Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Sunday, April 17, 2016

Cannabis Science and Policy Summit: on-site reporting from the Vicente Sederberg Professor of Marijuana Law and Policy

Download (1)I invited Sam Kamin, the Vicente Sederberg Professor of Marijuana Law and Policy at the University of Denver Sturm College of Law, to provide some reports or thoughts about his experiences today and tomorrow as he is participating in NYC at the The Cannabis Science and Policy Summit. Here is the first of what I hope might be a few on-site report from a very informed participant in this event:

The morning started with a cautionary tone. Jonathan Caulkins gave a plenary talk on the dangers of a profit-driven marijuana market. His thesis was that 25 years from now, policy makers will look back on this period and wonder what on earth we were thinking.

* He showed that half of marijuana is consumed by those who use daily and that, as with any industry, there will be a push from industry to grow that group.

* He argued that Americans spend 40 billion hours per year stoned and that we could easily expect that to double post-legalization.

* He called marijuana a performance-degrading drug. There's a reason we don't test chess players for pot to be sure they're not cheating.

In the questions and discussions in the hallway afterward, talk focused on possible alternatives to a market-driven legal market. The most concrete was David Courtwright's invocation of Sweden's Gothenburg public house regulatory system (limited number of licenses, a limit on maximum profits, etc.) as a model for marijuana regulation that minimizes social harm.

A fascinating (to me) issue is whether there is room for legalization's opponents (groups like SAM and policy wonks like Caulkins) and the cannabis true believers who started all this (DPA, MPP, NORML, etc.) to join forces against Big Marijuana.  Talking to Dan Riffle, I compared this to the Never Trump movement.  No one (except the eventual winners, whoever they will be) wants corporate marijuana, which looks like the front-runner at the moment.  The question will be whether various opponents, coming at that place from different directions, can find sufficient common ground to organize against the juggernaut and whether they can do so before things become inevitable.

For the record and to be a bit of an iconoclast, I consider myself something of a supporter of "corporate marijuana" at least in the short term for a couple of reasons.  First and foremost, in the arena of medical marijuana, I think we will only get lots and lots of needed dynamic and aggressive research on the potential of the cannabis plant if there is a significant profit motive driving the research. Second and not to be overlooked, I think there can and should be more external benefits (like job growth and tax revenue) flowing from a commercial marijuana marketplace if (and this is a big if) government if focused mostly on aggressively regulating the marijuana industry rather than excessively seeking to control/hamper its innovative tendencies.

http://lawprofessors.typepad.com/marijuana_law/2016/04/cannabis-science-and-policy-summit-on-site-reporting-from-the-vicente-sederberg-professor-of-marijua.html

History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink

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