Policy Resolution AGR-26-19

WHEREAS, the National Black Caucus of State Legislators (NBCSL) recognizes that the “War on Drugs” has failed and left devastating and long-lasting impacts on Black communities across the United States, leading to disproportionate arrests, convictions, and incarceration for nonviolent drug offenses, particularly those involving cannabis;

WHEREAS, according to the American Civil Liberties Union (ACLU), between 2010 and 2018, more than 6.1 million people were arrested for marijuana possession, and Black people were 3.6 times more likely to be arrested for marijuana possession than White people, despite comparable usage rates;

WHEREAS, cannabis prohibition policies stripped millions of individuals of their freedom, employability, voting rights, housing access, and economic mobility, while simultaneously destabilizing families and perpetuating cycles of poverty in communities of color;

WHEREAS, according the National Conference of State Legislatures as of 2025, 40 states and the District of Columbia have legalized cannabis for medical use, and 24 states have legalized cannabis for adult recreational use;

WHEREAS, according to an article by the Congressional Black Caucus Foundation, this is creating a legal marketplace projected to surpass $72 billion annually by 2030, yet the overwhelming majority of cannabis business ownership and licenses remain concentrated among non-minority and corporate operators;

WHEREAS, despite the stated intent of many state “social equity” programs to repair the harm done by the War on Drugs, implementation has too often been plagued by regulatory delays, financial barriers, litigation, and limited access to capital, leaving many qualified social equity applicants unable to compete or participate meaningfully in the industry;

WHEREAS, according to an article in Fortune Magazine, only a few states meet a 5% Black ownership rate, and many state programs have failed to deliver equitable outcomes despite legislative mandates;

WHEREAS, communities facing the highest arrest rates and social disruption because of cannabis criminalization, are the communities that should be prioritized for ownership, employment, and community reinvestment opportunities in the legal marketplace; and

WHEREAS, there are models in states such as Illinois, Massachusetts, New York, and California that demonstrate a way forward through equity-based licensing, record expungement, fee waivers, and reinvestment of cannabis tax revenue to address past harm and create future opportunity.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports a nationwide study and report on the effectiveness of cannabis social equity programs across all states with legalized medical or adult-use cannabis, to evaluate:

• the extent to which social equity applicants have received licenses and maintained operational businesses;
• barriers to access such as financing, zoning, application costs, or regulatory complexity;
• levels of community reinvestment and expungement implementation; and
• opportunities to strengthen accountability, transparency, and data collection on racial equity outcomes;

BE IT FURTHER RESOLVED, that the NBCSL urges all states with legalized cannabis to uphold their commitments to social equity, ensuring that individuals and communities disproportionately harmed by the War on Drugs are prioritized to benefit from legalization, business ownership, job creation, and cannabis tax revenue reinvestment;

BE IT FURTHER RESOLVED, that the NBCSL encourages states considering future legalization of cannabis to include robust social equity provisions, such as:

• priority licensing for individuals from impacted communities;
• fee reductions, technical assistance, and low-interest capital access for social equity applicants;
• expungement of past nonviolent cannabis convictions;
• dedicated reinvestment of cannabis tax revenue in community development, education, reentry services, and small business growth; and
• mandatory reporting on racial and economic participation metrics;

BE IT FURTHER RESOLVED, that the NBCSL calls upon the U.S. Department of Justice, Congress, and relevant federal agencies to support federal legalization efforts that prioritize racial equity, restorative justice, and fair access to capital for minority-owned businesses; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

• Resolution ID: AGR-26-19
• Sponsored by: Rep. Sonya Marie Harper (IL)
• Policy Committee: Agriculture and Conservation Policy Committee