Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Monday, May 7, 2018

"Can the Mass. marijuana industry help heal communities devastated by the War on Drugs?"

Massachusetts-marijuanaThe question in the title of this post is the headline of this recent Boston Globe article.   (At the risk of getting redundant, I will again note ow this press piece is related in theme to my most recent article, "Leveraging Marijuana Reform to Enhance Expungement Practices.")  Here are excerpts from the Globe piece:

Last month, Massachusetts rolled out the country’s first statewide marijuana industry “equity” program, giving preferential treatment to people who are typically marginalized by the business world.

One key to the effort: giving a head start in the rush for cannabis licenses to companies that are led by or employ minorities, to people with past marijuana convictions, or to residents of low-income neighborhoods with high arrest rates for drug crimes. All other companies that grow, process, or sell pot, meanwhile, are required to help those communities, and are limited in the size of their operations. The Massachusetts Cannabis Control Commission will also launch a training program for inexperienced pot entrepreneurs.

The provisions spring from a simple premise: People of color were disproportionately prosecuted and jailed amid the nation’s “war on drugs,” even though whites had similar rates for using or selling marijuana. It would be unfair, proponents argued, to allow the windfall of a now-legal cannabis industry to flow only to the already privileged, while those who suffered the most under pot prohibition remain frozen out. “We’re going to use this moment to try to rebalance the scales — or, at the very least, to stop creating new unbalanced scales,’’ said state Senator Sonia Chang-Diaz, who helped to write the so-called equity provisions into state law.

While it may seem radical to give previously incarcerated people the right to sell a product that was illegal until recently, the equity provisions so far haven’t been particularly controversial. Even Walpole Police Chief John Carmichael, a fierce critic of legal marijuana, is on board. “It’s going to open the door for people who just wouldn’t otherwise have the ability and financial background to break in,” Carmichael said. “We have to give them a chance.”

As the commission developed its regulations this year, county prosecutors asked the agency to bar people convicted of trafficking certain still-illegal drugs such as heroin or fentanyl from even working at a cannabis company. “This is not an area for permissiveness,” the Massachusetts District Attorneys Association warned in a letter. The cannabis commission partially acquiesced, restricting such people to administrative positions that don’t involving handling marijuana products.

For owners of cannabis businesses, the bar is higher than for their employees. People convicted of serious crimes, including nonmarijuana drug felonies, firearm violations, and sex offenses, cannot own licensed pot companies. However, businesses can hire people with records for possessing opioids, for example, and receive preferential treatment if they employ enough people with criminal records. People convicted of large-scale marijuana trafficking may qualify under the rules, though some might have related convictions that would automatically disqualify them anyway. The commission also has discretion to reject any applicant.

Marijuana equity programs elsewhere operate only on the local level, and have a limited track record. Oakland, Calif., for example, this year adopted a policy that reserves more than half of the city’s licenses for equity applicants, and most of the rest for large companies that agree to host and mentor them. The system has indeed helped people of color break into the business — but it’s also drawn sharp backlash from smaller companies that do not qualify.

Massachusetts has taken a less restrictive approach. The primary initiative underway provides expedited review to applications from companies that meet certain criteria — those owned by people from places with high rates of poverty and drug arrests, for example, or that employ mostly people with drug-related convictions. It’s an important benefit, as many Massachusetts communities limit the number and locations of pot businesses, giving a big advantage to the first stores.

Later this year, the commission will work with community groups to develop a crash course in business planning and fund-raising for entrepreneurs who were arrested or live in so-called communities of disproportionate impact. Those entrepreneurs will also be exempt from many state fees and will be allowed to open pot-delivery services and lounges ahead of other companies if the commission decides to issue those licenses....

Entrepreneurs who do not have drug convictions or arrests can still qualify if they show their business will benefit poorer communities with high arrest rates. For example, Dishon Laing dreams of opening an alternative health center in his native Dorchester that would offer yoga, vegan food, and cannabis. He, too, wants to hire people with criminal records, and also plans to run drug education programs for teenagers. “Everything we do is connected to giving back,” said Laing, a city public health worker. “I know my partners and I will face stigma based on being people of color and the industry we’re in, but we want to show that we’re actually improving our communities.”

Another requirement is intended to recruit marijuana companies that don’t qualify for the equity program to the cause: All applicants must show how their businesses will benefit communities hurt by the drug war. For example, Sira Naturals, a larger medical marijuana operator that’s seeking recreational licenses, plans to host an incubator for equity applicants at its growing facility in Milford. Licensed marijuana businesses must also write and adhere to a diversity plan that promotes gender equity and the employment of veterans, LGBT people, and people with disabilities.

The commission also offers incentives: Companies that provide money and mentoring to entrepreneurs from “areas of disproportionate impact” can get the cannabis equivalent of a Good Housekeeping seal of approval: a “social justice leader” label affixed to their product packaging. State officials also have moved to protect smaller equity businesses by banning larger companies from holding more than three licenses of any type and capping each company’s cultivation area at 100,000 square feet.

All these advantages, however, may not help applicants overcome the biggest hurdle: winning approval from local officials for the location and opening of their businesses. Somerville and other municipalities are considering local versions of the equity program, but none have been adopted yet. Advocates are worried established companies — such as existing medical dispensaries, which are nearly all white-owned — can outbid smaller players by offering communities generous financial packages.

“Cities and towns need to step up, or in a few years we’ll see we had this opportunity to put diversity into action and we failed,” said Ross Bradshaw, who hopes to open a pot business in a Worcester neighborhood designated as an area of disproportionate impact. “There are going to be municipalities that only allow three licenses, and two are going to medical marijuana companies. That’s less opportunity for people of color.”

Cannabis commissioner Shaleen Title, who championed the equity initiatives, acknowledged they are hardly a cure-all. But Title is heartened by the early numbers: 68 applicants have cleared a first hurdle in the process for licensing, and more than 100 more under review. Those people would have their applications reviewed ahead of others. “We’ll never be able to repair the damage caused by drug prohibition, but these programs at least begin to help provide a fair shot,” Title said. “Think about having a conviction that was based on unfair enforcement, and how that holds you back in so many different ways — we want to make that right.”

May 7, 2018 in Business laws and regulatory issues, Criminal justice developments and reforms, Employment and labor law issues, History of Marijuana Laws in the United States, Initiative reforms in states, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, May 3, 2018

Maine legislature final enacts framework for regulating marijuana sales 18 months after initiative vote for legalization

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As reported in this local article, on Wednesday the Maine legislature "overturned a veto by Gov. Paul LePage that would have again stalled the legal sale of recreational marijuana, moving Maine a major step closer to launching a legal retail market for the drug." Here is more:

The House voted 109-39 and the Senate 28-6 to override LePage’s veto of cannabis legalization legislation, setting the state on a path to the legal sale and production of recreational marijuana some 18 months after voters approved legalization at the ballot box in November 2016. However, it will likely be the spring of 2019 before the first retail shops can open for business.

Now that the bill has passed, the state Department of Administrative and Financial Services must hire a consultant to help the state write more regulatory rules, including inspection and licensing of wholesale commercial growing facilities, licensing of retail sellers and collection of sales taxes. The rules will have to be approved by the next Legislature, which convenes in January.

The Republican governor, a steadfast opponent of legalization, had vetoed the Legislature’s first attempt at drafting a law to launch the retail market for cannabis in November. It’s not clear how quickly the state will move to hire workers to administer and enforce the new law, and seek bids to design a seed-to-sale tracking system that will be used to regulate the marijuana market.

Wednesday’s vote provoked mixed reactions, even among those who campaigned successfully to gather voter signatures and get the legalization question on the 2016 ballot. David Boyer, Maine political director for the Marijuana Policy Project, said the bill includes provisions that the organization supports and others that it dislikes. “Ultimately, we’re glad that the Legislature is moving towards a regulated marketplace,” he said. “We are approaching two years since Maine voters passed this and adults in Maine deserve a place to purchase marijuana legally.”

Scott Gagnon, director of Smart Approaches to Marijuana, which opposed the referendum, was pleased that the bill had been amended to ban social clubs and reduce the number of plants that can be grown for personal use from six to three. “This is an improvement” over previous proposals, he said. “It’s going in the right direction.” He said Smart Approaches to Marijuana now will focus on things such as helping communities that don’t want shops selling marijuana in their towns, making sure that shops don’t get concentrated in particular neighborhoods, trying to offset “normalization” of pot use and counteracting problems that arise....

The adult-use bill is more conservative than the bill approved by referendum voters in November 2016. It doesn’t allow for social clubs, which means adults who buy their cannabis here will have to consume it on private property, with the permission of the property owner. And lawmakers cut the number of plants that can be grown for personal use on their own property – or someone else’s with permission – from six to three in an effort to reduce black market sales.

The bill doesn’t cap the number of business licenses, or the amount of recreational cannabis that can be grown in Maine, which some entrepreneurs complain will drive down prices so far that small growers won’t be able to survive, leaving only those with out-of-state money behind them standing in the end. To allay those concerns, lawmakers voted to give the first three years of business licenses to those who have lived and paid taxes in Maine for at least four years.

May 3, 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, April 26, 2018

Michigan proposal for full legalization of marijuana officially approved for Nov 2018 vote

Images (1)As reported in this local article, headlined "Michigan approves marijuana legalization vote for November," the Wolverine State is now positioned to be the latest political battleground for the debate over recreational marijuana reform. Here are the details:

The battle to free the weed officially started Thursday when the State Board of Canvassers ruled that a group pushing a proposal to legalize marijuana for recreational use got enough signatures to qualify for the Nov. 6 ballot. The 4-0 decision by the board was met with cheers by advocates for the proposal.

"The people of Michigan deserve this. They earned it," said Rick Thompson, a board member of the Michigan chapter of the National Organization for the Reform of Marijuana Laws or NORML. "We've faced many trials and tribulations. We've had so many stop and go signs from the federal government. That's why states have to take the reins on the issue and really be the crucibles of democracy that they've always been intended to be."

It was the second time that the coalition had turned in enough signatures to get on the ballot. The last time, however, it didn't get the signatures in a state-mandated 180-day window and the petition was thrown out. But the coalition didn't have the same problem this time around. "We expected this," said John Truscott, spokesman for the Coalition to Regulate Marijuana Like Alcohol. "Now we'll be out and about talking to people and educating them about the issues."

Scott Greenlee, executive director of the Healthy and Productive Michigan political action committee, which opposes the ballot proposal, urged the Board of Canvassers to keep the issue off the ballot because marijuana is still considered an illegal drug by the federal government. "By putting this on the ballot, you're disregarding federal law," he said. "I recognize that other states have done it, but like my mom always told me, 'Just because your friends jump off a bridge, doesn't mean you have to do the same thing.'"...

The Michigan marijuana ballot proposal would:

  • Legalize the possession and sale of up to 2.5 ounces of marijuana for personal, recreational use.
  • Impose a 10% excise tax on marijuana sales at the retail level as well as a 6% sales tax. The estimated revenues from the taxes are at least $100 million.
  • Split those revenues with 35% going to K-12 education, 35% to roads, 15% to the communities that allow marijuana businesses in their communities and 15% to counties where marijuana business are located.
  • Allow communities to decide whether they’ll permit marijuana businesses.
  • Restrict purchases of marijuana for recreational purposes to 2.5 ounces but an individual could keep up to 10 ounces of marijuana at home.
  • Allow the Department of Licensing and Regulatory Affairs (LARA), and not the politically appointed licensing board that will regulate the medical marijuana side of the market, to regulate and license marijuana businesses, ranging from growers, transporters, testers and dispensaries.
  • Set up three classes of marijuana growers: up to 100, 500 and 2,000 plants.

Michigan voters have already weighed in on marijuana once, approving cannabis for medical use in 2008 by a 63%-37% margin. As of March, 1, 277,752 people are medical marijuana cardholders and 43,131 people are caregivers who can grow up to 72 plants for up to five cardholders. The state is in the process of vetting applications of people who want to get into the medial marijuana business, which is expected to generate at least $700 million in sales. That financial prediction is estimated to grow to more than $1 billion a year if voters pass the ballot proposal and Michigan becomes the ninth state to legalize marijuana for adult recreational use....

But getting the ballot proposal passed is not a foregone conclusion, despite recent polls showing more than 60% support for legalizing marijuana. Healthy and Productive Michigan has $215,286 for the battle ahead, primarily from Smart Approaches to Marijuana, a Virginia-based organization that supports cannabis for medical, but not recreational uses.

"We'll continue to press forward with education and explain to the public the problems that recreational marijuana will cause in our state," Greenlee said. "And once it's certified for the ballot, we'll have a number of people from Michigan who will come in and support us."

The Coalition to Regulate Marijuana like Alcohol has raised more than $1 million, but spent the vast majority on paying the firm that collected petition signatures. According to campaign finance reports filed this week with the Secretary of State, the coalition has only $17,326 in available cash for the upcoming campaign.

April 26, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, January 9, 2018

California legislator proposing state law to automatically expunge past marijuana convictions

Legal Marijuana Oregon Measure 91As reported in this Los Angeles Times article, headlined "California lawmaker wants to make it easier to clear marijuana convictions from criminal records," a lawmaker in California is talking about making a law to make expungement of certain past marijuana convictions automatic. Here are the details:

Proposition 64, approved by California voters in 2016 to legalize recreational pot use, allows people to petition the courts to have past convictions for marijuana offenses expunged from their records. But the process can be difficult and expensive, according to supporters of pot legalization.

In response, Assemblyman Rob Bonta (D-Oakland) on Tuesday proposed legislation that would make it easier to have criminal convictions removed from the records of marijuana users, potentially opening more doors to employment and housing. Rather than require people to petition the courts for a determination, AB 1793 would require criminal convictions for marijuana-related offenses to be automatically expunged, placing the burden on the courts, Bonta said.

“Let’s be honest, navigating the legal system bureaucracy can be costly and time-consuming,” the lawmaker told reporters at the Capitol. His bill, he said, “will give people the fresh start to which they are legally entitled and allow them to move on with their lives.”

Proposition 64 legalizes, among other things, the possession and purchase of up to an ounce of marijuana and allows individuals to grow up to six plants for personal use. The measure also allows people convicted of marijuana possession crimes eliminated by Proposition 64 to petition the court to have those convictions expunged from their records as long as the person does not pose a risk to public safety. They can also petition the court to reduce some crimes from a felony to a misdemeanor, including possession of more than an ounce of marijuana by a person who is 18 or older.

As of September, 4,885 Californians have petitioned the courts to have marijuana convictions expunged or reclassified, but many people don’t know about the process, which can be difficult, according to the Drug Policy Alliance, which supported Proposition 64.

Bonta’s bill was supported Tuesday by alliance state director Laura Thomas and Dale Gieringer, who is the state coordinator of California NORML, another legalization group. The bill, Thomas said, “will help to expedite the ability of people to achieve the promise of restorative justice.”

Some prior related posts:

January 9, 2018 in Criminal justice developments and reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Friday, January 5, 2018

Oklahoma medical marijuana initiative set for June vote

As reported in this press release, Oklahoma Governor Mary Fallin yesterday "set a June election date for the medical marijuana ballot measure." Here is more from the release:

Fallin filed an executive proclamation placing State Question 788 on the June 26 primary election ballot. The governor’s other option was to place the issue on the November general election ballot.

Supporters of an initiative petition asking voters to legalize medical marijuana gathered enough signatures in 2016 to schedule a statewide referendum on the measure. “Backers of this proposal to legalize medical marijuana followed procedures and gathered the more than 66,000 required signatures to submit the issue to a vote of the people,” said Fallin. “I’m fulfilling my duty as governor to decide when that election will occur this year.”

If approved by voters, the measure would permit doctors to recommend a patient, who is at least 18 years old, for a state-issued medical marijuana license. A license holder would be allowed to legally possess up to 3 ounces of the drug, six mature plants and six seedlings. These limits can be increased by individual counties or cities. 

Primary elections, typically, will bring out many fewer voters than general elections. But it seems elections involving marijuana ballot issues will bring out, sometime, at least a few more than the usual voters. It will be interesting to watch the turn out dynamics, as well as of course the outcome, in the Sooner State now that the Governor has called for a sooner vote.

January 5, 2018 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Monday, December 11, 2017

New talk about a new marijuana legalization initiaitive in Ohio from some old voices

As reported in this local article, headlined "Anyone over 21 could grow weed at home under proposed Ohio ballot initiative," there is some new talk about a new initiative to legalize marijuana in the Buckeye State. Here are the details:

A group of local investors who failed in their bid to secure a state license to grow medical marijuana on Monday announced plans for a statewide ballot issue to fully legalize marijuana.

Jimmy Gould, chairman of Cincinnati-based Green Light Acquisitions, proposed an Ohio constitutional amendment that would allow anyone 21 or older to grow marijuana in their homes for personal use or commercial cultivation. Gould said the ballot issue would not conflict with Ohio's current medical marijuana law but would expand legalized marijuana use among qualified adults without a physician's recommendation.

Gould said he would need 305,592 signatures to place the issue before Ohio voters next year. His group plans to finalize the language in the proposal and begin circulating it next month. The initial filing deadline for the ballot proposal is July 4, 2018. Gould is a longtime proponent of decriminalizing marijuana, which he said can be a useful tool for dealing with a variety of chronic conditions, including the opioid addiction crisis that has plagued Ohio.

He co-founded the group ResponsibleOhio, which was behind Ohio's failed Issue 3 marijuana initiative in 2015 that would have legalized marijuana for both medical and non-medical use. The measure lost in all 88 Ohio counties, with nearly two-thirds of voters statewide voting "no" to recreational and medical marijuana.

But the new proposal "is as different from Issue 3 as night and day," Gould said. "We spent a lot of time and effort to get this right. This is not Issue 3 revisited.'' Gould said the new ballot proposal is a responsible way to fully legalize marijuana use, cultivation, possession, processing and dispensing, and regulate it like alcohol-related businesses in Ohio.

In addition, the new proposal tosses out many of the contentious items that Gould blames for Issue 3's ultimate defeat, including designating certain properties as the only places in Ohio where the cannabis plant could be legally grown. Critics charged the stipulation would have benefitted only a handful of mega-growers. "The concept of the rich getting richer goes right out the window with this," Gould said.

Gould said another reason he thinks now is the right time to introduce a new marijuana initiative is that "a lot of time has gone by" since Issue 3 was defeated, and more Americans are inclined to support legalized marijuana based on studies, opinion polls and the sheer number of states that have adopted such laws over the past several years....

Gould said his new ballot initiative would "run parallel" to a lawsuit he plans to file against the state after his firm, CannAscend Ohio, and dozens of other applicants were denied "Level 1" licenses for large-scale medical marijuana growers.

The Ohio Department of Commerce earlier this month awarded 12 preliminary Level 1 licenses based on what Gould alleges was a deeply flawed selection process and the use of questionable application graders, including one who was a convicted drug dealer. "That stuff is just not OK," Gould said. "Commerce feel asleep at the wheel. They either didn’t know, or they didn’t do background checks" on the application graders.

I am tempted to not take this new talk of a new initiative all that seriously because right now it seems a bit like the expression of sour grapes (sour weed?) based on the failure of Gould to get a state "Level 1" license. But Gould and his team were able to get a (poorly conceived) initiative to the voters back in 2015, and maybe they really want to and really can do it again in 2018.

December 11, 2017 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, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Friday, October 27, 2017

Some insightful perspectives on the year to come in the marijuana reform universe

This past week brought two notable articles providing two important perspectives on how 2018 is shaping up to be yet another big year in the marijuana reform space:

From the Washington Examiner here, "Will 2018 be the year marijuana takes over?":

So far, all the states that have legalized marijuana have done so through grassroots petitions and ballot initiatives meant to bypass risk-averse lawmakers in state houses.

California, Nevada, Maine, Massachusetts, Alaska, Oregon, and the District of Columbia have all followed Colorado and Washington either to legalize the sale and use of recreational marijuana or, at a minimum, to decriminalize possession and consumption of small amounts of the drug.

But 2018 may be a tipping point — the moment when the momentum of pot makes it impossible for state lawmakers to avoid. State legislatures are poised to begin passing marijuana reform laws next year. The taboos against smoking dope may go up in a cloud of narcotic smoke.

From Marijuana Moment here, "These States Will Probably Vote On Marijuana In 2018":

Last November, nine statewide marijuana ballot initiatives went before voters, and eight were approved.  Next year, voters in a number of additional states are likely to see cannabis questions when they go to their polling places.

Here’s an in-depth look at those states that have the best chance of qualifying marijuana initiatives, followed by some brief info on a few that seem like longer shots…

October 27, 2017 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, September 28, 2017

Examining the distinctive marijuana market in the distinctive District of Coulmbia

The_Naked_Truth__District_of_Cannabis__TThe District of Columbia — which, if anyone cares, is where I was born a long, long time ago — has long been a distinct part of the United States as a matter of law and practice.  For that reason and others, it should come as no surprise that marijuana reform takes on distinctive dynamic in our nation's capital.   This new AP piece, headlined "Giving the gift of green in the ‘District of Cannabis’," provides a profile of this interesting story, and here are excerpts:

A 2014 ballot initiative to legalize recreational use passed overwhelmingly. But unlike the eight states that have legalized recreational use, the Washington initiative also maintained it was still illegal to buy or sell the drug.

So instead of the straightforward marijuana storefronts common in Colorado or Nevada, Washington has developed a thriving “gift economy” marijuana industry. These businesses — many offering delivery — sell everything from coffee cups to artwork — all overpriced and all coming with a little something extra.

It’s a curious legal and semantic tightrope, and one the District’s politicians and police seem determined to keep walking. “It’s definitely unique,” said Morgan Fox of the pro-legalization Marijuana Policy Project. “The DC city council and the city government don’t want to be busting people for weed. They want this to work and work smoothly.”

Washington’s local government didn’t choose to make the District a real-time sociology lab for alternative legalization. The roots of this strange legal middle ground lie in the District’s tortured relationship with the federal government. “We would have regular stores if we had the normal rights of a U.S. state,” said Nikolas Schiller, co-founder of DCMJ, a pro-legalization group that helped draft the initiative’s text.

All District laws are subject to review by a congressional committee, which can veto them or alter them by attaching riders to federal appropriations bills. After the initiative passed, Rep. Andy Harris, a Republican from neighboring Maryland, introduced a rider prohibiting the District government from spending any funds or resources on developing a regulatory or taxation system for marijuana sales.

Harris, an anesthesiologist and member of the conservative Freedom Caucus, remains a staunch opponent of recreational marijuana use and has no regrets about complicating the District’s legalization model. “I think the District of Columbia made a bad decision,” Harris said in an interview. “I would hope the District comes to its senses and realizes the dangers.”

According to marijuana merchants, the change has resulted in spiraling supply and demand. The relative ease of availability without risking arrest or having to maintain a relationship with a dealer has brought a wave of consumers of all ages and demographics. And that wave of demand has brought a wave of new suppliers. In addition to the dozens of different businesses working through the gift loophole, there are now hundreds of marijuana-themed public events taking place across the city — most openly advertised on social media. “Seven days a week, you can find an event going on,” said Gregory Moorer, whose Laid Back Lords company offers marijuana gifts to accompany $50 baseball caps and $80 sweatshirts.

One such event, known as Cannemania, happens weekly at a closed Ethiopian restaurant. Inside isn’t so much a stoner party as a fairly businesslike trade show. On a recent night, about 150 people crowded in to peruse about 25 different vendors’ tables offering large jars of buds and a huge variety of edibles, from brownies to marijuana-infused gummi bears. There were also marijuana vape pens and “concentrates” — a substance that looks like candle wax and requires a waterpipe and a blowtorch to consume.

Vendors hawked their wares like THC sommeliers and offered free hits of concentrates. But there was, according to the rules, no smoking of marijuana buds. For the most part everyone kept to the necessary gift loophole script: your money technically bought you a raffle ticket, some expensive rolling paper or, in one case, the baseball card of former Cleveland Indians shortstop Julio Franco.

Despite the ubiquity of the drug, it would be inaccurate to describe the District as some sort of marijuana free-for-all. Mayor Muriel Bowser’s government has worked hard to establish clear lines on what is and is not permitted. It remains illegal to smoke in public. Arrests for public consumption have actually spiked since the legalization initiative came into effect. Bowser also personally lobbied the city council to defeat a proposal to permit pot smoking in bars or restaurants — fearing it would lead to private cannabis clubs.

The police have also pounced on entrepreneurs who push things too far. In late 2015 they arrested Nicholas “Kush God” Cunningham, who had deployed a fleet of cars covered in marijuana-leaf decals that would hand out pot edibles in exchange for “donations.”...

Police maintain that the gift loophole isn’t fooling anyone. “In our estimation, that’s still illegal,” said Lt. Andrew Struhar of the Narcotics and Special Operations division of Washington’s Metropolitan Police Department. But Struhar also admitted that police aren’t “actively out hunting” for marijuana violators as long as everything stays low-key and the neighbors don’t complain.

“We serve the citizens and if they say there’s a problem on this or that block, we’re going to do something about it,” he said. “If you’re going to flaunt it and you’re going to stick it in our face and force us to take action against it, then we’re going to take action.”

For now the model seems to be staggering along, but it’s debatable how long this can continue. Legalization activists say that a quasi-legal grey area was never their goal. Members of the District’s government are even less enthusiastic; they complain about the intrusiveness of the congressional oversight and point to a study which estimated $130 million in potential annual revenue from taxing marijuana sales. “I don’t think it’s sustainable,” said City Council Chairman Phil Mendelson. “We have legal marijuana but we can’t regulate it. It’s stupid, it’s just stupid.”

September 28, 2017 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, September 18, 2017

Another notable new medical marijuana state accepting applications and receiving plenty

33810141423_746482ddf4_bThis AP article, headlined "High Number of Applicants for Arkansas Medical Marijuana," reports on the last-minute rush to file applications to be a part of a green rush in the Natural State (which is also know as the Land of Opportunity). Here are some details:

Would-be growers and distributors of Arkansas' initial medical marijuana crop flooded a state office building Monday, turning in thousands of pages of paperwork and handing over thousands of dollars in application fees.  Applicants faced a three-hour wait ahead of Monday afternoon's deadline, as their number greatly exceeded the clerks available to review paperwork to ensure it was complete.  Those hoping to grow medical marijuana had to pay a $15,000 application fee, while potential distributors paid $7,500. Unsuccessful applicants will have half their money refunded.

Department of Finance and Administration spokesman Scott Hardin said about 300 firms or individuals had submitted applications by the close of business Monday. Clerks were staying late to handle applications from those in the office by the deadline.  About 100 people or firms sought to grow marijuana, with the others hoping to distribute it.

Arkansas voters last year approved marijuana use by people with certain medical conditions.  The new state Medical Marijuana Commission will review applications after the names of companies and individuals have been redacted and then select up to five growers and 32 distributors.  The Arkansas Health Department has approved 1,200 people for a medical marijuana registry, making them eligible to obtain the drug.

Applications from the potential growers and distributors were about 1,000 pages long, on average.  Several who dropped off applications elected not to identify themselves publicly, while others spoke openly about why they considered their applications worthy.  "If you can beat us at our game, I give you all the credit in the world," said Chris Stone, who operates two dispensaries in Illinois.  He has teamed with a pair of Arkansas pharmacists and wants to grow marijuana in the rich, agricultural lands near Brinkley and distribute marijuana at a dispensary on the east side of Jonesboro.

He said his firm failed in a previous attempt to win a grower's permit in Illinois, but took the feedback from that loss to fashion a pair of 1,800-page applications in Arkansas. "Those with successes in other states probably have a leg up on those who are putting together an application for a first time," he said.

September 18, 2017 in Business laws and regulatory issues, Initiative reforms in states, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, September 3, 2017

Helpful review of possible reform states to watch in 2018 on initiative and legislative fronts

The folks at Marijuana Business Daily have recently put together a two-part series on state-level marijuana reform efforts likely to be making headlines in 2018. Part I looks at initiative campaigns, and Part II is focused on legislature-driven efforts:

"Multiple 2018 marijuana legalization campaigns already underway" discusses ballot campaigns afoot in Michigan, Missouri, Oklahoma, South Dakota and Utah.

"Which state legislatures could legalize recreational, medical marijuana in 2018?" discusses New Jersey, Rhode Island and Vermont as possible recreational legalization states, and Louisiana, South Carolina, Tennessee, Kentucky, Indiana and Texas as (mostly-long-)shots for medical marijuana reforms.

Though all of these potential reform states are interesting to watch, I think Michigan and New Jersey could prove to be especially important states for the future of recreational marijuana reforms nationwide.  (I also believe they are the states in which reform right now seems the most likely.)

Michigan is a state that went for Prez Trump along with other rust-belt states, and it seems certain to be an important state in the 2020 Prez campaign.  A vote in favor of full legalization in Michigan in 2018 could immediately impact how would-be 2020 Prez candidates talk about state marijuana reforms.

 New Jersey not only could be the first state to embrace recreational marijuana reforms through the traditional legislative process, but it also could have a marijuana industry that serves huge population centers ranging from New York City to Philadelphia to even Baltimore and Washington DC.   With probably a quarter of the nation's population less than an afternoon's drive from some part of New Jersey, a decision by the Garden State to start legalizing the gardening of marijuana for recreational purposes surely could have all sorts of national echoes.

September 3, 2017 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, July 16, 2017

Noting the state of recreational reform efforts in state up north (aka Michigan)

Michigan-weedThis extended Detroit Free Press article, headlined "Michigan marijuana campaign brings together activists, moneyed investors, tobacco dealers," provides an interesting mid-summer report on the developing efforts to put recreational marijuana reform on the ballot in Michigan in 2018. Here are excerpts:

A campaign to once again try to fully legalize marijuana in Michigan is getting big support from a Washington D.C. nonprofit activist group and from a tobacco store company that has talked of opening a chain of marijuana shops in the state.

The donor list, revealed in the latest campaign finance statements filed by the Coalition to Regulate Marijuana Like Alcohol, alarmed critics who have long contended that marijuana's nationwide march toward legalization is being funded not by the idealistic stoners and medical-marijuana users long linked to the politics of cannabis but instead by a pack of profit-minded investors and corporate types said to be similar to Big Tobacco — the nation's cigarette and cigar industry.

"It’s obvious that these tobacco guys are making a play for the marijuana money," Jeff Zinsmeister, executive vice president of Smart Alternatives to Marijuana, based in Alexandria, Va., said Friday. The group argues that Big Marijuana is "following the playbook of Big Tobacco," hoping to get young people addicted to pot early on, then keep them as hapless customers for life, Zinsmeister said.

Those who support legalization argue that marijuana will be more difficult for youths to obtain, not less, after it passes. They liken the current availability of marijuana to the nation's era of alcohol Prohibition, when people of any age had ready access to illegal alcoholic beverages; in contrast to later laws that made alcohol legal for adults but a crime to provide it to anyone under 21.

The campaign's goal is to put a ballot question before Michigan voters in 2018, when the governor's race will trigger a big voter turnout. Medical marijuana use was approved by state voters in 2008....

Based on the ballot campaign's latest report, "44% of our contributions were $250 or less — we have a broad range of both large donors and small," said [Josh] Hovey, spokesman for the Coalition to Regulate Marijuana Like Alcohol.

Since starting the drive to collect signatures less than two months ago, the group has gathered more than 100,000 signatures, he said. That's good progress toward collecting the required 252,523 signatures — a figure that, by law, must be 8% of the number of votes cast in Michigan's last election for governor. The group said it has until Nov. 22 to gather enough signatures.

And, in order to get a cushion to account for signatures that might be thrown out, the group has set a goal of gathering 350,000 signatures, said former state representative Jeff Irwin of Ann Arbor, who is the group's political director. "We're hitting the streets and talking to everybody," Irwin said Saturday.

In a failed effort last year to get on the ballot, a different marijuana group relied mainly on volunteers. This year's coalition, which includes supporters of last year's effort, is using paid petition circulators at considerable cost. "It's going to cost probably a million and a half dollars just to get on the ballot," Hovey said.

"After that, we’ll need to spend a lot more on advertising and all the methods of communication to make sure that voters have the full story. We’re estimating this is going to be, in total, an $8-million campaign, by the time the vote actually happens next year," he said.

July 16, 2017 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Saturday, July 8, 2017

"State of Emergency"!?!: Nevada dispensaries struggling to keep up with demand after first week of recreational sales

Download (5)As reported in this USA Today article, headlined "Nevada dispensaries running out of marijuana," recreational marijuana sales are off to quite a start in the Silver State and that is actually creating a significant problem:

Nevada dispensaries licensed to sell recreational marijuana are running out of pot less than a week after the legal market came to life, according to the state Department of Taxation.

On Friday, taxation officials announced that Gov. Brian Sandoval had endorsed the department's "statement of emergency," allowing state officials to consider adopting an emergency marijuana regulation that could alleviate the shortage. The Nevada Tax Commission will vote on the regulation Thursday.

"Based on reports of adult-use marijuana sales already far exceeding the industry’s expectations at the state’s 47 licensed retail marijuana stores, and the reality that many stores are running out of inventory, the Department must address the lack of distributors immediately. Some establishments report the need for delivery within the next several days," said department spokeswoman Stephanie Klapstein in an email.

The regulation would allow the department to consider a larger pool of applicants for distribution licenses, licenses that permit the transport of recreational marijuana from cultivation and packaging facilities to the dispensaries.

When the state law legalizing recreational marijuana was passed in November, wholesale alcohol distributors were promised exclusive rights to transport wholesale marijuana for the first 18 months of legal sales. The department, however, has run into multiple roadblocks in reviewing the seven applications that they have received as of Friday.

"We continue to work with the liquor wholesalers who have applied for distribution licenses, but most don’t yet meet the requirements that would allow us to license them. Even as we attempted to schedule the final facility inspection for one of the applicants this week, they told us their facility was not ready and declined the inspection. As of mid-day Friday, not one distribution license has been issued," Klapstein said....

Now that any marijuana dispensary licensed to sell recreational marijuana must receive all product — both recreational and medical — from a distributor licensed to transport recreational marijuana, many of them are stuck with dwindling supply. "The business owners in this industry have invested hundreds of millions of dollars to build facilities across the state," Klapstein said. “They have hired and trained thousands of additional employees to meet the demands of the market. Unless the issue with distributor licensing is resolved quickly, the inability to deliver product to retail stores will result in many of these people losing their jobs and will bring this nascent market to a grinding halt. A halt in this market will lead to a hole in the state’s school budget."

While the department does not plan to release any numbers on state tax revenue from the industry until late September, the Nevada Dispensary Association earlier this week estimated that dispensaries made about $3 million in sales and the state made about $1 million in tax revenue between Saturday and Tuesday. Revenue collected from the 15% cultivation tax goes toward schools, while the 10% sales tax revenue goes toward the state's rainy day fund, which can be used for any number of expenditures.

July 8, 2017 in Business laws and regulatory issues, Initiative reforms in states, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, July 6, 2017

Florida medical marijuana advocate sues after legislature blocks smoking as means to consumption

As reported in this local article, "John Morgan, the Orlando trial lawyer who spearheaded and financed the successful campaign to make medical access to cannabis a constitutional right, filed the lawsuit in Leon County Circuit Court Thursday morning, asking the court to declare the [legislatively developed] law implementing the 2016 constitutional amendment unenforceable.  Here is more about this lawsuit:

Arguing that Florida legislators violated voters’ intent when they prohibited smoking for the medical use of marijuana, the author of the state's medical marijuana amendment sued the state on Thursday to throw out the implementing law....

“By redefining the constitutionally defined term ‘medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of ‘a licensed Florida physician’ and is in direct conflict with the specifically articulated Constitutional process,” the lawsuit states.

More than 71 percent of Florida voters approved the amendment in November 2016, the largest percentage of support a medical marijuana initiative has received by popular vote, Morgan said. The amendment allowed the Legislature to address smoking — but only by prohibiting it in public places, he said, anything more violates the intent of the Constitution.  “If something is not allowed in public, it is allowed in private,” Morgan said at a press conference outside the Leon County Courthouse. “It’s as clear to all of you as it is to any first grader taking first-grade logic.”...

If the court agrees and invalidates the law implementing the amendment, the task of writing the rules for implementing the new amendment will fall to the Florida Department of Health.

The legislation allows for edibles and “vaping” as a delivery system for THC and cannabinoids.  It also provided funding for the Moffitt Cancer Center in Tampa to conduct research into the uses and effectiveness of medical marijuana.  But the House sponsor of the law, Rep. Ray Rodrigues, R-Estero, called smoking a “backdoor attempt at recreational” use of marijuana.  Sen. Rob Bradley, R-Fleming Island, the Senate sponsor, called the measure, which passed during the June special session, “patient-first legislation” that “will expand access to this medicine, while ensuring safety through a unified regulatory structure for each component of the process from cultivation to consumption."

But Morgan, who uses the hashtag #NoSmokeIsAJoke, argues that the legislative claim has been a “bogus argument from Day 1,” and if they were truly interested in keeping the public safe from smoking, they would have taxed tobacco “to the hilt.”  Instead, he said, their arguments enforce what he believes is a quiet campaign against marijuana fueled by “Big Pharma,” which has capitalized on the explosion of opioid abuse.  “I don’t know what drives these politicians other than money and donors,’’ he said.

He said that in the next few weeks he will add to the lawsuit patients suffering from ALS disease, epilepsy and other ailments for whom smoking marijuana is the best way to treat their symptoms.  The lawsuit cites a 2012 study published in the Journal of the American Medical Association and funded by the National Institute on Drug Abuse that found smoking marijuana does not not impair lung function and, when not used heavily, was shown to increase lung capacity.  “Despite decades of marijuana being used for smoking in the United States, there have been no reported medical cases of lung cancer or emphysema attributed to marijuana,” the lawsuit said.

Smart Approaches to Marijuana, a non-profit, non-partisan organization that promotes federal funding of marijuana research, blasted the lawsuit as “nothing more than a smokescreen designed to bypass the FDA and open the doors to a new for-profit, retail commercial marijuana industry in Florida.”

“There's a reason why every single major medical association opposes the use of the raw, smoked form of marijuana as medicine: smoke is not a reliable delivery system, it's impossible to measure dosage, and it contains hundreds of other chemical compounds that may do more harm than good,” said Dr. Kevin Sabet, president of the group, in a statement.

Calvina Fay, executive director of the anti-marijuana group Drug Free America Foundation, also criticized the lawsuit.  “While not perfect, the legislation succeeded in finding a balance that protects the public health and safety of all Floridians while allowing the legal access to marijuana that was approved by voters," she said in a statement.

Morgan counters that those arguments miss the point. “If you are on your death bed, or on your bed in debilitating pain, who really cares if you smoke?” he said.  He warns that by aggressively working against the implementation of what voters supported, legislators have inadvertently “kicked the door wide open for recreational marijuana use in Florida.”  If they don’t allow for smoking as a medical use, the newly formed industry will “bankroll a constitutional amendment to put recreational marijuana on the ballot...and I believe it will pass with 60 percent of the vote," he said.

July 6, 2017 in Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)

Saturday, July 1, 2017

Nevada formally become the fifth state with recreational marijuana sales ... and first in Trump era

Download (4)As reported in this lengthy local article, headlined "Nevada celebrates first legal recreation marijuana sales," today was officially a big day for marijuana reform in the Silver State. Here are the details:

A sense of jubilee was in the air midnight Saturday, and so too was the occasional whiff of Nevada's newest cash crop. Hundreds of Nevadans stood in line at midnight and throughout the day Saturday as Nevada became the fifth state in the U.S. to have legal recreational marijuana sales.

"Right at 12:01 a.m., they already have my transaction ready so that I can be the first in the state," said Todd Weatherhead, the first person in line at Sierra Wellness Connection in Reno. Weatherhead, a cultivation and production manager at a Reno cultivation facility, High Sierra Holistics, had been waiting in line since 4:20 p.m. Friday, he said....

Inside the dispensaries, "budtenders" took wads of cash in exchange for tightly sealed, opaque white Ziploc bags containing everything from joints to gummies to oils. As eager patrons jaunted in one by one, Sierra Wellness started running out of $1 bills, requiring a visit to a men's club down the street for more change....

Although Nevadan voters approved Question 2 to legalize recreational marijuana in November, voters twice before had proved themselves not quite ready. Nevada had the chance to become the first state to legalize recreational marijuana in 2002, but voters turned it down. In 2006, they repeated themselves. In November, voters turned the tables and approved Question 2, allowing anyone 21 and older with a valid ID to buy up to an ounce of pot and one-eighth of an ounce of concentrate.

In Reno, four dispensaries -- including Sierra Wellness, Blüm, The Dispensary and Mynt -- are now selling recreational marijuana, and up to 40 statewide are estimated to have their licenses, the Associated Press reported. All of the Reno dispensaries had lines around the building Saturday, throughout the day. "We are the new Amsterdam. We are the new Denver. Nevada is going to be the gold standard for marijuana starting at midnight," said Sen. Tick Segerblom, D-Las Vegas, who is known among industry leaders as the "Cannabis King" or the "Godfather of marijuana" in Nevada.

Segerblom made the first purchase at The Source dispensary at a strip mall in Las Vegas, according to the Associated Press. Segerblom was a key proponent of Nevada executing what is now the fastest turnaround between a vote and sales, faster than the other states that voted to legalize in November. California, Maine and Massachusetts will be following suit soon, in the footsteps of Colorado, Oregon, Washington and Alaska, but Nevada could see the most hefty out-of-the-gate sales of any state so far.

The millions of tourists who visit Reno, Las Vegas and other Nevada cities every year are expected to account for about two-thirds of the purchases.

Nevada Gov. Brian Sandoval has budgeted $69 million in revenue from the industry in the next two years. Money from the 15 percent cultivation tax on all marijuana product in the state will go toward schools, and the 10 percent tax collected from recreational marijuana upon sale will go toward the state's rainy day fund....

Reno's Alisha White, 38, stood in the line at Sierra Wellness to show moral support for her brother and daughter even though she doesn't smoke. “My daughter started to have seizures two years ago,” she said. “I gave her some marijuana, and it helped her. “Marijuana helps people in pain. I’ve watched it change people’s lives.”

Many of the middle-aged attendees who stood in line on Saturday feel like they've waited forever for July 1. "You always had to hide it," said Randy McCuster, 60, who's been smoking since the age of 13. "I smoked pot in the basement and it would come up out of the sink and my mom would stomp on the floor... She was something."

July 1, 2017 in History of Marijuana Laws in the United States, Initiative reforms in states, Recreational Marijuana State Laws and Reforms | Permalink | Comments (2)

Sunday, June 25, 2017

"The Golden State's ‘High’ Expectations: Will California Realize the Fiscal Benefits of Cannabis Legalization?"

The title of this post is the title of this notable new paper authored by George Theofanis now available via SSRN. Here is the abstract:

The federal government has been taking an increasingly relaxed approach to enforcing marijuana laws, allowing states that have legalized to realize the tax benefits of lawful marijuana.  California is now seeking to realize those same benefits. In 2016, California voters legalized recreational marijuana with the passing of Proposition 64 (Prop. 64), also known as the Adult Use of Marijuana Act (AUMA).

With the country’s highest population and largest economy, California’s impact on the marijuana industry is expected to be massive.  Some are predicting that California’s marijuana market will generate $1 billion in tax revenue alone.  Nonetheless, successfully generating revenue from the recreational market largely depends on several unknowable and unpredictable variables.  For example, high prices when legal sales begin could polarize consumers toward the illicit market and stall industry growth.  On the other hand, low prices could undercut a state’s revenue goals.  In addition, even with the general success of the recreational markets in Colorado and Washington, the unique circumstance’s present in California make revenue projections unpredictable.  Complicating matters more, marijuana’s illegal status under federal law also has the potential to slow down market growth and decrease revenue, depending on unpredictable circumstances.  Accordingly, a sound cannabis tax scheme must take these and other uncertainties into account.

This Article focuses on how a tax regime that strives for short term gains will be more susceptible to the unstable conditions of the market.  It explores how California is able to minimize financial risk in the recreational market while facilitating its growth.  This Article argues that California should adopt several mechanisms for adjusting the marijuana tax rate, as recommended in the Rand report, because the current tax scheme is too aspiring and will result in slower market growth over time.  For instance, by scheduling future tax rate increases and exploiting untapped tax bases, California can cash in long-term without overburdening the market in its infancy. Indeed, a tax scheme that focuses on a short rate of return rather than long term gain will fail to optimize cannabis tax revenue.  The marijuana industry will continue to develop in unpredictable ways, making flexibility to change important to the overall success of any marijuana tax regime.  By minimizing risk and facilitating market growth, California can seek to become the golden standard of the cannabis industry.

June 25, 2017 in Business laws and regulatory issues, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (1)

Monday, June 19, 2017

Will Utah be among the states voting directly on marijuana reform in 2018?

Logo_Final-copy_200I already have my eye upon states like Arizona and Michigan for potential notable marijuana initiative votes in 2018.   And this local article, headlined "Medical marijuana advocates within weeks of filing ballot initiative," suggests Utah is another state worth watching.  Here are the basics:

For years now, the Utah Legislature has labored over the question of whether or not to legalize medical marijuana.  In 2014, the Legislature chose to legalize a marijuana extract for use in controlling epileptic seizures.

In 2016, two laws which would have legalized medical marijuana — to differing extents — both passed through the Utah Senate, but never reached a vote in the House of Representatives.  And in the 2017 session, the only marijuana legislation passed allowed only for studies to take place, which could take years to yield results.

Despite the Legislature’s hesitancy to act on medical marijuana legalization, Utahns may have the chance to vote on the issue directly in the form of a ballot initiative in 2018.  “Having tried multiple times to persuade the legislature to help these people and facing significant resistance, we think it’s best now to give the public a chance to decide for themselves,” said Connor Boyack, who is acting as a consultant for the ballot initiative.  Boyack has previously advocated for medical marijuana in his role as the president of Libertas Institute, a Libertarian think tank....

It’s an extensive process to put an issue on the ballot.  First, the language of the legislation must be written and an application turned into the Lieutenant Governor’s Office.  The language of the medical marijuana initiative is almost complete, Boyack said, and is based off of language from one of the bills that failed in the Legislature in 2016.  Senate Bill 73, sponsored by then-Sen. Mark Madsen of Saratoga Springs, was used as a baseline for the language of the ballot initiative, Boyack said, with just a few tweaks.  For instance, autism was added to the list of conditions for which medical marijuana could be used....

According to state law, to get an initiative on the ballot, signatures must be gathered that total 10 percent of the total votes cast in the last presidential election.  Since Utahns cast approximately 1.13 million votes in the 2016 presidential election, it would take just over 113,000 signatures to get an initiative on the ballot.  It’s not as simple as just collecting the 113,000 signatures.  They have to be spread out semi-evenly over the many senate districts in the state....

Boyack said they already have much of the financial backing that will be needed to pay professionals to gather signatures. “We’ve got some very strong commitments,” Boyack said. “We’re following up to get checks written.” He said he’s confident that they’ll get the $2 million needed to pay for signature gathering and promotional media.  “There are a lot of individuals who are very upset with the Legislature for having the chance to help people, then punting,” Boyack said....

Even if the necessary signatures are collected, Utah voters would still have to choose to pass the initiative. Organizations like the Utah Medical Association have consistently opposed legalizing cannabis as medicine before it has been approved by the Federal Drug Administration.  Even the prominent and influential Church of Jesus Christ of Latter-day Saints weighed in on the issue in 2016, specifically favoring one medical marijuana bill over another more comprehensive one.  Boyack says he believes the odds of passage are good — polls show that people want medical marijuana to be legal, he said.

June 19, 2017 in Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Political perspective on reforms, Who decides | Permalink | Comments (0)

Friday, May 5, 2017

Will Michigan become the ninth US state, and first in Midwest, to fully legalize marijuana via ballot initiative in 2018?

ThThe question in the title of this post is prompted by this local article headlined "Pot petition drive officially begins for 2018 Michigan ballot."  Here are the basics:

Marijuana would be legalized for recreational uses and taxed at a rate of 16% under petition language that will be turned in to the Secretary of State today.

If the petition language is approved by the state Board of Canvassers, the group pushing the initiative — the Coalition to Regulate Marijuana like Alcohol — will have 180 days to collect 252,523 signatures from valid registered voters in Michigan. In order to get a cushion to account for signatures that might be thrown out, the group is setting a goal of gathering 350,000 signatures.

That’s a task that will take money, said Josh Hovey, a spokesman for the Coalition.  The group hopes to raise between $8 million and $10 million to both pay people to gather the signatures needed to get on the ballot and to wage a campaign to get the measure passed in November 2018.

“Prohibition is a failed big government program,” said former state Rep. Jeff Irwin, D-Ann Arbor, who is the political director of the coalition.  “We have 20,000 people arrested every year in Michigan. And we’re now going to be in a position to give our citizens a choice to end that.”...

The coalition will have an advantage this year over previous efforts to get the issue on the ballot.  The national Marijuana Policy Project, which has gotten involved in several other states where marijuana legalization has succeeded, has jumped into Michigan’s ballot drive.  So far eight states and the District of Columbia have legalized recreational marijuana, while 29 states have legalized some form of medical marijuana use.

The last group to try and get the issue on the 2016 ballot – MiLegalize – gathered more than 350,000 signatures, but not within the 180-day time frame.  MiLegalize, as well as the Michigan chapter of the National Organization for Marijuana Legalization or Norml, have signed on to the latest effort and will bring its army of volunteers to the push to free the weed.

Marijuana Policy Project has an extraordinary recent track record of success with marijuana reform initiatives, and my sense is that MPP will not get involved in a state campaign unless it feels confident it has a good chance of winning. Michigan will be such an interesting state to watch in the run up to 2018 because of both politics and geography: the state has an (outgoing) Republic Gov and it supported Prez Trump in 2016, but it has two Democratic senators and is sometimes thought of as more of a "blue" state; the state borders Canada and a number of upper-Midwest states (Indiana, Ohio, Wisconsin) that currently have fairly restrictive marijuana policies and politics.

May 5, 2017 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, March 15, 2017

"Tracking the Money That’s Legalizing Marijuana and Why it Matters"

The title of this post is the title of a notable new report issued by National Families in Action. The report can be downloaded at this link, and this press release about the report provides a summary of its themes and core contents:

A new report by National Families in Action (NFIA) uncovers and documents how three billionaires, who favor legal recreational marijuana, manipulated the ballot initiative process in 16 U.S. states for more than a decade, convincing voters to legalize medical marijuana.  NFIA is an Atlanta-based nonprofit organization, founded in 1977, that has been helping parents prevent children from using alcohol, tobacco, and other drugs.  NFIA researched and issued the paper to mark its 40th anniversary.

The NFIA study, Tracking the Money That’s Legalizing Marijuana and Why It Matters, exposes, for the first time, the money trail behind the marijuana legalization effort during a 13-year period.  The report lays bare the strategy to use medical marijuana as a runway to legalized recreational pot, describing how financier George Soros, insurance magnate Peter Lewis, and for-profit education baron John Sperling (and groups they and their families fund) systematically chipped away at resistance to marijuana while denying that full legalization was their goal.  The report documents state-by-state financial data, identifying the groups and the amount of money used either to fund or oppose ballot initiatives legalizing medical or recreational marijuana in 16 states.  The paper unearths how legalizers fleeced voters and outspent — sometimes by hundreds of times — the people who opposed marijuana.

Tracking the Money That’s Legalizing Marijuana and Why It Matters illustrates that legalizers lied about the health benefits of marijuana, preyed on the hopes of sick people, flouted scientific evidence and advice from the medical community and gutted consumer protections against unsafe, ineffective drugs.  And, it proves that once the billionaires achieved their goal of legalizing recreational marijuana (in Colorado and Washington in 2012), they virtually stopped financing medical pot ballot initiatives and switched to financing recreational pot.  In 2014 and 2016, they donated $44 million to legalize recreational pot in Alaska, Oregon, California, Arizona, Nevada, Massachusetts and Maine. Only Arizona defeated the onslaught (for recreational marijuana).

March 15, 2017 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, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, February 22, 2017

Reviewing ups-and-downs and defeat in 2015 of Ohio effort to legalize recreational marijuana via Issue 3

UntitledI am excited to remind readers (and also my students) that it is that time of year again:  students in my Ohio State University Moritz College of Law marijuana reform seminar are gearing up to begin in-class presentations.   This means, inter alia, that this blog space will be filled in coming weeks with links and materials provided by my students as a background/preview for their coming presentation.

The first of the scheduled presentations involves a review of this history (and epic fail) of Issue 3, the 2015 campaign in Ohio seeking passage of a state constitutional amendment that would have fully legalized marijuana in the Buckeye State and put the rights to grow marijuana in the hands of a small group of financial backers of the initiative campaign.  The student making this presentations has suggested the following reading for classmates (and any others interested in recalling this tale):

"Is Responsible Ohio's mascot Buddie 'the Joe Camel of marijuana'?"(Oct 21, 2015 press article)

"On Ballot, Ohio Grapples With Specter of Marijuana Monopoly" (Nov 1, 2015 press article)

Proposed Constitutional Amendment Issue 2: "Anti-monopoly amendment; protects the initiative process from being used for personal economic benefit"

Proposed Constitutional Amendment Issue 3: "Grants a monopoly for the commercial production and sale of marijuana for recreational and medicinal purposes"

"Ohioans reject legalizing marijuana" (Nov 4, 2015 press article)

UPDATE:  And here is one more: "Will Ohio's Marijuana Amendment Go up in Smoke" (Sept/Oct Ohio Lawyer article)

February 22, 2017 in Assembled readings on specific topics, Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Thursday, February 9, 2017

Nevada lawmakers seemingly moving quickly to make recreational marijuana reform operational

Nevada-marijuana-billIn Massachusetts and Maine and even in California there have been various moves made by various state officials and politicians to slow the process and progress of implementing 2016 ballot initiatives that legalized recreational marijuana in those states.  But the state-level implementation story seems quite different in Nevada according to this new local article headlined "Nevada officials fast track plan to regulate recreational marijuana." Here are the details:

State officials plan to move quickly with a task force for regulating recreational marijuana, the Nevada Senate Judiciary Committee heard Wednesday. The first steps will be putting temporary regulations in place by July to allow medical marijuana establishments to sell recreational marijuana. By the end of the year, permanent regulations are to be in place.

In the world of state government, that is a fast-tracked process for completing regulations. It can take a year or so for that to happen. “The idea is that we would get going pretty quickly,” said Deonne Contine, executive director of the Nevada Department of Taxation.

In November, Nevada voters approved Question 2, which legalized recreational marijuana and tasked the state’s Department of Taxation with developing regulations to guide the new industry. Recreational marijuana has a strong place in the budget plans of Gov. Brian Sandoval, who has proposed a 10 percent tax on the retail recreational marijuana sales to generate an estimated $70 million for public education.

The state is piggybacking on its medical marijuana program, which started in 2014. The temporary program will allow licensed medical marijuana establishments to sell recreational marijuana. Those licenses will be good until Dec. 31, or 30 days after permanent regulations are in place, whichever is first. To get temporary regulations in place, the state will have a public workshop in mid-March followed by an adoption hearing on May 8 at the Nevada Tax Commission meeting. The state would start accepting applications for temporary licenses in May and begin issuing them on July 1.

During that time, the legwork for the permanent regulations will be underway. Sandoval issued an executive order this week for a 16-member statewide task force to develop regulations, with input from local government, public safety and public health officials. That task force will meet monthly between February and April and issue a report in May. The goal is to send a draft of permanent regulations to the Legislative Counsel Bureau for review in July. That will be followed by a public workshop in the fall and adoption by December.

February 9, 2017 in Initiative reforms in states, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)