On May 25, a Baltimore judge put a temporary halt to progress in Maryland's medical marijuana industry. One company asserts the commission illegally disregarded racial diversity when distributing licenses.
When medical marijuana became legal in Maryland, many residents and lawmakers considered it a win; sick and ailing citizens would finally have access to medicine that works for them; growers and distributers saw the potential to realize their greenest dream of claiming their stake in the
multi-million dollar marijuana industry. But one company alleges that the Maryland Medical Marijuana Commission illegally ignored the component of racial diversity when distributing the licenses to grow.
On May 15, Alternative Medicine Maryland
filed an emergency motion, asking a Baltimore judge to essentially stop the progress of the Maryland's medical marijuana industry. Alternative Medicine Maryland claims that the Maryland Medical Marijuana Commission did not actively consider racial diversity when distributing the 15 licenses to grow in the state.
Out of the 15 companies that won the Maryland Medical Marijuana Commission's approval, none are African-American owned. Alternative Medicine Maryland, owned by an African American from New York, seeks to overturn the already-granted licenses, requiring the entire application process to start anew.
On May 25, Baltimore judge Barry Williams upheld their motion and put a temporary hold on the Maryland Medical Marijuana Commission; now, the commission can not grant any more licenses for 10 days. Of the 15 approved applicants, only one company,
Forwardgro, received its final cultivation license in May. They have already begun growing, and luckily judge Williams will allow them to continue growing throughout the 10-day licensing ban.
[caption id="attachment_1803" align="aligncenter" width="878"]
A look inside the ForwardGro greenhouse.[/caption]
During court proceedings, the state commission acknowledged that they did not consider race in the double-blind application process.
The commission said they used geographic diversity as a determinant; yet, according to
the law that made medical marijuana legal in the state, the commission was required to "actively seek" racial diversity in the selection process:
(9) (i) The Commission shall: 1. Actively seek to achieve racial, ethnic, and geographic diversity when licensing medical cannabis growers; and
2. Encourage applicants who qualify as a minority business enterprise, as defined in § 14-301 of the State Finance and Procurement Article."
One third of Maryland's population is African American. If we assume that the applicants for licenses represent the racial demographics of the state, and that the commission wants growers to equitably represent the demographics of the state, then that would mean that approximately one-eighth African American applicants should be accepted (within a 95 percent confidence interval).
But none were.
This obvious contradiction of the law is a solid ground for Alternative Medicine Maryland's lawsuit; but, their success means a complete re-start of the process that has taken over four years already. That means that people's access to medicine is on the line.
Even though the well-being of patients is at risk, millions of dollars are also at stake. The licenses alone are estimated to be worth millions, and some proponents of Maryland medical marijuana suggest that this is the true motivation of Alternative Medicine Maryland.
Greed, or a legitimate call for equity?
The chairman of the Maryland Wholesale Medical Cannabis Association, Jake Van Wingerden, described the suit as "a frivolous legal filing by an out-of-state company." He said the suit "threatens to delay Maryland's medical cannabis program even further." Van Wingerden went on to say that Alternative Medicine Maryland "was unsuccessful in its home state of New York, did not even finish in the top 20 in Maryland's double-blind application process, and is now seeking to disrupt Maryland's medical cannabis program to satisfy its own greed."
Whether or not greed is the motivation remains to be seen, but the progress of the industry is very much at-risk. Even though the company that filed the suit is not even from Maryland, the Maryland Medical Marijuana Commission's push for diversity in the industry has a legitimate purpose.
The Importance of Racial Diversity in the Maryland Medical Marijuana Industry
According to 2010 data Maryland had the fourth highest arrest rate for marijuana possession in the country. This was, of course, before the decriminalization and legalization of medicinal marijuana in Maryland.
The 2010 data showed African Americans and white Americans using marijuana at around the same rates, 14 percent and 12 percent respectively; yet, nearly 60 percent of marijuana possession arrests were of African Americans.
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The ACLU's 2010 findings clarify the disparity.[/caption]
The ACLU's 2010 findings are quite shocking. After the 2013 decriminalization of marijuana,
the State of Maryland still reported over 14,000 arrests for marijuana possession in 2015, a 10,000 decrease from 2010 numbers. The state does not report what percentage of these arrests are of African Americans.
The same people excluded from the process of legitimizing and legalizing marijuana are also the people most criminalized for marijuana possession.
Of course, the legalization of medical marijuana does not allow recreational use of the drug; but, African Americans are still disproportionately criminalized for marijuana possession, costing the state millions of dollars each year. While African Americans are arrested for possessing marijuana, 15 companies run by white Americans will rake in millions of dollars -- all for the manufacture and distribution of the same drug.
This disparity is clear. It is the disparity that necessitates the inclusion of (9)
i cited above, and the disparity that provides essential context for Alternative Medicine Maryland's lawsuit. But, 6,500 individuals have already registered to receive medical marijuana prescriptions. That means 6,500 individuals have been waiting more than four years for their medicine, and this lawsuit means they could have to wait even longer.
What do you think about the lawsuit? Should the licensing process begin all over again, or should The Maryland Marijuana Commission just distribute more licenses?
