Marijuana Legalization, Racial Disparity, and the Hope for Reform

The criminalization of marijuana is rooted in a deeply racist history and has devastated minority communities. Studies show that usage of the drug is consistent across racial groups, but arrests of minorities are nevertheless higher than arrests of white offenders. Indeed, those kinds of disparities have persuaded some voters and policy makers to support legalization of marijuana. California’s initiative, Proposition 64, passed in November 2016 and is now being implemented statewide.

Drafters of Proposition 64 were aware of the racial disparity in enforcement of marijuana laws and attempted to offer a remedy. This Article asks whether Proposition 64 can achieve the goal of abating the disproportionate impact of marijuana laws on minority communities. The author is agnostic about whether California will achieve its goal of addressing inequity, certainly not without major changes in current regulations and costs of entry to the business.