Black Canadians Want to Benefit from Legalization of Marijuana

By Neil Armstrong

Photo contributed    Tyler James, director of Ontario Cannabis Consumer & Retail Alliance (OCCRA) and community outreach coordinator for Campaign for Cannabis Amnesty.

With just six days to go until the use of cannabis is legalized in Canada on October 17, some African Canadians have varied opinions about what it means for the Black community.

On October 4, the New Democratic Party of Canada (NDP) justice critic, Murray Rankin, tabled a groundbreaking bill that would immediately expunge simple possession records for all Canadians.

The party says too many people with criminal records for simple possession still face real hardships that affect their job opportunities, their ability to travel, and as a result, their livelihood. 

“Too many good people face unnecessary barriers and hardships for simple possession of cannabis, from difficulty finding a job, renting an apartment, to not being allowed to volunteer on a child’s soccer team,” said NDP Leader Jagmeet Singh.

“These barriers are felt even more by marginalized communities, including Black Canadians and Indigenous Peoples, who are 3 to 9 times more likely to be arrested for pot possession. All this while many other members of society are less likely to even get charged, and are far more likely to be able to make those charges go away,” he said.

Tyler James, director of Ontario Cannabis Consumer & Retail Alliance (OCCRA), says he has heard a “mixed bag of sentiments and emotions” from Black Canadians.

“Some individuals are very elated by it because they’re looking at opportunities that they can participate, both on the retail side and then also the cultivation side. They’re very adamant about their participation and how they want to be involved and included.”

James says others are more concerned around “the piece of how or if we will even be included in the first place, so the piece around amnesty and those that they know or if they've personally been affected has really been kind of a driving force around what they want to address prior to legalization.”

Many felt that before legalization they could have had decriminalization, says James, “cause as it stands there is still currently people being charged with possession offences.”

He said people of colour and Indigenous Peoples are disproportionately affected by the criminalization of the use of cannabis.

People were concerned if there would be the allowance for participation in retail or cultivation as background checks are required.

They wonder if their previous encounter with police or conviction would preclude someone from participation either on the cultivation side through a “licensed producer (LP) or if they were to start up their own LP or if they wanted to start up their own micro, in addition to that on the retail side if it would also preclude them as well.”

In the lead up to the vote on the Cannabis Act in the senate, independent Senator Wanda Bernard –  one of two black senators then -- held a public discussion on legalization at Dalhousie University in Halifax, Nova Scotia in March to hear from the Black community which she described as being silent on the issue.

Commenting on the perceived silence of the community, James attributed this to “the stigmatization that comes with cannabis itself, and unfortunately with the war on drugs and with [Stephen] Harper’s tough on crime bill it increased the cost for pardons and it increased the penalty for possession offences.”

He said although there isn’t any more disproportionate use, “unfortunately in the news in the media it’s disproportionately shown that black individuals consume cannabis or it’s shown as if we disproportionately consume cannabis more than any others.”

He attributes the silence to “that trepidation from individuals in our community to step out because we’ve been stigmatized for consumption of it for so long.”

James also said the public consumption or public support of cannabis is frowned upon especially “within our own communities.”

As of October 17, the Ontario Cannabis Store website will be the only legal option for purchasing recreational cannabis in the province. It will follow strict rules set by the federal government.

The Ontario government has also introduced legislation that, if passed, would help the province move forward with a tightly regulated private retail model for cannabis that would launch by April 1, 2019.

The legislation would establish the Alcohol and Gaming Commission of Ontario (AGCO) as the provincial regulator authorized to grant store licences. The Ontario Cannabis Store would be the exclusive wholesaler to these stores. Private stores would be introduced with strict controls to safeguard children and youth and combat the illegal market.

James says this is what OCCRA has been advocating for because it is creating an allowance for individuals who have been advocates to transition into a legal market.

He also welcomes the inclusion of lounges into the cannabis framework as well.

James says amnesty and the inclusive nature of the Ontario government’s approach allows for fair market competition and the market itself will become more fragmented before it won’t be just large “companies and LPs being able to just buy up a whole segment of the market. It will allow for more diversity in retailers.”

He said this would also allow for in the future more diversity of cannabis lounges as well so “the tourist piece is going to be a next big step along with the ability to retail and have micro icensing.”

Micro licensing will allow for individuals who want to become edible manufacturers and processors or individuals who want to have their own kind of craft cannabis brand to be included in the market. 

He said those with cannabis convictions are not necessarily excluded and can participate.

Akhaji Zakiya, a community advocate, feels that the Black community has borne the burden of this burgeoning industry “without any indication that we’ll get to enjoy the rewards.”

She says the community is overrepresented in the criminalization and completely underrepresented in benefiting from any investments or returns from this industry.
Zakiya is aware of a few retailers who have shut down in anticipation of the change in legislation.

There are three things that she would like to see regarding the community: for people to not be incarcerated, being able to participate in the enterprise, and the third is a quality issue “whether it’s fentanyl or other substances, I’m really concerned that people can enjoy the benefits of this product,…I’m concerned about the quality of these products that are increasingly being mass produced -- just so people can be healthy in their consumption.”

Photo contributed     Michael St. George, reggae and spoken word artist

Meanwhile, Michael St. George, a reggae and spoken word artist, says he has mixed feelings about the legalization of recreational use of marijuana.

“I think the abuse of anything is not good and I tend to see some of that. I think part of it is education and culture. It’s a different culture from how we drew up using marijuana, and particularly because on one level I’m concerned about the younger generation not really knowing real marijuana and the overuse of anything synthetic.”

From an Afrocentric cultural perspective and from a Rastafari perspective, he says: “Knowing that we have been at the forefront of leading this charge for a long time and being victimized by its use by a system of governance around the world, it is sad to see that this is happening and people are still suffering from incarceration and being victimized by its use.”

He said farmers who have seen this as a produce for a long time have not benefitted from it, noting that it is very expensive to get a license in Jamaica.

“I think that there should be concessions made for Rastas to have an integral part in this to profit and to be involved from profiting from this.”

St. George said if there is a culture that will hold this product in high regard it is Rasta.

The federal NDP says so far, the Liberals have put forward no plan to help Canadians convicted of something which will no longer be a crime after October 17. 

“No one should continue to suffer the negative impacts of outdated legislation. Under current rules, Canadians must wait 5 to 10 years and must pay over $600 just to apply for a pardon which does not make their record disappear. Convictions for trafficking and other drug-related crimes that remain illegal will not be affected by Rankin’s Bill.”

“Simply put, Canadians shouldn’t be punished for what will soon be a completely legal activity,” said Rankin. “I hope to see the Liberals support this common-sense legislation.”

[This story was published in the North American Weekly Gleaner, Oct. 11-17, 2018.]