Friday, September 21, 2018
Canada’s budding cannabis industry is poised to create over 150,000 jobs over the next several years. However, the newly legalized industry has found a shortage of skilled workers, leaving companies there scrambling for help, according to a story in Newsweek magazine.
Max Simon, the founder and CEO of Green Flower, told Newsweek that marijuana legalization of marijuana in Canada has ushered in a new industry and with the new industry, jobs. Specifically, legalization has seen a boom in retail and procurement positions such as “retail needs managers, products specialists, purchasing managers, etc.”
But, with the jobs available, Simon continued, “finding skilled people in cannabis is an enormous problem for the industry right now, and it's affecting every sector.”
One of the biggest issues causing the shortage in skilled workers is the lack of knowledge regarding the industry. “Most people don't really know what actually happens in a legal cannabis business because it's all so new,” Simon told Newsweek. Adding an additional wrinkle is the fact that cannabis industry workers must also be knowledgeable about the many regulations that govern the business.
Companies are desperately looking to fill vacancies, but cannot find the right talent. In order to become the type of worker this industry is looking for Simon told Newsweek he recommends people “learn about the plant, the science, the products, the license types, and how people actually use cannabis today,” he said. “It sounds simple, yet most people don't actually have this fundamental knowledge.”
Wednesday, August 29, 2018
A vote to legalize marijuana in New Jersey could be approaching in the upcoming month. New Jersey Senate President, Stephen Sweeney recently expressed confidence that there will be enough votes to pass a recreational bill as early as this Fall. However, the vote may face delay as there have been changes in budget proposals, and currently, a pair of new bills regarding recreational legalization and medical expansion are awaiting finalization.
Governor Phil Murphy has built a reputation as being a champion for legalization in the name of social justice. While Murphy's promise of legalizing recreational marijuana within his first 100 days in office did not come to fruition, he has been able to make strides in expanding the state's medical marijuana program by including more qualifying conditions.
Although Murphy wants the legalization efforts to materialize, budgetary obstacles are proving challenging to get around. Reports stated that Murphy intended to include $60 million in revenue of a state budget proposal for the upcoming fiscal year, with many legalization supporters hoping the revenue would go toward an expungement program. More detail can be found in an article in Rolling Stone:
Advocates want this expungement to be automatic, where the state takes on the process of expunging records rather than the person charged. However Kate Bell, legislative council for the Marijuana Policy Project, says that the phrase “automatic” is very misleading.
“People have this idea that the government can still press a button and magically expunge all these past convictions, but that’s not necessarily correct,” Bell says.
Record expungement is affecting marijuana policies across the nation, as a California expunction bill has just passed the Senate and is awaiting the Governor's signature. On the opposite coast, Senate Bill S-2702 was introduced in early June by NJ Senator Nicholas Scutari and would legalize marijuana for adults 21 and over, and included a provision about expungement; however, expungements would still require an application.
Although there is no concrete time frame for New Jersey to pass legislation, an increase in cannabis-related arrests and racial disparities in said arrests has yielded a newfound urgency for legislative action.
-- Gianna Redeemer
Tuesday, August 28, 2018
Californians who have marijuana convictions on their records may soon be getting some relief. NPR reports that a California bill, AB-1793, has passed the Senate and is expected to be signed into law by Governor Jerry Brown in the coming week.
California legalized recreational use of marijuana in 2016 when voters passed Proposition 64. That proposition applied retroactively to convictions for many marijuana-related offenses that occurred before 2016. But it did not contain provisions to enable those eligible to have such convictions removed from their record or reduced to from felonies to misdemeanors.
AB-1793 would mandate that eligible persons be given the chance to clean up their records. In fact, the Bill requires California State Department of Justice officials to determine which cases are eligible for review and send them to the District Attorneys' office by July 1, 2019.
While the bill has received pushback from those who believe people with marijuana-related convictions should not be given a free pass, the City of San Francisco has already begun the process of expunging or reducing convictions for possession and recreational use going back to 1975. aSince people were unfamiliar with the process, a mere 23 people in the city had started the process themselves. This is not surprising, as the expunction process can be expensive and those who were affected by these convictions likely do not have the resources to pay an attorney.
Brown has a history of pardoning people who were convicted on charges concerning controlled substances and drugs. It is likely difficult for many people with a criminal record to hire an attorney to discuss the mere possibility of expunction for charges filed up to forty years ago. By putting most of the burden on the state, AB-1793 will relieve the stress of those whose past actions would be legal today in California. . "[The] role of government should be to ease burdens and expedite the operation of law," said San Francisco District Attorney George Gascon, "not create unneeded obstacles, barriers and delay."
Monday, August 27, 2018
Medical marijuana is coming to Oklahoma, and the state began accepting and approving patient applications on the 25th. In June, Oklahoma voters approved the legalization of medical marijuana via a statewide ballot measure, and it is clear that decision will have major economic ramifications on the state. ABCnews.com has the story:
More than 1,600 people and businesses applied for Oklahoma medical marijuana licenses on the first day that applications were made available.
The online application system went live at 10 a.m. Saturday at www.OMMA.ok.gov for all potential medical marijuana patients, growers, dispensaries, processors and caregivers. Oklahoma State Department of Health spokesman Tony Sellars said that by Saturday evening, the agency had received 1,054 patient, 634 business and three caregiver applications.
Officials awarded 23 licenses to patients Saturday to test the approval process and will resume approving applications Monday, Sellars said.
Sellars added that the state collected $1.5 million in application fees on Saturday.
For those who have followed the saga of legalization in Colorado this is not a huge surprise. In 2017, total marijuana sales in the state reached $1.5 billion, with roughly $416 million of that total coming from medical-use sales. The state collected $247 million in taxes on marijuana that year. Based on these early numbers from Oklahoma, it seems as though the state can look forward to a similar boom in revenues resulting from the introduction of medical marijuana into their economy.
A pro-marijuana group in Oklahoma called Green The Vote has begun collecting signatures to qualify recreational marijuana legalization for a similar statewide ballot initiative, but as of this writing they did not have enough signatures to do so. Perhaps as the effects of medical marijuana legalization ripple throughout the state, Oklahoma voters will embrace the concept of full legalization.
Thursday, August 23, 2018
The National Cannabis Bar Association's "Cannabis Law Institute" is just two weeks off. The two-day event features more than 70 speakers from the legal, business ,and political worlds, and looks to have some terrific programming. Check out the conference web site for schedules, registration, and other information.
I'll be seeing you there!
August 23, 2018 in Banking, Business, Commercial Law, Decriminalization, Drug Policy, Federal Regulation, Legal Education, Legal Ethics, Medical Marijuana, Politics, Recreational Marijuana, State Regulation | Permalink | Comments (0)
Thursday, November 9, 2017
Lary Nichols is currently a Sergeant of the Dallas Police Department. Nichols, like his father and grandfather before him, was born and has lived his entire life in Dallas, Texas. He attended Lake Highland high school and had a part-time job selling cars at his father’s used car lot.
After high school, he headed to boot camp to join the Marine Corps. Because his goal had always been to become a Dallas police officer, Nichols joined the Marine’s military police to gain the necessary experience. After four years of service, Nichols left the Marines to pursue his dream. But unlike today’s standards—where recruits need to either have earned a minimum of 45 hours of college credit or have 3 years of military experience—DPD strictly required the minimum college credit then. Thus, Nichols took the requisite courses at El Centro, Dallas’s County Community College, before being admitted into Dallas’s police academy in 1992.
Upon graduation, Nichols worked full-time patrolling Southeast Dallas, until he was promoted to Senior Corporal in 1997. There, he worked with Dallas’s K-9 Unit for three years until he returned back to patrol. After four years, Nichols was promoted to Sergeant in 2004. As Sergeant, Nichols was placed in charge of one Dallas SWAT unit and has played a pivotal role in organizing the city’s security measures for large events such as marathons and protests. Currently, DPD is considering promoting Sergeant Nichols again, this time to Lieutenant.
Sergeant Nichols has been married since 1988, and has two children. His son recently graduated from Dallas’s police academy this year, following in his father’s footsteps; his daughter graduated from Texas A&M and is currently attending nursing school in Dallas.
Q: What training regarding marijuana detection and how to handle situations involving marijuana have you experienced?
A: In 1992, when I was in the academy, they had a narcotics officer come in and teach various things about the drugs we should expect to confront on the street. This included street names, what to look for; they also did something called a “controlled burn,” which is where they burned DEA-grade marijuana, so we could recognize the smell and be better equipped to testify about it in court if we made a traffic stop and we smelt marijuana. But I think that practice ended because now everyone knows what it smells like; plus, your trainer will say “Hey, that’s marijuana” while on the street. This was followed by update-training every few years. I’ve had some outside narcotics training, which consisted of either eight or forty-hour courses to improve narcotic detection and intervention. But most of my experience has come from making arrests and testifying in court.
Q: Do you believe that the methods currently used to detect whether someone is high on marijuana are effective?
A: I don’t think enough. Although there’s a lot of training to detect people high on marijuana, there probably isn’t enough to be adequate.
Q: Would you be open to police departments adopting a marijuana breathalyzer that would measure a person’s current level of THC?
A: Yes, I would. I think that would be a great tool. Especially as we move towards more states legalizing marijuana, law enforcement needs an effective method, similar to a BAC breathalyzer, to detect whether someone is operating a vehicle under the influence.
Q: What problems do you personally perceive regarding people using marijuana?
A: I actually think the use of marijuana is less problematic than alcohol. People don’t smoke weed and go beat their wives, but they do that with alcohol. But some problems associated with marijuana are long-term. The health effects are probably worse for you than smoking cigarettes; obviously there are cancer concerns. Also, marijuana tends to dull people’s initiative and motivation. From my high school experience, there were those stoner friends who smoked a lot of weed; they weren’t go-getters. Especially if people smoke too much. Overall, I believe the health effects and dulling of people’s initiative and ambition are the biggest problems. Also, people think they can smoke and then drive, but they can’t. Their reaction times are slow; their judgement is impaired. So that’s another large issue.
Q: Do you believe marijuana is a “gateway drug?”
A: I do; especially for younger people. It’s a way for them to start using illegal drugs. They feel like “Oh, I can smoke marijuana and go to school and then wake up the next day and feel fine? Well, maybe I can do this cocaine and pills too.” Adults though have a little more maturity. Similar to having a drinking age of 21, once people are more mature they realize “Yeah, I can smoke weed, but I’m not going to jump to heroin.” But I do believe it is a gateway drug for the more vulnerable population and younger people to lead them to more addictive drugs.
Q: Do you believe marijuana should be legal in any form? Explain.
A: We spend a lot of resources and a lot of money in the criminal justice system and law enforcement on enforcing marijuana laws. But I think that money could be spent better elsewhere. I think alcohol is more dangerous than marijuana. So personally, I’m not opposed to legalizing it. But the problem I have is kids getting a hold of it. I know that’s a big problem in states that have already done so. Similar to getting older people to buy you beer here. I think marijuana is extremely detrimental to the young population. I’ve seen studies where it affects their mental and physical development. So, if it is legalized, it needs to be strictly controlled. I’m not opposed to it, and I think it will be legalized eventually because it doesn’t make sense all the time, effort, and money being spent putting people in jail. We are slowly reducing the penalties and enforcement of it. We should stop beating around the bush and just legalize, regulate, and tax it. We always talk about personal freedoms, well people should be free to do what they want. You can have an abortion and kill a baby, but you can’t smoke a joint in your own house. I think it’s kind of hypocritical; it’s similar to prohibition in the 1920s, which didn’t work at all.
Q: Do you believe your job would be easier if marijuana was legal for adults 21 and older?
A: There’s a catch 22 about that. Law enforcement would spend less time bringing people to jail for marijuana offenses, but there would be more people under the influence causing problems, so I don’t know if it would make our job that much easier. We would still have people driving impaired and stealing to get more marijuana. Especially initially after legalization, I believe there would be a lot more people using it, because believe it or not, there are people who refrain from smoking because it is illegal.
Q: In a given week, how many of your on-duty calls had some relation to marijuana?
A: I’m not in patrol right now, but back in the 1990s in Southeast Dallas, I would say probably 60-70% of what I did there involved some aspect of marijuana. Whether it was present, they were using it, or they were under the influence. So, it was consistently prevalent throughout my time patrolling.
Q: Do you believe marijuana enforcement has disproportionately impacted African Americans?
A: It probably does in a way, but ultimately, I believe it disproportionately impacts lower socioeconomic groups. Poorer people don’t tend to have private places to smoke, so they drive around or smoke in public place like the streets or in parks. This leaves them more vulnerable to getting caught by us. Whereas, someone with means and wealth will have a house or other place they can smoke where law enforcement won’t be able to catch them. Unfortunately, this is true for law enforcement in a lot of regards, not just marijuana.
Q: Which do you believe is more dangerous: marijuana or alcohol consumption?
A: In my experience, it’s clearly alcohol. If you look at traffic accidents, domestic violence, or other violent crimes, a lot of them involve alcohol abuse. Alcohol, especially in the short term, is worse. I don’t know if we have sufficiently studied the health effects of marijuana for the long term. I’ve heard there are things in marijuana that cause cancer, worse than in cigarettes.
Q: How do you think your job will be affected if marijuana is nationally legalized?
A: I think it will be a mixed bag. There will be some things that will be easier, some harder. Obviously, we will have more people using it, initially at least. But hopefully there will be more people using it responsibly. I think it will be a learning curve; I’m interested to learn from law enforcement in the legalized states on how they are dealing with these issues.
Sunday, October 8, 2017
Atlanta has joined a host of cities and states throughout the country which have drastically reduced the penalties for marijuana possession that the federal government established decades ago. Atlanta's unanimous decision to decriminalize marijuana possession has inspired legalization advocates nationwide due to its breaking away from both the federal government and the state its located in. Carl Willis of WSB-TV reports the impact of Atlanta's new law:
The current law allows for a penalty of up to $1,000 and up to six months in jail for anyone caught in possession of less than 1 ounce of marijuana. The new legislation would lower that to just a $75 ticket and no jail time.
Councilman Kwanza Hall proposed this legislation during his current run for Atlanta's mayor. State Senator Vincent Fort, another candidate for mayor, also supported Hall's decriminalization efforts. They have both stated their motivation behind their efforts involves how the former law unfairly punished African-Americans.
Citing studies that show whites and blacks use marijuana at virtually the same rate, they reveal that 92 percent of Atlanta's arrests for marijuana possession under an ounce are African-American.
Stanley Atkins, an Atlanta citizen, supports the new law because a marijuana arrest as a teenager caused him to lose his employment. Atkins explains how the former law ruined lives:
"I have associates who have completely lost jobs. They've lost careers. I know students that have lost scholarships," Atkins said. "That cancels an internship, which later on cancels a potential job opening."
Opponents of the ordinance fear that removing jail time from marijuana possession offenses will be a disservice to young people because "it could encourage them to take more risks with marijuana, which some consider to be a gateway to harder drugs."
Another worry stems from increased driving fatalities. Police believe this law will "contribute to an increased possibility of folks driving under the influence of marijuana."
While this may be a big step towards Georgia pursuing similar laws statewide, the new city ordinance does not supersede state law. Thus, Georgia could withhold funding or send in state police to compel Atlanta to adhere to its state's law, if it so chooses.
Alternatively, Atlanta's Chief of Police could ignore the ordinance and continue making marijuana possession arrests. However, State Senator Hall believes this is an unlikely outcome due to police desiring stronger community relations. And when a community unanimously passes such legislation, Atlanta's police may find itself reluctant to go against the public's wishes.
Saturday, September 16, 2017
A New York mother possessed amounts of marijuana not even enough to be a misdemeanor. Prosecutors did not pursue charges, but Child Protective Services (“CPS”) decided it was enough to remove her children. Click here to read the full story from 2011.
A Michigan couple was state-licensed to use and grow medical marijuana for epilepsy and multiple sclerosis; however, CPS removed their six-month-old daughter, sending her to live with a grandmother a few hours away. The couple got their daughter back, but only under CPS supervision. Click here to read the full story from 2013.
Much more tragic, is the Texas couple whose toddler was removed from her home when CPS learned that the couple was smoking marijuana at night after their daughter went to bed. In a state-licensed foster home the toddler was beaten to death by her angry foster mother. Click here to read the full story from 2013.
As marijuana laws become more relaxed, the injustices to families at the hand of state agencies are on the rise. If CPS’s policies were updated to be consistent with state law and societal values, these stories likely would not have happened.
The public policy behind custody battles and CPS investigations is the best interest and welfare of the child. Up until recent years, society has generally viewed marijuana use as bad, and our agencies’ policies and state laws have reflected those societal values, as rules and laws should. Now, however, things have changed. Marijuana is decriminalized in over half of the states, and many states are adopting some form of legal marijuana use. Increasingly, marijuana use is no longer associated with danger or even substandard morals. As such, keeping the best interest of children in mind, it is time to rethink our standards as to agency rules and state laws to keep up with changing marijuana laws.
Suggested remedies for the problem include reform to the standard for assessing both recreational and medical marijuana use in the home and including “parent-protective” language in state marijuana laws and policies. (Family Law & Cannabis Alliance). However, these resolutions will take time to evolve. In the meantime, families are being affected in very real ways. If you find yourself in a situation like this, a great resource is the Family Law & Cannabis Alliance website. The website includes cannabis research related to family issues and a page on how to handle CPS.
Friday, September 8, 2017
Manhattan District Attorney Cyrus Vance, Jr., has announced new sentencing guidelines in low-level marijuana possession cases. As reported in an article in PoliticoNewYork, the change will be an encouraging step for supporters of immigrant rights and recreational marijuana use.
The new approach is expected to help some immigrants avoid penalties that could lead to deportation and comes amid backlash from municipalities and states over President Donald Trump's immigration policies — specifically the use of courts to identify and deport undocumented immigrants. Vance announced that his office is also working on a policy, to be implemented in the spring, to end prosecutions for low-level drug possession.
The sentencing guidelines for marijuana possession in the Manhattan DA's office previously offered a 12-month "adjournment in contemplation of dismissal" — or ACD — on the first offense, where the case is adjourned for 12 months and then dismissed and sealed if the defendant isn’t arrested again.
On a second offense, the previous guidelines allowed for the defendant to plea to either a marijuana violation or a disorderly conduct violation.
Now the Manhattan DA will offer an ACD for three months for the first offense and an ACD for six months for the second offense.
Vance explained the decision in a statement saying that a year is too long to have an open criminal case for a low-level, non-violent offense because it is publicly searchable online and can interfere with applications for college financial aid, housing or a job.
The city expects that some 4,100 individuals a year will be affected by the change. The program is set to being in the Spring of 2018. Proponents expect that it will mean fewer deportations for low-level possession.
-- Clarissa Dauphin
Saturday, June 18, 2016
Britain's largest newspaper has endorsed the recent Royal Society of Public Health proposal to decriminalize all illegal drugs. Here's a an editorial take on the proposal from The [London] Times:
Would it ever make sense to jail a chain smoker for smoking or an alcoholic for touching drink? On the basis that the answer is no, the Royal Society for Public Health (RSPH) is urging the government to decriminalise the personal possession and use of all illegal drugs. This is radical advice, but also sound. Ministers should give it serious consideration.
Prosecutions in Britain for small-scale personal cannabis use are already rare. To this extent the new proposals would not do much more than bring the statute book up to date with the status quo in most parts of the country. But the change the RSPH has in mind would go much further. It would push Britain into a small group of countries that have switched from regarding the use of drugs including heroin, cocaine and ecstasy as a health issue rather than one of criminal justice.
This is not a switch to be taken lightly, nor one the Home Office under present management is likely to take without sustained pressure from elsewhere in government. Yet the logic behind it and evidence from elsewhere are persuasive. Indeed, the government should be encouraged to think of decriminalisation not as an end in itself but as a first step towards legalising and regulating drugs as it already regulates alcohol and tobacco.
The RSPH’s model is a drug decriminalisation initiative in Portugal that is now 15 years old. Since 2001 possession of even hard drugs in Portugal has meant at most a small fine and, more likely, referral to a treatment programme. It does not earn the user a criminal record. More importantly, as of last year the country’s drug-related death rate was three per million citizens compared with ten per million in the Netherlands and 44.6 in Britain. Recreational drug use has not soared, as critics of decriminalisation had feared. HIV infection rates have fallen and the use of so-called legal highs is, according to a study last year, lower than in any other European country.
The Times suggests that the ultimate solution is to move to a legal supply chain for all of these drugs -- a step that the authors of the report didn't quite get to.
Friday, June 17, 2016
Two private British public health groups have released a new document calling for decriminalization of marijuana and all other "illegal drugs." nd The Royal Society for Public Health and the Faculty of Public Health, two organizations whose membership works in the public health field, have released Taking a New Line on Drugs, which recommends that the U.K. take law enforcement out of drug policy at the possession level, while keeping it up against those who manufacture and sell the stuff. The paper's executive summary sets out the suggestions:
From a public health perspective, the purpose of a good drugs strategy should be to improve and protect the public’s health and wellbeing by preventing and reducing the harm linked to substance use, whilst also balancing any potential medicinal benefits. RSPH is calling for the UK to consider exploring, trialling and testing such an approach, rather than one reliant on the criminal justice system. This could include:
a. Transferring lead responsibility for UK illegal drugs strategy to the Department of Health, and more closely aligning this with alcohol and tobacco strategies.
b. Preventing drug harm through universal Personal, Social, Health and Economic (PSHE) education in UK schools, with evidence-based drugs education as a mandatory, key component.
c. Creating evidence-based drug harm profiles to supplant the existing classification system in informing drug strategy, enforcement priorities, and public health messaging.
d. Decriminalising personal use and possession of all illegal drugs, and diverting those whose use is problematic into appropriate support and treatment services instead, recognising that criminalising users most often only opens up the risk of further harm to health and wellbeing. Dealers, suppliers and importers of illegal substances would still be actively pursued and prosecuted, while evidence relating to any potential benefits or harm from legal, regulated supply should be kept under review.
e. Tapping into the potential of the wider public health workforce to support individuals to reduce and recover from drug harm.
There's some special pleading here, of course -- turning things over to the health authorities means more money and jobs for health workers. And decriminalizing without maintaining penalties against those who make and sell the stuff isn't going to do much to harm the criminal gangs involved in the trade.
Still, an interesting take on the subject.
Tuesday, January 19, 2016
Ohio voters knocked out a crony capitalist legalization bill last fall. So what's happening these days in the Buckeye State? Over at Marijuana Law, Policy & Reform, Professor Doug Berman offers his thoughts. The whole piece is worth reading, but here's his summary:
I am encouraged (though not especially surprised) not only that (1) Ohio's elected officials now understand that they cannot and should no longer ignore the significant interest in marijuana reform amoung the citizenry, but also that (2) some state leaders are trying to co-opt into the effort persons who previously raised tens of millions of dollars to support reform in 2015. Thoughtout the 2015 reform effort in Ohio, I had an inkling that, even if the ResponsibleOhio's full legalization efforts went very badly (and it did), the conversations engendered and the monies raised through the reform effort would garner significant attention from significant public officials.
The good news seems to be that medical marijuana is moving forward in the Republican-dominated legislature. The bad news is that recreational marijuana might not get off the launching pad this year.
Saturday, January 16, 2016
We naturally tend to focus on pro-legalization stuff here. But it's important to remember that there are still intelligent and well-meaning folks who strongly oppose legalization. One of them is Frank Rapier, a 30-year Treasury Department agent who now runs the Appalachia HIDTA (High Intensity Drug Trafficking Area). He's got a new op-ed in the Lexington (Ky.) Herald-Leader, entitled Don’t fall for the lies from Big Marijuana:
In response to the column, “Stop waste of money, lives in criminalizing pot,” let me say that I agree with Sen. Perry B. Clark on one point: America is being bamboozled.
We are being bamboozled by Big Marijuana.
While it is entirely possible that the marijuana plant does contain elements that would be useful in treating specific disorders, there needs to be research and a process of approval like all potentially helpful medicines. The Food and Drug Administration performs this procedure daily. Let’s give that a shot before we can get serious about marijuana as medicine.Big Marijuana has lied for years in stating that the prisons are filled with people arrested for possession of small amounts of marijuana. Nothing could be further from the truth.
With the current opiate addiction crisis in Kentucky and other states, law enforcement is too busy to bother with casual marijuana users. A survey by the Bureau of Justice Statistics showed that 0.7 percent of all state inmates were behind bars for marijuana possession only (with many pleading down from more serious crimes).
In total, one-tenth of one percent (0.1 percent) of all state prisoners in the U.S. were marijuana-possession offenders with no prior sentences, according to a 1999 report from the Bureau of Justice Statistics.
Colorado’s passage of a responsible adult marijuana-use law has also resulted in other issues.A report by the Rocky Mountain High Intensity Drug Trafficking Area compared studies of the two-year average of marijuana use during full legalization (2013-14) to the two-year average just prior to legalization (2011-12).
The latest results show Colorado youth, aged 12 to 17 years old, ranked No. 1 in the nation for past month marijuana use, up from No. 4. Their usage was 74 percent higher than the national average. College-aged adults, 18 to 25, increased 17 percent. This was 62 percent higher than the national average.
Legalization is about one thing and one thing only: Making a small number of business people very rich. There is indeed some bamboozling going on. Kentuckians shouldn’t fall for legalizing marijuana.
Wednesday, January 6, 2016
Doug Berman asks that question over at Marijuana Law, Policy & Reform. My answer is the same as his. No. Here's his quick take:
But while 2016 could prove historic for marijuana reform on the state level, I am inclined to predict that this year could well be a huge nothingburger on the federal front. Absent some unexpected developments, I would be shocked if an essentially lame-duck President Obama or his Department of Justice will see any reason to significantly alter its present Cole-memo, leave-the-states-mostly-alone prosecutorial policies. And though there are lots of marijuana reform proposals and bills kicking around Capitol Hill, I have no reason to believe or expect any leaders in either the House of the Senate have any real interest in moving any marijuana bills forward (or even having hearings on the topic).
He's hoping he's "missing something" in that assessment, but I don't believe he is. I don't see anybody at the federal level moving to do anything this year.
The Administration? President Obama has had seven years to start the process of rescheduling cannabis, and has shown absolutely no interest in doing it. Given that he's spending his last year doing a victory lap of world capitals and top golf courses (and spending whatever political capital he has left on making it harder for people other than drug lords and gangbangers to get guns), it's hard to see him suddenly get interested. Attorney General Lynch is an old-line drug warrior whose troops are still busy denying that Rohrabacher-Farr amendment limits them from prosecuting medical marijuana growers. Think she'll suddenly see the light?
Congress? It's an election year, which means that despite lots of promises to various constituent groups, virtually nothing will get done.
The presidential candidates? On the Democratic side, Hillary is an old drug warrior who had eight years as First Lady, eight in the Senate, and four as Secretary of State to do something about it, and has never made the slightest attempt to do anything. Sure, for enough money she'd come out in favor of it, but compared to investment banks and Silicon Valley, the marijuana industry is small potatoes. As for Bernie, he'd probably support it as President, but he doesn't seem capable of even talking about any issue that isn't out of Class Warfare 101.
On the GOP side, many of the candidates are conservative drug warriors who are philosophically opposed to legalization. Of the others, I suspect that they took note of the huge boost that coming out for legalization did not give to Rand Paul. The number of Republic primary voters whose choice will depend on the candidate's position on marijuana is probably somewhere between "almost none" and "zero." And in the general election, issues like immigration, the Islamic State, Obamacare, North Korean hydrogen bombs, and Hillary's record will trump (no pun intended) minor stuff like marijuana. Again, enough campaign cash could change that, but it's hard to see how the industry could come up with enough to make it worthwhile.
So I'm even less optimistic than Doug. Of course, if Rand Paul does win the Republican nomination, and a brokered Democratic convention gives us Rocky de la Fuente, things might change.
Tuesday, January 5, 2016
Well, it's not exactly man-bites-dog, I suppose. But an "investigation" by the Daily Caller suggests that tobacco companies -- who already sell paper tubes of dried plant material that provide a drug to users -- are indeed looking to capitalize when cannabis goes legal nationally. The piece does have some interesting background. Some highlights:
Big tobacco, despite its conservative image since the 1970s, has been closely eyeing the marijuana market which venture capitalists regard to be worth $50 billion in annual revenues.
Tobacco companies are now on a buying spree of e-cigarette companies which produce vaporizers, a smoking device marijuana users prefer because it can offer a higher high.
. . .
"We are in the business of relaxing people who are tense and providing a pick up for people who are bored or depressed," [said a 1970 Philip Morris memo]. . . . "The human needs that our product fills will not go away. Thus, the only real threat to our business is that society will find other means of satisfying these needs."
. . .
[Keith Humphreys, a professor of psychiatry and behavioral sciences at Stanford School of Medicine,] said big tobacco has a distinct advantage in marijuana production. "On marijuana, who knows better how to grow a plant that you dry up, wrap up in paper and smoke," he told TheDCNF. "They’re the masters of that worldwide and have wide brand recognition."
Jonathan Caulkins, a professor at Carnegie Mellon University’s Heinz Center and co-director of RAND’s Drug Policy Center, told TheDCNF he believes the tobacco industry is privately looking at the legalization movement.
"If you’re specifically in the tobacco industry, of course you should be paying great attention," Caulkins said. "It would be unfair to your shareholders if you didn’t at least watch with interest and probably should have several analysts working full time trying to think of different scenarios of how this could play out."
Dr. Stanton Glantz of the UCSF School of Medicine and the American Legacy Foundation Distinguished Professor of Tobacco Control told TheDCNF, "They certainly would deny it if you asked them, but the reality is that tobacco firms are very well positioned."
"They know how to make the product very well and very efficiently," Glantz said. "More important, they know how to engineer the product to maximize the addictive potential, which is something that the current marijuana enterprises probably aren’t as good at."
. . .
"Since at least 1970, despite fervent denials, three multinational tobacco companies, Phillip Morris (PM), British American Tobacco (BAT, including its US subsidiary Brown & Williamson [B&W]), and RJ Reynolds (RJR), all have considered manufacturing cigarettes containing cannabis," the UCSF researchers concluded.
Glantz asserted tobacco companies "have the financial resources, product design technology to optimize puff-by-puff delivery of a psychoactive drug (nicotine), marketing muscle, and political clout to transform the marijuana market."
As noted previously, big tobacco is buying up American e-cigarette companies with fervor.
. . .
"For e-cigarettes, there is a huge crossover in e-cigarette use between marijuana and tobacco," Glantz told TheDCNF.
I suspect that a lot of non-tobacco businesses are also interested. Do we think that Frito-Lay and Kraft, for example, haven't at least thought about the potential of cannabis-infused edibles"?
Monday, January 4, 2016
No, the federal government did not legalize medical marijuana in recent omnibus budget bill. The bill reiterated language from last year's omnibus bill, known as the Rohrabacher-Farr Amendment, which prohibits using federal funds to prevent a state from "implementing" its medical marijuana laws. But while various news sites trumpeted this as effectively ending the federal ban on medical marijuana, Reason's Jacob Sullum, in a piece titled The Federal Ban on Medical Marijuana Was Not Lifted, argues that the ambiguous language in the Amendment isn't stopping the Justice Department from prosecutions.
The problem with the Amendment is its language. The Justice Department interprets it to mean that it cannot use federal funds to prosecute state employees who are involved in medical marijuana licensing, taxation, and regulation -- that is, those who are actually implementing the state program. There seems to be a difference between implementing a law (for example, being a state employee who sets or enforces speed limits) and merely obeying a law (a driver who follows the speed limit). If Congress had wanted to ban individual prosecutions, the most natural way to do so would have been to bar DOJ from prosecuting individuals and businesses who are licensed by state medical marijuana offices and who are in compliance with those regulations. While it's true that the authors of the Amendment hoped it would ban individual prosecutions (and while one federal judge has said it does) the DOJ argument is, from a pure statutory construction perspective, perfectly reasonable.
Sullum concludes that even if the Amendment did bar DOJ from individual prosecutions, its effects are still very limited:
The rider has no impact in the 27 states that do not have medical marijuana laws, and it applies only to the Justice Department, so it has no effect on actions by the IRS or the Treasury Department that make it difficult for medical marijuana suppliers to pay their taxes and obtain banking services.
More fundamentally, the amendment, which has to be renewed every fiscal year, does not change the Controlled Substances Act (CSA), which continues to classify marijuana as a Schedule I substance with no legal uses. Because marijuana is still prohibited by federal law, people who grow and sell it, no matter the purpose and regardless of their status under state law, commit multiple felonies every day. If no one is trying to put them in prison right now, that is only thanks to prosecutorial forbearance that may prove temporary.
Anyone who provides services to marijuana businesses is implicated in their lawbreaking. Last week a Colorado credit union that wants to specialize in serving state-licensed marijuana businesses tried to persuade a federal judge that it is legally entitled to participate in the Federal Reserve's payment system, without which it cannot operate. The judge did not seem inclined to agree, saying, "I would be forcing the reserve bank to give a master account to a credit union that serves illegal businesses." The U.S. Postal Service announced last month that periodicals containing marijuana ads are "nonmailable," citing a CSA provision that makes it a felony to place ads promoting the purchase of illegal drugs. An accounting firm and a bonding company hired by a Colorado marijuana merchant recently paid $70,000 to settle a federal racketeering suit filed against them by a hotel whose owners were upset about plans to open a pot shop near their business.
Problems like these cannot be solved without changing marijuana's status under federal law. The Rohrbacher-Farr amendment does not do that, no matter how many hopeful headlines it generates.
. . . is the headline of a story today reprinted in USA Today. Even Texas has medical marijuana in 2016, and there are lots of stories about states moving toward legalization. But here's the short version of the list (in alphabetical order) of states that probably won't be seeing much action on that front this year:
Friday, May 8, 2015
I wouldn't exactly call it a "broad" bill as this story does, but it's something: Kansas House approves broad marijuana bill.
The Kansas House has approved a measure that would decrease penalties for marijuana possession, allow the limited use of medical marijuana and study the use of industrial hemp.
House members voted 81-36 Thursday to send the bill to the Senate for consideration.
First- and second-time marijuana offenders without serious prior convictions would avoid jail time under the bill. That would decrease the population in the state's overcrowded prisons and save more than $1.7 million over the next two fiscal years, according to state estimates.
Two amendments to the bill also would legalize the sale and production of hemp oil for seizure treatments and initiate a state study into industrial hemp.
Opponents say they're worried that the bill would open the door to wider marijuana legalization.
Tuesday, March 24, 2015
As Douglas Berman pointed out, Derek Siegle, executive director of the federally funded Ohio High Intensity Drug Trafficking Area Program, presented a guest column piece today at cleveland.com, in which he included nearly every argument he could imagine in opposition to ending marijuana prohibition. His article presents a wonderful (if stream-of-consciousness) summary of all the main talking points currently used by HIDTA officials around the country. This seems like a great opportunity to dispel some of the dire warnings we often hear. I’m cherry picking here, since there are so many arguments, a full response rather longish. But here are some of the more commonly used, and abused, arguments I see out there.
Not that many people are arrested for marijuana possession, so the impact on the criminal justice system isn't that great.
I never really understood this argument. It seems to be saying "we could be jailing everyone, but we really aren't doing it all that much - so that's good, right?" If it is so rarely invoked, then why allow for jail time at all? It seems to suggest that even the system recognizes that jail is not an appropriate sanction.
Of course, lots of people (particularly African Americans) are arrested for possession, so this argument might not be as compelling for those lucky contestants who win a free police escort to their local jail. But more to the point, the criminal justice system is far more than incarceration. Jailable offenses mean court appointed attorneys or private counsel, courtroom time, and the time law enforcement spends processing cases. On the back end, it can mean the loss of personal property and money in asset forfeiture proceedings, along with probation. Even technical violations of probation rules can lead to (re)arrest and incarceration, which would not show up in the claim that possession doesn't often lead to jail time. And then there is a criminal drug conviction that could show up in background checks for jobs, school, and housing for a lifetime.
Heavy consumers may find that the accumulation of THC in their system can affect them in a variety of ways, both physically and mentally.
If this is true, it is a compelling reason to not over-consume, but there is no reason to believe that criminalizing behavior changes people’s practices. Research has shown that teen use does not go up when penalties go down. Nebraska and Mississippi removed the possibility of jail in the 1970s, and teen use is lower in those states than in neighboring Texas, which treats possession as a crime. Studies also generally show that raising penalties for use does not deter behavior, and lowering penalties does not encourage behavior. The bottom line is that while marijuana over-consumption could possibly be a health concern, making it a crime does not deter consumption nor deal with the actual concern mentioned here - health.
Marijuana is more potent than it used to be.
There is some evidence that marijuana is more potent that it was several decades ago, but unlike both narcotic medications and alcohol — which take the lives of tens of thousands of Americans every year — there are no known incidents of overdose deaths attributable to marijuana at any time. Despite its increased potency, it is still a safer alternative than substances we already regulate and control.
Potential tax revenue will only cover about 15 percent of the collateral costs to our community: increased drug treatment, emergency room visits, crime, traffic accidents and school "dropouts."
While it is not clear where HIDTA's statistics come from, the Congressional Research Service did an analysis of the revenue potential of a federally taxed adult marijuana market, published in November 2014, which is directly on point. It found these costs manageable with a modest tax:
Economic theory suggests the efficient level of taxation is equal to marijuana’s external cost to society. Studies conducted in the United Kingdom (UK) and Canada suggest that the costs of individual marijuana consumption to society are between 12% and 28% of the costs of an individual alcohol user, and total social costs are even lower after accounting for the smaller number of marijuana users in society. Based on an economic estimate of $30 billion of net external costs for alcohol, the result is an external cost of $0.5 billion to $1.6 billion annually for marijuana. These calculations imply that an upper limit to the economically efficient tax rate could be $0.30 per marijuana cigarette (containing an average of one half of a gram of marijuana) or $16.80 per ounce. An increased number of users in a legal market would raise total costs, but not necessarily costs per unit.
We do not know what the wholesale or retail sales rate would be under the better-known legalization effort in Ohio, or if they are comparable to prices in other parts of the country for similar products. If they were, a tax rate of 15% would be considerably higher than $16.80 per ounce.
States that do not tax medical marijuana find that their adult consumers cheat and sign up as medical marijuana patients. And most medical marijuana patients are under 40.
First of all, the “most are under 40 argument” is simply false. According to state marijuana program statistics, the average age of patients in Colorado is 42. The average in Montana is 47, and the average in Arizona is between 40 and 50.
Secondly, in states that have both medical marijuana and adult use, whether or not people are gaming the system is a question for regulators, not an argument in favor of maintaining the criminality of marijuana use. It is worth noting that according to research by the Toronto-based Center for Addictions and Mental Health and the Canadian Centre for Substance Abuse, there are somewhere between 400,000 and 1 million self-reported medical cannabis users in Canada, or approximately 4% of the adult population, while only around 1/10 that number are registered patients. It is hard to speculate how many adult consumers would qualify as patients. But at the end of the day, it took a medical professional - not a law enforcement officer - to recommend medical use of marijuana in the first place.
Legalization will lead to greater use by our youth.
This statement is directly contradicted by peer-reviewed studies, which show that teen use either remained constant, or more often than not, dropped in medical marijuana states. (One interesting question is whether or not teen use of alcohol went up or down after alcohol Prohibition ended. Incidents of reported alcoholism actually did drop based on medical records from the time, but I have never seen this issue researched with respect to teen use.)
Marijuana is a gateway drug.
No anti-marijuana opinion piece is complete without the gateway drug myth, which has been repeatedly debunked by those who have actually studied it, most notably in a White House-commissioned study by the Institute of Medicine in 1999. That study found that marijuana "does not appear to be a gateway drug to the extent that it is the cause or even that it is the most significant predictor of serious drug abuse.” The gateway myth confuses causation and correlation. As recently explained by Susan Weiss, a psychologist with the National Institute on Drug Abuse, “[p]eople tend to use marijuana before they use other illicit drugs, but that’s probably because it’s much more available, and it’s the drug that people are more likely to come in contact with.” Just like alcohol does not cause people to use marijuana, marijuana does not cause use of harder drugs.
I would also point out that California has allowed practically unregulated medical marijuana since 1996 without any perceptible increase in hard drug use. 22 other states and D.C. followed. Where are all the new cocaine and heroin users ushered in by these laws? But hey, it sure sounds scary.
Accidents and fatalities on the highway will increase if marijuana is more available as it has in Colorado.
The Colorado Department of Transportation has called out HITDA for misusing state statistics in the law enforcement agencies' repeated efforts to advance this argument. In reality, very recent research by federal government’s own National Highway Traffic Safety Administration (NHTSA) found THC-positive drivers possess no elevated risk of motor vehicle accident, after adjusting for drivers’ age and gender. NHTSA acknowledges that this is the largest US-based crash risk assessment ever performed. They also note that their findings are ‘in line’ with other well-controlled studies also finding little to no increased risk.
If marijuana is medicine why isn't it prescribed?
This is one of my personal favorites. Here’s why not:
- The Food and Drug Administration (FDA) studies and approves or rejects drugs for prescription use.
- It doesn't study a substance for medical benefit if the drug is already scheduled as having no medical benefits - it needs to be rescheduled first as something with at least theoretical medical benefit.
- The DEA has the authority to reschedule marijuana, thus enabling the FDA to begin study in earnest, but refuses to do so until there are studies on its medical benefit.
- Any studies on medical benefit (or any other use) must use marijuana provided by the National Institute of Drug Abuse (NIDA).
- NIDA has an institutional policy, imposed by Congress, to only make marijuana available for research if that research examines its harmful effects.
The lack of study is based on the federal government’s general policy to refuse to make it available for studies on its benefits – not because marijuana actually does lack medical benefit.
Crime went up in Colorado after legalization.
No, it did not. Well, some types of crime did go up, while other categories dropped. The claim that crime increased selectively reports the data in order to fit the theory, ignoring the crime rates that dramatically fell. In fact, it's probably too early to really know what has happened to crime rates, although street cops in Denver don't seem to think it made much difference.
As I mentioned in the comments section following Doug’s post, the real problem with these sorts of arguments is that they lack any solution except "maintain the status quo – or else!" All they really do is present the possible harm to society/kids/budgets/crime rates if things change. But in reality they have been changing for decades and the sky is still, well, in the sky. If there really were horror stories to tell based on what states have been doing since reducing criminal laws since the 70’s, or adopting medical marijuana laws since the 90’s, or legalizing marijuana since 2013, we would not be arguing about hypotheticals.
March 24, 2015 in Decriminalization, Drug Policy, Federal Regulation, Law Enforcement, Legislation, Local Regulation, Medical Marijuana, News, Politics, Recreational Marijuana, Research, State Regulation, Taxation | Permalink | Comments (0)
Friday, March 6, 2015
Legislators in two northeastern states are looking at marijuana-related bills. The one before the Rhode Island Assembly, H5777 [text here] would open up sales of recreational weed under a tax-and-regulate scheme. Matt Ferner's HuffPo story on the bill gives this summary:
The Marijuana Regulation, Control and Taxation Act, introduced in the state House and Senate, would legalize the possession, use and sale of recreational marijuana for those age 21 and older. Adult residents could possess up to an ounce of marijuana and grow one marijuana plant for personal use. Cultivation would be limited to secure, indoor facilities.
Retail stores and facilities to grow and test marijuana would be overseen by the state Department of Business Regulation. Of the taxes generated on marijuana sales, 40 percent would be earmarked for substance abuse treatment, anti-drug public education and law enforcement training. The measure proposes an excise tax of $50 per ounce of marijuana flower, $10 per plant and $15 per ounce of any other marijuana product sold wholesale from cultivators to retailers. A 10 percent sales tax would be applied to all retail sales.
Smoking marijuana in public would remain banned.
It would would make economic sense for the Ocean State to be an early mover. According to the Tourism Works for Rhode Island web site, tourism is the fourth biggest private-sector industry in the state, and 1-in-10 jobs in the state are tourism related. Rhode Island itself may have only a million or so residents, but it's an easy hop for the 10 million or so who live in Massachusetts and Connecticut, as well as a fair-sized slice of New York. Not to mention the tourists from Cape Cod, Martha's Vineyard, Nantucket, Block Island, and so on.
Meanwhile, in New Hampshire, a legislative committee passed a decriminalization bill reducing penalties for possession of limited quantities:
New Hampshire may soon join other New England states in loosening the law when it comes to marijuana possession.
The Committee on Criminal Justice voted overwhelmingly Thursday to support a measure making it a violation, rather than a criminal offense, to possess a half-ounce or less of marijuana.
Under current law, possession of an ounce of marijuana or less is a Class A misdemeanor that carries with it a possible year in jail, but some believe that when it comes to societal problems, there are bigger fish to fry.
"We should be better spending our limited time and resources, and on top of that, the New Hampshire Constitution says the penalty ought to fit the crime," said Rep. Adam Shroadter, R-Newmarket.
Under Shroadter's bill, possession of a half-ounce would carry a penalty of a $100 fine for the first offense. Violators would not have a criminal record.
I understand you can get from Concord, N.H., to Rhode Island in under two hours by car.