The legalisation of Cannabis and the question of reparations

Koram, Kojo (2022) The legalisation of Cannabis and the question of reparations. Journal of International Economic Law 25 (2), pp. 294-311. ISSN 1369-3034.

Abstract

The dramatic sea-change in the legal status of both the domestic and transnational cannabis trade provokes the question of what accompanying vision of transitional justice might underpin this shift? As the changing status of prohibited drugs not only seeks to correct a historical wrong but also gives rise to a new, highly profitable commodities market, I will analyse whether the policies that are currently being implemented alongside cannabis legalisation are sufficient to appease a demand for reparations for the material harm endured by individuals and communities through the past century of an international, futile ‘War on Drugs’. Proceeding from a brief review of the ways in which the ‘War on Drugs’ was both historically and structurally weighted towards the reinforcement of racial hierarchies, I will look at how International and domestic legal initiatives may serve as either a tool of facilitation or obstruction to advancement of reparative racial justice alongside the legalisation of cannabis.

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