Equity and Marijuana Policy: A Comparative Analysis using Critical Race Theory.

Overview: States that have already legalized marijuana face criticism for the lack of representation in the business side of this new policy. This study compares the first two states to legalize marijuana, Washington state and Colorado, through a Critical Race Lens and examine racial justice implications.Proposal text: Title: Equity and Marijuana Policy: A Comparative Analysis using Critical Race Theory.

Background: The United States has less than 5% of the world’s population yet houses 25% of the global incarcerated population where most are serving for drug-related crimes. Historically, U.S. drug policies have disproportionality impacted racial minorities. Black, Indigenous, People of Color (BIPOC) are more likely to serve drug-related prison sentences than their White counterparts. Although evidence shows the disproportionate impact of U.S. drug policies on ethnic minorities, little research has gone into marijuana legalization and how related policies perpetuate racial/ethnic disparities. This study attempts to address this gap by comparing current marijuana policies in Washington state (WA) and Colorado (CO), the first two U.S. states to legalize marijuana, and examining their implications on racial/ethnic minorities through a critical race theory (CRT) lens.


Methods: We used data collected from WA and CO public government reports. We utilized exploratory content analysis to examine policy language, implementation practices (taxes, retail license criteria), and aftereffects on racial minorities. CRT tenets of “interest convergence” and "intersectionality” framed our coding and analysis of emerging themes.

Results: The results show the following themes: differences in taxation and revenue, engagement barriers in the marijuana industry, overrepresentation of minoritized youth in marijuana-related charges, and disparities in dispensary density in minority communities. Findings show racial minority and impoverished communities had a higher density of marijuana businesses. However, licensing criteria such as criminal background checks and federal prohibition of marijuana perpetuate inequities in minority-owned marijuana dispensaries. For example, applicants with incarceration histories often cannot apply for a bank loan. Therefore, they must rely on social and financial capital, which racial minorities often lack. High taxation practices in WA perpetuate the illicit market and racial disparities for marijuana distribution arrest rates. In CO, marijuana-related arrest rates increased with racial minority youth.

Conclusion: Our findings underscore the critical role of drug policies in promoting racial equity, especially in the U.S. Additionally, results regarding the disproportionate rates of marijuana business owners highlight racial implications of drug policies in perpetuating the racial wealth gap. Policy and research implications regarding how marijuana policies could repair the historical harms of drug policies on minoritized populations will be discussed.