Abstract

Excerpted From: Jasmine L. Tyler, Toward An Equitable Legal Marijuana Market In Maryland: Assessing Development Strategies, 54 U. Balt. L. Rev. 407 (Winter 2025) (210 Footnotes) (Full Document)

The legal cannabis market in Maryland is evolving rapidly, presenting opportunities and challenges for businesses, communities, and policymakers. As the industry expands, concerns about equity and inclusivity have come to the forefront. While the legal cannabis market holds the potential to deliver significant economic benefits to marginalized communities, ensuring equitable access and participation remains a complex issue. This Article explores initiatives to create a fair and inclusive cannabis market in Maryland, focusing on the barriers and opportunities that shape this industry.

Equity and inclusivity are paramount considerations in developing a legal cannabis market, extending beyond mere economic opportunity. Historically, marginalized communities--particularly those disproportionately impacted by cannabis prohibition--faced systemic barriers to participation in the legal cannabis industry. Policymakers and stakeholders can address these historic inequities by prioritizing implementation of policies with specific provisions that foster a more just and equitable society. An inclusive cannabis market promotes economic empowerment for marginalized groups and encourages diversity in ownership, employment, and investment--leading to a more resilient and sustainable industry. Furthermore, these priorities ensure that the benefits of cannabis legalization are distributed equitably among all segments of society and contribute to broader social and economic development. Equity and inclusivity are moral imperatives and essential elements for building a thriving and socially responsible legal cannabis market.

This Article examines how Maryland can foster a more equitable cannabis market. It focuses on critical factors such as access to licenses, the participation of marginalized communities, and the effectiveness of social equity programs. By analyzing these aspects, this Article seeks to provide actionable insights for policymakers, industry stakeholders, and advocates striving to build a more just and balanced cannabis landscape. Additionally, it will propose innovative solutions and critically evaluate existing models, contributing to ongoing discussions on creating a sustainable and equitable legal cannabis market.

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The establishment of equity within the legal marijuana market is not merely a matter of fair business practices; it is a crucial step towards rectifying the historical injustices wrought by the long-standing war on drugs. These injustices disproportionately affected structurally-disadvantaged and marginalized communities, leaving deep socio-economic scars. By prioritizing equity, states like Maryland can ensure that the economic benefits of the legal cannabis market are distributed more broadly and justly and serve as an example to other states. This includes providing opportunities for those historically excluded or negatively impacted by past cannabis policies. Ensuring equity in this growing industry helps foster a diverse marketplace that reflects the community it serves, encouraging innovation and community development while promoting social healing.

As Maryland continues to refine its approach to cannabis legalization, policymakers, industry leaders, and community advocates must maintain a steadfast focus on equity. This involves creating and expanding programs that facilitate marginalized groups’ access to the industry and implementing robust measures to ensure these programs are effective and accountable. Stakeholders must commit to ongoing monitoring and adaptation of policies to respond to the industry’s evolving needs and the communities’ feedback. The goal should be a truly inclusive market that offers equal opportunities for all citizens and leverages cannabis legalization as a tool for community and economic development.

By addressing these issues, Maryland can move closer to creating a truly equitable cannabis market that not only acknowledges past injustices but actively works to rectify them, providing meaningful opportunities for economic empowerment and community development for those who have been historically marginalized.

Jasmine L. Tyler is a nationally recognized justice policy leader, educator, and strategist with more than two decades of experience advancing criminal legal reform across civil rights, immigration, national security, drug policy and harm reduction, and global and public health.