Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, April 26, 2017

National District Attorneys Association releases report on "Marijuana Policy: The State and Local Prosecutors' Perspective"

UntitledIn this post a few months ago, I praised the  National District Attorneys Association for forming a diverse working group to address modern marijuana laws and polices.  As detailed in this local article, though, it does not seem all the diverse perspectives reflected in the working group resulted in a nuanced position paper from the group:

District attorneys from across the nation recently backed a position statement that declares that marijuana legalization has increased access by children and that supports federal enforcement.  The perspective – ironically released by the National District Attorneys Association on April 20, the 420 day of marijuana celebration – could help guide policy direction by the Trump administration, which has signaled a possible crackdown.

“Legalization of marijuana for purported medicinal and recreational purposes has increased access by children.  For all of these reasons, it is vitally important to do all we can to prevent access to marijuana by youth in America.  Their health, safety and welfare demand no less,” the perspective states.  It suggests that “marijuana for medical use and recreational use clearly sends a message to youth that marijuana is not dangerous and increases youth access to marijuana.”  The opinion goes on to say that alcohol is different because “alcohol use does not cause the same type of permanent changes to teens’ ability to concentrate and learn that marijuana does.”

The perspective cites “scientific studies” that show cannabis can be addictive, especially for children, and initial evidence of child hospitalizations due to “unintended exposure to marijuana.”   The perspective in many instances draws upon information provided by the anti-marijuana group Smart Approaches to Marijuana, or SAM.

On federal enforcement, the NDAA white paper states that there should be a consistent application of federal law across the nation “to maintain respect for the rule of law.”

The statement has split Colorado district attorneys, especially on the issue of impacts to children. In Colorado, the experience has been the opposite. The latest Healthy Kids Colorado Survey from 2015 found that teen cannabis use has not increased since legalization.  Gov. John Hickenlooper, a Democrat, in February on national television reiterated those statistics.  “We didn’t see a spike in teenage use, if anything it’s come down in the last year, and we’re getting anecdotal reports of less drug dealers,” Hickenlooper said on “Meet the Press.”

It’s a thorny subject for Colorado prosecutors, where legalization has often left district attorneys in an uncomfortable situation. While cannabis is legal in Colorado, it remains illegal on the federal level and in many states.

Tom Raynes, executive director of the Colorado District Attorneys Council, was one of four people from Colorado on a policy group along with prosecutors from other states with “positions all over the spectrum,” he said.  “Nowhere does that document say an individual office or any state organization takes a specific position,” Raynes said.  Raynes said he finds the NDAA statements to be “innocuous and general in nature.”

“The only other statement one could make is that federal drug policy should be applied inconsistently across the nation,” Raynes said. “That would be absurd.”

But Boulder District Attorney Stan Garnett, who leans to the left on criminal justice reform and who sat on the NDAA panel, took issue with the perspective of the association. He said the association is “dominated” by conservative prosecutors from the rural South.  “They don’t tend to be people on the cutting edge of criminal justice reform,” Garnett said.  He added that his participation on the working group was “pretty painful.”  Prosecutors wanted to send a letter to Hickenlooper demanding that he close down all legal marijuana businesses in Colorado.  The governor would not have even had the authority to make such a move.

“If anything, use is going down by children,” Garnett said, adding that NDAA is a conservative group without a lot of experience in the regulated legalized marijuana industry.  There’s a lot of urban myths out there about what’s going on in Colorado from people who don’t really know, and some of that is promulgated by the DEA and the prohibition groups who are funded pretty heavily to continue marijuana prohibition, They tend, on occasion, to distort the reality of what’s going on in Colorado.”

The relatively short report from NDAA is titled "Marijuana Policy: The State and Local Prosecutors’ Perspective," and it can be accessed in full at this link.

April 26, 2017 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (2)

Tuesday, April 25, 2017

Making the latest full-throated pitch for Congress to finally do something on marijuana reform

Paul Armentano, the Deputy Director of NORML, has this new Daily Caller commentary headlined "It’s Time For Congressional Action On Marijuana Policy." Like many other calls for congressional action, I doubt this piece will actually prod any politician into action. But it is a worthwhile read as a sign of the federal reform advocacy times, and here are excerpts:

West Virginia recently became the 30th state to authorize the physician-recommended use of marijuana or marijuana-infused products.  An additional fourteen states permit patients to access products containing cannabidiol, a specific chemical compound available in the cannabis plant.  And this past January, scholars at the National Academy of Sciences determined that there exists “conclusive evidence” that the herb is effective for the treatment of chronic pain and other diseases.  Nonetheless, federal law continues to declare that neither marijuana nor any of its organic constituents possess any “accepted medical use in treatment in the United States.”  This sort of Flat Earth contention no longer passes the smell test.

That is why it remains exceedingly curious and excruciatingly frustrating that members of Congress steadfastly refuse to amend federal law in a manner that comports with this new reality.  Ninety-four percent of US voters now believe that medical cannabis therapy ought to be legal and regulated, according to survey data provided last week by Quinnipiac University, and the overwhelming majority of Americans now reside in jurisdictions that have amended their laws in a manner that recognizes the therapeutic utility of the cannabis plant.  It is high time that federal lawmakers do the same, and do so soon.

The failure of Congress to amend federal marijuana laws places the millions of patients who rely on these state-sanctioned programs at legal risk.  That is because an existing federal provision protecting these programs could potentially expire later this week. The provision, known as the Rohrabacher-Farr amendment, maintains that federal funds can not be used to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”  In December, Congress re-authorized the amendment as part of a short term spending package through April 28, 2017, at which time the budget — and the Amendment — will expire unless it is reauthorized by Congress.

In recent years, strong majorities of Congress have voted in favor of keeping this budgetary provision in place and it is vital that they do so again, especially now that the incoming administration has threatened to increase anti-marijuana enforcement efforts in states that have legalized it.  Yet Congress can do far more.

Several bipartisan pieces of legislation are pending before the House and Senate that would rectify the existing, and ultimately untenable, conflict between state and federal marijuana laws.  Among these, SB 777 | HR 1810 would amend the federal tax code in a manner that acknowledges the legitimacy of state-licensed marijuana businesses, HR 1820 would expand medical cannabis access to eligible military veterans, and HR 715 would reclassify marijuana and cannabidiol under federal law in a manner that for the first recognizes their therapeutic utility.

In addition, both HR 975, ‘The Respect State Marijuana Laws Act,’ and HR 1227 provide states with the flexibility and autonomy to establish their own marijuana policies free from federal interference.  More than seven out of ten voters, including majorities of self-identified Democrats, Independents, and Republicans, support allowing states — not the federal government — the power to arbitrate pot policy....

[W]e know enough about the relative safety and efficacy of cannabis, as well as the failures of cannabis prohibition, to allow adults the option to consume it and to allow states the autonomy to regulate it as best they see fit. It is time for members of Congress to acknowledge this reality and to amend federal laws in a manner that comports with majority public opinion and the plant’s rapidly changing legal and cultural status.

April 25, 2017 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

"Marijuana may be a miracle treatment for children with autism"

Images (1)The title of this post is the headline of this notable new USA Today article.  I generally have a tendency to be skeptical of the tendency of some marijuana reform advocates to claim that marijuana is a "miracle plant" that can safely cure every possible ailment.  But I also generally have a tendency to believe there is a whole lot we still do not know about how the cannabis plant might impact brain functioning, and thus I do not wish to be immediately dismissive of serious research making serious claims about cannabis being helpful in dealing with a serious medical problem.   With that prelude, here are a few excerpts from the USA Today piece:

There is anecdotal evidence that marijuana’s main non-psychoactive compound — cannabidiol or CBD — helps children in ways no other medication has. Now this first-of-its-kind scientific study [in Israel] is trying to determine if the link is real.

Israel is a pioneer in this type of research. It permitted the use of medical marijuana in 1992, one of the first countries to do so. It's also one of just three countries with a government-sponsored medical cannabis program, along with Canada and the Netherlands. Conducting cannabis research is also less expensive here and easier under Israeli laws, particularly compared to the United States, which has many more legal restrictions.

Autism is one of the fastest-growing developmental disorders, affecting 1 in 68 children in the United States, according to the Centers for Disease Control and Prevention. Its debilitating symptoms include impaired communication and social skills, along with compulsive and repetitive behaviors. Autism typically emerges in infancy or early childhood. Advocates for combating the disorder are calling attention to it by declaring April National Autism Awareness Month....

Only two medications have been approved in the United States by the Food and Drug Administration to treat the symptoms of autism. Both are antipsychotic drugs that are not always effective and carry serious side effects....

Adi Aran, the pediatric neurologist leading the study, said nearly all the participants previously took antipsychotics and nearly half responded negatively. Yael desperately pushed Aran and other doctors to prescribe cannabis oil after a news report aired about a mother who illegally obtained it for her autistic son and said it was the only thing that helped him. “Many parents were asking for cannabis for their kids,” Aran said. “First I said, 'No, there’s no data to support cannabis for autism, so we can’t give it to you.'”

He said that changed about a year ago after studies in Israel showed that cannabis helped children with epilepsy by drastically reducing seizures and improving behavior for those who also have autism. Epilepsy afflicts about 30% of autistic children, Aran said. Mounting anecdotal reports of autistic children who benefited from cannabis also led Aran to pursue more scientific testing. After seeing positive results in 70 of his autistic patients in an observational study, Aran said, “OK we need to do a clinical trial so there will be data."...

Aran cautioned against premature conclusions about cannabis as a treatment for autism, but he said many children have shown significant improvements. Some no longer hurt themselves or throw tantrums. Some are more communicative. Others were able to return to classes after they had been suspended for behavioral problems....

Tamir Gedo, CEO of Breath of Life Pharma, which provides the cannabis oil for the study, said one mother reported, "My child is speaking relentlessly. … He never spoke before. And he's 12 years old.” One major concern is the long-term impact of prescribing cannabis to young patients, said Sarah Spence, co-director of the Autism Spectrum Center at Boston Children’s Hospital. “There certainly could be harm” to brain development, she said. But opioids and antipsychotic drugs currently prescribed to children are more harmful, said Gedo. “These families have no other hope.”

Notably, there is an advocacy group for treating autism with medical marijuana known as MAMMA, Mothers Advocating Medical Marijuana for Autism.

April 25, 2017 in Medical community perspectives, Medical Marijuana Commentary and Debate | Permalink | Comments (0)

Friday, April 21, 2017

Heading out to speak at 2017 World Medical Cannabis Conference & Expo

Blogging in this space will be light over the next few days because I am about to travel to Pittsburgh to attend and participate in the 2017 World Medical Cannabis Conference & Expo.   As this schedule details, I am speaking tomorrow afternoon (Saturday) on a panel titled "Higher Education & Its Role in the Industry." Here is how the panel is previewed:

The cannabis industry is set to create more jobs than established industries like manufacturing by 2020.  However, there is still no clear path to getting involved in the industry or clear educational path.  Students need more courses and curriculum that teaches the fundamentals of the industry.  These include all areas of the industry including business, agriculture, research, etc.  This panel will talk about what courses are currently available for students and what still needs to be offered as well as how higher education can translate their findings into commercial services and products the industry can use to advance itself.

April 21, 2017 in Business laws and regulatory issues, Employment and labor law issues, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, April 17, 2017

Denver Post rounds up series of "Perspectives on Cannabis"

The Denver Post, as highlighted here, this past weekend had a section of its "Sunday Perspective" focused on marijuana reform. Included among the section's contributors were "former Cannabist editor Ricardo Baca, U.S. Rep. Jared Polis, Greenwood Village Police Chief John Jackson, L’Eagle grow and dispensary owner Amy Andrle, Kayvan Khalatbari co-founder of Denver Relief Consulting, and former teachers turned science-based marijuana curriculum developers Sarah Grippa and Molly Lotz." Here are the headlines of the pieces with links:

April 17, 2017 in History of Marijuana Laws in the United 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)

Monday, April 3, 2017

Looking at realities and regulations for CBD oil and other cannabis products without THC

One of my Marijuana Law, Policy & Reform seminar students is taking a deep dive into products and processes involving cannabis without THC, giving particular attention to the "murky issues relating to CBD oil and the extraction of oils from all cannaboids." For this topic, my student has provided for posting here "some interesting articles about CBD oil, hemp and the implications for the USDA and FDA [that reveal] some conflicting reports about legality, organic certification and other important matters" as background for his presentation:

USDA Instruction on Organic Certification of Industrial Hemp Production

Press article: "USDA Announces Domestic Grown Hemp Can’t Be Labelled Organic"

Press release: "CBDRx Receives USDA Organic Certification for Its Hemp"

FDA report: "2016 Warning Letters and Test Results for Cannabidiol-Related Products"

Press article: "New DEA Rule Says CBD Oil is Really, Truly, No-Joke Illegal"

April 3, 2017 in Assembled readings on specific topics, Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate | Permalink | Comments (0)

Sunday, April 2, 2017

Diving into issues presented by marijuana in the workplace

As readers know from recent posts, my Marijuana Law, Policy & Reform seminar students deep into their class presentations and we have a big final few weeks afoot. One student this coming week is looking at labor and employment law issues, and here are the materials this student has prepared for background on this topic:

Briefing on "Legal Issues: Marijuana In The Workplace"

Article on "Marijuana Use and Its Impact on Workplace Safety and Productivity"

Article on "Medical Marijuana and the Workplace: What Employers Need to Know Now"

Press report on "Colorado Supreme Court says companies can fire workers for using medical marijuana in their off-hours"

April 2, 2017 in Assembled readings on specific topics, Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Saturday, April 1, 2017

Marijuana Policy Within Professional Sports -- Arguments For and Against League Acceptance and Player Use

In my Marijuana Law, Policy & Reform seminar, there is often interest in exploring how professional sports leagues deal with marijuana issues (and the issue changes dynamically nearly every year).  This year is no different, and  I am excited to review the materials and hear the presentation of this year's student addressing the topic that serves as the title of this post.  Here are several links to articles sent to me by the student in preparation for his presentation:

National Football League, Policy And Program On Substances Of Abuse

Article on "MLB, NBA, And NFL’s Policy On Cannabis

Article on "NFLPA: Marijuana policy in NFL is "a CBA issue, not a law-enforcement issue'"

Commentary on "Why the NBA’s Marijuana Policy Is Superior to the NFL’s"

Article on "The NHL's Attitude Toward Marijuana Might Surprise You"

Article on "The Effect Of Weed On Exercise: Is Marijuana A Performance-Enhancing Drug?"

Article on "The Green Team: 18 of the Biggest Cannabis Advocates in Sports"

April 1, 2017 in Assembled readings on specific topics, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Sports | Permalink | Comments (0)

A Survey of Legal Issues & Risk Management Methods for Medical Marijuana Start-ups in Ohio

A terrific guest speaker for part of my last class means that my Marijuana Law, Policy & Reform seminar students are going to be making a large number of class presentations this week.  So, blog readers should be prepared and excited to be seeing a bunch of posting about diverse topics that are the focal point for student work.  For example, one student is focused on medical marijuana "start ups" in the Buckeye State, and he has provided the following synopsis and links as a preview of his presentation:

The conflict of Ohio law and applicable federal law on medical marijuana presents a myriad of legal issues for individuals and businesses to consider when deciding whether to participate in the new cannabis industry.  But because federal law preempts conflicting state law, the primary goal of participants should be to manage the risk of federal enforcement uncertainty to an acceptable level.  For those who are willing and able to manage the risk of uncertainty, participation in the new cannabis industry is not just about making money -it’s also about making history.  Meanwhile, those who are unable to navigate the complex contours of cannabis law are left watching from the sidelines.

1.      Federal Preemption: Risk of Forfeiture. August 2013 Cole Memo; The Role of Local Law Enforcement in Civil Forfeiture

2.      Local Government Law: Risk of Local Zoning/Land Use Restrictions. Ohio H.B. 523; Garcia v. Siffrin Residential Ass'n, 63 Ohio St. 2d 259, 407 N.E.2d 1369 (1980)

3.      Banking Law: Risk of Money Laundering Liability. BSA Expectations Regarding Marijuana-Related Businesses.

4.      Intellectual Property Law: Risk of Unsecured Enforcement Rights. In re Morgan Brown, U.S.P.T.O. Trademark Trial and Appeal Board, Serial No. 86/362,968 (2016); In re Christopher C. Hinton, U.S.P.T.O. Trademark Trial and Appeal Board, Serial No. 85/713,080 (2015).

5.      Tax Law: Risk of Preclusion. Capitalization of Inventoriable Costs; Californians Helping to Alleviate Med. Problems, Inc. v. Comm'r, 128 T.C. 173 (2007).

6.      Employment Law: Risk of Disputes. Ohio HB 523; Casias v. Wal-Mart Stores, Inc., 695 F.3d 428 (6th Cir. 2012).

7.      Bankruptcy Law: Risk of Relief Dismissal. In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014); In re McGinnis, 453 B.R. 770 (Bankr. D. Or. 2011).

April 1, 2017 in Assembled readings on specific topics, Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, March 30, 2017

Should anyone get excited about the new "Path to Marijuana Reform" bills just introduced in Congress?

The question in the title of this post was my first reaction to this big new Cannabist story headlined "Bipartisan 'Path to Marijuana Reform' bills introduced to decriminalize, protect, regulate cannabis industry."  The piece has the subheadline "Three marijuana-related bills address issues such as taxation, banking, civil forfeiture, de-scheduling, decriminalization, research, individual protections and regulation," and here are the basics:

U.S. lawmakers on Thursday introduced a package of marijuana reform bills aimed at protecting and preserving existing state-based programs while laying framework for the federal regulation of cannabis. Sen. Ron Wyden, D-Oregon, and Rep. Earl Blumenauer, D-Oregon, announced the “Path to Marijuana Reform,” a bipartisan package of three marijuana-related bills that address issues such as taxation, banking, civil forfeiture, de-scheduling, decriminalization, research, individual protections and regulation. Included in the package is the reintroduction of legislation from Rep. Jared Polis, D-Colorado, to regulate marijuana like alcohol.

“The federal government must respect the decision Oregonians made at the polls and allow law-abiding marijuana businesses to go to the bank just like any other legal business.” Wyden said in a statement, referencing the legalization efforts in his home state and those made elsewhere. “This three-step approach will spur job growth and boost our economy all while ensuring the industry is being held to a fair standard.”

The Path to Marijuana Reform includes the following bills, according to the announcement from Wyman and Blumenauer:

The Small Business Tax Equity Act — Create an exception to Internal Revenue Code section 280E that would allow businesses compliant with state laws to claim deductions and credits associated with the sale of marijuana. Currently, under 280E, people and businesses cannot claim deductions or credits for the sale of Schedule I or Schedule II substances. Sen. Rand Paul, R-Kentucky, is a cosponsor of Wyden’s Senate bill and Rep. Carlos Curbelo, R-Florida, is sponsoring companion legislation in the House.

Responsibly Addressing the Marijuana Policy Gap Act — Remove federal penalties and civil asset forfeiture for individuals and businesses complying with state law; ensure access to banking, bankruptcy protection, research and advertising; expunge the criminal records for certain marijuana-related offenses; prohibits residents of marijuana-legal states to be required to take a marijuana drug test for positions in the federal civil service; and easing barriers for medical marijuana research.

Marijuana Revenue and Regulation Act (Regulate Marijuana Like Alcohol Act) — Remove marijuana from the Controlled Substances Act; impose an excise tax regime on marijuana products; allow for the permitting for marijuana businesses; regulate marijuana in a manner similar to alcohol. Rep. Polis is sponsoring a portion of this legislation in the House.

I am pleased to see additional federal legislative action in this space, but I have little reason to be hopeful that these reform bills will have any more chance of moving forward than a host of other like marijuana reform bill that have previously been put forward in recent years. I am certain that the pro-reform results of so many 2016 ballot initiatives helps keep the marijuana reform momentum moving, but I do not think this momentum has yet built to the point that anyone should get excited about these new bill becoming law anytime very soon.

March 30, 2017 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Wednesday, March 29, 2017

Yet another serious study finds link between medical marijuana reforms and reduced opioid problems

Regular readers might be getting a bit bored by regular posts here highlighting research showing reductions in opioid use and problems in states that have legalized medical marijuana.  But, especially with the Trump Administration reportedly about to create a new commission to tackle opioid problems, I do not think the research in this arena can be given too much attention.  And, perhaps especially helpful for purposes of influencing the Trump Administration, FoxNews Health here is discussing the latest research under the headline "Would legalizing medical marijuana help curb the opioid epidemic?". The article starts this way:

In states that legalized medical marijuana, U.S. hospitals failed to see a predicted influx of pot smokers, but in an unexpected twist, they treated far fewer opioid users, a new study shows.

Hospitalization rates for opioid painkiller dependence and abuse dropped on average 23 percent in states after marijuana was permitted for medicinal purposes, the analysis found. Hospitalization rates for opioid overdoses dropped 13 percent on average.

At the same time, fears that legalization of medical marijuana would lead to an uptick in cannabis-related hospitalizations proved unfounded, according to the report in Drug and Alcohol Dependence.  "Instead, medical marijuana laws may have reduced hospitalizations related to opioid pain relievers," said study author Yuyan Shi, a public health professor at the University of California, San Diego.

"This study and a few others provided some evidence regarding the potential positive benefits of legalizing marijuana to reduce opioid use and abuse, but they are still preliminary," she said in an email.

Dr. Esther Choo, a professor of emergency medicine at Oregon Health and Science University in Portland, was intrigued by the study's suggestion that access to cannabis might reduce opioid misuse.  "It is becoming increasingly clear that battling the opioid epidemic will require a multi-pronged approach and a good deal of creativity," Choo, who was not involved in the study, said in an email.  

"Could increased liberalization of marijuana be part of the solution? It seems plausible." However, she said, "there is still much we need to understand about the mechanisms through which marijuana policy may affect opioid use and harms."...

Shi analyzed hospitalization records from 1997 through 2014 for 27 states, nine of which implemented medical marijuana policies. Her study was the fifth to show declines in opioid use or deaths in states that allow medical cannabis.

Previous studies reported associations between medical marijuana and reductions in opioid prescriptions, opioid-related vehicle accidents and opioid-overdose deaths. In a 2014 study, Dr. Marcus Bachhuber found deaths from opioid overdoses fell by 25 percent in states that legalized medical marijuana.

The study referenced in this press article is available at this link and is titled "Medical marijuana policies and hospitalizations related to marijuana and opioid pain reliever."

March 29, 2017 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research | Permalink | Comments (0)

Monday, March 27, 2017

Analyzing risks, restrictions, and barriers for those providing medical marijuana recommendations

As readers know from recent posts, my Marijuana Law, Policy & Reform seminar students deep into their class presentations. And a student this coming week is "analyzing and comparing the risks, restrictions, and barriers providers face for providing recommendations." Here are the materials this student has prepared for background on this topic:

CNN article about physician medical marijuana education

ABA article about Malpractice Liability

Nurse Practitioner article about APRN recommendations

ACP article about Marijuana Hospital Policies

Ohio Medical Marijuana Control Program - Advisory Committee - Physician Rule Presentation - Notice and Comment Review on Proposed Rule

Ohio's Proposed Rule for Physicians (draft as of 03/21)

March 27, 2017 in Business laws and regulatory issues, Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Friday, March 24, 2017

Terrific Harvard School of Public Health panel on "Marijuana: The Latest Scientific Findings and Legalization"

Marijuana-web-missed-1-636x358Though other commitments prevented me from watching the event live, I am grateful to have been able to find (and find the time) to watch an hour-long panel discussion on marijuana research and reform today as part of as The Harvard T.H. Chan School of Public Health.  I watched the full video via this page at The Huffington Post, which provides this "preview":

Twenty-eight states and the nation’s capital allow for the legal use of medical marijuana.  The drug is legal for recreational use in eight states and Washington, D.C. But with a new administration in office signaling a crackdown on recreational use, including an attorney general personally opposed to the drug, states are gearing up for a marijuana war.

While medical marijuana has been scientifically proved to ease pain, but the jury is still out on the drug’s other health benefits. A recent study conducted by the National Academies of Sciences, Engineering and Medicine, led by Harvard T.H. Chan School of Public Health professor Marie McCormick, found as much.  Ryan Grim, Washington bureau chief for The Huffington Post, will be joined by McCormick and other policy and research experts for a panel discussion on marijuana’s health benefits and legalization. 

This page at the Harvard School of Public Health indicates that the video will be posted there soon as well, and it provides this additional summary of the event:

California, Massachusetts, Maine, and Nevada became the latest states to legalize recreational marijuana, bringing to 28 the number of states that have okayed the drug for medicinal use, recreational use, or both. Even more states have rules that allow certain kinds of cannabis extracts to be used for medical purposes. At the same time that state legalization is increasing, the Trump administration is signaling that it may ramp up enforcement of federal drug laws, even when they come into conflict with state laws allowing recreational marijuana use. State and local governments may find themselves on uncertain legal ground. Meanwhile, policymakers navigating this new landscape are also working largely without the benefit of a solid foundation of scientific evidence on the drug’s risks and benefits. In fact, a new National Academy of Medicine report describes notable gaps in scientific data on the short- and long-term health effects of marijuana. What do we know about the health impacts of marijuana, and what do we still need to learn? This Forum brought together researchers studying marijuana’s health impacts with policymakers who are working to implement new laws in ways that will benefit and protect public health.

March 24, 2017 in Medical community perspectives, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Science | Permalink | Comments (0)

Monday, March 20, 2017

Providing advice to a potential Ohio medical marijuana business

As noted in recent posts, my Marijuana Law, Policy & Reform seminar students, after a well-deserved Spring Break, are hearing presentations this week about marijuana reform's intersection with immigration (background here) and education (background here). If these presentations (or other realities) end up inspiring my students to want to get into the marijuana industry in the Buckeye State, a third student presentation this week has them covered. Specifically, a student this coming week is presenting on "advising a marijuana dispensary in Ohio," and here are the materials this student has assembled for the planned presentation:

Article discussing 501(C)(4) tax emption (webpage includes link to a law review article for those interested)

Posting on taxation of marijuana dispensaries (includes text of 280E as well as a link to the IRS memo regarding taxation, Memo 201504011, for further optional reading)

---- For further reading on the taxation issue: "Tax Planning for Marijuana Dealers"

Memo summarizing Ohio dispensary rules (with changes after comment period)

---- For further reading, check out the “Dispensary Rules” section of OMMCP website

For more information (not Ohio specific) about industry activity as cultivator or processor and for more general business advice, see "Marijuana Business: How to Open and Successfully Run a Marijuana Dispensary and Grow Facility" (free on Amazon’s Kindle unlimited)

March 20, 2017 in Assembled readings on specific topics, Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Taxation information and issues | Permalink | Comments (0)

Friday, March 17, 2017

Examining marijuana reforms' impact on teachers, students and educational achievement

My Marijuana Law, Policy & Reform seminar students, after a well-deserved Spring Break, are back next week to continue making presentations based on their selected marijuana-related research issue. A student this coming week is looking at issues marijuana reform from an educator's perspective and he will be presenting results from some original survey research. Here are the resources the student assembled as background on this topic:

"Texas Teacher Shouldn’t Be Punished for Marijuana Use in Colorado, Judge Says"

NYT article on an administrative judge ruling that a Texas teacher should not face sanction for smoking marijuana legally in Colorado then testing positive for it in Texas.  Article is tangentially related to my subject, but an interesting case (the judge compares the teacher smoking marijuana in Colorado to a Texas teacher going to another state to gamble at a casino).

"Teen marijuana use in Colorado found lower than national average"

Reuters article summarizing the findings of Colorado Department of Public Health and Environment’s survey of Colorado high school students that found that marijuana consumption among teens actually dipped after legalization in the state. Report also found that the percent of Colorado teens using marijuana was below the national average.

"Will legalization lead to more teens smoking pot?"

This CBS News article summarizes a report by the International Journal of Drug Policy that concluded in 2014 that about 10 percent of high school students that would otherwise be low risk to use marijuana would pick up the habit if it was legal. This hypothesis is based on nationwide survey data from 2007-2011.

"The Academic Opportunity Costs of Substance Use During College"

A study from the University of Maryland School of Public Health that analyzed a 10-year period to conclude that marijuana use contributed to college students skipping more classes, spending less time studying, earning lower grades, dropping out of college, and being unemployed after college. It also concluded that early chronic use can lead to a decrease in IQ.

March 17, 2017 in Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | 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)

Sunday, March 12, 2017

"Medical marijuana business in New York is a bust so far"

NEW-YORKThe title of this post is the headline of this lengthy new local article from Buffalo.  Here are excerpts:

The state health commissioner last year declared New York’s medical marijuana program a success. But the five companies that the state selected in 2015 to get marijuana into the hands of people suffering from debilitating and sometimes terminal diseases such as cancer, AIDS and multiple sclerosis tell a different story.

“Our company is not close to break-even yet," said Ari Hoffnung, president of Vireo Health of New York, which has a marijuana-growing facility in Fulton County and dispenses its products in two downstate and two upstate locations. “And based on my understanding, no one has made a dime here in New York."

If other states were a guide, New York should be preparing for at least 200,000 patients enrolled in the program, the industry estimates. But since medical marijuana went on the market in New York State a little over a year ago, just over 14,000 patients have enrolled to buy the drug at one of the 20 dispensaries scattered around the state. Only half of those are regular customers. Many stopped taking the drug because of high costs, distances they must travel to get it or because they died, industry executives say. Fewer than 900 doctors signed on to certify patients to use the drug.

“There are two things the program is lacking: physicians and patients," said Sen. Diane Savino, author of the bill that opened up medical marijuana treatment in New York State. Now, while the five companies producing medical marijuana struggle to stay alive for lack of customers, the Cuomo administration wants to add five more grow-and-distribution licenses.

At the same time, the administration is not opening up a new bidding process. Instead, the Cuomo administration is turning to five companies – from the original 43 bidders – that lost in the application process two years ago. All of this is worrying the companies still trying to stay afloat. “Every single one of them is financially struggling," Savino said....

Instead of adding new grow facilities, the existing licensees say, New York should more aggressively attract physicians to participate and put dispensaries in more locations. Savino, the Staten Island senator who sponsored the legislation, said she is pushing the Cuomo administration to award new “retail license” dispensaries, but to bar the five existing grower/dispensary firms from owning them. She said the administration does not understand how the medical marijuana marketplace works and that adding new growers while supplies exceed demand is “a big mistake.”

Marijuana companies say they are not arguing more licenses should never be issued to grow and sell marijuana. “No one is making any money here. Twenty percent of us have already failed," said Hoffnung, president of Vireo Health, referring to one of the original licensees that sold out to a California company because of financial problems.

March 12, 2017 in Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, March 6, 2017

Examining studies on marijuana and THC in the treatment of psychiatric diseases and CBD in the treatment of neurological disorders

As recent posts highlight, my Marijuana Law, Policy & Reform seminar is now deep into the part of the semester in which student are making presentation based on their selected marijuana-related research issue. One student this coming week is exploring "the use of THC in the treatment of psychiatric diseases, in comparison to the use of CBD in the treatment of neurological disorders." Here are the studies the student plans to discuss:

Overarching Study:

National Academies of Science

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Studies on the application of CBD to neurological disorders:

Cannabinoids in experimental stroke: a systematic review and meta-analysis

Cannabidiol and endogenous opioid peptide-mediated mechanisms modulate antinociception induced by transcutaneous electrostimulation of the peripheral nervous system

Medical Marijuana in Certain Neurological Disorders

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Studies on the Application of THC to psychological disorders:

Cognitive and clinical outcomes associated with cannabis use in patients with bipolar I disorder.

Chronic Stress Impairs α1-Adrenoceptor-Induced Endocannabinoid-Dependent Synaptic Plasticity in the Dorsal Raphe Nucleus

Antidepressant-like and anxiolytic-like effects of cannabidiol: a chemical compound of Cannabis sativa (illustrating that anxiety, typically thought to be reduced by THC, may experience greater reduction thorough CBD)

March 6, 2017 in Assembled readings on specific topics, Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research | Permalink | Comments (0)

Sunday, March 5, 2017

Examining connections between marijuana reform and opioid epidemic

Friday, March 3, 2017

What might marijuana law look like if we really treated marijuana like a medicine?

The question in the title of this post is the question being raised by a student presentation in in my Marijuana Law, Policy & Reform seminar next week. The student addressing this issue has assembled the following background reading:

1.  Press article: "11 key findings from one of the most comprehensive reports ever on the health effects of marijuana"

2.  Information from the FDA: "What is the approval process for a new prescription drug?"

3.  More from the FDA: "FDA and Marijuana"

4.  Press article: "Most uses of medical marijuana wouldn't pass FDA review, study finds"

5.  Press article: "When Your State Says Yes To Medical Marijuana, But Your Insurer Says No"

March 3, 2017 in Assembled readings on specific topics, Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)