Social Justice and Cannabis Legalization in Canada: Addressing Historical Inequities

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7 min readNov 15, 2024

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Introduction

The legalization of cannabis in Canada in 2018 represented a pivotal shift in the country’s drug policy, moving from prohibition to regulation. While this change has had numerous social, economic, and health-related implications, it has also sparked significant conversations about the historical and ongoing social justice issues related to cannabis prohibition. Cannabis laws, particularly the criminalization of its use, have disproportionately affected marginalized communities, most notably Indigenous and Black Canadians. The enactment of the Cannabis Act aimed to address some of these inequities by legalizing cannabis, expunging criminal records, and creating economic opportunities in the newly regulated industry. This article explores how cannabis legalization in Canada intersects with social justice, particularly in relation to racial disparities in enforcement, efforts to rectify past injustices, and the challenges faced by Indigenous and racial minority communities in accessing the cannabis market.

Racial Disparities in Cannabis Enforcement

The criminalization of cannabis in Canada, as in many other countries, has a long history that is deeply intertwined with racial and colonial policies. Prior to legalization, cannabis was widely regarded as a “gateway drug,” and its prohibition disproportionately affected certain communities, particularly Indigenous and Black Canadians. Cannabis laws were enforced in ways that mirrored broader patterns of systemic racism in law enforcement and criminal justice systems.

Historical Context of Cannabis Criminalization

The history of cannabis prohibition in Canada dates back to the early 20th century, when cannabis was first criminalized as part of a broader campaign to control immigrant populations, especially those from Mexico and the Caribbean. Cannabis was often associated with marginalized communities, which led to its use as a tool for racial and social control. Although cannabis use was widespread among both white and non-white populations, the enforcement of prohibition laws was disproportionately targeted at racial minorities.

Throughout the 20th century, cannabis laws became a key element in the criminalization of Black and Indigenous communities. In the 1980s and 1990s, the “War on Drugs” policies in Canada mirrored similar efforts in the United States, with an emphasis on arrests and incarceration for non-violent drug offenses. This approach exacerbated racial disparities in the justice system and disproportionately impacted Black Canadians, Indigenous peoples, and other racial minorities.

Statistics and Case Studies

Statistics from the years leading up to cannabis legalization reflect these racial disparities. Despite similar rates of cannabis use across racial and ethnic groups, Black Canadians were arrested for cannabis possession at rates that were significantly higher than their white counterparts. A 2019 report from the Ontario Human Rights Commission found that Black people were 20 times more likely to be arrested for cannabis-related offenses than white people in the province of Ontario.

Indigenous communities have also faced disproportionate impacts from cannabis prohibition. A report from the Assembly of First Nations (AFN) highlighted that Indigenous peoples are more likely to be arrested, charged, and incarcerated for cannabis-related offenses than non-Indigenous Canadians. The criminalization of cannabis has compounded the challenges faced by Indigenous communities, including the overrepresentation of Indigenous peoples in the criminal justice system, and has hindered their efforts to reclaim autonomy and control over their lands and resources.

The Role of Law Enforcement and Systemic Racism

Law enforcement practices have played a central role in perpetuating these racial disparities. While cannabis use was widespread across various communities, law enforcement agencies often employed racial profiling, disproportionately targeting Indigenous and Black Canadians. Systemic racism within police forces has meant that certain communities faced harsher scrutiny and more aggressive policing strategies, exacerbating the harm caused by cannabis prohibition.

In this context, cannabis enforcement became more than just a question of drug policy — it was a question of racial justice. The legacy of discriminatory enforcement continues to resonate in many communities, where trust in law enforcement and the justice system remains low.

The Legalization as a Step Toward Social Justice

The Cannabis Act, passed in 2018, sought to address some of the historical injustices that cannabis prohibition inflicted on marginalized communities. While the legislation does not erase the harm caused by decades of criminalization, it represents a step forward in reconciling past injustices and promoting social justice.

Expungement of Criminal Records

One of the most significant provisions in the Cannabis Act with respect to social justice is the expungement of criminal records for individuals previously convicted of cannabis-related offenses. In Canada, people with criminal records for cannabis possession have faced significant barriers to employment, travel, and housing. The Cannabis Act allows individuals with convictions for simple possession (under 30 grams) to apply for an expungement of their records. This process aims to remove the legal and social consequences of past criminalization, offering a fresh start for individuals impacted by cannabis prohibition.

While the expungement process is a positive step, it has not been without its challenges. As of 2023, many people with criminal records have faced difficulties navigating the legal process for expungement, and the administrative burden on the justice system has slowed the pace of expungement. However, the fact that such a measure was included in the legalization process represents an acknowledgment of the harm caused by cannabis prohibition and a step toward healing for those affected.

Programs Aimed at Increasing Economic Opportunities for Marginalized Communities

In addition to expunging criminal records, the Cannabis Act and subsequent policies have introduced programs designed to increase economic opportunities for marginalized communities, particularly racial minorities. The cannabis industry, which emerged from legalization, represents a major economic opportunity, and there have been efforts to ensure that individuals from historically disadvantaged groups have access to this new market.

For example, the federal government and various provinces have launched grant programs and incentives aimed at supporting cannabis entrepreneurship within marginalized communities. The goal is to ensure that racial minorities, Indigenous peoples, and other historically disenfranchised groups are not left behind as the cannabis market grows. Some provinces have also introduced mentorship programs, incubators, and financial support for minority entrepreneurs looking to enter the cannabis industry.

However, while these programs are a step in the right direction, challenges remain. Access to capital, systemic barriers in the business world, and the complex regulatory environment of the cannabis industry continue to make it difficult for many marginalized groups to gain a foothold in the market. Despite these barriers, the push for equity in the cannabis sector continues to grow, with advocates calling for more robust support systems and greater efforts to dismantle the structural obstacles faced by marginalized communities.

Cannabis Entrepreneurship and Equity

Promoting diversity and equity within the cannabis industry has become a critical issue in Canada’s post-legalization landscape. As cannabis moves from the underground market to the mainstream, the opportunity for wealth generation and economic growth is immense. Yet, the history of cannabis criminalization means that racial minorities — who have been disproportionately harmed by prohibition — are often excluded from the burgeoning industry.

Efforts to Promote Diversity in the Cannabis Industry

Recognizing the importance of equity, a number of programs have been implemented to support minority entrepreneurs in the cannabis industry. For example, the Canadian government has created programs that provide funding and business development support for underrepresented groups, including Black and Indigenous peoples. Non-governmental organizations (NGOs) and private-sector initiatives also play a key role in promoting diversity, with some cannabis companies actively seeking to diversify their workforce and leadership teams.

Several advocacy groups, such as the Cannabis Equity Coalition, continue to push for further policy reforms that would provide more opportunities for racial minorities to engage in cannabis entrepreneurship. These efforts focus on creating inclusive, sustainable business models and providing the necessary resources to ensure that equity is central to the industry’s development.

Challenges Faced by Marginalized Communities

Despite these initiatives, many challenges persist. One of the primary obstacles faced by racial minorities and Indigenous communities is access to capital. Cannabis businesses require significant upfront investment, and financial institutions have often been reluctant to provide loans to individuals from marginalized communities. Additionally, the complex regulatory environment of cannabis production, distribution, and retail poses significant barriers to entry for new entrepreneurs.

Furthermore, the ongoing legacy of cannabis criminalization has created significant stigma around cannabis use, which may deter potential entrepreneurs from entering the market or inhibit community acceptance of cannabis businesses led by minority groups.

Indigenous Perspectives and Involvement

Indigenous communities in Canada have a unique relationship to cannabis legalization, shaped by their distinct legal and political status. Indigenous peoples were historically excluded from the benefits of cannabis legalization, despite having been disproportionately impacted by prohibition. However, Indigenous communities have also seized opportunities to play a more active role in the cannabis industry, often seeking to establish Indigenous-led businesses and asserting their sovereignty over cannabis production and distribution.

Indigenous-Led Cannabis Businesses

In recent years, there has been a growing movement for Indigenous-led cannabis businesses. Many Indigenous communities are exploring the potential of cannabis cultivation, processing, and retail as a way to generate economic development, create jobs, and reclaim control over traditional territories. Some First Nations have already launched cannabis businesses, capitalizing on their ability to operate under their own governance frameworks rather than provincial or federal regulations.

These businesses not only create economic opportunities but also reflect a broader push for Indigenous sovereignty and self-determination. Cannabis cultivation and trade offer a way for Indigenous communities to build economic independence and further their cultural revitalization efforts.

Legal and Political Discussions

Despite the growing involvement of Indigenous peoples in the cannabis industry, there remain ongoing legal and political challenges regarding their rights to cannabis production. Disputes over land rights, jurisdictional authority, and federal versus Indigenous governance frameworks continue to create tensions. There is a need for clearer policy and legal guidance on the role of Indigenous communities in the cannabis sector, especially with respect to their rights to cultivate and distribute cannabis on their own terms.

Conclusion

The legalization of cannabis in Canada has provided an opportunity to address som bc bude of the social justice issues that have been linked to cannabis prohibition, particularly with respect to racial and Indigenous communities. While the Cannabis Act has taken steps to rectify past wrongs — such as weed sites canada expunging criminal records and creating economic opportunities — it is clear that much work remains. The challenges of creating an equitable cannabis industry, addressing the legacy of criminalization, and ensuring that Indigenous and

racial minorities can fully west coast canada weed participate in the benefits of legalization are ongoing. As Canada continues to evolve its cannabis policies, the journey toward social justice will require sustained efforts, thoughtful policymaking, and a commitment to equity and inclusion at all levels of the cannabis sector.

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