Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, December 2, 2016

A few notable international marijuana reform headlines

Tuesday, November 22, 2016

Legal weed coming to the U.K.?

The question in the title of this post is prompted by the recent release of this report by several U.K. lawmakers titled The Tide Effect: How the world is changing its mind on cannabis legalisation. The executive summary states:

DownloadThe people of California have just voted to legalise cannabis – a decision which will have immense repercussions both in America and around the world, while efforts are already underway in Canada to legally regulate the cannabis market. The Tide Effect argues strongly that the UK should follow suit, and that the legalisation of cannabis here is both overdue and imperative.

 

The eight main points outlined in The Tide Effect are:

 

  1. The government strategy is based around three main pillars: reducing demand, restricting supply and building recovery. All three are failing.
  2. Regulation is substantially more desirable than simple decriminalisation or unregulated legalisation, because only regulation addresses all four key issues: ensuring that the product meets acceptable standards of quality and purity; removing criminal gangs from the equation as far as possible; raising revenue for the Treasury through point-of-sale taxation; and best protecting public health.
  3. The entire language used to address cannabis-related issues needs to change. Language poses a barrier every bit as formidable as legislation does. The opponents of legalisation have long been able to reinforce their position by using the words of public fear – ‘illegal,’ ‘criminal’, ‘dangerous’, and so on. Only by using the language of public health, consumer rights and harm reduction, the same language used about alcohol and tobacco, can we move towards regulation.
  4. The scale of a legalised industry will be huge. The US market is estimated to be worth $25bn by the time of the next election in 2020. A similarly regulated UK market could be worth around £7bn per annum.
  5. Legally regulating cannabis will allow long-term studies of its health effects not currently possible. The effects of both tobacco and alcohol are well understood because of the amount of scientific scrutiny brought to bear on them.
  6. Many shifts in public policy are prompted, or at least prodded, by an emotional response on the part of the public. Greater efforts must be made to show that the cannabis issue also has a human aspect to which many people respond.
  7. Any campaign to legalise cannabis must be multifaceted, involving public support, media analysis and political engagement.
  8. Responsibility for cannabis policy should be moved primarily to the department for Health, while the role of the Home Office should change from enforcement of prohibition to enforcement of regulation and licensing.

November 22, 2016 in International Marijuana Laws and Policies | Permalink | Comments (0)

Thursday, October 27, 2016

New study details huge economic opportunities from marijuana legalization in Canada

Images (1)This new Toronto Star article reports on a notable new report about the economic potential presented by marijuana reform in Canada. The piece is headlined "Recreational weed could be a $22.6B industry: study; Sales of legalized recreational marijuana would surpass combined sales of beer, wine, and spirits, it says." Here are excerpts:

Legalized recreational marijuana promises to spark a $22.6-billion industry in Canada, eclipsing combined sales of beer, wine, and spirits, a new study suggests. The Deloitte report — titled Recreational Marijuana: Insights and Opportunities — being released soon concludes that Prime Minister Justin Trudeau’s legalization of cannabis next year could jolt the economy.

“There hasn’t been anything like this — and granted it wasn’t legislated — but you think of the dot-com … flurry,” Mark Whitmore, vice-chair of Deloitte, said in an interview Wednesday. “It has that kind of feel to it. There’s a lot of froth, a lot of interest in this space and a lot of people think there’s going to be an opportunity,” said Whitmore.

Deloitte estimates that satisfying the recreational weed market will mean producing 600,000 kilograms of marijuana annually — far more than the existing 36 licensed producers grow for medicinal purposes.

The consulting firm warns there will be challenges as recreational pot is legalized. “Of course, there will be a practical consideration to take into account when setting marijuana prices that goes beyond what the market will pay,” the 11-page study says. “The challenge will be to set a price point that balances the goal of creating and sustaining a legitimate market (while eliminating ancillary criminal enterprise) with that of not promoting excess consumption.”

In partnership with RIWI Corp., Deloitte surveyed 5,000 Canadians this past summer — including 1,000 identified as recreational marijuana users — and calculated that the base retail market alone would be worth $4.9 billion to $8.7 billion annually. The ancillary market — growers, infused product makers, testing labs, and security — would increase that to between $12.7 billion to $22.6 billion. With tourism revenue, business taxes, licence fees and paraphernalia, Deloitte estimates the market will be even greater than $22.6 billion....

Federally, Trudeau has former deputy prime minister Anne McLellan leading a task force to examine how his government should proceed. McLellan’s panel of experts will report back before Nov. 30 with a blueprint for federal legislation to be introduced next spring. The Deloitte study said regardless of what the new law looks like, it “presents a bold new landscape for Canadian businesses and governments alike.” “What this new landscape might look like remains unclear,” the report says.

The RIWI-Deloitte survey found 40 per cent favour legalization, with 36 per cent opposing it, and 24 per cent undecided. “This will make it challenging to create a broadly accepted regulatory environment,” the report says.

October 27, 2016 in Business laws and regulatory issues, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Tuesday, October 25, 2016

Learn in Italy about Comparative Drug Policy from the Vicente Sederberg Professor of Marijuana Law and Policy

As noted in this post last May, that Professor Sam Kamin of the University of Denver Sturm College had the unique honor to become, thanks to a law firm's endowment, the first Vicente Sederberg Professor of Marijuana Law and Policy. And from Sam I have learned now that law students nationwide now have a unique opportunity to take a unique course from this unique profession in a special setting. Specifically, as this website details, on the Vicente Sederberg Professor of Marijuana Law and Policy will be teaching a special Comparative Drug Policy course as part of the 2017 Denver Law Italy Program in Sorrento, Italy. Here is the official course description:

Comparative Drug Policy (Professor Sam Kamin, 2 credits)

This course will be an investigation of international drug prohibition and the emerging alternatives to it.  We will discuss the international agreements that govern the production and distribution of illicit drugs and the role the US played in creating these agreements.  We will then examine the growing international consensus that prohibition has not worked and look comparatively at the various alternatives to prohibition being adopted around the world.  We will also discuss various metrics for evaluating and assessing the growing number of alternatives to the status quo currently being developed.

October 25, 2016 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Who decides | Permalink | Comments (0)

Wednesday, July 27, 2016

"Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts"

The title of this post is the title of this short essay authored by Mohammad Hajizadeh and now available via this link on SSRN.  Here is the abstract:

Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada.

The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

July 27, 2016 in International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Saturday, July 2, 2016

Canada creates task force to move forward with full marijuana legalization

As reported in this AP piece, "Canada launched a task force Thursday to study the regulation of recreational marijuana ahead of a legalization measure the government plans to send to parliament in the Spring of 2017." Here is more:

Canada's Minister of Justice Jody Wilson-Raybould said that the task force will help devise a system regulating marijuana production, distribution and sales.  Anne McLellan, who will chair the task force, said they will be consulting with provincial and municipal governments, as well as with U.S. states like Colorado and Washington, where recreational marijuana is legal.

McLellan said there's been a deeper understanding of the marijuana landscape over the past decade.  "I think so many people have come to the conclusion, for so many reasons, that the current situation is not working and we need a better way forward," she said.  "I have, myself, concluded that legalization with a regulatory regime, such as the task force will be exploring, is the way forward."

The task force is made up of experts in public health, substance abuse, law enforcement and justice.  The panel, whose recommendations will be made public, will have to report back to the government by November before legislation is introduced in 2017.  The government will also hold an online public consultation that will be open until the end of August.

The legislation will need to be voted on in Canada's House of Commons, but since the current ruling Liberals hold a majority of seats, the bill is expected to pass.

While it's still unclear what restrictions will be imposed on marijuana growers, Bill Blair, the parliamentary secretary to the justice minister, said the government had a responsibility to put in place legislation "to control the production, distribution and the consumption" of pot, especially to keep it out of the hands of children and criminals.

July 2, 2016 in International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, June 27, 2016

Is anyone an expert on international alcohol and marijuana law and policies?

Images (1)One of many reasons I enjoy following marijuana law, policy and reform is because I keep learning and discovering and wondering and getting surprised by news and developments in this space.  The latest example, which also promptes the question that is the title of this post, come from this New York Times article headlined "Marijuana Use Rises in Iran, With Little Interference." Here are some excerpts:

Iran is notorious for its harsh code of conduct enforced by an extensive intelligence apparatus, and it has waged a long and painful war on heroin and opium trafficking, with security forces dying by the thousands over the past two decades in fights with Afghan cartels.  But the same government that executes hundreds of drug dealers every year — and cracks down periodically on alcohol, which is also illegal — seems curiously oblivious to the growing popularity of marijuana.  The government opened 150 alcohol treatment centers in 2015, and the Health Ministry is deeply involved in combating hard drugs like heroin. But marijuana is mentioned only vaguely in the Islamic penal code, and the police pay it little heed.

While the penalty for alcohol consumption is theoretically 99 lashes — most people get off with a fine — there are no prison sentences or lashings prescribed for people found carrying small amounts of pot.

As a result, marijuana use has skyrocketed. Gol, or flower, as marijuana is called here, can be found everywhere in and around the capital.  The skunky smell of marijuana smoke wafts through restaurants in the ski resorts of Dizin and Shemshak. In the winter months, young skiers and snowboarders can be seen casually rolling joints while riding the chairlift up the mountain.  The aroma is routinely detected in Tehran’s public spaces.  “When you stroll through one of Tehran’s parks, you can sometimes smell it, even on streets and squares,” said Taba Fajrak, 27, who works as a choreographer. “Once, I even smelled it in a cafe.”

In college dormitories, students use it to relax or concentrate, and during parties in private houses joints are passed around as comfortably as they might be in Boulder, Colo., or Amsterdam.  Dealers are just a phone call away, and as common as the people who sell illicit DVDs or alcoholic drinks.

Iran does not keep official statistics on marijuana use.  But anecdotal evidence and figures from rehabilitation clinics indicate that pot smoking is widespread in Iranian cities.  Hossein Katbaei, the director of one such clinic, Camp Jordan, said the number of patients his staff was treating for marijuana abuse had quadrupled over the last five years.

The question in the title of this post is prompted in part by the fact that it might be especially interesting and valuable for researchers and others to look at marijuana policies and practicies in middle-eastern countries where alcohol is also prohibited.

June 27, 2016 in International Marijuana Laws and Policies | Permalink | Comments (0)

Saturday, May 21, 2016

Notable commentary highlights how "Legalized Pot, Free Trade" could significantly improve US-Mexico interactions

USThis notable new New York Times commentary, authored by Ioan Grillomay and headlined "Legalized Pot, Free Trade," highlights some international benefits that could and should flow from modenr marijuana reform efforts. Here are excerpts:

Speaking last month at the United Nations special session on drugs, President Enrique Peña Nieto said he wanted to relax the nation’s marijuana laws.  He has since sent Mexico’s Congress a bill to legalize medicine that contains cannabis, allow people to carry an ounce of marijuana without being prosecuted, and free some prisoners convicted on marijuana charges.  “We Mexicans know all too well the range and the defects of prohibitionist and punitive policies, and of the so-called war on drugs that has prevailed for 40 years,” he said.

Mr. Peña Nieto is new to the drug-reform game. Only last year, he said he was against legalizing marijuana, and at one point said he was not even going to attend the United Nations session.

What happened?  He seems to have realized (or been advised) that it is better to be on the side of inevitable change.  The proposal follows the rapid loosening of drug laws in the United States: Four states and the District of Columbia have legalized medical and recreational marijuana, and 20 more states now permit it as medicine.  The president’s shift also follows a November ruling by Mexico’s Supreme Court, which held that the government had no constitutional right to arrest people for their “civil right” of growing cannabis.

And more is coming soon.  In November, Californians could vote on an initiative to legalize marijuana.  If America’s richest state, and one on the border, votes yes, it will have a huge impact on Mexico.  Why would the Mexican government want to crack down on traffickers taking marijuana into California if it were fully legal there?

Various Mexican politicians and activists have come out in favor of wider marijuana legalization. Among them, the opposition senator Mario Delgado has proposed the decriminalization and regulation of cultivation, production and sales across Mexico. The former president Vicente Fox also supports this idea. Mr. Peña Nieto’s proposals make sense, but there’s even more to be done. The current bill would effectively allow cannabis consumption, but it would leave most of the production and selling of it to the black market — which means largely in the hands of drug cartels.

Marijuana reform in the United States has already eaten into the business of Mexican cartels. In 2011, the year before Colorado and Washington State legalized it, the United States border patrol seized 2.5 million pounds of cannabis coming from Mexico.  Last year, with marijuana legal in four states and the District of Columbia, that had fallen to 1.5 million pounds.

However, even the latest number indicates that a significant amount of marijuana is still being smuggled north. The profits pay the cartels’ assassins, as well as corrupt police officers and soldiers, who discard piles of bodies across Mexico. Amid these changing dynamics, it becomes more and more pointless for Mexican soldiers (underwritten by the United States, through the Merida Initiative) to keep up the ritual of burning marijuana crops. What is needed, then, is for both countries to move from the current mishmash of laws toward the inevitable conclusion: that marijuana becomes a legalized product that can be traded over borders.

The same market forces that shape the trade in liquor or tobacco will shape the trade in marijuana. Like those, it generates major profits for the formal economy.  A research group predicts the legalized marijuana market in the United States will be worth more than $6 billion this year, rising to more than $20 billion by 2020.  That could be a boon for the Mexican and United States economies.

A regulated marijuana market won’t suddenly end the bloodshed in Mexico. Cartels would still traffic cocaine, heroin and methamphetamines. The cartels have also diversified to kidnapping, extortion and even oil theft, crimes that can be dealt with only by markedly improved Mexican police forces. But marijuana reform will help immensely. Many in the ranks of Mexican cartels take their first step into the crime world by growing, smuggling or selling pot. That link would be cut, and legal jobs created. Mexican security forces could finally leave the marijuana issue behind to focus on real problems.

The United Nations special session on drugs was heavy on empty talk, but several positive things came out of it. One was that there is no appetite to make countries abide by the United Nations treaties that prohibit the legalization of marijuana. Another is that a range of voices across the world are calling for a new approach to drug policy. The growth of a legalized, binational marijuana market would be a step toward turning those calls into reality.

May 21, 2016 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, May 17, 2016

"Medical marijuana, for babies and their desperate parents"

The title of this post is the headline of this notable new CNN article, which discusses Israel's medical marijuana program. Here are excerpts:

Moments of joy are all too brief for Lavie Parush. They have been since the 2-year-old was born. "Gray" was the word his father used to describe his son, born unconscious. That night, Lavie had his first seizure. "Immediately, they took him to the emergency room," said his father, Asaf Parush. "They doped him up and he was basically passed out the first week of his birth."

For six months, Parush and his wife, Noa, held on to the belief that Lavie's condition would improve. But the seizures worsened. He suffered dozens a day. Doctors diagnosed him with epilepsy and cerebral palsy. Lavie was severely brain damaged.

Doctors put the baby on one drug after another to try to stop the seizures. Each drug required another visit to the hospital. And each one led to another disappointment as the seizures continued unabated. Some drugs had severe side effects, Parush said. Steroids, for example, weakened Lavie's immune system and caused him to become incredibly bloated.

Just before Lavie's first birthday, Parush heard about the use of medical marijuana -- commonly called medical cannabis in Israel -- to treat epilepsy. Unlike other medicines, cannabis is not prescribed by a doctor in Israel. Instead, specialist doctors request a license for a patient to use cannabis for treatment of chronic pain, chemotherapy-induced symptoms, epilepsy and other conditions. The license allows medical cannabis patients between 20 and 200 grams per month. The cannabis is sold at a fixed price of approximately $100 per month, regardless of the amount.

The Ministry of Health points out that the efficacy and safety of medical cannabis "have not yet been established," but the ministry also acknowledges cannabis can help patients suffering from certain medical conditions. Israel has approximately 23,000 licensed medical cannabis users, according to Daniel Goldstein, an industry advocate with Israel Cannabis. Recreational cannabis remains illegal in the country....

Lavie's family requested a license for him from the Ministry of Health for the boy to use medical cannabis. He takes a few drops of cannabis oil every day, mixed into his food. "After a few weeks we didn't see any seizures at all," Parush said.

The cannabis oil, extracted from a strain of cannabis called Avidekel, was developed in northern Israel by one of the country's largest cannabis growers, Tikun Olam. The oil is high in cannabidiol -- or CBD - the pharmacological ingredient in cannabis that has been shown to have anti-inflammatory properties. It is low in tetrahydrocannabinol (THC), the psychoactive ingredient that makes marijuana users high and has been shown to relieve pain.

According to Tikun Olam, Avidekel is the strain used for toddlers and babies. Of Tikun Olam's 6,500 medical cannabis users, only 15 are under 3 years old. The Ministry of Health couldn't confirm the number of toddler and baby cannabis patients in Israel, but Tikun Olam's spokeswoman Ma'ayan Weisberg estimates that no more than 25 children under 3 years old are licensed....

A 2015 study by Dr. Orrin Devinsky of the NYU Langone Comprehensive Epilepsy Center showed a 54% reduction in some types of seizures in 137 people suffering from severe epilepsy who took a liquid form of medical marijuana and did not respond to other treatments. But the study's results will need to be replicated, since it did not adhere to the strictest standards of scientific research, including randomized testing and peer review.

A 2013 Stanford University survey of 19 children between the ages of 2 and 16 suffering from epilepsy found 16 of them self-reported or their parents reported a reduction in seizures from using medical cannabis....

Dr. Uri Kramer, head of the Department for the Treatment of Childhood Epilepsy at Tel Aviv's Ichilov Hospital, said medical cannabis shows promising results in children whose epilepsy has not responded to multiple drugs. "If they are not good candidates for surgery, there are almost no options," said Kramer, who requested the medical cannabis license for Lavie.

Kramer said his patients have shown that medical cannabis has a success rate of approximately 20% in reducing seizures by 75% in epileptic children. "That's much higher than any other drug on the market," said Kramer. But acceptance is not universal. "Some of our colleagues are not convinced yet," he added. "I'd say only about half of the pediatric epiloptologists in Israel are using cannabis."

Research is underway regarding CBD use in children with intractable epilepsy, according to Dr. Angus Wilfong, a pediatric neurologist at Texas Children's Hospital, but Wilfong urged caution. "These studies are complex and take time. No drug should be approved for use in children until scientific studies have validated its efficacy, safety, tolerability, and dosage," said Wilfong.

May 17, 2016 in International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, April 6, 2016

How does the legalization of marijuana in the US impact Mexican cartels?

The question in the title of this post is the query to be explored by an LL.M. student in my seminar this week. Here are the suggested background readings and materials she provided to set up this important topic:

Is the legalization of marijuana a better solution than a war on drugs?

My presentation focuses on the impact that the legalization of marijuana in the US is having in Mexico which is the biggest supplier of marijuana. Also, if the legalization of marijuana is a better solution that the drug war and how the US is supporting Mexico on this drug war. These are the articles I recommend my classmates to read:

U.S.-Mexican Security Cooperation: The Mérida Initiative and Beyond

Marijuana legalization is already making Mexican drug cartels poorer

Mexican marijuana farmers see profits tumble as U.S. loosens laws

April 6, 2016 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Wednesday, February 24, 2016

Notable medical marijuana reform developments in two notable nations

My newsfeed this afternoon popper out these two notable new medical marijuana reform stories from around the globe:

  • Via CBC News (of Canada) here, "Ban on medical marijuana patients growing own pot struck down by Federal Court"

  • Via CNN here, "Medical marijuana legalized in Australia"

I would be grateful to hear views from any readers (or my students during my class tomorrow afternoon) concerning which of these international marijuana reform developments seems more significant.

February 24, 2016 in International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, February 11, 2016

An international perspective on the marijuana reform momentum (and its regulatory challenges) via The Economist

A terrific student in my marijuana seminar alerted me to this lengthy new article in The Economist headlined "Reeferegulatory challenge: A growing number of countries are deciding to ditch prohibition. What comes next?". The article merits a full read, and here are excerpts:

Since California’s voters legalised the sale of marijuana for medical use in 1996, 22 more states, plus the District of Columbia, have followed suit; in a year’s time the number is likely to be nearer 30. Sales to cannabis “patients” whose conditions range from the serious to the notional are also legal elsewhere in the Americas (Colombia is among the latest to license the drug) and in much of Europe. On February 10th Australia announced similar plans.

Now a growing number of jurisdictions are legalising the sale of cannabis for pure pleasure—or impure, if you prefer. In 2014 the American states of Colorado and Washington began sales of recreational weed; Oregon followed suit last October and Alaska will soon join them. They are all places where the drug is already popular (see chart 1). Jamaica has legalised ganja for broadly defined religious purposes. Spain allows users to grow and buy weed through small collectives. Uruguay expects to begin non-medicinal sales through pharmacies by August.

Canada’s government plans to legalise cannabis next year, making it the first G7 country to do so. But it may not be the largest pot economy for long; California is one of several states where ballot initiatives to legalise cannabis could well pass in America’s November elections....

Setting the right level for the tax ... is challenging. Go too low and you encourage use. Aim too high and you lose one of the other benefits of legalisation: closing down a criminal black market.

Comparing Colorado and Washington illustrates the trade-off. Colorado has set its pot taxes fairly low, at 28% (including an existing sales tax). It has also taken a relaxed approach to licensing sellers; marijuana dispensaries outnumber Starbucks. Washington initially set its taxes higher, at an effective rate of 44%, and was much more conservative with licences for growers and vendors. That meant that when its legalisation effort got under way in 2014, the average retail price was about $25 per gram, compared with Colorado’s $15. The price of black-market weed (mostly an inferior product) in both states was around $10.

The effect on crime seems to have been as one would predict. Colorado’s authorities reckon licensed sales—about 90 tonnes a year—now meet 70% of total estimated demand, with much of the rest covered by a “grey” market of legally home-grown pot illegally sold. In Washington licensed sales accounted for only about 30% of the market in 2014, according to Roger Roffman of the University of Washington. Washington’s large, untaxed and rather wild-west “medical” marijuana market accounts for a lot of the rest. Still, most agree that Colorado’s lower prices have done more to make life hard for organised crime.

Uruguay also plans to set prices comparable to those that illegal dealers offer. “We intend to compete with the illicit market in price, quality and safety,” says Milton Romani, secretary-general of the National Drug Board. To avoid this competitively priced supply encouraging more use, the country will limit the amount that can be sold to any particular person over a month. In America, where such restrictions (along with the register of consumers needed to police them) would probably be rejected, it will be harder to stop prices for legal grass low enough to shut down the black market from also encouraging greater use. Indeed, since legalisation consumption in Colorado appears to have edged up a few percentage points among both adults and under-21s, who in theory shouldn’t be able to get hold of it at all; that said, a similar trend was apparent before legalisation, and the data are sparse....

Different places will legalise in different ways; some may never legalise at all; some will make mistakes they later think better of. But those that legalise early may prove to have a lasting influence well beyond their borders, establishing norms that last for a long while. It behoves them to think through what needs regulating, and what does not, with care. Over-regulation risks losing some of the main benefits of liberalisation. But as alcohol and tobacco show, tightening regimes at a later date can be very difficult indeed.

February 11, 2016 in Business laws and regulatory issues, History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Taxation information and issues , Who decides | Permalink | Comments (0)

Sunday, December 13, 2015

"Going to pot? Canada leads way in legalizing marijuana"

C24540ce42f399a040f0229561b41b51.774x437x1The title of this post is the headline of this recent article, which gets started this way: "Justin Trudeau raised eyebrows when he admitted to having dabbled in marijuana while a member of parliament, but his pledge as prime minister to legalize pot has been broadly cheered." Here is more:

He said in a policy speech on [last week] that his Liberal government would introduce legislation as early as 2016 to legalize marijuana, making Canada the first in the G7 bloc of industrialized nations to do so, although precise details remain sketchy.

Two in three Canadians support decriminalizing possession and use of the mind-altering weed, according to a recent Ipsos poll. Support is widespread and at its highest level in three decades, it said, even though cannabis use has fallen off.

Details of the Liberal plan haven't yet been released. However, it is expected to go much further by not only legalizing marijuana but also creating a regulated market for it, as Uruguay and a few US states have done. An estimated one million out of Canada's 35 million people regularly smoke marijuana, according to the latest survey taken in 2014.

Trudeau admitted in 2013 to having smoked pot five or six times in his life, including at a dinner party with friends since being elected to parliament. He has also said that his late brother Michel was facing marijuana possession charges for a "tiny amount" of pot before his death in an avalanche in 1998, and that this influenced his decision to propose legalizing cannabis. "I'm not someone who is particularly interested in altered states, but I certainly won't judge someone else for it," Trudeau said. "I think that the prohibition that is currently on marijuana is unjustified."

In 2014, there were just under 104,000 police-reported drug incidents in Canada. Of these, 66 percent were related to cannabis, primarily for possession, according to the official Statistics Canada. Police chiefs have urged legislative change allowing them to hand out fines for small amounts of pot possession instead of laying criminal charges to reduce policing and court costs, and to do away with such convictions affecting Canadians' travel, employment and citizenship....

The use of marijuana for medicinal purposes was effectively legalized in Canada in 1999, but subsequent efforts to soften Canada's pot laws went up in smoke with the election of Stephen Harper in 2006. Harper took a hard line against what he called a Beatles-era drug culture, saying cannabis was more dangerous for health than tobacco.

His former health minister Rona Ambrose, who succeeded Harper as Tory leader, warned that judicial rulings had chipped away at the 1923 cannabis prohibition before the drug could be shown in clinical trials to be safe to use. In June, she said she was "outraged" that the Supreme Court had expanded the definition of medical marijuana to allow users to bake it into cookies or brew pot leaves for tea instead of only smoking it.

The morning after the Liberals swept to power in October, pot stocks doubled in price as investors bet on firms already producing marijuana for medical use being able to quickly scale up to serve recreational pot users too. Only six firms were initially licensed by Health Canada to grow and sell medical marijuana in 2014. The number of licensees has since shot up to 26. 

For a variety of reasons, I think the commitment of Canada's new ruling party to create a legalized marketplace for marijuana up north could be extremely consequential for the on-going debate over marijuana reform throughout the United States.  In particular, if Canada does get a functional legalizaed marijuana market up and running in 2016, I think it will prove especially difficult for northern states throughout the US to resist reform efforts.  Thus, to parrot a famous South Park riff, if marijuana reform gets a significant boost from the north, supporters of preserving pot prohibition my want to "Blame Canada.

December 13, 2015 in International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Monday, November 16, 2015

New Canadian Prime Minister orders key Cabinet officials to work toward marijuana legalization

As reported in this post a few weeks ago, the big winner in the Canadian national election was the Justin Trudeau, who became Canada's new Prime Minister after leading his Liberal Party to a majority government win.  As noted before, this was big news for marijuana reform fans because the Liberal Party, as detailed here, campaigned with an express promise to "legalize, regulate, and restrict access to marijuana."  Now, thanks to this blog posting. I see that Prime Minister Trudeau recently issued a series of ministerial mandate letters detailing his instructions to his Cabinet officials.  In these three letters, marijuana reform is specified as among the mandates:

Minister of Health Mandate Letter

Minister of Justice and Attorney General of Canada Mandate Letter 

Minister of Public Safety and Emergency Preparedness Mandate Letter

Here is the key mandate language from the first of these letters which is comparable in all three: "Support the Ministers of Justice and Public Safety and Emergency Preparedness on efforts that will lead to the legalization and regulation of marijuana."

November 16, 2015 in Campaigns, elections and public officials concerning reforms, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, November 12, 2015

"Colombia’s government plans to legalize the cultivation and sale of marijuana for medicinal and scientific purposes"

The title of this post is the first line of this notable new AP story providing more evidence that the marijuana reform movement in US states continues to have international echoes.  Here are the details:

The change is coming in an executive decree that President Juan Manuel Santos will soon sign into law. It will regulate regulating everything from licensing for growers to the eventual export of products made from marijuana, Justice Minister Yesid Reyes said.

With the new policy, Colombia joins countries from Mexico to Chile that have experimented with legalization or decriminalization as part of a wave of changing attitudes toward drug use and policies to combat it in Latin America. But unlike many of its neighbors, Colombia has long been identified with U.S.-backed policies to eradicate drug production and a sharp decline in levels of violence over the past 15 years is largely attributed to the no-tolerance policing.

Sen. Juan Manuel Galan, who last year introduced legislation that tracks with the government’s decree, said that as many as 400,000 Colombians suffering from epilepsy and other ailments could benefit from the clearer regulatory framework to be provided by the decree.

Colombians for two decades have been allowed to possess small quantities of any narcotic for personal use thanks to a series of Constitutional Court rulings guaranteeing the “free development of one’s personality.” But the congress and the executive branch have been loath to endorse such views, in part because of officials’ skittishness about showing any weakness in a country that is the biggest supplier of cocaine to the U.S.

Indeed, conservative critics in Colombia and abroad see Santos’ drive to reform drug policy, including a decision earlier this year to end a two-decade-old campaign of spraying illegal coca crops with herbicides, as a sign that the government’s resolve is weakening. Reflecting those concerns, officials went to great lengths Thursday to explain that they are not looking to further liberalize recreational use of marijuana as was recently done in Uruguay, the region’s pioneer in drug policy reform. “Nobody is talking about legalizing anything except for these two purposes,” Reyes said.

Colombia gained international fame since the 1970s as a producer of potent pot strains such as Santa Marta Gold. Health Minister Alejandro Gaviria told Blu Radio that he envisions Colombia positioned as a major global player in the booming market for marijuana products. “Our phones are ringing off the hook as we get ready for the next chapter,” said a statement from John Campo, president of the parent of the U.S.-owned Sannabis company, which is developing cannabis-based oils, creams and other products on a self-governed indigenous reservation in southern Colombia.

November 12, 2015 in International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Saturday, November 7, 2015

"If Mexico legalizes marijuana, what will the U.S. do?"

Mexico-Marijuana-900The title of this post is the headline of this notable and interesting op-ed in the Los Angeles Times authored by Jorge Castañeda, who once served as foreign minister of Mexicoand now teaches at New York University. Here are excerpts:

Mexico may soon enter an elite club composed of Holland, Portugal, Uruguay and Colorado, Oregon and Washington state: It's on the verge of excluding marijuana from the destructive war on drugs. But will the United States stand in its way?

On Nov. 4, Mexico's Supreme Court voted by a wide margin to declare unconstitutional the country's ban on the production, possession and recreational consumption of marijuana. A group of citizens had banded together in a so-called cannabis club (named SMART, for the initials in Spanish of its full title) and requested permission to grow and exchange marijuana among themselves; the government's health agency (the equivalent of the U.S. Food and Drug Administration) denied them permission; the group sought a writ of habeas corpus, and went all the way to the Supreme Court, which granted them the writ and ordered the agency to legalize the club and allow it to function.

This decision does not entail an across-the-board decriminalization of recreational marijuana. For the moment, it applies only to the group that sought permission. But the court's ruling may eventually extend to everyone seeking to grow or consume the drug.

Absent injury to third parties, the court resolved that, under the constitution, every individual has the right to enjoy life as he or she sees fit, and that secondary legislation — like prohibiting marijuana — cannot curtail that right. The court also ruled that although marijuana may cause some degree of harm to some adult users in large quantities, prohibition is an excessive antidote to that harm....

Unlike in the U.S., public opinion in Mexico is against legalizing pot, which is why SMART chose the judicial road instead of pursuing a legislative approach. Recent history has shown that once the courts resolve controversial social issues — abortion, same-sex marriage, living wills — public opinion shifts and eventually comes around to the more progressive view.

The ruling means a great deal for Mexico. Domestically, it probably spells the beginning of the end of its bloody, costly, fruitless war of choice on marijuana. It will be increasingly awkward for the country's armed forces and police to prosecute growers, wholesale traffickers and retail dealers of a substance that can be grown and consumed legally, if not yet bought and sold freely.

The decision will not immediately affect the country's cartels, or the rising (once again) levels of drug-related violence and corruption. It will, however, eventually bring down marijuana prices, which over time will damage the cartels' business. And if President Enrique Peña Nieto wishes to continue the drug war, the decision will free him to concentrate on heroin and methamphetamines (produced in Mexico) and cocaine (brought from South America).

For the country's always prickly ties with Washington, Mexico's Supreme Court ruling could cut either way. If hard-liners in the U.S. — the Drug Enforcement Administration and its supporters in Congress — determine the American response, there will be trouble.... Or, if President Obama as well as the moderates in the State and Justice departments run the show, the decision could serve as a much-needed excuse to rethink prohibition.

Just as Obama wisely decided not to interfere with state-level legalization in the U.S., he could encourage Peña Nieto not to interfere with the court decision. Both governments could unite in making clear that the ruling, plus next year's probable legalization of recreational use in California, make the war on drugs unmanageable.

Both the U.S. and Mexico would then have no choice but to search for alternative solutions, and leave behind the punitive, security-based approach Washington has imposed on the world since the early 1970s.

November 7, 2015 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

New York Times editorial praises spread of push for marijuana legalization

The New York Times has this lengthy and astute editorial headlined "The Push for Legal Marijuana Spreads." Here is how it starts and ends:

Support for making marijuana legal is increasing around the world, and that is a good thing.  Earlier this week, the Mexican Supreme Court opened the door to legalizing the drug by giving four plaintiffs the right to grow cannabis for personal use.

In Canada, the newly sworn in prime minister, Justin Trudeau, has said he intends to change the law so people can use the drug recreationally; medicinal use is already legal in that country.  And in the United States, Senator Bernie Sanders of Vermont, who is seeking the Democratic nomination for president, recently introduced a bill that would let states decide if they want to make the drug legal without worrying about violating federal law.

Laws banning the growing, distribution and possession of marijuana have caused tremendous damage to society, with billions spent on imprisoning people for violating pointlessly harsh laws.  Yet research shows that marijuana is far less harmful than alcohol and tobacco, and can be used to treat medical conditions like chronic pain....

What’s needed now is responsible leadership from President Obama and Congress. They ought to seriously consider the kind of legislation Mr. Sanders has proposed.  His bill would remove marijuana, or “marihuana” as it is called in federal law, from Schedule I of the Controlled Substances Act, which is meant for drugs that have a high potential for abuse and no medical use.

This change would allow states to decide if they want to make the drug legal and how to regulate it without being limited by federal law.  Mr. Sanders’s bill would also make it illegal to transport the drug across state lines.  If Congress is unwilling to act, Mr. Obama should move on his own by ordering the attorney general to request a study by the secretary of health and human services, which would be needed if the administration is to remove the drug from Schedule I on its own.

A growing group of activists, judges and lawmakers is showing the world a path to more sensible drug policies. Mr. Obama and Congress should join them.

November 7, 2015 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, November 5, 2015

Significant Mexican Supreme Court ruling finds personal right to grow marijuana

As reported in this New York Times article, headlined "Mexico’s Supreme Court Opens Door to Legalizing Marijuana Use," a major legal ruling in a notable country could provide yet another jolt to the legal and policy status of marijuana in the Americas.  Here are the basics:

The Mexican Supreme Court opened the door to legalizing marijuana on Wednesday, delivering a pointed challenge to the nation’s strict substance abuse laws and adding its weight to the growing debate in Latin America over the costs and consequences of the war against drugs.

The vote by the court’s criminal chamber declared that individuals should have the right to grow and distribute marijuana for their personal use. The ruling is a first step — applying only to a single cannabis club that brought the suit — and does not strike down Mexico’s current drug laws. But it lays the groundwork for a wave of legal actions that could ultimately legalize marijuana.

The decision reflects a changing dynamic in Mexico, where for decades the American-­backed war on drugs has produced much upheaval but few lasting victories. Today, the flow of drugs to the United States continues, along with the political corruption it fuels in Mexico. The country, dispirited by the ceaseless fight with traffickers, remains engulfed in violence....

The ruling on Wednesday was the culmination of an effort to change the law by four members of a prominent Mexican anti­crime group, Mexico United Against Crime. Mr. Torres Landa and Mr. Santacruz formed a cannabis club with two other people, called the Mexican Society for Responsible and Tolerant Consumption — the Spanish acronym is Smart.

The group applied for a license from Mexico’s drug regulatory agency, but, as expected, was turned down. Their appeal of that decision eventually reached the Supreme Court. “We have been trying to struggle against illegality, and the results were almost negligible,” said Mr. Torres Landa, who says he has never tried marijuana and does not intend to. “Five or six years ago, we asked why? The answer, as the Americans say, was in the money.”

But the ruling on Wednesday applies only to their petition. For legal marijuana to become the law of the land, the justices in the court’s criminal chamber will have to rule the same way five times, or eight of the 11 members of the full court will have to vote in favor.

If the court decisions continue in that direction, they will be flying in the face of public opinion. Mexicans are so opposed to legalizing marijuana that a leading pollster told the Smart group not to bother with a survey, Mr. Santacruz recalled, or to limit it to young people. The Mexican government, legislators and security and health officials all came out against legalization, as did the Roman Catholic Church. Indeed, the authorities have not permitted even the use of medical marijuana.

November 5, 2015 in Court Rulings, Criminal justice developments and reforms, International Marijuana Laws and Policies, Who decides | Permalink | Comments (0)

Monday, October 19, 2015

Liberal party in Canada, after promising marijuana legalization, projected to be big election winner

LiberalslegalizeAs reported in this updating piece from the CBC News, headlined "Justin Trudeau to be prime minister as Liberals surge to majority," the Liberal Party in Canada today appears to have secured a huge victory in the county's national election. Here are the basics:

Justin Trudeau will be Canada's next prime minister after leading the Liberal Party to a majority government win, dashing the hopes of Stephen Harper, who had been seeking his fourth consecutive mandate, CBC News has projected.

This will be the second time Canada will be led by a Trudeau, as the Liberal leader follows in the footsteps of his father, Pierre Elliott Trudeau. The Tories will form the Official Opposition, moving Tom Mulcair's NDP to third-party status.

It's a stunning turnaround for the Liberals, who held only 36 seats at the time of Parliament's dissolution. The Conservatives held 159 seats in the 308-seat House of Commons and the NDP had 95, with another 18 seats either vacant, held by Independents or shared between the Green Party (two seats) and the Bloc Québécois and a splinter group.

This is big news for marijuana reform fans because the Liberal Party, as detailed here, campaigned with an express promise to "legalize, regulate, and restrict access to marijuana."  Because I know so very little about Canadian politics and legal reform, I do not know whether and how quickly the Liberal Party and Canada's  notable new Prime Minister can make this campaign promise a legal reality.  But I do know that these election results up north provide still more evidence that marijuana reform can be a winning campaign issue in some jurisdictions.  

Political-flyer-from-conservative-mp-wai-youngIn addition, if (when?) Canada develops a reasonably functional marijuana legalization model, it will become that much harder for prohibition to persist in the United States, especially in those states that border Canada.  Of course, two states with lengthy Canadian borders have already legalized recreation marijuana (Alaska and Washington), and I have to think the prospects for full legalization have now gotten even brighter in other border states like  Michigan, Maine and Vermont.

That said, I suspect the Liberal Party in Canada will not find it all that easy to implement its marijuana reform campaign promises, and so I would not suggest would-be consumers start booking northern travel plans just yet.  Still, if the new leader in Canada even just begin to have a serious and sustained policy conversation about national marijuana legalization, I think there could well be significant reverberations for the country to the south.

October 19, 2015 in Campaigns, elections and public officials concerning reforms, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Saturday, October 17, 2015

"Lessons from Washington and Colorado: The Potential Financial Gains of Recreational Marijuana to Canada"

The title of this post is the title of this notable paper I just noticed on SSRN.  The paper is authored by Nachshon Goltz and Ekaterina Bogdanov, and here is the abstract:

While Colorado and Washington are among the jurisdictions spearheading the global trend towards legalization of recreational Cannabis (marijuana), Canada lags behind in the regulatory process - but not in Cannabis consumption. An empirical study conducted in downtown Toronto, as well as studies done by Statistics Canada, reveal that Cannabis use is widespread among Canadians, which indicates that the current regulatory regime is not effective as a deterrent.

This paper details the results of the above-mentioned empirical study, reviews the regulatory framework of recreational Cannabis use in Colorado, Washington and Canada, and uses taxation data from Colorado to estimate the potential financial gain of cannabis legalization in Canada. The paper concludes with a brief discussion of the non-financial benefits of legalization.

October 17, 2015 in International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)