Editorial — Wrong priorities: Law-abiding citizens denied state’s first dispensary licenses

“As part of the Seeding Opportunity Initiative, individuals who are awarded CAURD licenses will receive support from the Social Equity Cannabis Investment Fund. Up to 175 licenses will be granted in total: as many as 150 to individual applicants and up to 25 to nonprofit applicants. Going forward, licenses applications will be sent to the board for its consideration on a rolling basis,” according to a news release issued in November by the Cannabis Control Board. “To be eligible, applicants were required to either have had a cannabis conviction themselves or be the family member of someone who has and have owned a profitable business. Nonprofits were eligible if they had a history of serving current or formerly incarcerated individuals, including creating vocational opportunities for them; have at least one justice-involved board member; at least five full time employees; and have operated a social enterprise that had net assets or profit for at least two years. Over the last 30 years, black New Yorkers were 15 times more likely to be arrested for cannabis than white New Yorkers. For Latinos, it was eight times more likely. Accordingly, the majority of the license awardees announced today are people of color.”

Passed in March 2021, the Marijuana Regulation and Taxation Act allows New Yorkers at least 21 years of age to possess up to 3 ounces of cannabis or up to 24 grams of concentrated cannabis in public. Individuals also may smoke marijuana anyplace cigarette smoking is allowed.

The law authorizes people to sell recreational marijuana. Provisions for dispensaries were established last year.

During their Feb. 6 meeting, members of the St. Lawrence County Board of Legislators unanimously approved a resolution opposing the state’s decision to favor former convicts over residents who follow the law in issuing its first dispensary licenses. The document reads in part:

“Whereas, New York state is the only state in the country to discriminate against law-abiding citizens in initial dispensary licenses to individuals with past marijuana-related convictions; and whereas, according to a poll taken by Siena College, most New York voters oppose prioritizing licenses for people with previous convictions; and whereas, besides the conviction-based criteria being discriminatory to law-abiding citizens and entrepreneurs who wish to open businesses, it also [is] offensive to all law enforcement agencies across New York state who have been fighting a War on Drugs; and whereas, this initiative gives preferential treatment to those who have violated the law, thereby making law-abiding citizens secondary to previously convicted criminals, and for New York state to reward criminal conduct in any manner is unreasonable; now, therefore, be it resolved that the Board of Legislators opposes regulations that will set aside the first round of retail licenses for marijuana dispensaries to those previously convicted of marijuana offenses as proposed by the Cannabis Control Board of New York state; and be it further resolved that the Board of Legislators expresses deep concern that this invitation of previously convicted individuals into the sale of drugs will serve as an endorsement of lawlessness in our communities …”

Among the first 36 CAURD licenses issued last year, just one went to an applicant from the north country. The Cannabis Control Board planned to award 175 licenses — 150 to individuals and 25 to nonprofit groups — in its initial phase. According to an Aug. 24 story on the website for Marijuana Moment, only four of these are destined for Northern New York.

We supported the moves to decriminalize medicinal cannabis and recreational marijuana. Prohibition has largely failed, and it’s time to try a new approach.

And those affected by the enforcement of this prohibition deserve consideration when it comes to marijuana dispensaries. Former inmates need to be given a chance to improve their lives just like anyone else.

However, St. Lawrence County legislators made some valid points in their resolution. To exclude law-abiding citizens in granting the first CAURD licenses is a slap in the face to Americans who follow the rules and want to launch businesses.

We agree with state officials that drug enforcement has hurt black communities over the years. It’s true that both black and white people use drugs at roughly the same percentage but that black people are arrested for this more often.

But many people ignore statistics from the federal government showing that black people commit violent crimes at a much higher rate per capita than do white people. And much of this violence is intertwined with the drug trade. The arrest rate for black people for violent crimes aligns with their reported involvement in violent crimes.

This is not to suggest there have been no abuses of the War on Drugs against black Americans — of course there have been. However, focusing primarily on this issue is shortsighted.

Much of the drug use in black communities is likely connected to the violence that plagues those living in these areas, which raises the importance of pursuing drug crimes as a way to reduce violence. And a poll conducted last year by the Pew Research Center indicates that black Americans rank violence/crime as a more pressing concern than racism/diversity/culture. In addition, most black people want the same or a higher level of police protection in their communities.

Revising marijuana laws was a wise decision by state lawmakers. But severely limiting the access of north country residents to resources to launch a successful marijuana dispensary business is unacceptable. Albany needs to improve this plan and treat everyone throughout this state more fairly.