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Address Structural Racism Principle 2

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Address Structural Racism Principle 2 March 24, 2021 The Honorable Andrew Cuomo Governor of New York State NYS State Capitol Building Albany, NY 12224 Dear Governor Cuomo, Poverty is not a God-given affliction. It is not a disease that we have not yet figured out how to cure. It is a man-made situation. These remarks, which you delivered during a visit to Rochester in 2015 after the formation of the Rochester- Monroe Anti-Poverty Initiative (RMAPI)i, are an especially apt description of the effects that the criminalization of marijuana has had on the Rochester community and across New York State. These laws have disproportionately impacted Black and Brown residents, especially those in high-poverty areas. As the state moves toward legalizing marijuana, RMAPI acknowledges and appreciates all of your efforts to ensure the legislation prioritizes equity and prioritizes low income and Black and Brown community members. As negotiations continue, RMAPI believes that these principles should be followed: Principle 1: Address Structural Racism Legalizing marijuana is an opportunity for New York State to address the structural racism inherent in its drug laws, how those laws have been enforced, and the long-term impacts of that enforcement on Black and Brown communities. Principle 2: Prevent and repair harm caused by our current drug laws (address trauma) Having a criminal record is a significant barrier to finding employment, accessing basic needs such as housing, and achieving financial stability. Legalizing marijuana is an opportunity to meaningfully reduce this barrier and address the harm and trauma that the criminalization of marijuana has inflicted on Black and Brown communities. Principle 3: Utilize revenue to support those communities that have been most harmed by the criminalization of marijuana (build community) Legalization is not a solution for the state’s overall budget challenge, or intended to underpin the general fund. Instead, legislation should dedicate a significant percentage of revenue to the Black and Brown communities that have been most impacted by drug laws. 75 College Avenue, Rochester, NY 14607 • T 585.242.6400 • www.EndingPovertyNow.org Principle 4: Ensure that the legal marijuana economy is accessible to low-income and Black and Brown individuals (enable sustainable employment) Legalizing marijuana must be done in a way that creates equitable economic opportunity and avoids exploitation in communities that have been most harmed by its criminalization. Evidence for the adverse impact of marijuana criminalization is stark. The Data Collaborative for Justice at John Jay College found that for every White person arrested for marijuana possession in Upstate New York cities, 12.1 Black people were arrestedii. When arrested for marijuana possession, Black and Brown residents have been prosecuted at rates higher than their white counterparts. While the majority of White people charged with low-level marijuana possession were likely to receive a conditional discharge, Black people were just as likely to be convicted as they were to receive a conditional discharge. A total of 85.5 percent of those convicted of low-level marijuana possession in Monroe County in 2016 were black, 8 percent were white, and 5 percent were Hispaniciii. Racism is a primary antecedent to poverty and the driving force of economic and social oppression in the City of Rochester, Monroe County, and throughout our country. It is not an accident or an anomaly, but instead a feature of the social, economic, and political systems in which we all exist. The criminalization of marijuana, by design, has placed roadblocks that make it nearly impossible for many Black and Brown residents to escape poverty. Addressing structural racism Legislation must acknowledge that the criminalization of marijuana has led to racial disparities in the prosecution of drug-related crimes and increased racial income disparities. It must be taken as an opportunity to reduce the state’s prison population and immediately address the many cascading impacts of incarceration on Black and Brown communities. The state must also create “safe harbor” policies to protect participants in the state’s legal marijuana economy from facing penalty on the federal level. “The cradle to prison pipeline—that is something that needs to be dismantled.” – Rochester community member This presents an important opportunity to address disparities of enforcement, incarceration, financial hardship, and the criminalization of poverty in low-income and Black and Brown communities. Legalizing marijuana should lead to a reimagining of how we communicate information about marijuana usage, creating space for positive and proactive education and messaging. Addressing trauma Having a criminal record is a significant barrier to finding employment, accessing basic needs such as housing, and achieving financial stability. Legalizing marijuana is an opportunity to meaningfully reduce this barrier and address the harm and trauma that the criminalization of marijuana has inflicted on Black and Brown communities. 75 College Avenue, Rochester, NY 14607 • T 585.242.6400 • www.EndingPovertyNow.org “When it comes to legalizing marijuana, I see that as an important tool to begin to make room for healing people, healing our broken society. I’m not talking about in some futuristic sense, I’m talking about that healing begins now.” – Rochester community member Legalization legislation must create straightforward, fast, accessible mechanisms for dropping current criminal charges related to marijuana and expunging past records. This should happen automatically and as immediately as possible. Residents who have faced longer and harsher penalties for related charges due to marijuana arrests must have an opportunity to have these charged reduced or expunged. Legislation should encourage other institutions to eliminate penalties for past actions that are now legal. Employers should be encouraged to change standards for pre-employment background and drug checks and eliminate inequitable and discriminatory policies regarding marijuana usage and the workplace. Eligibility guidelines for government programs should also be updated to restore all rights and freedoms to those who have criminal charges related to marijuana use and sale. Building community While legalization is not a solution for the state’s overall budget challenge, it does present an important opportunity to direct funds to address past inequities. Legislation should dedicate a significant percentage of revenue to the Black and Brown communities that have been most impacted by drug laws. As the state develops parameters for how revenue will be managed and distributed, it is critical that Black and Brown communities are actively engaged. New York should take an inclusive approach to utilizing marijuana revenue to support low-income and Black and Brown communities that have been harmed, including: • Expanding re-entry programs • Supporting children whose parents are incarcerated • Incentives for dispensaries to be located in predominantly Black and Brown neighborhoods Compensating people for time served related to marijuana charges • Grants/loans for individuals who are incarcerated, have past drug charges, or are currently selling drugs so they can start dispensaries and get the education/support they need to do so. “Recently they had the Hawkeye vaccination site and you had to live in certain zip codes to get that. And then later other people could get that. What if you had licenses with a staggered release at first? So you have to live in [higher-poverty] areas like that to get a license at first … I really think that’s a good path to give a longer opportunity for people of color or poor people to find funding for this, find partners.” – Rochester community member 75 College Avenue, Rochester, NY 14607 • T 585.242.6400 • www.EndingPovertyNow.org A portion of the new revenue should be used to provide holistic education and training for individuals currently engaged in the illegal sale of marijuana, so that they can become business owners in the new, legal economy. The state and localities should create mechanisms for intentional education and training opportunities for those who have dropped out of the formal education system, including education focused on business and financial management skills and clear pathways into these opportunities. A portion of revenue should also be used to support substance use disorder treatment and recovery programs that serve Black and Brown communities. Enabling sustainable employment Legalizing marijuana must be done in a way that creates equitable economic opportunity and avoids exploitation in communities that have been most harmed by its criminalization. The new economy of legalized marijuana – including its workforce and all steps of the supply chain – must be accessible to low income and Black and Brown communities. The new economy of legalized marijuana must be purposely structured to be equitable. This includes: • Eliminating barriers to entry (such as past drug charges) • Targeted grant/incentive programs • Targeted outreach to help individuals currently illegally selling drugs transition to the legal economy and utilize their entrepreneurial skills and experiences. “A lot of these drug dealers are entrepreneurs, they just don’t know it or see it in themselves. We should open it up to those that are still on the street selling drugs.” – Rochester community member The new economy of legalized marijuana must be affordable for individuals and small business owners
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