The Chronic Growing Problem: Environmental and Social Justice Concerns with Indoor Cannabis Grows

Introduction

The rapid legalization of recreational marijuana across states has created environmental and social justice issues, particularly with indoor cultivation. Despite its federal illegality, twenty-four states and various territories have legalized marijuana, igniting a surge in indoor cultivation that bears significant environmental and social consequences. Indoor cultivation facilities require massive energy inputs, resulting in grid strain, pollution, and an increase in greenhouse gas emissions. Moreover, the placement of these facilities often occurs in historically marginalized low-income communities, furthering environmental injustice and social harms, as these areas are disproportionately affected by the pollutants emitted from the cultivation processes, such as molds, bacteria, and chemical hazards from pesticides and fossil fuel-based energy sources.

This Article delves into the intersection of environmental and social justice and the cannabis industry, highlighting how current practices exacerbate longstanding inequalities. It reveals that nonwhite ownership in the industry is strikingly low due to, among other things, high capital entry barriers and licensing challenges. This Article argues for a reevaluation of state policies regarding the siting of cultivation facilities, suggesting a two-pronged approach to mitigate injustice: enhanced environmental reviews that prohibit unbridled siting of these facilities in marginalized communities as well as mandatory community benefit agreements for commercial growers. Such measures aim to offer environmental relief, community involvement, and economic opportunities to the affected populations. By addressing these disparities, states can promote a more equitable cannabis industry that is mindful of its environmental footprint and its social impact.


* 2023 A.L. O’Quinn Chair in Environmental Studies, Professor of Law & Co-Director of Environment, Energy & Natural Resources Center, University of Houston Law Center. Thank you to the Vermont Law & Graduate School (VLGS) for honoring me with the 2023 Distinguished Scholar Award that provided a wonderful opportunity to receive invaluable feedback from the faculty and students at VLGS. Thank you to the Elizabeth D. Rockwell Center on Ethics and Leadership at the Hobby School of Public Affairs for its 2022 fellowship award which allowed me the time and space to write this piece. A special thank you to my research assistant, Frank Chambers, for your invaluable input and research and thank you to Katy Stein, Head of Research of the University of Houston Law Library, for your steadfast help on this project.