Legalize for Legal Highs: How Georgia Can Address Racial Disparities in the Criminal Legal System by Legalizing Recreational Cannabis

Authors

Nneka Ewulonu

Document Type

Article

Abstract

Cannabis prohibition is a policy failure that nevertheless continues to impact more than half of Americans, including Georgians. Remaining true to its roots in racism and xenophobia, cannabis criminalization has disparate impacts, with Black Americans being more likely to be arrested or incarcerated for a cannabis related offense. Furthermore, cannabis criminalization results in tens of millions of missed tax dollars for the state. This article argues for a clear policy solution; it is time for Georgia to legalize cannabis. As demonstrated by the 21 states that have legalized recreational cannabis as of Fall 2022, legalizing recreational cannabis creates both economic and social justice benefits to the states. Georgia should legalize recreational cannabis, borrowing from Colorado’s taxation scheme, Alaska’s diversion of cannabis revenue for its recidivism fund, and Illinois’s criminal record expungement plan. Legalization of recreational cannabis is the epitome of a “win-win,” decreasing the overcriminalization of Black and Hispanic Georgians while adding to Georgia’s tax base. Cannabis prohibition is a policy failure that nevertheless continues to impact more than half of Americans, including Georgians. Remaining true to its roots in racism and xenophobia, cannabis criminalization has disparate impacts, with Black Americans being more likely to be arrested or incarcerated for a cannabis related offense. Furthermore, cannabis criminalization results in tens of millions of missed tax dollars for the state. This article argues for a clear policy solution; it is time for Georgia to legalize cannabis. As demonstrated by the 21 states that have legalized recreational cannabis as of Fall 2022, legalizing recreational cannabis creates both economic and social justice benefits to the states. Georgia should legalize recreational cannabis, borrowing from Colorado’s taxation scheme, Alaska’s diversion of cannabis revenue for its recidivism fund, and Illinois’s criminal record expungement plan. Legalization of recreational cannabis is the epitome of a “win-win,” decreasing the overcriminalization of Black and Hispanic Georgians while adding to Georgia’s tax base.

Recommended Citation

Ewulonu, Nneka (2023) "Legalize for Legal Highs: How Georgia Can Address Racial Disparities in the Criminal Legal System by Legalizing Recreational Cannabis," Georgia Criminal Law Review: Vol. 1: No. 2, Article 2.
Available at: https://digitalcommons.law.uga.edu/gclr/vol1/iss2/2