Friday, September 23, 2016
Are all opponents of marijuana reform ultimately suspicious and critical of capitalism and free markets?
The question in the title of this post came to my mind as I started heading this morning the great book I first flagged here at my sentencing blog: Harvard historian Lisa McGirr's The War on Alcohol: Prohibition and the Rise of the American State. The start of the book highlights how many early alcohol Prohibitionist were much more troubled by and focused on the "liquor trade" and "liquor trafficking" rather than just individuals drinking.
I see, of course, a huge parallel in this sense to the leading modern anti-marijuana-reform group, Smart Approaches to Marijuana (SAM), which repeatedly claims that its advocacy is not driven by support for blanket marijuana prohibition enforced by criminal sanctions, but rather is just concerned about the creation of a legal "Big Marijuana" industry. As SAM explains here at its website:
People often ask us what our biggest fear of legalization is. The answer is simple: Big Pot....
The tobacco and alcohol industries follow similar patterns while hawking their legal, addictive substances. And we know how that story ends: money-hungry industries, targeting the vulnerable, will stop at nothing to increase addiction and profit. Why on earth would we want to repeat that debacle with cannabis?
I bring this up because I have long said and long believed that my affinity for and support of marijuana reform is part of a "conservative" commitment not only to personal liberty but also to capitalism and free markets. Though I fully understand and respect concerns about the long-term political and practical impact of "Big Marijuana" (and/or Big Pharma and/or Big Oil and/or Big Google), I still firmly believe the long-term political and practical impact of Big Government is and should be more worrisome at least to those who are fans of capitalism and free markets. Ergo, I think it is fair to at least suggest that all opponents of marijuana reform (and even a good number of marijuana reform supporters) are likely fundamentally suspicious and critical of capitalism and free markets.
September 23, 2016 in History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)
Saturday, August 20, 2016
The question in the title of this post is the headline of this notable New Republic piece authored by lawprof Ryan Stoa, which answers the questionwith a "no" and gets started this way (with links from the original):
In November, voters in as many as 12 states will see a marijuana legalization initiative on their ballots. Marijuana is already legal for recreational use in Alaska, Colorado, Oregon, Washington and Washington, D.C. Another 25 states have legalized medical marijuana. The era of marijuana prohibition is rapidly coming to a close.
Unfortunately, lawmakers lack easy answers to tough questions facing the marijuana industry. Legalization presents challenges on a number of fronts, including distribution, taxation, consumption, security and public health.
In a recent article, I argue that the agricultural sector of the marijuana industry also presents a number of challenges. One paramount question looms over the rest: Will marijuana agriculture become consolidated, with “Big Marijuana” companies producing vast quantities of indistinct marijuana? Or, will small-scale farmers thrive by producing unique and local marijuana strains?
My research shows that Big Marijuana is not inevitable. On the contrary, a local, sustainable, small-scale farming future is entirely within reach.
August 20, 2016 in Business laws and regulatory issues, History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)
Sunday, June 19, 2016
Regular readers perhaps growing bored of hearing me sing the praises of the work being done by the The Brookings Institution on the legal, political and social realities surrounding modern marijuana reform. But two great new Brookings papers (along with this live event about the papers) ensures that I will be continuing to talk about the must-read materials the folks there are continuing to produce. Here are links to the two papers and the summaries provided by Brookings:
Worry about bad marijuana — not Big Marijuana by John Hudak and Jonathan Rauch
Many critics and proponents of marijuana legalization alike have voiced concerns about the potential emergence of Big Marijuana, a corporate lobby akin to Big Tobacco that recklessly pursues profits and wields sufficient clout to shape regulation to its liking.
Although marijuana remains illegal under federal law, medical and/or recreational marijuana is now legal in more than two dozen states. As the federal government has largely tolerated state legalization, corporate capital and muscle have begun moving in on these new state markets. Such commercialization raises a new set of concerns about how industry dynamics may impact consumer behavior and potentially incur social costs.
In their new paper, “Worry about bad marijuana—not Big Marijuana,” John Hudak and Jonathan Rauch argue against alarmism. In analyzing the likely implications of the corporatization of marijuana, they conclude the following:
The marijuana industry will remain a diverse one even as large corporations emerge. The Big Marijuana rubric is more misleading than helpful as a guide to policy because it oversimplifies and stereotypes what is in reality a continuum of business scales and structures.
The marijuana industry is very unlikely to transform into something that looks like Big Tobacco during its notorious heyday. It is more likely that a commercial and regulatory model would look like the one governing alcohol, which is regulated primarily at the state level, combines mandatory with voluntary measures to police industry conduct, does a credible job of preventing antisocial and abusive commercial behavior, and has proven stable over time and broadly acceptable to the public and the industry.
Intelligently regulated and managed, Big Marijuana can be part of the solution. Corporatization, though not without its hazards, has considerable upsides. It brings advantages in terms of public accountability and regulatory compliance, product safety and reliability, market stability, and business professionalism.
Policy should concern itself with harmful practices, not with industry structure, and it should begin with a presumption of neutrality on issues of corporate size and market structure. Attempts to block corporatization are likely to backfire or fail. For policymakers, the concern should be bad marijuana, not big marijuana.
Bootleggers, Baptists, bureaucrats, and bongs: How special interests will shape marijuana legalization by Jonathan Rauch and Philip Wallach
Where there are markets, regulations, and money, special interests and self-serving behavior will not be far away. So argue Philip Wallach and Jonathan Rauch in this new paper that examines how special interests are likely to shape marijuana legalization and regulation in the United States.
Why did legalization of marijuana break through in the face of what had long been overwhelming interest-group resistance? In a post-disruption world, how might key social and bureaucratic actors reorganize and reassert themselves? As legalization ushers in a “new normal” of marijuana-related regulation and lobbying, what kinds of pitfalls and opportunities lie ahead? In this paper, Wallach and Rauch address those questions through the prism of what political economists often call the theory of public choice—the study of how interest groups and bureaucratic incentives influence policy outcomes. Their conclusions include:
For many years, the marijuana-policy debate was dominated by an “iron triangle” of anti-legalization interests: moralists and public-health advocates who believe marijuana use is wrong or harmful; commercial and gray-market interests with stakes in drug treatment and medical marijuana; and law-enforcement and quasi-governmental entities whose budgets and missions are sustained by the war on drugs. Those interests’ combined firepower stunted change even as public support for marijuana prohibition softened.
To make possible the wholesale disruption that has happened with marijuana legalization, public opinion change was necessary, but it was not sufficient. Also required was the disruption of the iron triangle. That was accomplished in the late 2000s through a shrewdly crafted campaign of “asymmetric warfare” that aimed money and argumentation at the incumbent coalition’s weakest points. In particular, reformers shifted the public’s focus from harms of marijuana use to harms of marijuana criminalization.
The rise of commercial marijuana interests and a potentially controversial “marijuana lobby” may impede legalization’s momentum as its opponents change the subject once again, from harms of criminalization to harms of corporate predation.
The present disrupted regulatory environment is unlikely to last. Old prohibitionist interests are discombobulated and new commercial-marijuana interests are still getting organized, giving legalizing states a degree of regulatory freedom which is exceptional but probably not durable. Over time, multiple interests will coalesce and colonize the regulatory process.
Despite widely touted concern that one or more disproportionately powerful players will dominate the regulatory system, regulatory incoherence should be a greater concern than regulatory capture. As policymakers increasingly need to navigate complex and conflicting interest-group politics, the result is at least as likely to be overregulation and misregulation as it is to be systematic underregulation.
June 19, 2016 in Business laws and regulatory issues, History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)
Tuesday, April 5, 2016
As students in my semester-long OSU Moritz College of Law seminar on marijuana laws and reform continue assembling readings on particular topics in preparation for an in-class presentation/discussion, this week we have a student taking a deep dive into marijuana propaganda past and present. Here are links to assembled resources and his summaries:
This article provides a good timeline of early Marijuana propaganda and identifies some of the common themes underlying public marijuana education through the 1950s. It also discusses the themes of racism underlying early marijuana advertising.
Identifying the changing themes of government propaganda over the years. Beginning with violent crime, shifting to laziness, health concerns, gateway drugs, and eventually focusing on youth access to marijuana in the modern day. This article showcases the ways that government sponsored marijuana education has changed over the years as public perception of the drug also changes.
A Pew Research study showcasing attitudes towards marijuana based on age. A correlation can be drawn between reasons that a certain age group opposes legalization and the messages presented during their time. The Silent Generation who was coming of age during Reefer Madness opposes legalization because of the perceived violent nature of marijuana, while members of Gen X oppose legalization because of the perceived health risks presented by marijuana. A relation to their exposure to the “Your Brain on Drugs” campaign during the ‘80s.
Finally, a video I edited to try and capture the essential themes and messages presented in both Reefer Madness and Ten Nights in a Bar Room. The two films have been edited down to try and present only the biggest anti-marijuana/alcohol themes in the movies. If fellow classmates would like a brief introduction to what marijuana education looked like in the ‘30s I would hope this properly captures and showcases the political climate at the time.
April 5, 2016 in Assembled readings on specific topics, History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Tuesday, September 1, 2015
Latest survey data shows marijuana use up, while other drug and alcohol use down, on college campuses
This news release from the University of Michigan, which reports on new data from its Monitoring the Future study, provides some evidence to support the notion that marijuana reform movements and other social factor may be lead college students to use more marijuana while also using less other illicit and licit drugs. Here is some of the interesting new data via the press release:
Daily marijuana use among the nation's college students is on the rise, surpassing daily cigarette smoking for the first time in 2014. A series of national surveys of U.S. college students, as part of the University of Michigan's Monitoring the Future study, shows that marijuana use has been growing slowly on the nation's campuses since 2006.
Daily or near-daily marijuana use was reported by 5.9 percent of college students in 2014 — the highest rate since 1980, the first year that complete college data were available in the study. This rate of use is up from 3.5 percent in 2007. In other words, one in every 17 college students is smoking marijuana on a daily or near-daily basis, defined as use on 20 or more occasions in the prior 30 days....
In sum, quite a number of drugs have been fading in popularity on U.S. college campuses in recent years, and a similar pattern is found among youth who do not attend college. Two of the newer drugs, synthetic marijuana and salvia, have shown steep declines in use. Other drugs are showing more gradual declines, including narcotic drugs other than heroin, sedatives and tranquilizers — all used non-medically — as well as inhalants and hallucinogens....
While 63 percent of college students in 2014 said that they have had an alcoholic beverage at least once in the prior 30 days, that figure is down a bit from 67 percent in 2000 and down considerably from 82 percent in 1981. The proportion of the nation's college students saying they have been drunk in the past 30 days was 43 percent in 2014, down some from 48 percent in 2006.
Occasions of heavy or binge drinking — here defined as having five or more drinks in a row on at least one occasion in the prior two weeks — have consistently had a higher prevalence among college students than among their fellow high school classmates who are not in college.
Still, between 1980 and 2014, college students' rates of such drinking declined 9 percentage points from 44 percent to 35 percent, while their non-college peers declined 12 percentage points from 41 percent to 29 percent, and high school seniors' rates declined 22 percentage points from 41 percent to 19 percent....
Cigarette smoking continued to decline among the nation's college students in 2014, when 13 percent said they had smoked one or more cigarettes in the prior 30 days, down from 14 percent in 2013 and from the recent high of 31 percent in 1999—a decline of more than half. As for daily smoking, only 5 percent indicated smoking at that level, compared with 19 percent in 1999 — a drop of nearly three fourths in the number of college students smoking daily.
Thursday, May 14, 2015
The title of this post is the headline of this new Jacob Sullum commentary at Forbes. Here are excerpts:
[N]o one should pretend that marijuana prohibition was carefully considered or that it was driven by science, as opposed to ignorance and blind prejudice. It is hard to rationally explain why Congress, less than four years after Americans had emphatically rejected alcohol prohibition, thought it was a good idea to ban a recreational intoxicant that is considerably less dangerous.
It is relatively easy, for example, to die from acute alcohol poisoning, since the ratio of the lethal dose to the dose that gives you a nice buzz is about 10 to 1. According to the U.S. Centers for Disease Control and Prevention (CDC), about 2,200 Americans die from alcohol overdoses each year. By contrast, there has never been a documented human death from a marijuana overdose. Based on extrapolations from animal studies, the ratio of the drug’s lethal dose to its effective dose is something like 40,000 to 1.
There is also a big difference between marijuana and alcohol when it comes to the long-term effects of excessive consumption. Alcoholics suffer gross organ damage of a kind that is not seen even in the heaviest pot smokers, affecting the liver, brain, pancreas, kidneys, and stomach. The CDC attributes more than 38,000 deaths a year to three dozen chronic conditions caused or aggravated by alcohol abuse.
Another 12,500 alcohol-related deaths in the CDC’s tally occur in traffic accidents, and marijuana also has an advantage on that score. Although laboratory studies indicate that marijuana can impair driving ability, its effects are not nearly as dramatic as alcohol’s. In fact, marijuana’s impact on traffic safety is so subtle that it is difficult to measure in the real world....
Even if marijuana prohibition were consistent with science and the Constitution, it would be inconsistent with basic principles of morality. It is patently unfair to treat marijuana merchants like criminals while treating liquor dealers like legitimate businessmen, especially in light of the two drugs’ relative hazards. It is equally perverse to arrest cannabis consumers while leaving drinkers unmolested.
Peaceful activities such as growing a plant or selling its produce cannot justify the violence that is required to enforce prohibition. In the name of stopping people from getting high, police officers routinely commit acts that would be universally recognized as assault, burglary, theft, kidnapping, and even murder were it not for laws that draw arbitrary lines between psychoactive substances.
Friday, May 8, 2015
The title of this post is the title of this short paper authored by researchers from Johns Hopkins University and published in the journal Pediatrics. Here is a excerpt that highlights the paper's coverage:
Legalization of marijuana for recreational use among adults could significantly increase access to the drug among youth and is a growing concern for pediatric health in the United States. In a January 2015 policy statement, the American Academy of Pediatrics (AAP) reaffirmed its opposition to legalization of recreational marijuana because of potential harms to youth. Alongside efforts to promote prevention and treatment, it advocated for decriminalization (reducing criminal penalties for marijuana possession) to reduce adverse effects of felony convictions on youth, especially minorities....
Experiences with tobacco and alcohol provide context for building a strong regulatory environment and offer 4 priorities for recreational marijuana regulation (summarized in Table 1) that could help advance the AAP’s goals of protecting child and adolescent health.
Monday, February 23, 2015
What might be the modern public health story if marijuana had been kept legal and tobacco cigarettes widely banned?
Students in my marijuana seminar know that I think there is much to think about and learn from the history of (alcohol) Prohibition in the United States and the history of marijuana prohibition. But I have now learned from this fascinating new Jacob Sullum piece that there was an interesting US history surrounding cigarette prohibition that also should be a lesson for modern marijuana advocates. The lengthy Sullum piece, which is headlined "Today's Pothead Is Yesterday's Cigarette Fiend," should be read in full, but these passages are what engendered the question in the title of this post:
At first the anti-cigarette campaign, which had close ties to the temperance movement, focused on restricting children's access. By 1890, 26 states had passed laws forbidding cigarette sales to minors, but many children continued to smoke. Led by Lucy Page Gaston, a former teacher from Illinois whose career as a social reformer began in the Woman's Christian Temperance Union, the anti-cigarette crusaders next insisted that complete prohibition was necessary to protect the youth of America. Between 1893 and 1921, 14 states and one territory (Oklahoma) enacted laws banning the sale of cigarettes, and in some cases possession as well.
Upholding Tennessee's ban in 1898, the state Supreme Court declared that cigarettes "are wholly noxious and deleterious to health. Their use is always harmful; never beneficial. They possess no virtue, but are inherently bad, bad only. They find no true commendation for merit or usefulness in any sphere. On the contrary, they are widely condemned as pernicious altogether. Beyond any question, their every tendency is toward the impairment of physical health and mental vigor."
In contrast to contemporary anti-smoking activists, who talk almost exclusively about the habit's effect on the body, early critics of the cigarette were just as concerned about its impact on the mind. In the 1904 edition of Our Bodies and How We Live, an elementary school textbook, Albert F. Blaisdell warned: "The cells of the brain may become poisoned from tobacco. The ideas may lack clearness of outline. The will power may be weakened, and it may be an effort to do the routine duties of life…. The memory may also be impaired."
Blaisdell reported that "the honors of the great schools, academies, and colleges are very largely taken by the abstainers from tobacco," adding, "The reason for this is plain. The mind of the habitual user of tobacco is apt to lose its capacity for study or successful effort. This is especially true of boys and young men. The growth and development of the brain having been once retarded, the youthful user of tobacco has established a permanent drawback which may hamper him all his life. The keenness of his mental perception may be dulled and his ability to seize and hold an abstract thought may be impaired."
In the 1908 textbook The Human Body and Health, biologist Alvin Davison agreed that tobacco "prevents the brain cells from developing to their full extent and results in a slow and dull mind." He added, "At Harvard University during fifty years no habitual user of tobacco ever graduated at the head of his class."
These themes were taken up by prominent, widely admired Americans who were troubled by a cluster of traits that would later be associated with marijuana. "No boy or man can expect to succeed in this world to a high position and continue the use of cigarettes," Philadelphia Athletics Manager Connie Mack wrote in 1913. Biologist David Starr Jordan, the first president of Stanford University, concurred. "The boy who smokes cigarettes need not be anxious about his future," he said. "He has none."...
In the decades that followed, the cigarette's reputation underwent a complete reversal. Far from sabotaging intellectual achievement and economic productivity, it was seen as facilitating them through the stimulating action of nicotine. But the dull, listless underachievers described by Ford and Edison reappeared in the 1960s, smoking something else.
Testifying before Congress in 1970, Harvard psychiatrist Dana Farnsworth noted that scientists had come up with a name for the condition that prevented marijuana users from reaching their potential. "I am very much concerned about what has come to be called the 'amotivational syndrome,'" Farnsworth said. ...
A decade and a half later, Robert DuPont declared that "millions of young people are living as shadows of themselves, empty shells of what they could have been and would have been without pot." In 1989, his first year as the nation's first official "drug czar," Bill Bennett explained how smoking pot affects young people: "It means they don't study. It causes what is called 'amotivational syndrome,' where they are just not motivated to get up and go to work."
It is plausible, of course, that smoking a lot of pot in high school might interfere with academic performance, just as heavy drinking might. But Farnsworth, DuPont, and Bennett are describing something more than that: a long-lasting impairment of the will that prevents cannabis consumers from being all that they can be....
Despite its continuing appeal as a propaganda theme, the idea that smoking pot makes people unproductive has never been substantiated. In their 1997 book Marijuana Myths, Marijuana Facts, the sociologist Lynn Zimmer and the pharmacologist John P. Morgan examined the evidence and concluded: "There is nothing in these data to suggest that marijuana reduces people's motivation to work, their employability, or their capacity to earn wages. Studies have consistently found that marijuana users earn wages similar to or higher than nonusers."
A 1999 report from the National Academy of Sciences noted that amotivational syndrome "is not a medical diagnosis, but it has been used to describe young people who drop out of social activities and show little interest in school, work, or other goal‑directed activity. When heavy marijuana use accompanies these symptoms, the drug is often cited as the cause, but there are no convincing data to demonstrate a causal relationship between marijuana smoking and these behavioral characteristics."...
Like the symptoms of cigarette use that worried Ford and Edison, the symptoms of marijuana use are often hard to distinguish from the symptoms of adolescence. Peggy Mann's 1985 book Marijuana Alert, which Nancy "Just Say No" Reagan described in the foreword as "a true story about a drug that is taking America captive," is full of anecdotes about sweet, obedient, courteous, hard-working kids transformed by marijuana into rebellious, lazy, moody, insolent, bored, apathetic, sexually promiscuous monsters. "It was very easy for parents to blame marijuana for all the problems that their children were having, rather than to accept any responsibility," observes Harvard psychiatrist Lester Grinspoon, a leading authority on marijuana. "It became a very convenient way of dealing with and understanding various kinds of problems."...
Current fears about marijuana and other illegal drugs, like fears about cigarettes at the beginning of the last century, reflect the sort of worries that reappear in every generation. Parents want their children to be smart, to do well in school, to respect authority, and to become productive, responsible adults. The dull, lazy, rebellious, and possibly criminal teenager―the cigarette fiend or pothead — is every parent's nightmare. Adults who have no children of their own worry that other people's kids will become tomorrow's parasites or predators, bringing decline and disorder.
Despite all the alarm that drug scares seem to generate, projecting these fears onto physical objects can be reassuring: Just keep the kids away from tobacco or marijuana (or alcohol or MDMA), we are implicitly told, and they will turn out OK. As symbols of all the things that might go wrong on the path from birth to maturity, drugs offer what every adult confronted by a troublesome teenager longs for: the illusion of control.
A few prior related posts:
Friday, February 20, 2015
I just got finished watching the last segment of the wonderful PBS Prohibition documentary, which stresses the role of Pauline Sabin, the first woman to sit on the Republican National Committee and the founder of the Women’s Organization for National Prohibition Reform, who helped drive the movement to repeal the 18th amendment. With that history fresh in mind, I found especially interesting this news report from Texas which has the headline quoted in the title of this post. Here are excerpts:
"I've always been pretty outspoken," said Ann Lee. At 85 years old, Ann Lee looks like anyone's grandmother. "I don't know whether it's my age, the white hair, what is it, but it does seem to strike a chord," said Lee.
But don't let the white hair fool you. She's a fiery Republican who believes you have the right to use marijuana. "It's just me, I believe in this," said Lee.
For Lee, it's personal. She wasn't always a supporter of weed. That changed when her son was bound to a wheelchair, and needed it to treat his condition. "We realized marijuana wasn't the weed of the devil which I had been known to say," said Lee.
She and her husband Bob fought to legalize weed since then. Bob died last week. Now it's her job to finish what they started together. "This is heady stuff for this lady," said Lee. "I've been an activist for many years, but I've never had the response that I'm now getting."
She knows more about weed than someone half her age, and even has the occasional edible. Activists call her the perfect weapon in the marijuana reform movement. "It's not Republican to support prohibition," said Lee.
Some prior related posts:
- "Marijuana Legalization: The Republican Argument For Doing It"
- GOP strategist highlights why "marijuana law reform could be a key issue" for Republicans in 2016
- "Marijuana is America's Next Political Wedge Issue: Pot politics, in 2016 and beyond"
February 20, 2015 in History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)
Monday, September 1, 2014
A few weeks ago, Talkingpointsmemo.com posted a long-form article, available only to TPM Prime subscribers, title "Can Big Pot and Big Alcohol Get Along?". I finally had a chance to read it. Though a lot of points in the article will be familiar to those who follow this issue, it has one of the most comprehensive looks at the alcohol industry's reaction to marijuana legalization that I've seen. And, as the article notes, the alcohol industry now views legalization as inevitable:
Beer, wine and liquor do not care that legalization isn’t technically on the books. For them, it’s already a foregone conclusion. And that means that weed is already a real competitor.
Beer and wine may be as American as a baseball game, but Big Alcohol doesn’t feel at all relaxed about this debate. At alcohol trade association meetings, pot is already spoken of as a key competitor. A vigorous internal discussion has been taking place within the industry to figure out how they can establish working relationships with the marijuana world, and what to do if they can’t.
At the National Alcohol Beverage Control Association’s annual legal symposium, which draws state regulatory agency officials, corporate counsel, industry policymakers and private attorneys, a representative from the Marijuana Policy Project spoke. Attendees said that during the Q&A, “a couple people stood up and kind of attacked her” about MPP’s alcohol-bashing tactics.
While Big Alcohol has expressed that they would prefer to co-exist amicably in the marketplace, in their minds, the marijuana industry has to make a choice: pot can choose to be their friend, or to be their enemy. And if Big Pot decides they want to continue to launch regular attacks on alcohol, then alcohol will ultimately fight back.
The whole piece is well worth reading. Unfortunately, to do so, you'll need a subscription (at $50/year)--not really worth it for just this one article. But TPM is one of the best independent journalism sites around and subscribing is a great way to support a valuable news source (not to mention a good value for those who closely follow political/policy news.) So, if you're a TPM reader who has thought about signing up for the Prime subscription before, this article could provide a bit of an extra incentive.
Tuesday, August 26, 2014
In my last two posts, I’ve highlighted the emerging struggle between state and local governments for control of marijuana policy. My latest article tries to provide some guidance on whether states should give local governments the option of banning marijuana sales.
This Part of the article discusses the theory of local control. It illuminates the competing considerations that help determine whether local control over marijuana (or any other issue) is normatively desirable. (I’ve eliminated the footnotes for this post, but they’ll be available once I post the completed draft on SSRN.)
A. The case for local control
Local control is supposed to promote economic efficiency. In particular, empowering local governments to tackle divisive issues is supposed to enable more people to get the policy they desire. The reason is that minorities in statewide contests sometimes comprise majorities in local communities; there are, after all, more than 3,000 counties and 15,000 municipalities sprinkled throughout the 50 states. These residents would be happier if they were allowed to pursue the policy they prefer through these local communities, rather than live under the policy the state as a whole would choose. Mobility of the population arguably enhances the efficiency of local control. The idea is that residents who are dissatisfied with the policy espoused by one local government can relocate to a community with a more appealing policy. To be sure, residents could also relocate from one state to another, but the comparatively large number of local governments increases the chances that dissatisfied residents will find more appealing matches and it also lowers the cost of relocation.
August 26, 2014 in History of Alcohol Prohibition and Temperance Movements, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)
Wednesday, August 13, 2014
I haven’t blogged for a while, but I’ve been enjoying Doug’s and Alex’s and Rebecca’s posts over the summer.
After starting up several new projects over the summer, I’m finally able to begin blogging again. In my first few posts, I’m actually going to focus on one of the projects that consumed my summer time -- a symposium paper I’m writing tentatively called The Local Option for Marijuana. The paper asks whether states should allow local governments to ban marijuana sales, notwithstanding state legalization of the drug. Doug, Alex, and I have debated the merits of the local option before – see posts and comments here, here, and here. I think we identified most of the major arguments both for and against local control. But it also became clear to me that many of our arguments depended on contested assumptions about the effects of local control. For example, local control looks a lot less appealing if it simply displaces – rather than reduces – the harms associated with marijuana distribution (DUIs, etc.). But it’ll probably be decades before we can know with any certainty what happens when local communities ban vs. allow marijuana distribution. And that will simply be too late for most states, which must decide now whether to grant local governments the option of banning marijuana sales.
Fortunately, we do have decades of experience with local control of alcohol that could prove instructive. Since the mid-to-late 1800s, states have delegated power to local governments to control – even ban -- the distribution of alcohol. Indeed, hundreds of counties inhabited by roughly 10% of the nation’s population remain “dry” today. Social scientists have exploited county-by -county variations to test the effects of various local controls on alcohol consumption, cirrhosis, traffic fatalities, etc. In this article, I’m poring through that research for lessons about local control over marijuana. I have a few tentatively formed conclusions that I’ll share in the coming days. As always, I’m open to comments, critiques, and suggestions – sources, avenues of inquiry, etc.
August 13, 2014 in Current Affairs, History of Alcohol Prohibition and Temperance Movements, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)
Thursday, November 7, 2013
The question in the title of this post is drawn from a quote by someone from the Beer Institute appearing in this notable new National Journal item headlined "Alcohol Is Really Pissed Off at Marijuana Right Now; The marijuana industry is convincing Americans its substance is safer than alcohol, and booze lobbyists don't like it." Here are excerpts from the new National Journal piece:
Marijuana has been giving alcohol a bad name. So contend booze lobbyists, who are getting sick of an ad campaign that makes the claim that pot is safer than their beloved beverages.
"We're not against legalization of marijuana, we just don't want to be vilified in the process," said one alcohol industry representative who didn't want to be quoted harshing his colleagues mellow. "We don't want alcohol to be thrown under the bus, and we're going to fight to defend our industry when we are demonized."
The marijuana industry has had a good couple of years: a recent poll found that 58 percent of the country thinks the product should be legal, recreational use has been legalized in two states already, and this past election saw the city of Portland, Maine, legalize 2.5 ounces of pot. Ahead of the vote in Portland — which received 70 percent support — the Marijuana Policy Project put up signs around the city with messages like "I prefer marijuana over alcohol because it doesn't make me rowdy or reckless," and "I prefer marijuana over alcohol because it's less harmful to my body."
Alcohol lobbyists believe it's a "red herring" to compare the two. "We believe it's misleading to compare marijuana to beer," said Chris Thorne of the Beer Institute. "Beer is distinctly different both as a product and an industry."
Thorne notes that the alcohol industry is regulated, studied extensively, and perhaps more importantly already an accepted part of the culture. "Factually speaking beer has been a welcome part of American life for a long time," he said. "The vast majority drink responsibly, so having caricatures won't really influence people."
But MPP takes issue with the idea they are painting a false picture. In a recent Op-Ed for CNN, Dan Riffle, the group's director of federal policies, notes that according to the Centers for Disease Control excessive alcohol use is the third leading lifestyle-related cause of death. Booze also "plays a role in a third of all emergency room visits," he says....
"That's like saying we shouldn't talk about relative harms of sushi to fried chicken," said Mason Tvert, who in addition to working at MPP wrote a book called Marijuana is Safer: So Why are We Driving People to Drink? "It's important that people know the relative harms of all substances, so there's no reason not to talk about the two most popular substances in the world."
Cross-posted at Marijuana Law, Policy and Reform
Thursday, September 5, 2013
Are there undisputed benefits from prohibition regimes and/or undisputed harms from legalization/regulation regimes?
The question in the title of this post is a variation of the topic that consumed discussions today in my "Marijuana Law, Policy & Reform" seminar. Though I am not sure I did a great job steering the discussion, I am sure that students had a number of interesting and thoughtful reactions to the first part of this question.
One of my goals in these questions is to explore whether, if we take as an empirical given that prohibition regimes do tend to reduce use of a prohibited product, folks would accept or resist the contention that reduced use is an undisputed benefit of prohibition regimes. (We have been considering the history of alcohol Prohibition in the US at the start of the course, and some research suggests that the enactment of the 18th Amendment and related laws drove down alcohol consumption to 30% of pre-Prohibition usage, although over the period of Prohibition alcohol use rose to reach about 60 to 70% of pre-Prohibition usage levels.) Of course, to say reduced use of a product is an undisputed benefit indicates a belief that any and all use is an undisputed harm. I suspect many folks would now resist the claim that any and all use of alcohol is an undisputed harm, and I explored with students whether they thought more of society was coming to resist the claim that any and all use of marijuana is an undisputed harm.
At the end of the class, we only briefly got to the question of what undisputed harms might be said to flow, at least in part, from legalization/regulation regimes for a drug like alcohol. I started this part of the discussion with my concerns about significant harms that result from drunk driving, and other students raised issues related to crimes and physical violence and related to poor allocation of societal resources. How much of these harms could and should be attributed to our current legalization/regulation regime for alcohol is, of course, a contestable question, but in this setting the issue seems to be not whether these matters count as harms, but rather whether a legalization/regulation regime increased or increases these harms.
Thursday, August 29, 2013
I have kicked of my class activites by urging all my seminar students to watch with me the full wonderful 2011 Ken Burns' PBS documentary on Prohibition, as well as cruise around this terrific website from the History Department at Ohio State (which includes this especially interesting account with visuals concerning campaigns by the "drys" in Ohio). I also have urged students to read parts of the terrific 1970 article by Richard Bonnie & Whitebread, Forbidden Fruit and the Tree of Knowledge - An Inquiry Into the Legal History of American Marijuana Prohibition, 56 Virginia L. Rev. 971 (1970) (available here).
There are, of course, lots of important obvious lessons to take away from US history with temperance movements and alcohol Prohibition. For example, in this page from the PBS website under the heading "Unintended Consequences," historian Michael Lerner concludes a lengthy discussion with these observations:
The greatest unintended consequence of Prohibition however, was the plainest to see. For over a decade, the law that was meant to foster temperance instead fostered intemperance and excess. The solution the United States had devised to address the problem of alcohol abuse had instead made the problem even worse. The statistics of the period are notoriously unreliable, but it is very clear that in many parts of the United States more people were drinking, and people were drinking more.
There is little doubt that Prohibition failed to achieve what it set out to do, and that its unintended consequences were far more far reaching than its few benefits. The ultimate lesson is two-fold. Watch out for solutions that end up worse than the problems they set out to solve, and remember that the Constitution is no place for experiments, noble or otherwise.
I suspect my students and others are quick to take away from the US history here that we should seek to avoid governmental cures that are worse than the disease and also avoid too much constitutional experimentation. But, as the title of this post suggests, I am eager to explore (in this space and with my seminar students) what might be deemed important under-appreciated (or at least under-discussed) lessons from not just Prohibition itself, but also from the broader alcohol temperance movements that stretch back many centuries and arguably still have some enduring echoes and impacts today.
August 29, 2013 in History of Alcohol Prohibition and Temperance Movements | Permalink | Comments (1)