Hispanic caucus: Criminalization of cannabis rooted in bias

The National Hispanic Caucus of State Legislators is the first major Latinx group in the nation to adopt a resolution calling for the “decriminalization, commercialization and taxation of cannabis.”

And there’s a big reason why the NHCSL speaks of “cannabis,” not “marijuana.” The resolution details how racism and prejudice influenced cannabis laws in the United States — including calling the plant “marijuana.”

According to the resolution, “the racist politicians who first criminalized cannabis used the term ‘marijuana’ (sometimes spelled ‘marihuana’) to refer to it, precisely because they wanted to underscore that it was a Latino, particularly Mexican ‘vice,’ and that word, with all its implications, has become the most common name for cannabis in the United States today.”

Prior to the law in 1937, the word “marijuana was sparsely used by English language speakers in the United States and was not included in U.S. English dictionaries,” the resolution states.

During the 1920s and 1930s, cannabis use was portrayed as a cultural vice of Mexican immigrants to the United States and politicians used cannabis prohibitions to target and incarcerate Mexican Americans, the resolution says.

The resolution also mentions the first commissioner of the Treasury Department’s Federal Bureau of Narcotics, who in testimony in support of federal restrictions on marijuana, referred to Mexicans and Spanish-speaking persons, marijuana, and “loco weed.” The testimony led to enactment of the Marihuana Tax Act.

The word “marijuana” “became commonly included after passage of that act, showing how its enactment entrenched bias and discrimination into the language,” the NHCSL says.

The U.S. Supreme Court ruled the law unconstitutional, leading Congress to repeal it and in 1970 pass the Controlled Substances Act, which classified pot as a Schedule 1 drug. That law, according to the NHCSL, inherited “the same intrinsically racist, xenophobic and anti-Hispanic bias of the original.”

“Marijuana policy in this country has disproportionately targeted Latinos from the start,” said NHCSL president and Pennsylvania State Rep. Ángel Cruz.

‘Sound public policy based on science’

“NHCSL believes that our laws should focus on ending the current lawlessness of the black market and allow sound public policy based on scientific evidence to prevail on the issue of cannabis,” Cruz added.

The NHCSL said legalizing pot would enable more to experience its medicinal benefits, increase tax revenues for health and education, lower crime, and reduce disproportionate incarceration of minorities.

Colorado State Rep. Dan Pabón, a sponsor of the resolution, said, “I am proud to stand with my fellow Latino legislators in taking a strong position in favor of common sense cannabis policy.”

Colorado legalized recreational marijuana in 2012 and in a single year generated $76 million in tax revenue, licenses and fees for the state.

“We have successfully legalized cannabis and we have been able to reduce crime by 10.1 percent, increase revenues by more than $300 million that we dedicated to our schools and have a new thriving industry that creates jobs,” said Pabón. “Smart decriminalization and tough regulations also allow our youth to thrive instead of subjecting many of them to unfair and discriminatory treatment by law enforcement. This is a civil rights issue and we urge our fellow lawmakers to view it as such and act accordingly.”

Countering Trump’s anti-LGBT actions

The organization also adopted a resolution calling for stronger protections for LGBTQ people following threats from the Trump administration, including the president’s vow to ban transgender people from serving in the Armed Forces.

“Banning LGTBQ discrimination in the workplace is another civil rights issue and we are making it a priority for our organization,” Cruz said. “We are proud to stand with the LGTBQ community and will fight any form of bigotry because an attack against one community is an attack against all of us, and we will not stand for the mistreatment of our gay and lesbian hermanos.”