Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, October 18, 2018

Will Canada's legalization of marijuana impact coming legalization votes in Michigan and North Dakota and elsewhere in US?

319030_87b0d3e2e5596a530b55b4f110aa6dbc440af205.png_facebookThe question in the title of this post is my domestic reaction to the big international marijuana reform news of Canadian marijuana legalization efforts becoming a reality.  This new Politico article, headlined "Members of Congress, businesses push for homegrown weed," reports on some of the US echoes of what has transpired in the country up north this week, and here are excerpts:

Washington just got some major peer pressure to embrace the bong.  Its vast northern neighbor Canada legalizes the retail sale of marijuana nationwide Wednesday.  The Canadian cannabis sector is already estimated to be worth $31 billion and upstart marijuana companies have soared on the New York Stock Exchange.

But America’s patchwork of state laws — and federal ban on marijuana — put American pot companies at a high disadvantage. It's unclear whether the push to liberalize U.S. marijuana laws will get very far: Attorney General Jeff Sessions has declared war on marijuana, though his efforts have been dampened by a not-so-hostile White House.  Yet Rep. Dana Rohrabacher (R-Calif.) said last week that the White House plans to address cannabis reform following the midterms.

Rohrabacher's efforts are bolstered by a chorus of congressional and business voices calling on the Trump administration to respond with an “America First” policy on pot. A publicly traded U.S. cannabis company bought a full-page ad in the Wall Street Journal Tuesday with a message to President Donald Trump: Canada will take over the U.S. marijuana market if we don't legalize soon....

A bipartisan group of American lawmakers fumed last month when the U.S. Drug Enforcement Agency gave the green light to importing Canadian marijuana for research purposes. The 15 lawmakers, many of them representing states that have legalized recreational cannabis, protested to the DEA and Sessions that dozens of American companies already requested permission to produce marijuana for study.  They wrote that allowing the University of California, San Diego, one of the applicants, to import marijuana capsules from Canada-based Tilray, Inc., was “adding insult to injury.”

Noting that Trump had issued a "Buy American" executive order, the lawmakers urged the administration to ensure that the domestic need for cannabis research be met by American institutions. The concerns are not just limited to medicinal marijuana. Recreational use is gaining a foothold in U.S. states.  Voters in North Dakota and Michigan will vote on ballot initiatives on legalization on Election Day.

Already, nine states and the District of Columbia, have legalized pot, and 31 others allow medical marijuana. “I think it frankly cries out for a federal solution,” Rep. Kevin Cramer (R-N.D.), now challenging Democrat Heidi Heitkamp for her Senate seat, told POLITICO.  “And this is tough stuff — this is hard stuff to talk about — because I’m a law-and-order congressman, but it’s impossible to ignore what’s going on. … If the federal government itself doesn’t do something to sort of at least provide the banking system that allows for greater oversight and regulation, I think we’re just setting ourselves up for a bit of a rogue industry rather than a highly regulated one.”

Though this piece is focused on federal US policies, I am especially interested in the reality that the two states voting on full legalization this election cycle both border Canada. I have been thinking that voters in the (bluish) state of Michigan were on a path toward legalization even before these developments in Canada, but I have also been guessing that voters in the (deep red) state of North Dakota were not going to be ready to vote for full legalization. But maybe developments up north could change these dynamics among the voters

October 18, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, International Marijuana Laws and Policies, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

"Could Weed Be Federally Legal in 2019?"

WashingtonDC-Capitol-MarijuanaThe question in the title of this post is the headline of this new Rolling Stone article that effectively summarizes the lengthy memo circulated yesterday by Representative Earl Blumenauer written to House Democratic Leadership outlining his plan to legalize cannabis in the next Congress.  Here are excerpts from the article:

In honor of Canada’s first day with legal adult-use marijuana, an optimistic Rep. Earl Blumenauer (D-OR) sent a letter to House Democratic leadership Wednesday outlining a plan to advance federal legalization measures with the goal of federally legalizing cannabis by the end of 2019. “Congress is out of step with the American people and the states on cannabis,” he wrote. “There is no question: cannabis prohibition will end. Democrats should lead the way.”

Blumenauer’s plan would begin as early as next January, when he says the key to advancing some of the 37 cannabis bills sitting in Congress is to have the individual issues evaluated by the distinct congressional committees. For example, the House Judiciary Committee could hold a hearing on descheduling marijuana; the House Veterans Affairs Committee could hold a hearing on veterans’ access to medical pot; the House Financial Services Committee could discuss the current barring of cannabis businesses from federally backed banks; and the House Ways and Means Committee could have a hearing on the unequal taxation of pot businesses.

Additionally, Blumenauer writes that these committees should start “marking up bills in their jurisdiction[s] that would responsibly narrow the marijuana policy gap — the gap between federal and state marijuana laws,” using examples like the protection of employment, protection of private property from civil asset forfeiture and the removal of barriers to marijuana research. He also includes, most importantly, the need to “address the racial injustices that resulted from the unequal application of federal marijuana laws” — or, in other words, a social-justice element that could begin to correct the racist tide of the 40-year-old War on Drugs.

By August, Blumenauer believes, the House can pass a package of marijuana laws to address these concerns, and the bills can move to the Senate. The Oregon representative hopes that, given the increasing public support for marijuana — he cites a poll that 69 percent of registered voters support legalizing pot — the public will be able to pressure the senior body of Congress into passing the bill....

On a call with reporters, Blumenauer said that he believes key members of the prohibitionist movement — including Texas Rep. Pete Sessions and House Majority Leader Paul Ryan — won’t be returning next session, and with those opponents gone, the cannabis movement will be able to advance. He has been speaking with senior members of the committees, he said, and is confident that some will be able to get these specific areas of cannabis law on the agenda next year. “The outline is ambitious,” Blumenauer admitted. “It’s aspirational, but it’s entirely within our capacity.”

October 18, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

Friday, October 12, 2018

Is Trump White House really on verge of proposing federal marijuana reform?

The question in the title of this post is prompted by this new Fox Business piece headlined "White House to unveil federal cannabis reform 'very soon,' says GOP lawmaker." Here are excerpts:

The White House is planning on tackling cannabis reform after the midterm elections, according to Rep. Dana Rohrabacher, R-Calif. Rohrabacher tells FOX Business that the Trump administration has made a “solid commitment” to fix marijuana regulation.

“I have been talking to people inside the White House who know and inside the president’s entourage... I have talked to them at length. I have been reassured that the president intends on keeping his campaign promise.”...

“I would expect after the election we will sit down and we’ll start hammering out something that is specific and real,” he said.

The California congressman, who is up for re-election this November, is battling to hold onto a seat that national Democrats have identified as part of their strategy to win the House majority this midterm election. Rohrabacher faces Democrat Harley Rouda. RealClearPolitics has listed the seat that Rohrabacher has held for five years as a toss-up – and the polling average has both candidates in a dead heat – with both at 48 percent of voter support.

Recreational marijuana was just recently legalized in California this year – but reforms on the federal level have been stalled for decades. Yet, according to Rohrabacher, that will soon change: “It could be as early as spring of 2019, but definitely in the next legislative session.”

I suspect Rep. Rohrabacher is making these claims as part of an effort to make the case to Californians that he needs to be reelected to help with federal marijuana reforms.

October 12, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (0)

Sunday, October 7, 2018

Notable discussions of a fully state-run medical marijuana program in Utah

Download (23)Though some may tire of  the talk of "laboratories of democracy" in the context of marijuana reform, I never tire noticing all the different ways state-level reform efforts are producing different approaches to marijuana laws and policies.  And, as explained in this new local piece, headlined "Utah could become the guinea pig for state distribution of medical marijuana," a notable state out west is working toward a novel social and economic experimental approach to marijuana reform.   Here are the details:

The medical marijuana agreement that has brought together warring factions in the Proposition 2 debate could make Utah a national test case — the state itself would distribute the cannabis.  Sure, other governments have mulled such a system, but they’ve generally shied away from direct involvement in dispensing a substance illegal under federal law, said Karen O’Keefe, state policies director for the Marijuana Policy Project....

Gov. Gary Herbert, legislative leaders and advocates unveiled the proposed legislation Thursday that Utah lawmakers are expected to take up during a November special session.  Herbert described it as a step toward establishing a medical marijuana program that Prop 2 opponents, such as The Church of Jesus Christ of Latter-day Saints, could stomach and pledged to put it before lawmakers next month whether or not the ballot initiative passes.

The consensus plan would create a centralized state pharmacy that would package individual medical cannabis orders and ship them to a local health department for pickup by patients who qualify.  Up to five private “medical cannabis pharmacies” would also be allowed under the legislation, but the state-run system would act as an alternative for rural residents who live far from these locations, Sen. Evan Vickers, R-Cedar City, said.  “Is it unique? Yeah, it’s definitely a unique model,” he said, “and that’s why it could very well become the role model ... for the rest of the country."...

Vickers, who is a pharmacist by profession and helped broker the cannabis accord, said he was comfortable that the state wouldn’t run afoul of federal law by getting involved in the distribution of a Schedule 1 drug.  He said he vetted the idea with the Drug Enforcement Administration but wouldn’t disclose who he’d communicated with, saying the conversations were sensitive.

O’Keefe said the Marijuana Policy Project isn’t sure a state-run model will fly in Utah.  The closest comparison for it is in Louisiana, where the state designated two public institutions, Louisiana State University and Southern University, as the only legal growers of marijuana plants.  The Louisiana program isn’t running yet, she said.  But her advocacy group — which has dumped more than $210,000 into the campaign supporting Prop 2 — is satisfied that if Utah’s centralized system fails, the private cannabis pharmacies will keep patients supplied....

Connor Boyack, founder of the libertarian Libertas Institute, said the state-run system was a hotly debated element in the medical cannabis plan.  His group was unwilling to rely on the central fill pharmacy alone and insisted the bill allow private pharmacies as a backup.  “We don’t have high hopes for [the state-run system]," he said, “but to be fair and in good faith, we’re saying, go for it.”

October 7, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, August 29, 2018

BuzzFeed reporting Trump Administration effort to assemble "data demonstrating the most significant negative trends" and "threats" posed by marijuana reforms

Avatars-000114258398-2fkvx7-t500x500BuzzFeed News has this important scoop on an important effort by the Trump Administration to develop data and arguments against marijuana reform.   The full title of the article provides a basic summary: "Inside The Trump Administration’s Secret War On Weed: The Marijuana Policy Coordination Committee wants to counteract positive marijuana messages and identify problems with state legalization initiatives, according to documents obtained by BuzzFeed News."  The whole piece is today's must-read, and here are highlights:

The White House has secretly amassed a committee of federal agencies from across the government to combat public support for marijuana and cast state legalization measures in a negative light, while attempting to portray the drug as a national threat, according to interviews with agency staff and documents obtained by BuzzFeed News.

The Marijuana Policy Coordination Committee, as it’s named in White House memos and emails, instructed 14 federal agencies and the Drug Enforcement Administration this month to submit “data demonstrating the most significant negative trends” about marijuana and the “threats” it poses to the country.

In an ironic twist, the committee complained in one memo that the narrative around marijuana is unfairly biased in favor of the drug. But rather than seek objective information, the committee’s records show it is asking officials only to portray marijuana in a negative light, regardless of what the data show.

“The prevailing marijuana narrative in the U.S. is partial, one-sided, and inaccurate,” says a summary of a July 27 meeting of the White House and nine departments. In a follow-up memo, which provided guidance for responses from federal agencies, White House officials told department officials, “Departments should provide … the most significant data demonstrating negative trends, with a statement describing the implications of such trends.”

As several states have approved laws allowing adults to use and purchase cannabis, critics have contended lax attitudes will promote drug abuse, particularly among youth, and they have pressed for a federal crackdown. The White House at one point said more pot enforcement would be forthcoming, though President Donald Trump has never said he was onboard with that agenda and he announced in June that he "really" supports new bipartisan legislation in Congress that would let state marijuana legalization thrive.

However, the committee’s hardline agenda and deep bench suggest an extraordinarily far-reaching effort to reverse public attitudes and scrutinize those states. Its reports are to be used in a briefing for Trump “on marijuana threats.”

“Staff believe that if the administration is to turn the tide on increasing marijuana use there is an urgent need to message the facts about the negative impacts of marijuana use, production, and trafficking on national health, safety, and security,” says the meeting summary....

Coordinated by White House Office of National Drug Control Policy, the committee met on July 27 with many of the largest agencies in the federal government, including the departments of Justice, Homeland Security, Health and Human Services, and State. An unclassified summary of the meeting, obtained by BuzzFeed News, says the memo is “predecisional and requires a close hold.” And it says the notes were not to be distributed externally.

The White House followed up the next week by sending agencies and other departments — including the departments of Defense, Education, Transportation and Veterans Affairs, as well as the Environmental Protection Agency — instructions to submit two-page, bulleted fact sheets that identify marijuana threats and issues with the initiatives by Aug. 10....

Departments were told to “identify marijuana threats; issues created by state marijuana initiatives; and consequences of use, production, and trafficking on national health, safety, and security.” The agencies should also provide an example of a “story, relating an incident or picture, that illustrates one or more the key areas of concern related to use, production, and trafficking of marijuana,” the White House guidance says. The agencies were asked to describe how the drug poses threats to their department and the consequences of marijuana “on national health and security.”...

None of the 14 agencies BuzzFeed News contacted for this story, the DEA, or the White House denied the marijuana committee’s existence.

John Hudak, a senior fellow at the Brookings Institution, blasted the committee’s slanted approach to the facts and the “alienating effort on behalf of the president. ” “This is a terrible political move by the administration,” he told BuzzFeed, saying that the committee’s agenda betrays Trump’s pledges to protect states from federal intervention — a position with overwhelming public support.  Hudak added it would be “policy malpractice” to only collect one-sided data.  “The coordination of propaganda around an issue that the president ostensibly supported is fairly unprecedented.”

“This is a president who is not serious about states rights and regulatory reform in areas like drug policy, and is not serious about telling the truth to the American people or members of Congress from his own party," Hudak said, pointing to Colorado Sen. Cory Gardner, a Republican, who authored legislation that would protect states rights on marijuana and has praised Trump on the issue.

I share John Hudak's concerns about the one-sided approach to collecting data that is apparently afoot inside the Trump Administration. But I am more generally inclined to complain about the last three administrations for their collective failure to take seriously and consider studying all the state policy initiatives that have developed in this space.  State-authorized medical marijuana use has been going on now for more than two decades, and the array of state legal and policy developments in the marijuana space are too great to even take in completely.  The feds for years should have been trying to study and assess the import and impact of state innovations, and I suppose I am a bit pleased to see someone is finally really trying to pay attention.  I sure wish the folks inside the Beltway could pay attention without minds already made up, but I suppose there is a limit to what one can hope to get from our tax dollars at work.

August 29, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Who decides | Permalink | Comments (1)

Saturday, August 18, 2018

Newsweek cover story spotlights "How Republicans Learned to Love Marijuana"

Jk77C_Ig_400x400The feature article in the August 24 issue of Newsweek is headlined "Legal Weed: How Republicans Learned to Love Marijuana." The lengthy piece is worth reading in full, and here are excerpts:

[At Texas's] 2018 Republican ­Party convention in San Antonio in June, nearly 10,000 conservative politicians voted to revise the ­party platform on marijuana. The changes included supporting industrial hemp, decriminalizing small amounts of marijuana possession and urging the federal government to reclassify cannabis from a Schedule 1 to a Schedule 2 drug.

These planks, while still some of the most conservative approaches to marijuana policy in the country, were a marked departure from the party’s position a few years prior. And they’re indicative of the ­transformation happening with Republican voters and officials nationwide.

The motives are mixed. Some, like Isaac, were moved by arguments about its medical uses. For others, the shift is an attempt at criminal justice reform after years of racial discrimination. Some conservative lawmakers tout marijuana ­policy changes in the name of federalism and small government, and others say it might be the only bipartisan issue left in Congress. Regardless, Republicans can’t deny that marijuana legal­ization is popular among younger, more diverse voters who could help the party survive....

Senator Cory Gardner, a Colorado Republican, vowed to block the president’s Department of Justice nominees until he received a commitment that his state’s rights would not be infringed [after AG Jeff Sessions rescinded the Cole Memo]. Gardner tells Newsweek that in a sit-down meeting with the president in April, Trump said leaving cannabis laws up to the states was “the right thing to do and that we’re not going back.”

Gardner then went on to create the Strengthening the 10th Amendment Through Entrusting States (STATES) Act, along with Massachusetts Democratic Senator Elizabeth Warren. The bill would eliminate any federal prosecution of marijuana users or sellers in states that had legally ­authorized such actions. “We’re looking at it. But I probably will end up supporting that, yes,” Trump told reporters in June, striking a big blow to Sessions.

In a polarized era, the bill is impressively bipar­tisan. Five conservatives and four liberals co-­sponsored the legislation in the Senate, including names you would never expect to be on the same side — like Jeff Flake and Cory Booker. It has significant “cross-cut appeal,” Gardner says. He hopes the bill will gain momentum after the midterm elections.

But for Republicans, the effort to ensure states’ rights when it comes to marijuana policy is more important than a bipartisan collaboration. “It’s a federalism experiment,” Gardner says. “Republicans who have long been champions of states’ rights can choose this as a moment to prove it.”...

Already, politicians are beginning to see the benefits of supporting the cannabis industry through campaign fundraising. Rohrabacher, who is facing his toughest re-election campaign in three decades and is seen as one of the most vulnerable Republicans in the House, has been rewarded for his pro-weed stance. The congressman has gained $5,000 checks from companies and organizations including Weedmaps, Scotts Miracle-Gro and the National Cannabis Industry Association. Since 2016, Rohrabacher has received more than $80,000 in marijuana industry money.

In the long run, Republican lawmakers may support marijuana decriminalization for the simple fact that it may help them get elected as they play a catch-up game with young, nonwhite voters. An estimated 24 million people ages 18 to 29 cast votes in the 2016 election. In that demographic, Donald Trump lost to Hillary Clinton by an 18-point margin. Millennials are about to inherit the kingdom as the largest voting block in the country, and, according to one poll, over 80 percent believe the drug is safer than alcohol.

August 18, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States | Permalink | Comments (0)

Monday, July 30, 2018

"Which of these 6 states will be next to legalize marijuana?"

The question in the title of this post is the headline of this new Hill piece authored by Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws.  Here are excerpts from his accouting:

Nine states — Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington — have legalized the adult possession and use of marijuana. In the coming months, some or all of these states will likely be joining them.

Michigan

Voters this November will decide the fate of the Michigan Regulation and Taxation of Marihuana Act. If passed, the voter-initiated measure will permit those over the age of 21 to grow and possess personal use quantities of cannabis and related concentrates, while also licensing activities related to commercial marijuana production and retail marijuana sales....

New Jersey

Democrat Gov. Phil Murphy campaigned on a promise to legalize marijuana use and sales in the Garden State — a pledge he reiterated in his 2019 budget address when he stated, “[T]he only sensible option is the careful legalization, regulation, and taxation of marijuana sales to adults. … [F]rom the standpoint of social justice, and from the standpoint of protecting our kids and lifting up our communities, I could not arrive at any other conclusion."...

North Dakota

Proponents of a statewide ballot initiative to legalize the adult use of marijuana in North Dakota recently turned in over 19,000 signatures to the Secretary of State's office in an effort to place a measure before voters this November. State officials must certify 13,452 of those signatures in order to qualify the measure for the 2018 electoral ballot.... In 2016, nearly two-thirds of state voters approved a ballot measure regulating medical cannabis access. However, state officials have yet to make the program operational. Activists have acknowledged that regulators' failure to swiftly implement the 2016 measure was the impetus for the 2018 campaign.

New York

Ongoing legislative efforts to reform the Empire State’s marijuana laws received a significant boost this month when a state-commissioned study issued by the New York Department of Health called for the plant’s legalization....

Oklahoma

Sooner State voters in June approved one of the nation’s most liberal medical cannabis access laws, and they may have the opportunity to enact even broader reforms this fall. Days away from an August 8th deadline, local activists are estimated to be just a few thousand signatures shy of meeting statewide requirements to place an adult use legalization measure on the November ballot.

Delaware

Sixty-one percent of Delaware voters believe cannabis ought to be legal for those over the age of 21. And a majority of state representatives agree with them. In June, a majority of House lawmakers voted in favor of legislation to legalize marijuana use and retail sales. However, because the legislation imposed new taxes and fees, state rules required it to receive super-majority support. Lawmakers are anticipated to take up similar legislation again next year.

As I see it, full legalization is only likely in Michigan this year, though it is possible the New Jersey legislature will get this done before too long. If New Jersey does enact full legalization, that would increase the odds of neighboring New York and Delaware moving forward with legalization. But the odds still seem long to me for lots more full legalization states until the 2020 cycle. That major election year I expect we could see full legalization votes in at least a half dozen states, including big ones like Arizona, Florida and Ohio

July 30, 2018 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

"Wanna Beat Trump’s Supreme Court Nominee? Focus on Marijuana"

Brett-kavanaughThe title of this post is the headline of this intriguing new Daily Beast commentary authored by Jeff Hauser.  I recommend the whole piece, and here are extended excerpts:

What if I were to tell you that there is a political issue that galvanizes young voters?  An issue that unites libertarians, independents, and African-Americans?  An issue with bipartisan power, that works not only in cities, but has demonstrated strength in red states like Kentucky and West Virginia? 

It’s an issue likely to generate cases to be heard by the Supreme Court in the next decade and one on which the Trump administration’s leading law enforcement official — Attorney General Jeff Sessions — is already on the losing side politically.

Given all that, you would think this issue would be a central part of the Democratic Party’s campaign against Brett Kavanaugh’s nomination for the Supreme Court.  You would think wavering Democrats and shaky Republican senators would be targeted on the basis of the threat Kavanaugh poses on this issue.  But because the progressive movement sometimes makes political basics look liking trying to solve Fermat's Last Theorem, you would be wrong.

The issue I speak of is marijuana.  And it is likely to be a source of many complicated legal disputes in the coming decade, disputes that will be of increasing salience to American voters and, by turn, the Supreme Court.

In fact, the Supreme Court has already had to deal with some marijuana-related matters.  Just a few years ago, it was asked to weigh in on Colorado’s decision to legalize marijuana. Nebraska and Oklahoma argued Colorado’s law was preempted by the federal Controlled Substances Act, and that the court should enjoin Colorado from implementing its law.  Nebraska and Oklahoma complained that Colorado’s decision to legalize marijuana “undermin[ed] their own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems.”

On presumably technical grounds, six members of the Court declined to hear the lawsuit, but without prejudice (meaning there was no implication those Justices disagreed on the merits and the states could pursue their theory in the lower courts). Justice Clarence Thomas, joined by Justice Samuel Alito, dissented from the decision to not hear the case not only on technical grounds, but also by noting that Nebraska and Oklahoma have alleged “significant harms to their sovereign interests caused by another State.”  They stated that those allegations were significant enough to warrant the Court’s attention.

That decision was back in 2016. How will Justice Neil Gorsuch (typically an ally of Thomas and Alito) feel when this question comes back to the Court now, as it likely will?  How would a Justice Kavanaugh, who most well-informed observers believe is essentially Gorsuch 2.0, feel about it?  Would Chief Justice John Roberts feel differently about it with a social-issues moderate like Justice Anthony Kennedy no longer on the Court?

These are important questions, affecting a massive and growing industry that a growing portion of the population supports.  And yet, they’ve been completely unasked during this current debate about the future composition of the Court....

It’s impossible, of course, to say for sure whether other questions surrounding marijuana legalization will come to the Court, or in what form.  But it appears likely.  Even the intersection of banking law and drug policy is a messy thicket right now.  America’s slow burning experiment with marijuana reform raises many as yet unclarified legal issues.

And that’s why those who are interested in marijuana legalization should also want to know what Judge Brett Kavanaugh thinks about the host of legal questions that might ultimately decide its future.

As a political matter, there are few better cards for the Democratic Party to play.  According to Gallup, support for legalization has "risen from 12 percent in 1969 to 31 percent in 2000 to 64 percent in 2017."  Several other surveys reveal similar increases.  An April 2018 Quinnipiac poll shows support for marijuana legalization not only strong among Democrats (75 percent) but Independents as well (67 percent), and even 41 percent of Republicans.

Support remains strongest among millennials — a group that commentators have noted is crucial to Democrats’ performance in this November’s midterm elections — but it has also risen rapidly among all age groups and places.  This past June, Oklahoma — Oklahoma! — voted to legalize marijuana.

In an environment in which marijuana is salient to the Supreme Court and many voters, the fact that marijuana is not part of the effort to secure red and purple state Senate votes against Kavanaugh is a little perplexing.

Not least because it has already proven to be a topic that can compel lawmakers to act.  Senators with “the federalist position” on-marijuana includes progressives like Senators Cory Booker and Kirsten Gillibrand but also Republicans “Rand Paul, Lisa Murkowski, and Mike Lee.”

But no Senator better reflects the potential of the marijuana issue as a wedge than Colorado’s Cory Gardner.  Just last month, Gardner and Sen. Elizabeth Warren (D-MA) released a marijuana legislation reform bill to “give states the right to determine the best approach to marijuana within their borders.”  And for three months this winter, Gardner held up all Justice Department nominees in an effort to force Attorney General Sessions to agree to leave Colorado’s marijuana industry alone.

That display of spine was about as much as any Republican Senator has shown in attempting to restrain the Trump Administration to date.  But it also made sense.  Being viewed as a fighter for Colorado's right to legalize marijuana is likely pivotal to Gardner's political survival.  In 2014, Gardner won his seat in a GOP wave by a mere 2 points. In 2020, he will be facing an uphill battle since he holds the single most pro-Hillary Clinton seat of any Republican in the U.S. Senate....

Marijuana is not a staple of Supreme Court fights. The issue advocacy groups that focus on marijuana do not typically focus on the Supreme Court. And Cory Gardner is not a typical target for Democrats. But “typical” isn’t good enough. It is sadly clear that if progressive groups and Democrats rely exclusively on raising the same issues they raised in the Gorsuch “fight” in 2017, Kavanaugh will be confirmed easily.

Marijuana reform is one of the most important new political issues of this era and it’s about time Democrats and progressives take it seriously.

I do not think questions about marijuana will lead to "beating" Supreme Court nominee Brett Kavanaugh, but I do think it quite sound to urge Senators to ask Judge Kavanaugh about the range of federalism and personal freedom issues that surround modern marijuana reform.  In this post upon Justice Anthony Kennedy announcing his retirement, I asked "With Justice Kennedy now retiring and precedents being reversed, is it time for marijuana advocates to urge SCOTUS to reconsider Raich?".   Asking questions about Raich could be one of a number of ways to probe Judge Kavanaugh's views on these important topics.

July 30, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Political perspective on reforms, Who decides | Permalink | Comments (0)

Tuesday, July 24, 2018

Hooray for the proposed new "Marijuana Data Collection Act" ... but ...

Images (2)Tom Angell reports here at Forbes on the introduction of a new piece of federal legislation that I consider long overdue.   Here are the details:

The Marijuana Data Collection Act, introduced on Tuesday by Rep. Tulsi Gabbard (D-HI) and a bipartisan group of cosponsors, would direct the Department of Health and Human Services to partner with other federal and state government agencies to study "the effects of State legalized marijuana programs on the economy, public health, criminal justice and employment."...

If the legislation is enacted, the National Academy of Sciences would carry out the research and publish initial findings within 18 months, with follow-up reports to be issued every two years after that.

So far, the bill's backers seem to consist solely of those who support marijuana law reform, a situation that legalization advocates decried.  “This is not a marijuana bill, it is an information bill," Justin Strekal, political director for NORML, said in an interview.  "No member of Congress can intellectually justify opposition to this legislation. Our public policy needs to be based on sound data and science, not gut feelings or fear-mongering.  Approving the Marijuana Data Collection Act would provide legislators with reliable and fact-based information to help them decide what direction is most beneficial to society when it comes to marijuana policy.”...

Gabbard held a Tuesday morning press conference with other supporters, including lead GOP cosponsor Rep. Carlos Curbelo (R-FL) and former U.S. Attorneys Barry Grissom of Kansas and Bill Nettles of South Carolina. Other original cosponsors of the bill include Reps. Don Young (R-AK), Darren Soto (D-FL), Beto O’Rourke (D-TX), Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Matt Gaetz (R-FL), Peter DeFazio (D-OR), Eleanor Holmes Norton (D-DC), Dina Titus (D-NV), Charlie Crist (D-FL), Tom Garrett (R-VA), Lou Correa (D-CA), Barbara Lee (D-CA), Mark Pocan (D-WI) and Salud Carbajal (D-CA).

Here are the specific data points the bill directs federal officials to track:

REVENUES AND STATE ALLOCATIONS

The monetary amounts generated through revenues, taxes, and any other financial benefits. The purposes and relative amounts for which these funds were used. The total impact on the State and its budget.

MEDICINAL USE OF MARIJUANA

The rates of medicinal use among different population groups, including children, the elderly, veterans, and individuals with disabilities. The purpose of such use. Which medical conditions medical marijuana is most frequently purchased and used for.

SUBSTANCE USE

The rates of overdoses with opioids and other painkillers. The rates of admission in health care facilities, emergency rooms, and volunteer treatment facilities related to overdoses with opioids and other painkillers. The rates of opioid-related and other painkiller-related crimes to one’s self and to the community. The rates of opioid prescriptions and other pain killers.

IMPACTS ON CRIMINAL JUSTICE

The rates of marijuana-related arrests for possession, cultivation, and distribution, and of these arrests, the percentages that involved a secondary charge unrelated to marijuana possession, cultivation, or distribution, including the rates of such arrests on the Federal level, including the number of Federal prisoners so arrested, disaggregated by sex, age, race, and ethnicity of the prisoners; and the rates of such arrests on the State level, including the number of State prisoners so arrested, disaggregated by sex, age, race, and ethnicity. The rates of arrests and citations on the Federal and State levels related to teenage use of marijuana. The rates of arrests on the Federal and State levels for unlawful driving under the influence of a substance, and the rates of such arrests involving marijuana. The rates of marijuana-related prosecutions, court filings, and imprisonments. The total monetary amounts expended for marijuana-related enforcement, arrests, court filings and proceedings, and imprisonment before and after legalization, including Federal expenditures disaggregated according to whether the laws being enforced were Federal or State. The total number and rate of defendants in Federal criminal prosecutions asserting as a defense that their conduct was in compliance with applicable State law legalizing marijuana usage, and the effects of such assertions.

EMPLOYMENT

The amount of jobs created in each State, differentiating between direct and indirect employment. The amount of jobs expected to be created in the next 5 years, and in the next 10 years, as a result of the State’s marijuana industry.

Because I cannot yet find the full text of the bill on-line, I cannot yet provide a full informed opinion on its particulars.  I can say that I think a big, data-focused federal study of the impact of state marijuana reform is looooooooong overdue.  I was hopeful, but not optimistic, that Prez Obama might see the wisdom and political value of pushing for this kind of study effort after the issuance of the 2013 Cole Memo and after the 2014 election brought more states and DC into the recreational marijuana column.  But, sadly, we have been left largely with national number crunching by partisan advocates rather than government bean-counters for now two decades of ever-more-robust state-level reforms.

Based on Tom's description of the "Marijuana Data Collection Act," I am a bit concerned that there are not provisions likely to encourage pot prohibitionists to be supportive of this particular study effort.   The folks at SAM are often eager to stress data on black markets, increased use of marijuana by workers, increased hospital visits, increased homelessness, increased drugged driving, increased use by youths and young adults, environmental impacts,  and all sorts of other concerns (see, e.g., this SAM "lessons learned" report from March 2018).  It is unclear if these kinds of potentially negative data are fundamental parts of the inquiry imagined by Marijuana Data Collection Act.  If not, I doubt opponents of marijuana reform will want to sign on to this bill.

That said, even if the current version of the "Marijuana Data Collection Act" is in someway incomplete or one-sided, I hope a lot of folks on all sides of the marijuana reform debate will be inclined to try to make the bill better and get it passed.  I sincerely hope nobody disagrees with the notion that sound data and science is needed in this arena, and I sense both sides of the debate sincerely believe that the data, if fairly collected, will be on their side.  So maybe all can come together to really work toward trying to have all the data fairly collected (though I am not holding my breath).

July 24, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Monday, July 23, 2018

Pennsylvania auditor issues report extolling benefits of regulating and taxing marijuana

Press-release-placeholderLate last week the Auditor General of Pennsylvania released this notable report on “Regulating and Taxing Marijuana” that reads a bit more like an advocacy group's document than something that would emerge from a state government office.  But, as this press release about the report reveals, the Auditor General of PA seems real eager to have access to a new revenue source:

Auditor General Eugene DePasquale today said Pennsylvania is missing out on $581 million per year in revenue by not regulating and taxing marijuana — money that could fund critical initiatives that affect Pennsylvanians’ lives. “Repeated polls have shown that a majority of Americans now believe marijuana should be legalized.  In Pennsylvania, it’s 56 percent,” DePasquale said during a news conference with Pittsburgh Mayor William Peduto.

“Today, I’m releasing a special report that shows the staggering amount the state could reap in tax revenue if legislators simply did what their constituents want them to do: regulate and tax marijuana for adult use.”

The 14-page special report, “Regulating and Taxing Marijuana,” compiles national research data, which show that an average of 8.38 percent of the commonwealth’s adults (21 and older) currently use marijuana at least monthly — a total of 798,556 adults. In Colorado and Washington, where marijuana has been legal since 2012, adult users spend an average of $2,080 annually.  If Pennsylvania’s 798,556 adult users spent the same amount, they would create a $1.66 billion retail industry.

Assuming Pennsylvania taxed the growth, cultivation and sale of marijuana at 35 percent, the state would collect roughly $581 million in tax revenue annually. If Allegheny and Philadelphia counties were allowed to add 1-2 percent local tax, they could collect an additional $3.8 million and $6.9 million, respectively. “Imagine what that $581 million could mean for Pennsylvanians,” DePasquale said.  “Not only would it help balance the state budget, but it would also mean increases to initiatives that affect Pennsylvanians’ lives, such as greater access to opioid treatment and better health care access for veterans and children.”

DePasquale became the first statewide elected official to endorse regulating and taxing marijuana in March 2017. “With our neighboring states all looking at legalizing marijuana, now is the time for Pennsylvania to do the same,” DePasquale continued. “Legislators must act now so that we can be competitive and not lose potential revenue to other states.”

July 23, 2018 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues , Who decides | Permalink | Comments (0)

"Has the U.S. reached a ‘tipping point’ in marijuana legalization?"

Download (2)The question in the title of this post is the headline of this new Washington Post piece authored by Daniel J. Mallinson and A. Lee Hannah.  I recommend the full piece, and here are excerpts:

Has the U.S. reached the “tipping point” in marijuana legalization?  That’s what one CNN commentator said happened last month when, on June 26, Oklahoma adopted medical marijuana through a ballot initiative....

It’s true that a lot was unusual about the Oklahoma initiative.  The state approved medical marijuana with roughly 57 percent of the vote — despite the fact that the ballot measure was held in a conservative state, during a primary — when only the most committed party members tend to vote — rather than during a general election, is more permissive than many comparable laws, and was opposed by statewide Republican leaders....

Notably, Oklahoma’s voters approved medical marijuana directly, rather than through the legislature.  In our previous research, we found that five states legalizing medical marijuana via ballot initiatives between 1996 and 1999 helped legitimize the effort — and, beginning in 2000, a handful of legislatures followed suit.  Direct democracy is one important way that advocates successfully force the issue in some states — either through successful initiatives, as in Oklahoma, or through the threat of an initiative campaign, as in Ohio, where the legislature quickly passed a medical marijuana law to head off a 2016 initiative sponsored by Marijuana Policy Project.

As a result, as fewer and fewer of the remaining 20 states without any legal marijuana use have mechanisms for such direct referendums, it becomes less and less likely that those states will liberalize cannabis policy.  In that sense, perhaps Oklahoma is not a tipping point....

Direct democracy has furthered marijuana liberalization, assisted by changes in how advocates frame the issue.  Journalists and advocates have been drawing attention to recent research that shows the potential of medical cannabis to treat conditions like PTSD, epilepsy and opioid addiction.  This type of coverage serves to lift the stigma on marijuana use by presenting conditions and patients that are more relatable and sympathetic than treatment for other conditions, or than recreational use.

One of us, Lee Hannah, recently conducted a content analysis of news articles about medical marijuana stories by The Washington Post from 1995 (a year prior to California adopting the first program) to 2017 to determine whether this narrative shift was being seen in news coverage.  Hannah searched the newspaper archives and counted how many articles about medical marijuana were paired with specific medical conditions.

In the period from 1995 to 1999, The Washington Post ran 56 articles about medical marijuana that associated it with cancer, 73 articles that mentioned HIV/AIDS and only 7 articles associating medical marijuana with opioid addiction, epilepsy or PTSD.  That relative emphasis has flipped in the last five years.  The Post continued to make the connection to cancer, in 71 articles, but only 31 articles included HIV/AIDS.  Meanwhile, The Post ran 195 articles that connected medical cannabis to opioid addiction (71), epilepsy (83) or PTSD (41). The results were similar when analyzing coverage in the New York Times.

Some observers argue that evidence so far suggests other policy approaches are more successful than medical marijuana in treating opioid addiction.  But if interest groups can successfully persuade citizens that medical cannabis could help diminish the opioid crisis, conservative voters and state legislatures may be persuaded to make it available....

Whether Oklahoma’s new law is indeed a tipping point, changing public opinion and industry pressures seem to be pushing the federal government and the remaining states to make marijuana available for medical use — and probably, from there, recreational use as well.

July 23, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Political perspective on reforms, Who decides | Permalink | Comments (0)

Reviewing efforts to ensure marijuana reform is focused on criminal justice and social justice issues

Download (19)As long-time readers should know, much of my interest in modern marijuana reform emerged from my interest in criminal justice reform,  as well as from my frustration that many "traditional" approaches to criminal justice reform seem to move much more slowly than have many modern marijuana reforms.  Given this background, I have always been eager to see, and been most supportive of, proposals for marijuana reform that focus on criminal justice issues.  And this recent Stateline article, headlined "Marijuana Bills Increasingly Focus on Social Justice," effectively reports on encouraging developments in this arena. Here are excerpts from an extended article that should be read in full:

State lawmakers and advocates pushing to legalize marijuana this year aren’t just touting legalization as a way to raise tax revenue and regulate an underground pot market. They’re also talking about fixing a broken criminal justice system and reinvesting in poor and minority communities that have been battered by decades of the government’s war on drugs.

The focus on justice and equity has sharpened over time, longtime pot advocates say, as it’s become clear that such issues should be addressed and that doing so won’t alienate voters — most of whom, polls consistently show, support legal marijuana. Civil rights groups also have raised their voices in legalization discussions.

Now social justice provisions can be found in legalization proposals in both blue and red states, including several of the states where voters will face ballot measures on the issue in November. Social justice also is a talking point for opponents, who argue that allowing weed sales would hurt — not help — low-income and minority people....

Many state lawmakers say they back legalization because, first and foremost, it can be an opportunity to make changes to the criminal justice system and repair the harm done to groups disproportionately arrested for using the drug. “For me, the social justice piece of it is much larger than, I think, the taxing and regulating — although that is important,” said New York Assemblywoman Crystal Peoples-Stokes, a Democrat who represents part of the city of Buffalo and has put forward a bill to legalize weed....

California’s 2016 ballot initiative, which filled more than 60 pages and covered everything from rules for marijuana testing laboratories to expungement of marijuana crimes from criminal records.

The California initiative allowed people with drug convictions to obtain marijuana licenses. It set aside $10 million a year to pay for services such as job placement, legal help, and mental health and addiction treatment for residents of communities hit hard by former drug laws. Passed by 57 percent, the initiative’s success showed that voters support justice and equity provisions — or at least aren’t dissuaded by them...

Missouri has four pot legalization initiatives on the ballot this fall; three focus on allowing medical use of the drug and the fourth on recreational use. The recreational use initiative by Total Legalization, a volunteer operation that isn’t backed by national pro-weed groups, also would require prisoners incarcerated for nonviolent marijuana-related crimes to be released within 30 days and would expunge nonviolent marijuana-related criminal records. Becca Loane, a member of the board of directors for the campaign committee backing the initiative, said her team wants to legalize marijuana completely without waiting for the Legislature to work out the details. “It’s something that needs to be done.”

In North Dakota, a legalization ballot measure also would expunge the records of people with some marijuana-related convictions automatically. And in Michigan, a legalization ballot measure would require state lawmakers to encourage people in communities impacted by the war on drugs to participate in the marijuana industry....

The argument that marijuana legalization will help poor black and Latino people has been made vociferously in New York and New Jersey, where national groups that back legalization, such as the Drug Policy Alliance, have teamed up with clergy and civil rights groups.

New Jersey Gov. Phil Murphy, a Democrat, called marijuana legalization a social justice issue during his campaign last year. New York gubernatorial candidate Cynthia Nixon, also a Democrat, has said she supports legalization because “we have to stop putting people of color in jail for something that white people do with impunity.”...

Nearly two-thirds of black, Hispanic and multiracial people supported marijuana legalization, according to a Stockton University poll of New Jersey adults this spring. That was a higher share than support among white adults, according to a breakdown by race and ethnicity shared with Stateline.

July 23, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues | Permalink | Comments (0)

Prominent US Representative for Ohio now advocating that "marijuana should be legal in all 50 states"

220px-Rep._Tim_Ryan_Congressional_Head_Shot_2010CNN recently published this recent commentary advocating federal marijuana reform that is particularly notable because of its author: Tim Ryan, a Democrat representing Ohio's 13th congressional district who is co-chair of the House Addiction, Treatment, and Recovery Caucus (and who at least once had aspirations to be a party leader in the House). Here are excerpts from the commentary:

The year Donald Trump was elected President, more Americans were arrested for marijuana possession than for all violent crimes combined.  Moreover, the ACLU found that even though African-Americans use marijuana at similar rates to white Americans, they are almost four times more likely to be arrested for marijuana possession....

As co-chair of the House Addiction, Treatment, and Recovery Caucus, I've been hesitant to support legalizing marijuana in the past.  But after meeting with countless Ohio families and youth whose lives have been irreparably harmed by a marijuana arrest, I find the social and economic injustices of our marijuana policy too big to ignore.  I firmly believe no person should be sentenced to a lifetime of hardship because of a marijuana arrest. It is morally wrong and economically nonsensical.  That is why I am calling for an end to marijuana being used as an excuse to lock up our fellow Americans.

Marijuana should be legal in all 50 states. Across the country, nine states and the District of Columbia have passed laws legalizing marijuana.  Voters in Michigan and Oklahoma will be voting on marijuana initiatives this November, and efforts are underway in Missouri, Arizona, Nebraska and Utah to get legalization initiatives on the ballot. While I support these states for leading by example, this is an issue that affects every corner of our nation.  You should not be able to legally buy a product in one state, just to be arrested for the very same act in another.

Studies have shown that marijuana legalization could save $7.7 billion in averted enforcement costs and add $6 billion in additional tax revenue -- a $13.7 billion net savings.  Not to mention the reported 782,000 jobs it could create on day one.  Think of what our country could do with that money: rebuild our highways, bridges, and railroads; provide our communities with the resources they need to respond effectively to substance abuse and the opioid epidemic; and create jobs....

Congress can change this by passing the Marijuana Justice Act.  This legislation would remove marijuana's designation as a Schedule I drug -- those classified as having no accepted medical use and a high potential for abuse.  It would also eliminate all criminal penalties for an individual who imports, exports, manufacturers, distributes, or processes with intent to distribute marijuana.  To create economic opportunity in communities devastated by mass incarceration, the bill creates a $500 million community reinvestment fund to provide job training for the nascent legal cannabis industry.

The War on Drugs failed the American people. It is time for us to take the necessary steps to right our nation's wrongs.  We cannot afford to leave people behind and money on the table. If we are truly a nation that believes in second chances, our federal marijuana laws must change.  America is speaking. Congress must act.

July 23, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (3)

Tuesday, July 17, 2018

"Responsible Ohio: Successes, Failures, and the Future of Adult Marijuana Use in Ohio"

The title of this post is the title of this notable new article that was authored by Sean Klammer and got its start in my Marijuana Law and Policy seminar a few years ago. Here is the article's introduction:

On November 3, 2015, Ohioans went to the polls to vote on Issue 3, a ballot initiative to amend the Ohio Constitution to legalize adult marijuana use.  Though other states had legalized medicinal marijuana prior to eliminating prohibition, ResponsibleOhio, the political action committee (PAC) behind the initiative, believed it could skip this preliminary hurdle.  The group worked tirelessly for almost two years to ensure that Issue 3 would become law.  Had it succeeded, the organization would have possessed the blueprint to end prohibition in many other states, if not the entire country.  Yet, despite favorable polling in the months leading up to the election, it became clear that the PAC had miscalculated.  On election night, the initiative was soundly defeated, with Ohioans voting against legalization at a rate of two to one.  The State would have to wait until at least the 2016 presidential election to get another chance at legalization.

Part I of this Essay reviews the history and key players behind ResponsibleOhio as well as the initiative’s path to the ballot.  Part II summarizes the text of Issue 3 and assesses relevant provisions.  Parts III and IV highlight the debate between marijuana activists and prohibitionists, and Part V analyzes why the campaign was ultimately unsuccessful.  Part VI notes that even though Issue 3 did not pass, it led to acceptance of medical marijuana in Ohio and thus set the stage for full legalization in 2020.  Finally, the Essay concludes in Part VII with a reflection on the lessons learned from ResponsibleOhio and gives suggestions on how to best frame a marijuana legalization campaign to appeal to voters in the next presidential election.

July 17, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Friday, July 13, 2018

"Behind Schedule — Reconciling Federal and State Marijuana Policy"

Nejmp1804408_f1The title of this post is the title of this new Perspectives piece appearing in the The New England Journal of Medicine and authored by Rebecca Haffajee, Robert MacCoun and Michelle Mello. I recommend the piece highly in part because of its terrific graphic under the heading "U.S. Marijuana Policy Milestones, 1970–2018." Here is part of its text:

The present state of conflicting laws seems unstable and suboptimal for rational drug control. Federal regulation that accommodates and reinforces state medical marijuana regulatory regimes would result in a safer, more reliable, more accessible supply of marijuana products. Congress, because it answers to the people and represents the states, appears the most likely branch to move on marijuana policy; it could even be encouraged to act by Canada’s recent legalization of recreational marijuana.  Federal courts are increasingly hearing challenges to marijuana’s Schedule I status but have so far been unwilling to deem Congress’s scheduling determination irrational and therefore unconstitutional.

In Congress, rescheduling marijuana by amending the CSA is one attractive option.  The executive branch, too, can reschedule CSA substances, but the mechanisms are time consuming and unlikely to attract interest within the current administration.  Because considerable evidence now supports marijuana’s therapeutic benefits in reducing chronic pain, nausea, and vomiting in patients with cancer, as well as multiple sclerosis–related muscle spasms, there is a compelling argument that marijuana is more appropriately designated as a Schedule II or Schedule III drug.  Rescheduling would facilitate further study of products for FDA approval, but would not automatically change the severity of penalties for marijuana crimes or alter international treaty obligations, enshrined in the CSA, to ensure that all psychoactive substances are used only for legitimate medical and scientific purposes.

Congress could also remove marijuana from the CSA schedules altogether. This dramatic action could be coupled with legislation authorizing FDA oversight of marijuana products. Whether marijuana’s psychoactive effects preclude this move away from regulation as a controlled substance would provoke considerable debate. Subjecting marijuana products to FDA approval would hinder access initially but ultimately foster a robust system for regulation and research. FDA oversight of marketing would also improve product safety and consistent promotion across states.

The [proposed] legislation [sponsored by Senators Gardner and Warren] represents a third option designed to respect states’ rights — codifying the approach articulated in the Cole Memorandum by amending the CSA to exempt marijuana activities that are lawful in the jurisdiction where they occur. This solution would be more permanent than attorney-general guidance or agreements between states and the attorney general regarding enforcement, which shift with the political winds, and would therefore promote stability for medical users and suppliers. But it would not facilitate research into marijuana harms and benefits, bring products within the FDA’s purview to ensure safety and efficacy, alleviate interstate health risks, or address potential conflicts with international treaty obligations.

We think this third option, which addresses some pressing conflict-of-law concerns such as unpredictable criminal enforcement, is preferable to the current blurred vision of the future of marijuana policy.  Ultimately, a more comprehensive federal regime that perhaps resembles Canada’s recent legalization of recreational marijuana could affirmatively promote health and safety through research and regulation.

July 13, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (2)

Michigan press suggesting state has a lot to learn from the Colorado marijuana reform laboratory

MIvotersRec_BEver since Election Night 2012 once it was clear that voters in Colorado and Washington were eager to pioneer a new approach, my thinking about marijuana reform always gravitates back to Supreme Court Justice Louis Brandeis famous description of the virtues of federalism in terms of a state being able to, "if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."  Part of serving as an effectively "laboratory" in this context, of course, is having result from a "novel social and economic experiments" that other states can seek to learn from.  

The point of this post prelude is to compliment a big new series of articles in the Detroit Free Press a few months before Michigan voters will be asked to decide whether to embrace full marijuana legalization in the state.  The lead article in this series, the first of those linked below, sets up the start of its learn and compare coverage with this note: "With Michigan having nearly double the population of Colorado — 9.9 million to 5.6 million — and an already well-established market of 289,205 medical marijuana cardholders, both supporters and opponents of legalizing marijuana wonder (and worry) whether Michigan is on the same path as Colorado."

What Michigan needs to learn from Colorado's legalized marijuana

5 things I found surprising about legal marijuana in Colorado

How Michigan's marijuana proposal differs from Colorado law

Legalize marijuana? Advice for Michigan from Colorado

I recommend all the pieces in this series, but the "5 surprising things" piece has these not-so-surprising questions from a reporter after a Denver visit (click through for the "answers" though I have reprinted the final one)

Where’s the fire?

Where’s the money?

Where’s the advertising?

Where are the baggies?

Where, oh where, is the outrage or the joy?

Marijuana has become second nature for Colorado: Everyone seems kind of blasé about the proliferation of pot in the state. No one seems particularly up in arms about the legalization or overjoyed by the success of the business. The state bureaucrats say it’s too early to say whether the presence of legal weed is a nightmare or a boon for the state’s economy and the police say there’s not much difference — and not much of a spike in crashes — between a driver impaired by booze or one high on marijuana. The businesspeople are happy with their still relatively new industry, but plagued by the uncertainty of how marijuana is treated by the federal government.

July 13, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, July 11, 2018

Lots of notable new pieces examining (just some of) the dynamic modern politics of marijuana reform

As regular readers likely know, I find the modern politics of modern marijuana reform fascinating. And I still believe too few people have given enough consideration to how the modern politics of modern marijuana reform may have significantly impact the 2016 election (as I discussed in a long-ago post "Voter math suggests a possible Hillary landslide IF she had championed marijuana reform").  But a raft of new press pieces has me believing that a lot more people are finally coming to believe that marijuana reform is a big issue in modern political analysis.  Specifically, three interesting article were published just this week with intricate political analysis, and here are links/snippets:

From The Hill, "Marijuana politics evolving in red states":

Supporters and opponents of legalizing marijuana are preparing to fight over ballot measures in half a dozen states this year, shifting the political battleground away from traditionally liberal states and into some of the country’s most conservative areas.  Two measures are already scheduled to appear on November ballots: Michigan voters will decide whether to become the ninth state to legalize marijuana for recreational purposes, while the electorate in Utah will choose whether to join 22 other states by legalizing pot for medical use.

In Missouri, as many as three separate measures could make the ballot. Supporters have submitted signatures for both medical and recreational regimes that will now be inspected by the secretary of state’s office.  Oklahoma, which voted last month to legalize medical marijuana, could see a ballot measure to approve a recreational scheme as well.  Legalization measures are also circulating in Arizona, Nebraska and North Dakota. Supporters in Ohio are trying for a second time to qualify for the ballot, in 2019....

The shifting battlefield, away from liberal coastal states and into more traditionally swing and red states like Michigan, Ohio and Oklahoma, illustrates the unusual coalitions of support on which each side relies.  Far from the traditional conservative-liberal split that divides modern politics, older men and younger progressives tend to favor legalization, while women with children — typically guaranteed Democratic voters — tend to harbor doubts.

From Politico, "Could Legal Marijuana Tip the Senate for Democrats?"

“I think what it means is how far along this issue has evolved just over the last couple of years,” said Ben Pollara, a Democratic strategist who has worked for [Florida Senator Bill] Nelson on his last two campaigns and served as campaign manager for the medical marijuana initiative since 2014.  “It’s gotten to a point where somebody on the moderate-conservative end of the Democratic spectrum like Bill Nelson is not just coming out for medical marijuana but getting involved in a political fight and saying people ought to be able to smoke this stuff. It is no longer an issue with political downside; it’s an issue with almost entirely political upside.”

That’s a calculation that is playing out in a handful of tight Senate races this year, where an issue that has 68 percent support (for full legalization; 91 percent for medical marijuana) offers a way for cautious moderates in red states — Democratic Senators Claire McCaskill in Missouri and Heidi Heitkamp in North Dakota, for example, both of whom could share the ballot with marijuana initiatives in November — to shore up support from the liberal wing of their party.  In states like Nevada, where marijuana is already fully legal, it gives Democratic challengers like Jacky Rosen a ready coalition of bipartisan supporters.

From Forbes, "Why President Trump Is Positioned To Be Marijuana's Great Savior & How The Democrats Blew It"

President Trump, whether premeditated or not, is putting himself in a position to make history by becoming the U.S. president who reversed a nearly century-long policy of marijuana prohibition and, in so doing, reap the political spoils of taking on the mantle of “the legalization president.”

This idea is not so far-fetched. Trump has every reason politically to become an unlikely champion of marijuana legalization. Given the overwhelming public support of the issue, legalizing marijuana will certainly improve his chances of reelection in 2020. If he does, the Democrats will have nobody to blame but themselves.

Talk of President Trump’s potential support picked up steam in early June when he stated that he would “probably" support the STATES Act, a new bipartisan bill introduced by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA) that would exempt legal state-licensed cannabis businesses from the Controlled Substances Act, eliminating the fear of federal prosecution, as well as banking and tax issues that currently plague the industry.

July 11, 2018 in Campaigns, elections and public officials concerning reforms, Political perspective on reforms, Who decides | Permalink | Comments (0)

Monday, July 2, 2018

Could North Dakota(!?!) fully legalize marijuana via ballot initiative this year?

Download (16)The question in the title of this post is prompted by this interesting recent posting at Marijuana Moment titled "How North Dakota Could Fully Legalize Marijuana In November. Here are excerpts:

Under an effort that has so far gone mostly unnoticed by drug policy reform observers across the country, North Dakota voters could have the chance to approve a ballot initiative in November that would fully legalize marijuana and create a pathway to exonerations for those with past cannabis convictions.

Just two years ago, North Dakota voters passed a medical marijuana legalization measure with 64 percent support.  But the program’s rollout hasn’t been smooth — leaving prospective patients without access to dispensaries and barred from home cultivation — and so a small team of anti-prohibition organizers at Legalize ND decided to write a new initiative to help patients and adults consume and grow cannabis freely.

The organization hasn’t received financial backing from national advocacy groups such as the Marijuana Policy Project or the Drug Policy Alliance, Eric Owens Sr., who wrote the initiative, told Marijuana Moment in an interview.  Instead, it’s relied on a steady flow of grassroots support and word-of-mouth to collect signatures in support of the measure.  Owens said Legalize ND has collected more than 16,000 signatures so far, but the group is expecting to turn in about 20,000 to the North Dakota Secretary of State’s office on July 9.

The state requires 13,452 valid signatures from registered voters in order to qualify for the ballot. The signatures must first be verified before the initiative officially qualifies. “We’re thousands over the required amount,” Owens said.  “When people talk about grassroots, this really, legitimately was grassroots. Nobody was there because nobody cared about us in North Dakota.”...

It’s going to be an uphill battle for Legalize ND, which is expecting to face opposition from one of the largest employers in the state, Sanford Health, as well as the highway patrol and the prosecutors association.  That said, internal polling from the organization indicates strong support for the initiative, Owens said.  “We don’t have money to fight them with TV or radio, we’re just going to be common sense and let people know through social media.  The people — plain and simple — they got screwed out of their medical marijuana and they want revenge.”

Though North Dakota might not seem the most likely contender to become one of the next states to fully legalize marijuana, voters elsewhere have already delivered cannabis reform surprises in 2018: Oklahomans approved a measure to legalize medical marijuana [in late June]....

Local political commentator Rob Fort predicted in a column this week that “barring some major problem with the petitions this issue should be on the ballot.”

I still think is was a very big deal that last week voters in deep-red Oklahoma overwhelmingly approved a broad medical marijuana ballot initiative (details here and here). But if voters in deep-red North Dakota were to this year approve a recreational marijuana reform initiative, I suspect that even folks like Jeff Sessions and Kevin Sabet would see the political inevitability of nationwide marijuana reforms.

Of course, with limited funding and significant in-state opposition, I would be inclined to predict that a full ballot initiative would fail in North Dakota. Polls generally show roughly a 50/50 split on support for full legalization among more conservative voters, whereas medical marijuana is usually support 3 to 1 in this group. But I have to think a very thoughtful campaign could stress not only the thwarting of the will of the voters on medical marijuana, but also the coming of full legalization regimes in Canada (which is just a couple of hours drive from just about every major ND city). Perhaps a kind of "Blame Canada" campaign could help carry a full legalization initiative in this unique context.

July 2, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, June 28, 2018

Highlighting how extraordinary the approval of medical marijuana was in Oklahoma

OK-Yes-788Over at Marijuana Moment, Kyle Jaeger has this terrific new piece reflecting on the extraordinary dynamics surrounding the vote on Tuesday in Oklahoma approving a medical marijuana initiative. I recommend the piece in full, and here are excerpts:

Voters in one of the reddest states in the nation approved one of the most far-reaching marijuana ballot measures on Tuesday, making Oklahoma the 30th state to legalize medical cannabis.

And while advocates and pro-legalization organizers in the state will tell you they weren’t necessarily surprised by the results — with polls consistently showing majority support in the lead-up to Tuesday’s vote, for example — the initiative’s passage by a wide margin (57 percent to 43 percent) is still extraordinary.

In part, that’s because of the political landscape of Oklahoma. The state hasn’t voted for a Democratic presidential candidate since 1964, and its marijuana laws have historically reflected a staunch, prohibitionist mindset. Just four years ago, getting caught consuming cannabis in public twice could land you in prison for up to a decade.

But perhaps even more impressively, the initiative was decisively approved—during a midterm primary election—in spite of the fact that committees in support of State Question 788 were outspent by committees opposed to the measure six-to-one. According to the latest campaign finance records, Oklahomans for Health, which played a leading role in support of the initiative, and Yes On 788 spent a total of about $155,000 during their campaigns based on the latest campaign finance disclosure statements submitted June 26.

Committees opposed to the initiative, Oklahomans Against 788 and SQ Is NOT Medical spent a total of about $920,500 on their anti-legalization campaigns, some of which was used for television advertising against the measure. Supporters, on the other hand, did not have enough funds to go on the air with their message.

Chip Paul, chairman of Oklahomans for Health, told Marijuana Moment that the group’s minimal spending “speaks volume for liberty, freedom, unity… because Oklahoma united around this and made it happen.”...

Unlike pro-legalization campaign committees advancing reform bids in many past state-level elections, Oklahomans for Health did not receive financial contributions from national advocacy groups such as Marijuana Policy Project or the Drug Policy Alliance. Paul said it was better that way because “it means more if we do this for $0 or $10,000.”

Another element of the group’s campaign efforts involved strategically avoiding divisive, partisan politics. While the initiative itself has been characterized as “liberal” because it doesn’t include a list of limited medical conditions that qualify individuals for cannabis, the issue at hand is increasingly bipartisan. A recent survey from the progressive think tank Center for American Progress found a record 68 percent of Americans favor recreational legalization, including 57 percent of Republicans. Support for medical marijuana legalization is even higher, with 93 percent of Americans in agreement that patients should be able to legally access the plant. “For the most, we’ve managed to rise above things that would divide us,” Paul said.

June 28, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, June 27, 2018

Senate minority leader Charles Schumer introduces "Marijuana Freedom and Opportunity Act"

220px-Chuck_Schumer_official_photoAs reported in this press release, "Senate Democratic Leader Chuck Schumer (D-NY) today formally introduced new legislation to decriminalize marijuana at the federal level."  Here is more from the press release, with its links to the proposed legislation:

Specifically, the Marijuana Freedom and Opportunity Act removes marijuana from the list of scheduled substances under the Controlled Substances Act, effectively decriminalizing it at the federal level.  The legislation allows states to continue to function as laboratories of democracy and ultimately decide how they will treat marijuana possession.  The legislation, however, does not change federal authorities’ ability to prevent trafficking from states where marijuana is legal to states where is not.  The bill also preserves the federal government’s ability to regulate marijuana advertising -- just as it does tobacco -- so that advertisers cannot target children.  Schumer has long advocated for states’ rights when it comes to medical marijuana.

Leader Schumer’s new legislation also takes steps to help communities that have been disproportionally affected by our current marijuana laws.  The bill includes authorization of grant programs designed to encourage states and local governments to allow individuals to seal or expunge marijuana possession conviction records, and it creates a new funding stream to help ensure that women and minority entrepreneurs have access to the new marijuana industries in their states.  The bill also makes new investments in research to fully understand the effect of THC on both driving and public health – particularly in adolescents.  

Leader Schumer’s Marijuana Freedom and Opportunity Act is cosponsored by Senators Bernie Sanders (I-VT), Tim Kaine (D-VA) and Tammy Duckworth (D-IL).... 

A fact sheet on the Marijuana Freedom and Opportunity Act can be viewed here. The full text of the Marijuana Freedom and Opportunity Act can be viewed here. A section-by-section summary of the Marijuana Freedom and Opportunity Act can be found here.

Specifically, Leader Schumer’s new legislation would:

  • Decriminalize Marijuana: The legislation would decriminalize marijuana at the federal level by descheduling it, which means removing marijuana from the list of scheduled substances under the U.S. Controlled Substances Act of 1970;
  • Respect States’ Rights: The legislation would maintain federal law enforcement’s authority to prevent marijuana trafficking from states that have legalized marijuana to those that have not;
  • Level The Economic Playing Field: The legislation would establish dedicated funding streams to be administered by the Small Business Administration (SBA) for women and minority-owned marijuana businesses that would be determinant on a reasonable estimate of the total amount of revenue generated by the marijuana industry;
  • Ensure Public Safety: The legislation would authorize $250 million over five years for targeted investments in highway safety research to ensure federal agencies have the resources they need to assess the pitfalls of driving under the influence of THC and develop technology to reliably measure impairment;
  • Invest In Public Health: The legislation would invest $500 million across five years for the Secretary of Health and Human Services to work in close coordination with the Director of National Institutes of Health (NIH) and the Commissioner of Food and Drug Administration (FDA) in order to better understand the impact of marijuana, including the effects of THC on the human brain and the efficacy of marijuana as a treatment for specific ailments;
  • Protect Children: The legislation would maintain the Department of Treasury’s authority to regulate marijuana advertising in the same way it does tobacco advertising to ensure the marijuana businesses aren’t allowed to target children in their advertisements. The bill also allows the agency to impose penalties in the case of violations;
  • Incentive sealing and Expungement programs: The legislation authorizes grant programs to encourage state and local governments to administer, adopt, or enhance expungement or sealing programs for marijuana possession convictions. The bill provides $100 million over five years to the DOJ to carry out this purpose. 

This is big news not only because it provides still further evidence that "establishment Democrats" are now fully behind federal marijuana reform, but also because Senator Schumer is positioned to be the House majority leader if Democrats retake control of the Senate in either 2018 or 2020. If that happens, Senator Schumer presumably would be most interesting in having his version of marijuana reform considered first among all the competing bills now floating about.

June 27, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)