Editor’s note: This commentary was submitted by Mark Hughes, of Burlington, executive director of Justice For All and coordinator of the Vermont Racial Justice Alliance on behalf of a coalition including NOFA-VT, Rural Vermont, Vermont Growers Association and Trace.
It’s always good to see what the out-of-state industry lobbyists are saying to our elected officials. It is unfortunate that the Marijuana Policy Project (MPP) — the “ALEC” (American Legislative Exchange Council) of cannabis lobby groups — and their hired guns on the ground have such overwhelming influence on our Legislature. Fortunately, enough of our lawmakers were not fooled that there is potential to defeat an override of any governor veto. Now is the time to provide Black folks and small farmers real, substantial and immediate access to this market. Lobbyists in D.C. (and their folks on the ground here) don’t understand the struggle of Black Vermonters and those here harmed by cannabis criminalization.
Calls for the rejection of S.54 in Vermont have the support of local BIPOC policymakers, activists, and agricultural organizations, and hundreds of other organizations and people here in Vermont. MPP doesn’t even care that we want what they want — the legalization of cannabis — we just want it to be fair, just, and equitable. The only thing that they want is “done” and “now” — this is the language of urgency they have used for years. Through all of the statistics that they have gathered they still can’t see (or don’t want you to see) see that without land and capital Black folks lose in this industry.
They want you to believe that a little prioritization in licensing and promises of future help are going to make everything alright for Black folks and people who have been harmed by cannabis prohibition in Vermont. They’d have you believe that a weak expungement bill that has been hurried across the line — which only forgives very low level possession and cultivation despite the condoning of large scale possession, cultivation, and profit-making in the medical and future recreational space — is the reparative answer for those who have been harmed by cannabis criminalization in Vermont. They ask you to accept a future proposed study addressing racial equity once a bill has already passed and a market has already opened as opposed to a study of this nature, and the inclusion of these communities, being foundational to the drafting of this legislation itself. This exposes the true purpose of the bill – to allow McCannabis to control the market and profit first.
Contrary to what Steve Hawkins, an out-of-state lobbyist says in his commentary (which was also sent to all of our legislators and likely our governor), S.54 does not completely eliminate barriers for folks with prior non-violent drug convictions to participate in this industry — in fact, it leaves the determination to an unelected Cannabis Control Board stating that these offenses simply won’t “disqualify” a candidate. Further, S.54 promises to continue the criminalization of this plant and people growing it, proposing significant prison sentences and fines for anybody knowingly selling or dispensing amounts of cannabis greater than one ounce without a license. Tax and regulate legislation supported by MPP in other states — similar to S.54 — has so far only furthered societal inequities in the legal cannabis space.
Hawkins applauds the “small grower licenses” in the bill as a means of lowering barriers to entry for BIPOC communities and others. However, this extremely limited and ambiguous provision is couched within a bill which directly divests the agricultural community and those who would like the opportunity to participate in it from on-farm cannabis cultivation and sale by declaring that cultivation is not considered “farming” and cannabis is not an agricultural product. This creates a cascade of barriers to economic tools that can otherwise assist growers with land access, technical assistance, grants, and more. S.54 also provides no opportunity for direct sales, which small farms and the craft agricultural industry rely upon to survive.
There is little to no evidence of MPP or the Legislature consulting with farmers or existing cannabis cultivators in Vermont when considering the policy in S.54. This legislation never reached either the House or Senate Agriculture committees. Numerous Vermont-based agricultural organizations and farms have been actively working against this bill for the simple fact that it does not include the voice of our agricultural community and actively creates barriers to participation. There is a reason for this. It’s because MPP and their funders are the ones who benefit most from this bill passing now. The sooner the better. It is unfortunate that they are willing to do this despite the resulting economic oppression of Black folks and small farmers in Vermont. It is understandable because it is as old as the day is long.
This is about political and economic power. Black activists, small growers, people who have been harmed by the criminalization of cannabis, and others are asking the governor to stop S.54 to enable them to provide the input required to address these shortcomings in time for a January session. It is unfortunate that industry lobbyists like MPP couldn’t partner with disproportionately impacted Vermonters to ensure everyone wins.
Either way, we’ll be here. We’ll fight on. We live here.
