure ethical cannabis consumption means many people overlook it. Amber Senter, Executive Director of Supernova Women, an organization supporting women of color in the cannabis industry, told GQ last year that despite the disproportionate impact of cannabis policing on black and brown communities, consumers have largely failed to hold the industry accountable.
“Do consumers bear a responsibility?” Senter questioned. “Well, do they typically support black and brown businesses in other industries? Sometimes yes, sometimes no. Honestly, most of the time they don’t. So, will cannabis be any different? I seriously doubt it.”
However, if we hope for a fairer future, consumers need to start embracing their role as consumers to “build their own political and economic influence,” Vine explained.
“This was challenging in the past because identifying as a cannabis consumer was illegal. But now, as the stigma and legal risks diminish, it’s vital for consumers to openly identify themselves and become a formidable collective force.”
Lastly, don’t overlook the importance of advocacy.
Beyond your personal choices as a consumer, there are legislative measures you can back. For example, in February, Sen. Cory Booker reintroduced the Marijuana Justice Bill, which aims to automatically clear marijuana-related convictions and reinvest in affected communities through a dedicated fund.
As states move forward with legalization efforts, it’s crucial that laws include measures aimed at restoration. To address this, the Minority Cannabis Business Association, a non-profit, has developed a framework for state-level legalization that prioritizes removing obstacles such as high application costs and license restrictions. While cities like San Francisco and Oakland have already adopted such measures, it’s essential for the rest of the nation to follow their lead.
