Eleven Insights.

1.     Recognize the Racism

 One of the most consistent findings in the literature over decades is that criminalizing cannabis adversely affects people of color, their families, and their communities. Well-meaning efforts to de-emphasize drug enforcement tend to benefit only those with less pigment in their skin. Fully legalizing the sale and use of regulated cannabis, is the best, if still imperfect approach to work toward race-neutral policing.   

2.     Adopt a Duty of Care

Cannabis researchers in this area owe a duty of care to ensure their research does not further the racist policies of the past. We define the duty of care in cannabis research as requiring researchers to define research terms in meaningful and consistent ways, adopt research designs appropriate to the area of study, and, most importantly, present research limitations clearly and honestly.

3.      Seek Insights from People Who Use Drugs and Other Insiders

Drug policy has historically been developed without seeking out or incorporating the experiences of people who use drugs. This must change. Policy must be based on the views of those who have lived and learned from their experiences in the drug culture. People with a history of drug use tend to understand local dynamics within illicit markets. Their insights must be carefully considered as part of any responsible effort to reform drug policies and is more likely to undermine illicit markets.

4.     Allow Limited Home-Growing and Pilot Cannabis Lounges

Citizens should be allowed to grow cannabis at home legally. Trying to control non-commercial home growing is foolish and impossible to enforce.  Public consumption, and nuisance crimes related to smoke and odor will likely be lessened if cannabis lounges and/or cafes are piloted and studied.

5.     Engage Police and Define Diversion 

The development of police-led diversion programs offers a means to blunt the tip of the spear of cannabis enforcement. Police contact for cannabis possession perpetuates systematic racism, stokes stigma, and wastes limited public safety resources. However, diversion programs that compel treatment by the threat of criminal prosecution for non-participation are unethical and criminologically intrusive. Diversion programs should be reviewed to ensure they are voluntary, evidence-based, and non-coercive.

6.     Avoid Local Bans

Local bans on cannabis dispensaries or retail outlets result in adverse unintended consequences. First, closing dispensaries that are currently operating will be costly, and require consistent and repeated law enforcement interventions. Closing dispensaries increase neighborhood crime in some cases. Illicit markets will flourish in these areas and cannabis will continue to be sold alongside other more dangerous drugs.

7.      Prevent Over Regulation 

After a century of cannabis prohibition, it is no surprise that early legalization efforts are likely to be slow and attempt to build public support by overcompensating through regulation. Evidence to date suggests this approach, while politically palatable, is likely to lead to less accessible, lower potency products available at higher prices. Existing users are unlikely to experiment with legal cannabis under those circumstances and will rely on illicit markets. This results in less tax revenue and requires increased resources to fund enforcement.

8.     Cannabis is not Alcohol (or Cigarettes) 

Despite significant differences between cannabis, alcohol, and tobacco, policymakers often try to superimpose policies from existing approaches to managing alcohol and tobacco to control and regulate cannabis. Differences between and among these substances must be considered. Regulation requires appreciating how the insights of people who use cannabis. This includes understanding how various substances used to achieve mild inebriation vary by frequency, use patterns, and adverse outcomes.

9.     Discourage Corporate Capture  

Cannabis and cannabis culture is likely to be of interest to businesses, large and small alike. Allowing large corporations to dominate cannabis markets will complicate efforts to confront illicit markets and may lead to a backlash related to environmental, labor, and social justice concerns. Protecting craft growers, local markets, and those disproportionately impacted by cannabis prohibition is more likely to produce cannabis markets that are equitable and that better cater to cannabis users.

10.  Rethink Marketing 

Various jurisdictions embrace regulations on advertising for alcohol, tobacco, and cannabis. Currently, all constrain marketing and advertising for cannabis products. This may be misguided. Existing users with a consistent and high-quality supply of cannabis are unlikely to participate in legal markets. That means for the legal market to thrive, it must appeal to new customers from the illicit market. Rethinking marketing rules opens the door to cannabis advertising that combines public health messaging with information about new products, strains, or responsible use. Allowing advertising or marketing, even on a short term basis, when part of a social equity cannabis policy may support small, local, and craft cannabis growers.

11.  One Size Does Not Fit All

Legalization is the best way to minimize the harms associated with criminalization, ensure safe access, and limit the dangers of illicit markets. However, political realities in different countries, states, and regions may mean that meaningful decriminalization is the most practical immediate step forward. Initial reforms could include increasing possession threshold limits in law, expanding police warnings for non-problem users in policy, and ensuring diversion programs offer resources and community support rather than imposing treatment by threatening criminal records and/or prison.