By Ollie Garrett, WSLCB Board Member and Paula Sardinas, Chief Advocate WA Build Back Black Alliance
When Washington passed Initiative 502 more than a decade ago, the state made history as one of the first two in the nation to legalize recreational marijuana.
However, while the state was on the front lines of the legalization effort, Washington did not address the issue of equity when crafting the legislation.
Now, as profits from the sale of cannabis have topped a billion dollars annually in the state, 95 percent of cannabis retailers in Washington are white-owned businesses. Washington’s cannabis industry was crafted as a pay-to-play system, which severely disadvantaged the BIPOC community.
The Washington State legislature must pass ESSB 5080 this session, as championed by equity advocates and the BIPOC community.
Over the past three years, the WSLCB has done work to reform the cannabis industry by improving transparency and equity. This most recent effort has been led by WSLCB Board Member Ollie Garrett, BEIC, Rep. Debra Entenman, Rep. Kristine Reeves, the WBBA, and Senator Rebecca Saldana, ultimately leading to the creation of ESSB 5080.
“The WSLCB has heard from community members about the need for more restorative justice and equity,” said WSLCB Board Member Ollie Garrett. “Doling out 45 licenses does not create equity. We need mobility and additional licensing opportunities for underserved communities harmed by the WOD.”
This bill will create a new grant program to provide funding for social-equity applicants. It will also continue to fund a technical assistance program to provide help for those navigating the regulatory process.
The work to create more opportunities for BIPOC communities in the cannabis industry began in earnest in 2020. This effort has produced progress. For example, 45 cannabis licenses that had gone unused because they were revoked, forfeited, canceled, or never issued, were made available to those who meet specific social equity criteria.
In fact, applicants who have served time for a cannabis offense will be granted higher priority for these licenses, in addition to applicants who make less than Washington’s median income and live in areas with high rates of poverty, unemployment, and drug convictions.
Race doesn’t factor into the decision-making process because that violates federal law. However, the criteria were developed to help those punished by the war on drugs.
This initial step, while a start, didn’t go far enough. Through Saldana’s bill, an additional 52 retail store licenses, up to 100 cannabis processor licenses, and up to 10 cannabis producer licenses will be created to grow and sell cannabis and will be distributed using the social equity framework. Additionally, these licenses are mobile and can be used in any city or county that allows the sale of cannabis.
“Imagine seeing a cannabis dispensary or retail store in your community – knowing your family member served time in prison for something that is now legal, but you can’t even own a store or obtain a producer/processor license,” said Paula Sardinas, Chief Advocated of the WBBA. “This happens every day in our community.”
There are those who will argue that the state will be unable to support the additional licenses and that the industry can only grow within the state’s borders, which creates the potential for oversaturation.
This simply isn’t the case, and this argument dismisses the desperate need for equity in the industry. When Washington rolled out its cannabis program, it was a missed opportunity. Instead of creating equity, the BIPOC community was left out. The proof is in the numbers, with just three percent of cannabis retailers operating as Black-owned and four percent considered Hispanic-owned.
The inequity is obvious. The war on drugs disproportionately impacted the BIPOC community. Similarly, the cannabis industry in Washington has left the BIPOC community on the outside looking in.
It is time for that to change. Equity cannot wait.
ESSB 5080 creates opportunity. It fosters the continuation of a systemic change that must continue. This bill shows that Washington is serious about creating opportunities for the BIPOC community in the cannabis industry, it is yet another step in righting a wrong that began when the state first legalized cannabis back in 2012.
