Why understanding Black history is essential to understanding past and present cannabis policy

Throughout U.S. history, cannabis policy has been shaped not only by public health concerns, but by race, power, and social control. Understanding the intersection of Black history and cannabis prohibition is essential to understanding how cannabis policy has evolved — and who has been most impacted.

Cannabis was widely used in the United States in the 19th and early 20th centuries, appearing in medicines, tinctures, and everyday products. Its criminalization did not begin as a response to scientific evidence, but rather during periods of social anxiety and racial tension. As Black Americans migrated to northern and western cities during the Great Migration, cannabis use was increasingly associated — often inaccurately and sensationally — with Black communities.

In the 1910s through the 1930s, newspapers and public officials promoted fear-based narratives claiming cannabis caused violence, criminality, and moral decay. These claims frequently relied on racist stereotypes and were used to justify aggressive policing. 

Federal prohibition followed in 1937 with the Marihuana Tax Act, despite opposition from medical professionals who questioned both its necessity and its factual basis.

The consequences of prohibition were not evenly distributed. Throughout the 20th century and up to the present day, Black Americans have been arrested, prosecuted, and incarcerated for cannabis-related offenses at far higher rates than white Americans — even though usage rates have been similar. These disparities contributed to long-term social and economic harms, including disrupted families, limited employment opportunities, and reduced access to housing and education.

When the Nixon Administration pushed through the Controlled Substances Act in 1970, these patterns only intensified. Cannabis enforcement became a key driver of mass incarceration, disproportionately affecting Black communities and reinforcing systemic inequities within the criminal justice system.

Today, as many states move toward legalization and regulation, the historical context matters.

The legal cannabis industry has emerged in places where enforcement once devastated communities, yet the benefits of legalization have not always flowed to those most harmed by prohibition. Currently, it is estimated that less than 2% of legal cannabis businesses are Black-owned. This has prompted renewed discussion around fairness, access, and the lasting legacy of past policies.

Black History Month offers an opportunity to reflect on how laws are shaped — and how they shape lives. Cannabis policy is not just about a plant, but about whose voices were heard, whose were ignored, and how history continues to inform present-day outcomes.

MPP will continue to honor the innumerable contributions of Black leaders and entrepreneurs as we advocate for a legal cannabis reality where no one is left out or left behind.