The Corner

Law & the Courts

Maryland Institutes Affirmative Action for Pot Growers

Maryland’s medical marijuana commission will be required by statute to “seek to achieve racial, ethnic, and geographic diversity when licensing medical marijuana growers,” to encourage “applicants who qualify as a minority business enterprise,” and to “seek to achieve racial, ethnic, and geographic diversity when licensing dispensaries.”

Now, the usual justification for race-based decision-making is remedying past discrimination in a particular industry or agency, but it’s hard to see how that would apply here, since the marijuana business — at least, the legal marijuana business — is quite new in Maryland. So it must be that pot grown and dispensed by African Americans is somehow different from that grown and dispensed by white Marylanders. Who knew?

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