Sec. 2. Findings

423 words·~2 min read·/bill/117/s/4591/is/section-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Congress finds as follows: The communities that have been most harmed by cannabis prohibition are benefitting the least from the legal marijuana marketplace. A legacy of racial and ethnic injustices, compounded by the disproportionate collateral consequences of 80 years of cannabis prohibition enforcement, now limits participation in the industry. 38 States, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and Indian Tribes have adopted laws allowing legal access to cannabis, and 19 States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, and Guam have adopted laws legalizing cannabis for adult recreational use.

A total of 49 States have reformed their laws pertaining to cannabis despite the Schedule I status of marijuana and its Federal criminalization. Legal cannabis businesses support more than 428,000 jobs throughout the United States. Legal cannabis sales totaled $25,000,000,000 in 2021 and are projected to reach $45,000,000,000 by 2025. According to the American Civil Liberties Union (ACLU), enforcing cannabis prohibition laws costs taxpayers approximately $3,600,000,000 a year.

The continued enforcement of cannabis prohibition laws resulted in over 350,000 arrests in 2020, disproportionately impacting people of color who are almost 4 times more likely to be arrested for cannabis possession than their White counterparts, despite equal rates of use across populations. People of color and Native Americans have been historically targeted by discriminatory sentencing practices resulting in Black men receiving drug sentences that are 13.1 percent longer than sentences imposed for White men and Latinos being nearly 6.5 times more likely to receive a Federal sentence for cannabis possession than non-Hispanic Whites.

In 2013, simple cannabis possession was the fourth most common cause of deportation for any offense and the most common cause of deportation for drug law violations. Since 2003, the United States has deported more than 45,000 people whose most serious conviction was cannabis possession. Fewer than one-fifth of cannabis business owners identify as minorities and only approximately 2 percent are Black. Applicants for cannabis licenses are limited by numerous laws, regulations, and exorbitant permit applications, licensing fees, and costs in these States, which can require more than $700,000.

Historically disproportionate arrest and conviction rates make it particularly difficult for people of color to enter the legal cannabis marketplace, as most States bar these individuals from participating. Federal law severely limits access to loans and capital for cannabis businesses, disproportionately impacting minority and Tribal small business owners. Some States, Indian Tribes, and municipalities have taken proactive steps to mitigate inequalities in the legal cannabis marketplace and ensure equal participation in the industry.