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Black lawmakers are blocking any attempt to legalize marijuana for recreational purposes in New York, warning that Governor Andrew M. Cuomo's proposal could perpetuate the racial inequality favored by drug laws.
Legislators say that unless we guarantee people of color a share of the potential $ 3 billion industry, there may be no legalization this year. They want to be assured that part of this money will go to vocational training programs and that community members will be licensed to grow or sell marijuana.
Ten states and Washington, DC, have legalized marijuana for recreational purposes and, while other legislators are considering their own laws, they seem to be intending not to repeat what they see as errors in other States.
According to them, one mistake, in particular, emerges: none of the 10 states nor Washington has ensured that minority communities share an economic bonanza of legalization – by missing the opportunity to repair years of disproportionate detention of Africans Americans the marijuana charges.
In New York, the issue of the economic performance of these communities has become a critical issue.
"I have never seen anyone do it right," said MP Crystal Peoples-Stokes, the first black woman to hold the position of majority leader in the legislature, about legalization.
"They thought we would be confident that in the end, these communities would be invested. But it's not something I want to trust, "she continued. "If this is not required by law, it will not happen."
Critics say the legalization of marijuana has fostered an unfair system in which wealthy white investors often reap the benefits of the new industry.
In Colorado, black entrepreneurs said that they were forbidden to earn licenses because of marijuana convictions. Blacks represent only a handful of thousands of cultivation permit holders or dispensaries, and continue to be arrested for marijuana-related charges at a rate almost three times higher than whites.
In California, several cities have implemented equity programs retroactively. Oakland now requires at least half of the allowed to go to people who were sentenced to cannabis and whose income was below a threshold.
Black legislators in New York are among the most vocal journalists in the legalization of marijuana, but they want their state to be the first to directly link legalization to an economic equity agenda. And this involved asking for changes to Mr. Cuomo's proposal, which, although it provides for a "social and economic equity plan", does not specify how much weight would be given to the candidates for a minority license, nor how much money would be invested in communities ravaged by the war on drugs.
Alphonso David, counsel for the governor, said that these provisions would be included in the regulation once the legalization adopted. "Some people are looking for a level of detail that may not fit the legislation, and we need to be careful how we implement it so we do not have to change it every few years," he said. declared.
But opponents say these omissions undermine Cuomo's efforts to conceive of legalization as a way to repair the damage done by decades of criminalization to communities. He called for sealing some drug cases and funding drug treatment.
Although Cuomo insisted that the legislature insist that legalization be included in the state budget in April, crucial lawmakers have shown little interest in hastily passing his proposal.
"It's not going to be like the current situation," said Peoples-Stokes, a Democrat who represents a district that includes Buffalo. She introduced her own bill, which directs half of all marijuana revenue to a community fund supporting vocational training and prioritizes licensing for people in communities most affected by criminalization.
Mr Cuomo seemed to acknowledge it on Monday, telling reporters that he "was no longer confident" that marijuana would figure in the budget.
The debate is taking place in New York while at least three candidates for the Democratic presidential election – Senators Kamala Harris of California, Elizabeth Warren of Massachusetts and Julian Castro – have declared support reparations for African Americans. Alexandria Ocasio-Cortez's representative recently called for "affirmative action" licensing for colored entrepreneurs in the marijuana industry.
Senator Cory Booker of New Jersey, another presidential candidate, introduced a bill to legalize marijuana nationwide. Co-sponsored by four other Democratic presidential candidates, including Senator Kirsten Gillibrand of New York, it includes provisions for investment in employment in minority communities.
In New Jersey, where the legislature is also weighing legalization, a coalition of black pastors, N.A.A.C.P. and lawyers is also pushing for legalization only if they are linked to reinvestment in the community. After legislators passed the bill in November by a committee, the chapter of the American Civil Liberties Union declared that the addition of language on education and training was an absolute priority.
In New York, the influence of wealthy medical marijuana companies, which are predominantly white-controlled, may be particularly well positioned to benefit the leisure industry.
This concern is so obvious that the New York Medical Cannabis Industry Association, worried that lawmakers are seeking to exclude them from the new industry, sent Monday a letter to Mr. Cuomo and the legislative leaders to promise them to create $ 25 million. Cannabis Economic Opportunity Fund "to provide zero rate loans to businesses run by women and people of color. (The association recently asked the MedMen company to resign from its group following allegations of racism among senior executives.)
Medical companies also sought to shape the bill: their leaders and relatives donated more than $ 600,000 to Mr. Cuomo's campaign account.
The governor's bill would also require candidates to dispose of the land, buildings and equipment needed for their operations, which would exclude many blacks because of historical disparities in capital, said Kassandra Frederique, director of the Drug Policy Alliance, of the State of New York. non-profit group. Frédérique's group is pushing for the bill to include zero rate loans and provisional licenses.
After legalization, Mr. David said that state regulations after legalization could include zero-rated loans for minority-owned entrepreneurs, funded by payments from companies seeking licenses.
Other interests are already claiming a share of hypothetical tax revenue, which is expected to reach $ 677 million a year. Last month, Cuomo and Mayor Bill de Blasio have announced a plan to divert at least some of this money to the New York City subway.
But legislative leaders have suggested that revenue may not materialize without a strong economic equity plan.
"I was very clear with the governor and mayor that marijuana income, if we get there," should first pass to "community investment," said the president of Assembly, Carl E. Heastie.
A bill that includes only criminal justice changes, to the detriment of economic changes, would not meet that standard, the lawyers said.
"Some people exploit the legalization of social justice," said Bertha Lewis, president of the Black Institute and chief strategist for We Rise to Legalize, a coalition of lobbies.
"You can not talk to me about justice and not talk to me about economics. They are inextricably linked. "
Throughout New York City, communities are trying to take advantage of the benefits of legalization, regardless of what is happening in Albany.
The Progressive Caucus of the City Council and the Latin American and Asian Caucus have recently passed laws and resolutions asking the city to locally control home delivery and marijuana cultivation, eventually allowing smaller businesses to share sales. .
"Do not stop people, it's not enough," said Donovan Richards, Queens Councilman. "Economic justice must be served."
For some skeptics of marijuana, "economic justice" has become the point of sale, as well as the point of friction. Reverend Anthony Trufant, pastor of the Emmanuel Baptist Church in Brooklyn, organized a conference with the Women Grow Group at his church last month with the goal of enhancing diversity in the cannabis industry .
Representative Hakeem Jeffries, among his speakers, said in an interview that a "growing emphasis on the economic aspect of marijuana legalization" had replaced an "excessive emphasis on social justice".
Mr. Trufant said the economic argument had helped to ease his initial hesitation about legalization.
"There are opportunities for investment," he said. "There are job opportunities."
If reinvestment initiatives are not put in place alongside legalization, the parallel market may remain, said Dasheeda Dawson, executive director of MJM Strategy, a cannabis consulting and marketing company.
"The industry is currently very white," Dawson said. "If I'm in the hood and I buy income from my man by buying at home, I will continue to buy black."
Yet, the economic argument has not convinced all the skeptics.
Reverend Johnnie Green Jr. of Mount Neboh Baptist Church in Harlem said that black politicians and activists "made fun of themselves" when they thought the marijuana licenses would go to the community. black.
"Licenses will go disproportionately to Caucasians. This has already been proven in all cities where pot legalization is legalized, "he said. "I just wish that they stop acting like this is a win-win for the black community."
Reverend Reginald Lee Bachus, of the Abyssinian Baptist Church in Harlem, said he would press for legalization, if successful, to create funding for black communities, but not push for the legalization itself divides his congregation.
"I lose some of my support if I rank on one side or the other," said Mr. Bachus, "but I have 100% support if I'm talking about recipes tax. "
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