Race Neutral: Social Equity and Disparities in State Cannabis Policy

• In Event: Implementation is Politics: Effects of Variation in State Cannabis Policy

Abstract

Public policies can be equitable prima facia but result in inequalities due to their cumulative impact with other policies. We contend that the state-to-state process of marijuana liberalization in the United States is emblematic of this dynamic. It was not until much later in the diffusion of cannabis programs that states started considering the paradox of a product whose criminalization disproportionately disadvantaged citizens of color, while its liberalization (be it for medicinal applications or recreational use) largely advantages white and wealthy citizens.

Since the 1970s, New Public Administration has included social equity as one of its main pillars. The social equity pillar fosters social justice, diversity and inclusion, equality, equity, and culture. It examines income gaps, the tension between racial and social groups, justice as fairness, and unequal access to health and education. This paper leverages the insights of the three dimensions of New Public Management – structure, culture, and craft – and the social equity pillar of New Public Administration in order to assess the de facto social injustices of marijuana liberalization.

We examine whether policies governing the cannabis industry are effective in fostering social justice. To do this, we pose three specific research questions: how have criminal record and capital ownership requirements excluded minorities from ownership in the cannabis sector; how have states and interest groups sought to identify and remedy disparities in the sector; and, in the states that have tried to address social equity in the rulemaking process, what are the enforcement mechanisms available to administrators?

We will answer these questions in several ways. First by tracing the history of the incorporation of diversity requirements for ownership in cannabis laws, both medical and recreational. We will pair this with an analysis of cannabis policy media coverage to determine when social justice became part of the conversation about marijuana liberalization. Then, we will focus on Pennsylvania’s medical cannabis program, which is considered a model of social equity requirements. We gathered data from publicly available license applications to understand the diversity of those applications, as well as the diversity of awarded licenses in Pennsylvania. We conclude by discussing the greater social justice implications of recreational marijuana that state governments and public administrators are facing.

Authors

• Daniel J Mallinson, Penn State, Harrisburg

• Lauren Azevedo, Penn State Harrisburg

• Lee Hannah, Wright State University