Individualized Cannabis Reparations

This Article makes an argument that should be obvious. The best way for governments to right the wrongs of cannabis prohibition is to give money to people with cannabis offenses. Nonetheless, this straightforward reform has been consistently overlooked, dismissed, or minimized by policymakers and scholars alike, eschewed in favor of other social equity programs that do not right those wrongs nearly as effectively. Governments have indeed invested hundreds of millions of cannabis tax dollars in social equity licensing programs and community reinvestment initiatives.

These programs—while often worthwhile—do not benefit the vast majority of people with past cannabis offenses. Governments should be adopting reparations programs that use cannabis tax revenues to fund payments for those most directly harmed by cannabis prohibition. The Article argues that such programs can be implemented at all levels of government and identifies several dimensions upon which reparations programs can vary based on local conditions.These variables create a framework for policymakers and reformers to craft reparations programs. From there, the Article gets down to brass tacks, using case studies to show that states generate ample cannabis tax revenues to provide meaningful compensation for those most harmed by cannabis prohibition.