Monday, July 28, 2014
As detailed via this report from the folks at Quinnipiac University, the latest polling numbers suggest Florida voters are keenly in support of marijuana reform. Here are the basics concerning a state seemingly poised to bring marijuana reform movement into the south:
Florida voters support legalized marijuana for medical use 88 - 10 percent, with support ranging from 83 - 14 percent among voters over 65 years old to 95 - 5 percent among voters 18 to 29 years old, according to a Quinnipiac University poll released today. The lowest level of support is 80 - 19 percent among Republicans, the independent Quinnipiac University poll finds.
Sunshine State voters also support 55 - 41 percent "allowing adults in Florida to legally possess small amounts of marijuana for personal use," or so-called "recreational marijuana." There is a wide gender gap and an even wider age gap: Men back recreational marijuana 61 - 36 percent while women back it by a narrow 49 - 45 percent. Voters 18 to 29 years old are ready to roll 72 - 25, while voters over 65 years old are opposed 59 - 36 percent. Support is 64 - 32 percent among Democrats and 55 - 40 percent among independent voters, with Republicans opposed 56 - 41 percent.
"Forget the stereotypes of stodgy old folks living out their golden years playing canasta and golf," said Peter Brown, assistant director of the Quinnipiac University poll. "Almost nine- in-ten Floridians favor legalizing medical marijuana and a small majority says adults should be able to possess small amounts of the drug for recreational purposes.
"Even though a proposal to legalize medical marijuana, on the ballot this November, must meet a 60 percent threshold, these numbers make a strong bet the referendum is likely to pass," said Peter Brown, assistant director of the Quinnipiac University poll....
If medical marijuana is legalized in Florida, voters say 71 - 26 percent they would support having a marijuana dispensary in the town or city where they live. Support ranges from 57 - 37 percent among voters over 65 years old to 79 - 21 percent among voters 18 to 29 years old.
July 28, 2014 in Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)
Friday, July 11, 2014
Elizabeth Rodd has posted a Note to SSRN on workplace discrimination and medical marijuana titled: "Light, Smoke, and Fire: How State Law Can Provide Medical Marijuana Users Protection from Workplace Discrimination".
Here is the abstract:
Currently, twenty-one states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, medical marijuana use—either recreational or medicinal—remains illegal under the Federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to engage in state-sanctioned, off-duty use of medical marijuana. To date, courts have refused to grant protections to employees’ who have suffered adverse employment action for their off-duty, state sanctioned medical marijuana use. Although the existing case law appears employer-friendly, employee-friendly dissenting opinions and states that have adopted explicit statutory discrimination protections for medical marijuana users signify that this current trend could easily change. This Note argues that courts should allow employees’ claims for disability discrimination to proceed under state law, and state legislatures should amend their current medical marijuana statutes to afford employment discrimination protection to qualified patients. In doing so, states will be able to protect disabled employees from discrimination due to their use of a state sanctioned therapeutic remedy.
Thursday, June 5, 2014
State AG backs corporation in notable Colorado case concerning fired quadriplegic medical-marijuana patient
As reported in this Denver Post piece, the Colorado "state attorney general's office says Coloradans do not have a right to use marijuana off the job, siding with a satellite television company in its firing of a medical-marijuana patient." This position is articulated in a brief filed in the Colorado Supreme Court in the notable case involving a quadriplegic medical-marijuana patient who was fired by Dish Network after testing positive for marijuana. Here is more of the context:
In a brief filed with the state Supreme Court last month, the Colorado attorney general's office argues that giving workers a right to use marijuana off duty "would have a profound and detrimental impact on employers in the state."
"Contrary to popular perception, Colorado has not simply legalized marijuana for medical and recreational purposes," state attorneys write in the brief. "Instead, its citizens have adopted narrowly drawn constitutional amendments that decriminalize small amounts of marijuana."
The Colorado Court of Appeals — the state's second-highest court — last year upheld Dish Network's firing of a quadriplegic medical-marijuana patient for a positive drug test. Although there is no allegation that Brandon Coats was stoned at work, the company said it has a zero-tolerance policy on marijuana.
Coats say his off-the-job marijuana use should be protected by Colorado's Lawful Off-Duty Activities Statute, which prevents companies from firing employees for doing things outside of work — like smoking cigarettes — that are legal. Dish Network argues that marijuana use can't be considered lawful while cannabis remains illegal federally.
In its brief supporting Dish Network, the state attorney general's office says zero-tolerance policies ensure that employees are able to perform their jobs competently. Requiring employers to prove that workers are stoned on the job before they can be fired would require companies to conduct "intrusive investigations into the personal life of an employee."
"Simply put, zero tolerance policies provide businesses with an efficient means of avoiding difficult employment decisions and even litigation," the attorney general's brief states.
Coats' case is the first time Colorado's highest court has taken up questions about the scope of marijuana legalization in the state, and it has drawn at least six outside groups filing briefs in support of Coats or Dish. The Colorado Mining Association, the Colorado Defense Lawyers Association and the Colorado Civil Justice League — which claims an allegiance with several businesses and groups including the Denver Metro Chamber of Commerce — have filed briefs on behalf of Dish. The Colorado Plaintiff Employment Lawyers Association and the Patient and Caregivers Rights Litigation Project have filed briefs supporting Coats.
The Supreme Court has not announced when it will hear the case.
Sunday, June 1, 2014
The local article, headlined "State profits $6.8 million from medical marijuana," highlights some of the economic realities surrounding medical marijuana in Michigan. Here are the basics:
The state of Michigan raked in $10.8 million during 2013 through the state medical marijuana program. With $4 million in expenses, medical marijuana provided a $6.8 million boost to the state finances, according to a Jan. 1, 2014 report on medical marijuana in Michigan filed to the state Licensing and Regulatory Affairs (LARA) department.
Last year’s profits are slightly higher than 2012, when the state generated $6.2 million in revenue from medical marijuana. As part of the 2008 Michigan Medical Marihuana Act (MMA), a statistical report must be submitted to the state at the beginning of each year. The revenue is generated through licensing fees.
Between Oct. 1, 2012 through Sept. 30, 2013, 82,193 applications for a medical marijuana card were approved while 11,612 applications were denied. The state approved 36,175 applications for a renewed license and denied 8,672 patients with existing licenses....
Patients seeking a medical marijuana card must have a health condition to do so. Severe and chronic pain accounted for nearly 70 percent of claims, followed by severe and persistent muscle spasms, severe nausea and seizures.
This local article from Connecticut, headlined "Medical marijuana's first product, jobs," highlights some of the reasons I believe marijuana reform is going to garner a lot more adherents than opponents among those interesting in economic development. Here are excerpts:
Months before any cannabis-based products will reach patients, Connecticut's new medical-marijuana industry has already created hundreds of jobs -- in construction. Former factories are being reconfigured into secure pharmaceutical facilities for the growing, harvesting, curing and preparation of various strains of marijuana that should be delivered to the state's dispensaries by early fall.
Since the state awarded four marijuana producer licenses in January, an estimated $20 million has been committed to the West Haven, Watertown, Portland and Simsbury buildings that in a few weeks will begin growing thousands of pounds of pot....
In a West Haven industrial zone parallel to Interstate 95, David Lipton, managing partner of the Fairfield-based Advanced Grow Labs, is supervising the conversion of 26,000 square feet of space that will house sterile laboratories, heavily lighted grow areas and budding rooms that will promote marijuana flowers, the part of the plant with the highest concentration of active ingredients. During a tour of the sprawling, noisy one-story building last week, more than a dozen electricians, sheet-rock experts and other subcontractors worked to transform the space....
Advanced Grow Labs is one of a series of new projects that are bringing economic growth, said Joseph A. Riccio Jr., commissioner of development for West Haven. Last year, city building permits brought in $800,000 to the city, but in the first five months of this year, the total has already topped $1 million.
He said the medical marijuana industry is obviously fostering jobs while the region still recovers from the recession. "This is a good boost for tradesmen," he said during a phone interview last week. "Every job is a good job."
Lipton estimates his company has invested about $2.5 million in construction and equipment, employing dozens of workers at a time, from structural and mechanical engineers, to steel fabricators to sheetrock installers, tapers, masons, electricians and plumbers. Those workers are generating Worker's Compensation and payroll taxes for the state. "There's definitely a positive effect on the economy," he said, adding various building and work permits from West Haven generated revenue for the city and that once up and running, the company will also pay personal property taxes....
Thirty-two miles to the north, in a hilltop Watertown industrial park near Route 8, Ethan Ruby, CEO of Theraplant, is supervising a similar conversion to a 63,000-square-foot building, about half of which will be renovated for initial production. The operation will have a 900-square-foot safe for storing market-ready material.
Ruby, who heads the state growers' association, said his company has invested about $8 million, nearly half of the estimated $20 million the four producers have spent for the initial phases of operations. On a recent day, Ruby counted 73 workers on-site, including landscapers, sheetrock installers and electricians.
Friday, May 16, 2014
Following up on yesterday's post about driving and marijuana legalization, the Cannabist reports that a new study has been released showing an increase in the number of Coloradans in fatal car crashes that tested positive for marijuana. The study focused on the period from 2009-2011, when Colorado's commercial medical marijuana market came into being. It does not include post-legalization data.
Like other studies on marijuana and car fatalities, the study's tests cannot determine whether the drivers were actually impaired or whether they had smoked marijuana at some earlier date. As a result, we don't know whether the positive tests are simply the result of increased use or indicative or an increase in impaired driving.
Adding to the complexity, the story notes that traffic fatalities in Colorado decreased overall during the relevant time period. If there had been a significant rise in marijuana-impaired drivers on the road (as opposed to a rise in people testing positive because of a general increase in use), we might imagine that it would have resulted in an overall increase in traffic fatilities. Of course, it could be that marijuana impaired driving led to an increase in fatalities but that the increases were more than offset by other developments (e.g., innovations in car safety, effectiveness at deterring other forms of reckless driving, etc.).
In any event, it will be interesting to see if any future studies are able to tease out whether (and to what extent) legalization is resulting in more marijuana impaired driving. Here's the beginning of the Cannabist story:
One study shows that more drivers involved in fatal car accidents in Colorado are testing positive for marijuana — and that Colorado has a higher percentage of such drivers testing positive for marijuana than other states even when controlled for several variables. But the data the researchers use do not reveal whether those drivers were impaired at the time of the crash or whether they were at fault.
“[T]he primary result of this study may simply reflect a general increase in marijuana use during this … time period in Colorado,” the study’s authors write.
Thursday, May 15, 2014
Via Mike Liszewski at Americans for Safe Access (disclosure: I currently serve on ASA's Board) comes word of a new Congressional effort to remove a barrier to marijuana research. In addition to all of the standard research restrictions restrictions for Schedule I substances, marijuana is subject to an additional Public Health Service review that has stalled some medical marijuana research efforts. A group of Representatives is calling for the PHS review to be eliminated.
Here's the story from ASA:
A bipartisan group of Members of Congress have drafted a letter seeking that the Secretary of Health and Human Services (HHS) remove a federal barrier to medical marijuana research that no other Schedule I substance is subjected to.
Representatives Earl Blumenauer (D-OR), Morgan Griffith (R-VA), Jan Schakowsky (D-IL), and Dana Rohrabacher, (R-CA) are currently seeking additional cosigners to the letter, which seeks to lift the current Public Health Service (PHS) review process that has preventing potentially groundbreaking medical marijuana research from taking place in the United States.
Established in May 1999, the PHS review process was the federal government's response to the 1998 Institute of Medicine report that called for more in depth scientific research to understand the medical value of marijuana. While the plain language of the PHS review protocol says that it is, "intended to facilitate the research needed to evaluate these pending public health questions by making research-grade marijuana available for well-designed studies," the review process has largely served to thwart research rather than facilitate it.
Wednesday, April 30, 2014
In many discussions of modern marijuana reform over at my sentencing blog, frequent commentor Bill Otis was often very quick to highlight that the American Medical Assocation has expressed serious concerns and considerable reservations about the potential health impact of legalizing marijuana. I largely agree with Bill that the medical community should have a significant role and voice in the on-going national marijuana reform debate, and thus I found notablethis new FOXBusiness article headlined "Survey: 53% of Doctors Support National Legalization of Medical Marijuana." Here are the details:
Medical marijuana might be legal in 21 states, but it is still not widely prescribe by doctors across the country — despite the majority of doctors and patients supporting its use. According to a survey by online medical resource WebMD, 69% of doctors and 52% of patients polled say marijuana delivers benefits.
“Regardless of past restrictions, a majority of patients and doctors see marijuana as delivering real benefits to treat patients,” says Michael Smith, chief medical editor at WebMD in the research report. “Uncertainty is the next largest response, with 37% of patients unsure of marijuana’s benefits versus 20% of doctors.”
Among the nearly 1,500 doctors surveyed, 82% of the physicians in favor of medical marijuana were oncologists and hematologists. What’s more, a wide majority of respondents say medical marijuana should be an option for patients. However, the support of legalized marijuana has its limits, according to the survey: 53% of doctors and 51% of consumers oppose legalizing it nationally for recreational use.
WebMD and its Medscape unit polled 3,000 consumers along with 1,500 doctors for its report. Support for medicinal use of marijuana is strong even in states where it’s illegal. According to the survey, 50% of doctors practicing in states where it’s banned say it should be legalized, while 52% of doctors practicing in states that are considering legalizing it for medicinal use support the practice. Forty-nine percent of consumers living in states where it’s not legal support legalizing medical marijuana.
Smith says the findings of the survey indicate the medical community supports the use of medical marijuana, but more studies are needed to boost doctors’ confidence as to where medical marijuana can help and where it may not. “Despite more than 20 years of anecdotal evidence about the medicinal effects of marijuana, doctors and consumers remain in search of answers,” he said in a recent press release.
The press release referenced in this article is available at this link, and it provides some more details about the survey and its results. I also now see WebMD has this entire special section of its website providing coverage of marijuana-related issues.
Tuesday, April 29, 2014
This is your brain on drugs: what a recent fMRI study can and can’t tell us about the effects of marijuana use
Two weeks ago (okay, I'm late to the party), news broke of a new study showing that the brains of casual marijuana users are different than those of non-users. The study was just published in the Journal of Neuroscience and can be found here.
The researchers used magnetic resonance imaging (MRI) to scan the brains of 40 young adults aged 18-25. 20 of those subjects were casual marijuana users and 20 were non-users. Controlling for other behaviors such as alcohol and tobacco use, the researchers found that marijuana use was correlated with changes to the shape, size, and density of particular areas of the brain. From the study:
“The results of this study indicate that in young, recreational marijuana users, structural abnormalities in gray matter density, volume, and shape of the nucleus accumbens and amygdala can be observed. Pending confirmation in other cohorts of marijuana users, the present findings suggest that further study of marijuana effects are needed to help inform discussion about the legalization of marijuana.”
The study generated a lot of media coverage, and, unfortunately, over-statements of the study’s actual implications for ongoing policy debates. For example, the Society for Neuroscience issued a press release for the study. The release, while titled with appropriate caution (“Brain Changes are Associated with Casual Marijuana Use in Young Adults”), relays unsupported claims from scientists regarding the ramifications of the study. One of the authors, Hans Breiter, is quoted as saying ““This study raises a strong challenge to the idea that casual marijuana use isn’t associated with bad consequences.” And Carl Lupica, a researcher from the National Institute on Drug Abuse who was not involved with the study, similarly suggests that “This study suggests that even light to moderate recreational marijuana use can cause changes in brain anatomy.”
The problem is that the study doesn’t necessarily support such conclusions. The study’s findings, while intriguing and valuable, are still quite limited. For one thing, the study will need to be replicated. The subject pool of 40 is rather small. That’s not reason enough to dismiss the study -- much brain science research relies on small n studies, because MRIs are cumbersome and expensive, and one can find statistically significant results with small pools – but it is reason to be particularly cautious about the results pre-replication.
Second, correlation doesn’t equal causation. Law policymakers commonly ignore this important scientific concept, but even scientists sometimes get ahead of themselves and jump to conclusions not warranted by a study’s design. In this study, for example, it is quite possible that people who use marijuana have differently sized and shaped brains to begin with; for example, maybe their brains are simply wired to seek out more risky behaviors and that’s why they’ve decided to use an illicit substance. Since we don’t know the size and shapes of these brains before they started using marijuana, we can’t say which came first: the marijuana usage or “the structural abnormalities in gray matter density, volume, and shape of the nucleus accumbens and amygdala.”
Third, even if the study’s results could be replicated and even if they could (somehow) demonstrate a causal connection between marijuana use and brain structure, it’s not clear from this study anyway why we should care. To be sure, different areas of the brain are associated with different functions and I wouldn't want to tinker with the size, shape, or density of my brain. But the study’s author’s can’t yet say that the changes they observe in brain structure necessarily cause negative changes in behavior. For example, some studies suggest that the nucleus accumbens might play a role in drug addiction. But it’s not clear whether that changes observed in this study are associated with (let alone cause) marijuana addiction or any other bad behavioral outcomes; indeed, the authors made a point of excluding “dependent” marijuana users from the subject pool.
Law and neuroscience is a very promising field. It is generating intriguing findings concerning important issues like culpability. But as the best in this nascent field know, there is still much to be learned about the brain. This study is an intriguing development and clearly worthy of more follow ups. I think research on the brain cold help us understand marijuana’s effects and put them in perspective with those of alcohol, tobacco, cocaine, etc. But for now, bold statements about the import of brain science for policy debates over marijuana seem premature.
April 29, 2014 in Criminal justice developments and reforms, Current Affairs, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Science | Permalink | Comments (2)
Friday, April 4, 2014
If it clearly saved thousands of innocent lives on roadways, would most everyone support medical marijuana reforms?
The question in the title of this post is my sincere inquiry, directed particularly to those most concerned about modern marijuana reform movements, as a follow-up to this extended (data-focused) commentary by Jacob Sollum at Forbes headlined "More Pot, Safer Roads: Marijuana Legalization Could Bring Unexpected Benefits." Here are excerpts (with key research links retained):
The anti-pot group Project SAM claims drug test data show that marijuana legalization in Washington, approved by voters in that state at the end of 2012, already has made the roads more dangerous. The group notes with alarm that the percentage of people arrested for driving under the influence of a drug (DUID) who tested positive for marijuana rose by a third between 2012 and 2013. “Even before the first marijuana store opens in Washington, normalization and acceptance [have] set in,” says Project SAM Chairman Patrick J. Kennedy. “This is a wakeup call for officials and the public about the dangerousness of this drug, especially when driving.”
In truth, these numbers do not tell us anything about the dangerousness of marijuana. They do not even necessarily mean that more people are driving while high. Furthermore, other evidence suggests that legalizing marijuana could make the roads safer, reducing traffic fatalities by encouraging the substitution of marijuana for alcohol....
According to State Toxicologist Fiona Couper, the share of DUID arrestees in Washington whose blood tested positive for THC, marijuana’s main psychoactive ingredient, rose from 18.6 percent in 2012 to 24.9 percent in 2013. That’s an increase of more than 33 percent, as Project SAM emphasizes with a scary-looking bar graph. At the same time, the total number of DUID arrests in Washington rose by just 3 percent, about the same as the increases seen in the previous three years, while DUID arrests by state troopers (see table below) fell 16 percent.
These numbers do not suggest that Washington’s highways are awash with dangerously stoned drivers. So why the substantial increase in positive marijuana tests? Lt. Rob Sharpe, commander of the Washington State Patrol’s Impaired Driving Section, notes that additional officers were trained to recognize drugged drivers in anticipation of marijuana legalization. So even if the number of stoned drivers remained the same, police may have pulled over more of them as a result of that training....
As Columbia University researchers Guohua Li and Joanne E. Brady pointed out a few months ago in the American Journal of Epidemiology, [a recent] increase in marijuana consumption has been accompanied by an increase in the percentage of drivers killed in car crashes who test positive for cannabinol, a marijuana metabolite.
But as with the increase in DUID arrestees who test positive for THC, this trend does not necessarily mean marijuana is causing more crashes. A test for cannabinol, which is not psychoactive and can be detected in blood for up to a week after use, does not show the driver was under the influence of marijuana at the time of the crash, let alone that he was responsible for it. “Thus,” Li and Brady write, “the prevalence of nonalcohol drugs reported in this study should be interpreted as an indicator of drug use, not necessarily a measurement of drug impairment.”
Another reason to doubt the premise that more pot smoking means more deadly crashes: Total traffic fatalities have fallen as marijuana consumption has risen; there were about 20 percent fewer in 2012 than in 2002. Perhaps fatalities would have fallen faster if it weren’t for all those new pot smokers. But there is reason to believe the opposite may be true, that there would have been more fatalities if marijuana consumption had remained level or declined.
While marijuana can impair driving ability, it has a less dramatic impact than alcohol does. A 1993 report from the National Highway Traffic Safety Administration, for example, concluded: “The impairment [from marijuana] manifests itself mainly in the ability to maintain a lateral position on the road, but its magnitude is not exceptional in comparison with changes produced by many medicinal drugs and alcohol. Drivers under the influence of marijuana retain insight in their performance and will compensate when they can, for example, by slowing down or increasing effort. As a consequence, THC’s adverse effects on driving performance appear relatively small.” Similarly, a 2000 report commissioned by the British government found that “the severe effects of alcohol on the higher cognitive processes of driving are likely to make this more of a hazard, particularly at higher blood alcohol levels.”
Given these differences, it stands to reason that if more pot smoking is accompanied by less drinking, the upshot could be fewer traffic fatalities. Consistent with that hypothesis, a study published last year in the Journal of Law and Economics found that legalization of medical marijuana is associated with an 8-to-11-percent drop in traffic fatalities, beyond what would be expected based on national trends. Montana State University economist D. Mark Anderson and his colleagues found that the reduction in alcohol-related accidents was especially clear, as you would expect if loosening restrictions on marijuana led to less drinking. They also cite evidence that alcohol consumption declined in states with medical marijuana laws.
Anderson et al. caution that the drop in deadly crashes might be due to differences in the settings where marijuana and alcohol are consumed. If people are more likely to consume marijuana at home, that could mean less driving under the influence. Hence “the negative relationship between legalization and alcohol-related fatalities does not necessarily imply that driving under the influence of marijuana is safer than driving under the influence of alcohol,” although that is what experiments with both drugs indicate.
Arrest data from Washington are consistent with the idea that marijuana legalization could result in less drunk driving. Last year drunk driving arrests by state troopers fell 11 percent. By comparison, the number of drunk driving arrests fell by 2 percent between 2009 and 2010, stayed about the same between 2010 and 2011, and fell by 6 percent between 2011 and 2012. The drop in drunk driving arrests after marijuana legalization looks unusually large, although it should be interpreted with caution, since the number of arrests is partly a function of enforcement levels, which depend on funding and staffing.
Two authors of the Journal of Law and Economics study, Anderson and University of Colorado at Denver economist Daniel Rees, broadened their analysis in a 2013 article published by the Journal of Policy Analysis and Management. Anderson and Rees argue that marijuana legalization is apt, on balance, to produce “public health benefits,” mainly because of a reduction in alcohol consumption. Their projection hinges on the premise that marijuana and alcohol are substitutes. If marijuana and alcohol are instead complements, meaning that more pot smoking is accompanied by more drinking, the benefits they predict would not materialize. Anderson and Rees say “studies based on clearly defined natural experiments generally support the hypothesis that marijuana and alcohol are substitutes.” But in the same issue of the Journal of Policy Analysis and Management, Rosalie Liccardo Pacula, co-director of the RAND Corporation’s Drug Policy Research Center, and University of South Carolina criminologist Eric Sevigny conclude that the evidence on this point “remains mixed.”
A study published last month by the online journal PLOS One suggests that the substitution of marijuana for alcohol, assuming it happens, could affect crime rates as well as car crashes. Robert G. Morris and three other University of Texas at Dallas criminologists looked at trends in homicide, rape, robbery, assault, burglary, larceny, and auto theft in the 11 states that legalized marijuana for medical use between 1990 and 2006. While crime fell nationwide during this period, it fell more sharply in the medical marijuana states, even after the researchers adjusted for various other differences between states. Morris and his colleagues conclude that legalization of medical marijuana “may be related to reductions in rates of homicide and assault,” possibly because of a decline in drinking, although they caution that the extra drop in crime could be due to a variable they did not consider.
One needs to be very cautious, of course, drawing any firm conclusions based on any early research about impaired driving, car crashes, and marijuana reform. But let's imagine it does turn out generally true that legalizing medical marijuana helps produce a 10% drop in a jurisdiction's traffic fatalities. If extended nationwide throughout the US, where we have well over 30,000 traffic fatalities each and every year, this would mean we could potentially save more than 3000 innocent lives each year from nationwide medical marijuana reform. (One might contrast this number with debated research and claims made about the number of lives possibly saved by the death penalty: I do not believe I have seen any research from even ardent death penalty supporters to support the assertion that even much more robust use of the death penalty in the US would be likely to save even 1000 innocent lives each year.)
Obviously, many people can and many people surely would question and contest a claim that we could or would potentially save more than 3000 innocent lives each year from nationwide medical marijuana reform. But, for purposes of debate and discussion (and to know just how important additional research in this arena might be to on-going pot reform debates), I sincerely wonder if anyone would still actively oppose medical marijuana reform if (and when?) we continue to see compelling data that such reform might save over 50 innocent lives each and every week throughout the United States.
Cross-posted at Marijuana Law, Policy and Reform
April 4, 2014 in Criminal justice developments and reforms, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)
Tuesday, March 18, 2014
Via Nicole Flatow at ThinkProgress, researchers are one step closer to studying the use of medical marijuana to treat PTSD.
On Friday, the federal government took a potentially momentous step back from this position, granting researchers who have for years borne the brunt of this policy access to a legal supply of marijuana. The decision means a psychiatry professor at the University of Arizona who specializes in treating veterans may for the first time be able to perform a triple-blind study on marijuana and post-traumatic stress disorder.
The Multidisciplinary Association for Psychedelic Studies (MAPS) was granted permission to purchase marijuana fro the National Institute on Drug Abuse. The DEA still needs to sign off but it seems likely that it will given this development.
As I discuss in more detail in this law review article, I find the Controlled Substances Act's research restrictions for Schedule I substances especially hard to defend (or, really, to make any sense of at all).
The CSA places substances into Schedule I if they have no currently accepted medical use. Importantly, this category includes both (1) substances we are fairly certain have no medical value and (2) substances that we think may have promise as medicines even if we aren't yet sure either way. (Marijuana is, of course, the most high profile of the latter sort of substance.)
It seems to me that the two categories should be treated very differently as far as research goes. If we know a substance has no medicinal value, then we arguably lose very little by making it hard to study the substance. But if preliminary studies indicate the substance has medicinal value--as, for example, with marijuana--then I'd think we'd want to encourage further study, not make it more difficult.
The CSA, however, puts up the same roadblocks for studying all Schedule I substances, including those that we think hold medical promise. The only conceivable reasons for doing this are leakage concerns (ie, that substances approved for research will leak into the black market) or that the substance is so very dangerous that we need to be extra cautious when studying its medical value.
Certainly neither of these are legitimate concerns when it comes to marijuana. The only people in the United States who have any trouble getting their hands on marijuana are researchers. And the health risks of marijuana are certainly no worse than many FDA approved drugs.
All this is to say this while the news that the federal government may be easing up when it comes to studying marijuana is worth cheering, the core of the problem remains: a regulatory scheme that makes the study of Schedule I substances difficult, even for substances that have shown promise as medicines.
Thursday, March 6, 2014
As reported in this lengthy local article, headlined "Conservative committee opens door to medical marijuana for Florida," a notable swing/southern state now has a number of notable legislators talking in notable ways about marijuana reform. Here are excerpts:
One conservative Republican who has suffered from brain cancer talked about the deceit of the federal government in hiding the health benefits of marijuana for his cancer. Another legislator reluctantly met with a South Florida family, only to be persuaded to support legalizing the drug.
Then there was Rep. Charles Van Zant, the surly Republican from Palatka who is considered the most conservative in the House. He not only voted with his colleagues Wednesday to pass out the bill to legalize a strain of marijuana for medical purposes, he filed the amendment to raise the amount of psychoactive ingredients allowed by law — to make it more likely the drug will be effective.
The 11-1 vote by the House Subcommittee on Criminal Justice, was a historic moment for the conservatives in the GOP-dominated House. It was the first time in modern history that the Florida Legislature voted to approve any marijuana-related product. “That’s because people here in Tallahassee have realized that we can’t just have a bumper-sticker approach to marijuana where you’re either for it or against it,” said Rep. Matt Gaetz, R-Shalimar, the committee chairman and sponsor of the bill after the emotional hearing. “Not all marijuana is created equally.”
The committee embraced the proposal, HB 843, by Gaetz and Rep. Katie Edwards, D-Plantation, after hearing heart-wrenching testimony from families whose children suffer from chronic epilepsy. A similar bill is awaiting a hearing in the Senate, where Senate president Don Gaetz, a Niceville Republican and Matt’s father, has said he has heard the testimony from the families and he wants the bill to pass as a first step. “Here I am, a conservative Republican but I have to try to be humble about my dogma,” Senate President Don Gaetz told the Herald/Times....
For a committee known for its dense, often tedious scrutiny of legal text, the debate was remarkable. Rep. Dave Hood, a Republican trial lawyer from Daytona Beach who has been diagnosed with brain cancer, talked about how the federal government knew in 1975 of the health benefits of cannabis in stopping the growth of “brain cancer, of lung cancer, glaucoma and 17 diseases including Lou Gehrig’s disease” but continued to ban the substance. “Frankly, we need to be a state where guys like me, who are cancer victims, aren’t criminals in seeking treatment I’m entitled too,” Hood said.
Rep. Dane Eagle, R-Cape Coral, said he had his mind made up in opposition to the bill, then changed his mind after meeting the Hyman family of Weston. Their daughter, Rebecca, suffers from Dravet’s Syndrome. “We’ve got a plant here on God’s green earth that’s got a stigma to it — but it’s got a medical value,” Eagle said, “I don’t want to look into their eyes and say I’m sorry we can’t help you,” he said. “We need to put the politics aside today and help these families in need.”
The Florida Sheriff’s Association, which adamantly opposes a constitutional amendment to legalize marijuana for medical use in Florida, surprised many when it chose not to speak up. Its lobbyist simply announced the group was “in support.” The bi-partisan support for the bill was summed up by Rep. Dave Kerner, a Democrat and lawyer from Lake Worth. “We sit here, we put words on a piece of paper and they become law,” he said. “It’s very rare as a legislator that we have an opportunity with our words to save a life.”
The only opposing vote came from Rep. Gayle Harrell, R-Stuart, an advocate for the Florida Medical Association. Her husband is a doctor. She looked at the families in the audience and, as tears welled in her eyes, she told them: “I can’t imagine how desperate you must be and I want to solve this problem for you.” But, she said the bill had “serious problems.” It allowed for a drug to be dispensed without clinical trials and absent the kind of research that is needed to protect patients from harm. “I really think we need to address this using science,” Harrell said, suggesting legislators should launch a pilot program to study and test the effectiveness of the marijuana strain. “This bill takes a step in the right direction … but it’s not quite there.”
Cross-posted at Marijuana Law, Policy and Reform
ProFootballTalk continues its coverage of medical marijuana use and the NFL. The latest: Harvard Professor (emeritus) and longtime medical marijuana advocate, Dr. Lester Grinspoon, has penned an open letter to NFL Commissioner Roger Goodell, calling on the NFL to fund studies on whether marijuana might help treat brain injuries (CTE).
“The extensive research required to definitively determine cannabis’s ability to prevent CTE will require millions of dollars in upfront investment,” Dr. Lester Grinspoon wrote in an open letter to Goodell, via LeafScience.com. “[I]t’s highly unlikely that a pharmaceutical company will get involved in studying cannabis as a treatment for CTE, because the plant [and its natural components] can’t be patented.”
Grinspoon’s letter speaks to the fundamental question of whether the NFL will sit and wait for someone else to figure out whether medical marijuana can help treat or prevent CTE, or whether the NFL is sufficiently committed to the health of players to fully explore this and any other possibility.
Here’s hoping the league adopts the spirit of Dr. Grinspoon’s letter, objectively assessing any possible treatment for CTE and spending money as warranted to explore potential vehicles for helping players reverse or prevent its development.
I think Mike Florio's (of ProFootballTalk) comments at the end of the post (and his continued interest in this story) may be as noteworthy as Grinspoon's letter, at least as far as the future of medical marijuana and the NFL. Florio is among the most prominent NFL reporters right now. His blog is part of the NBC network and he appears on NBC's flagship Sunday Night Football program. If Florio continues covering the story of medical marijuana and the NFL the way he has, I think it will go a long way in terms of keeping it in the mind of football fans (and the league.)
Wednesday, March 5, 2014
"I am more convinced than ever that it is irresponsible to not provide the best care we can, care that often may involve marijuana."
The title of this post is the central and essential thesis of this notable new CNN commentary by Dr. Sanjay Gupta. Here are more excerpts from the lengthy piece:
This scientific journey is about a growing number of patients who want the cannabis plant as a genuine medicine, not to get high.
It is about emerging science that not only shows and proves what marijuana can do for the body but provides better insights into the mechanisms of marijuana in the brain, helping us better understand a plant whose benefits have been documented for thousands of years. This journey is also about a Draconian system where politics override science and patients are caught in the middle.
Since our documentary "Weed" aired in August, I have continued to travel the world, investigating and asking tough questions about marijuana. I have met with hundreds of patients, dozens of scientists and the curious majority who simply want a deeper understanding of this ancient plant. I have sat in labs and personally analyzed the molecules in marijuana that have such potential but are also a source of intense controversy. I have seen those molecules turned into medicine that has quelled epilepsy in a child and pain in a grown adult. I've seen it help a woman at the peak of her life to overcome the ravages of multiple sclerosis.
I am more convinced than ever that it is irresponsible to not provide the best care we can, care that often may involve marijuana.
I am not backing down on medical marijuana; I am doubling down.
I should add that, although I've taken some heat for my reporting on marijuana, it hasn't been as lonely a position as I expected. Legislators from several states have reached out to me, eager to inform their own positions and asking to show the documentary to their fellow lawmakers.
I've avoided any lobbying, but of course it is gratifying to know that people with influence are paying attention to the film. One place where lawmakers saw a long clip was Georgia, where the state House just passed a medical marijuana bill by a vote of 171-4. Before the legislative session started, most people didn't think this bill had a chance.
More remarkable, many doctors and scientists, worried about being ostracized for even discussing the potential of marijuana, called me confidentially to share their own stories of the drug and the benefit it has provided to their patients. I will honor my promise not to name them, but I hope this next documentary will enable a more open discussion and advance science in the process.
Marijuana is classified as a Schedule I substance, defined as "the most dangerous" drugs "with no currently accepted medical use." Neither of those statements has ever been factual. Even many of the most ardent critics of medical marijuana don't agree with the Schedule I classification, knowing how it's impeded the ability to conduct needed research on the plant.
Even the head of the National Institute on Drug Abuse, Dr. Nora Volkow, seems to have softened her stance; she told me she believes we need to loosen restrictions for researchers....
I've tried to pull together these latest developments in our new documentary, "Cannabis Madness." Although the 1936 film "Reefer Madness" was propaganda made to advance an agenda with dramatic falsehoods and hyperbole, I hope you will find "Cannabis Madness" an accurate reflection of what is happening today, injected with the best current science.
You will meet families all across the country -- a stay-at-home mom from Ohio, a nurse practitioner from Florida, an insurance salesman from Alabama -- more than 100 families who have all left jobs, homes, friends and family behind and moved to Colorado to get the medicine that relieves their suffering.
As things stand now, many of these good people don't ever get to return home. Why? Because transporting their medicine, even if it is a non-psychoactive cannabis oil, could get them arrested for drug trafficking. And so they are stuck, cannabis refugees. You will meet them, and if you're like me, you'll be heartbroken to hear their stories, but you'll also have a lump in your throat when you see the raw, true love these parents have for their sick children....
I know the discussion around this topic will no doubt get heated. I have felt that heat. But I feel a greater responsibility than ever to make sure those heated discussions are also well-informed by science. And, with that: I hope you get a chance to watch on March 11 at 10 p.m. Eastern.
Saturday, March 1, 2014
This recent article in USA Today reporting on some recent comments by a notable government scientist confirms yet again that the marijuana reform movement is going to help facilitate research on the drug. Here are excerpts from this article to that end:
One of the nation's top scientists raised concerns about the nationwide move to legalize marijuana, saying regular use of the drug by adolescents had been tied to a drop in IQ and that a possible link to lung cancer hasn't been seriously studied.
"I'm afraid I'm sounding like this is an evil drug that's going to ruin our civilization and I don't really think that," Francis Collins, director of the National Institutes of Health, said Thursday. "But there are aspects of this that probably should be looked at more closely than some of the legalization experts are willing to admit."
He said the National Institute on Drug Abuse, which he oversees, was interested in pursuing such studies now that legalization has made them more feasible to do. But the process will take time, he cautioned. "We don't know a lot about the things we wish we did," he said at a small dinner with journalists hosted by USA TODAY and National Geographic. "I've been asked repeatedly, does regular marijuana smoking, because you inhale deeply, increase your risk of lung cancer? We don't know. Nobody's done that study."
Collins, 63, is a geneticist who led the project to map the human genome. Since 2009, he has headed the NIH, the nation's leading agency for biomedical research....
"There's a lot we don't know because it's been an illegal drug ...," he said. "I think one of the things we'll need to do is take advantage of legalization now to try to mount studies that were impossible before, if people are willing to participate."
Tuesday, February 18, 2014
A helpful colleague alerted me to this interesting article discussing why one Colorado doctor has become a vocal opponent of modern marijuana reforms:
A Libertarian pot advocate turned opponent, Dr. Christian Thurstone, is at ground zero in the marijuana legalization battle. The medical director of a large Colorado youth drug treatment clinic; an associate professor of psychiatry at the University of Colorado, Denver; and one of a small number of doctors board certified in general, child and adolescent and addictions psychiatry, he has unique insight into the marijuana momentum sweeping the nation.
Thurstone believes that marijuana legalization is a disaster in the making. He is not shy about saying so. His experience with Colorado toe-in-the-water legalization of marijuana for medical purposes was his epiphany.
He noticed back in 2009, when Colorado began providing "medical" marijuana for its residents, that his clinic's clientele tripled: 95% of his patients came for marijuana addiction. He learned from his teenage clients that "medical" marijuana was easy to score on the streets. But the potency was increasing from medical grade. Soon his young clients would tell him how marijuana was their preferred medicine for relieving stress and anxiety.
Eventually, these young addicts came in with "medical" marijuana licenses. It was at this point Thurstone felt he needed to act. He wrote a piece for the Denver Post criticizing medical marijuana laws in January 2010 titled "Smoke and Mirrors: Colorado Teenagers and Marijuana." Thurstone made some fighting points. "What Colorado has created is a backdoor way to legalize marijuana, and it has done so in a manner that makes a mockery of responsible medicine," he wrote....
Five years later Thurstone continues his crusade. During an interview on Denver's KUSA television station in January, Thurstone was quoted as saying, "We're seeing a lot more patients, a lot more youth coming to treatment for marijuana addiction....If somebody tries marijuana before the age of 18, one in six develops an addiction to the drug. If someone waits until after 18, the number is more like one in nine."
"We have good reason to believe from both animal and human studies that exposure to marijuana during this important time of brain development can permanently change the way the brain develops," he added. "We have good evidence showing that marijuana exposure in adolescents confers up to an eight-point drop in IQ from age 13 to 38. We know that youth who use marijuana are two times more likely to develop psychosis as young adults."
Predictably, the pro-pot people have skewered him. They have questioned his knowledge, his competence and just about everything else. But Thurstone's critics do make some salient points when they refer to studies by the CDC in 2012 and another by economists at the University of Colorado, Denver and Montana State University in 2011 that indicate marijuana use among teens declined in Colorado after the passage of the comprehensive medical marijuana laws.
Thurstone criticized the studies. Still they are strong evidence in opposition to him. The debate will continue to rage on, and Thurstone will continue his campaign. He is, after all, a convert who went from being in favor of legalizing pot to opposing it.
I find this article and Dr. Thurstone's perspective quite interesting for a number of reasons, especially because it highlights how one's distinct type of involvement with marijuana use and abuse can (unduly?) influence one's views on the benefits and costs of legal reform. I do not doubt Dr. Thurstone's representation that he has a lot more teenage clients seeking help for marijuana addiction, but I do wonder if that reality is evidence of greater teen use of marijuana or just greater willingness of teens (and their parents) to seek treatment for marijuana problems now that involvement with marijuana is not longer treated as a serious criminal justice concern by the state.
Relatedly, though I am not surprised to hear a doctor express concern about hearing teens say that marijuana has become a "preferred medicine for relieving stress and anxiety," I still wonder if there is obviously a better "medicine" for this purpose. Most adults use alcohol to relieve stress and anxiety, but I doubt society wants most kids to instead try that form of self-medication. In addition, big Pharma makes big money marketing to doctors and patients a bunch of prescription drugs to deal with stress and anxiety, but I am not aware of any strong evidence that the solutions to stress and anxiety peddled by big Pharma are ideal for teens, either.
I make these points not to assert that Dr. Thurstone is misguided to be concerns about teenage marijuana use, but rather just to encourage broader reflection on whether the problems and concerns he identifies have been made worse by marijuana reform or rather have just become more visible to him.
Thursday, February 13, 2014
Orrin Devinsky and Daniel Friedman, two physicians at the NYU Comprehensive Epilepsy Center, provide an informative and sober discussion of medical marijuana issues and research problems in this New York Times op-ed headlined "We Need Proof on Marijuana." Here are excerpts:
Many people have heard the story of Charlotte Figi, a young girl from Colorado with severe epilepsy. After her parents began giving her a marijuana strain rich in cannabidiol (CBD), the major nonpsychoactive ingredient in marijuana, Charlotte reportedly went from having hundreds of seizures per week to only two or three per month. Previously, her illness, Dravet Syndrome, was a daily torture despite multiple high doses of powerful anti-seizure drugs.
As news of Charlotte’s story moved from the Internet to a CNN story by Dr. Sanjay Gupta to Facebook pages, some families of children with similar disorders moved to Colorado, which recently legalized marijuana, to reap what they believe are the benefits of the drug.
Dozens of other anecdotes of miraculous responses to marijuana treatments in children with severe epilepsy are rife on Facebook and other social media, and these reports have aroused outsize hopes and urgent demands. Based on such reports, patients and parents are finding official and backdoor ways to give marijuana to their children.
But scientific studies have yet to bear out the hopes of these desperate families. The truth is we lack evidence not only for the efficacy of marijuana, but also for its safety. This concern is especially relevant in children, for whom there is good evidence that marijuana use can increase the risk of serious psychiatric disorders and long-term cognitive problems.
The recent wave of state legislatures considering and often approvingmedical marijuana raises significant concerns. By allowing marijuana therapy for patients with diseases such as difficult-to-control epilepsy, are state legislatures endorsing the medical benefits and safety of a broad range of marijuana species and strains before they have been carefully tested and vetted? Marijuana contains around 80 cannabinoids (THC is the major psychoactive cannabinoid, largely responsible for the high) and more than 400 other compounds. The chemical composition of two genetically identical plants can vary based on growing conditions, soil content, parasites and many other factors.
While the language of the legislation may be cautious, there is an implied endorsement of medical benefit for marijuana when a legislature passes a bill and a governor signs it into law, and the tremendous gaps in our knowledge are not effectively conveyed to the public....
Before more children are exposed to potential risks, before more desperate families uproot themselves and spend their life savings on unproven miracle marijuana cures, we need objective data from randomized placebo-controlled trials....
Paradoxically, however, as state governments increasingly make “medical” marijuana available to parents to give to their children, the federal government continues to label the nonpsychoactive CBD — as well as THC — as Schedule 1 drugs. Such drugs are said to have “no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.” This designation hamstrings doctors from performing controlled studies. While it is possible to study Schedule 1 drugs in a controlled laboratory setting, it is extremely difficult to study these substances in patients. For our study, we keep the CBD in a 1,200-pound safe in a locked room, in a building with an alarm system.
To foster research, we need to change compounds derived from marijuana from Schedule 1 to a less restrictive category. It is troubling that while few barriers exist for parents to give their children marijuana in Colorado, there are significant federal roadblocks preventing doctors from studying it in a rigorous scientific manner.
When patients have not been able to get successful medical treatment, and they live in a state where the law allows medical marijuana for children — we are not suggesting they smoke the drug — compassionate use is reasonable. But for the long-term health of Charlotte and other patients like her, we urgently need valid data.
Tuesday, February 11, 2014
I've always thought one of the strangest things about the DEA's insistence that marijuana has no currently accepted medical use is that one of the claimed medical uses is as an appetite stimulant. When I cover CSA scheduling of marijuana in my Controlled Substances class, I sometimes joke about whether we really need scientific studies to know that marijuana can make people hungry.
The DEA's position, of course, is that there isn't enough evidence to say that marijuana can stimulate the appetites of cancer and AIDS patients. (The synthetic-THC drug Marinol, on the other hand, has been officially determined to make people hungry.)
Though I don't think it will be enough to satisfy the DEA, today brings some new scientific evidence of (and explanation for) marijuana's effect as an appetite stimulant. The blog Toke of the Town reports:
In a new study published this week in Nature Neuroscience, European researchers claim to have proven that smoking weed does, in fact, give you the munchies. Beyond that, they appear to have isolated the specific region of the brain that is affected by THC consumption, and identified the process through which that desire to eat an entire box of Lucky Charms at 2am comes from.
Friday, January 31, 2014
The title of this post is the headline of this notable new New York Times editorial. Here are excerpts:
In the lead-up to the Super Bowl, in which it so happens both teams hail from states that recently legalized marijuana for recreational purposes, pressure is mounting on the [NFL] to reconsider its ban. A group called the Marijuana Policy Project has even bought space on five billboards in New Jersey, where the game will take place on Sunday, asking why the league disallows a substance that, the group says, is less harmful than alcohol.
It’s a fair question. Marijuana isn’t a performance-enhancing drug, for starters, and more than 20 states have legalized it for medical purposes. The league would merely be catching up to contemporary practice by creating a medical exception.
At a news conference on Jan. 7, the league commissioner, Roger Goodell, did not rule out a change in policy. “I don’t know what’s going to develop as far as the next opportunity for medicine to evolve and to help either deal with pain or help deal with injuries,” he said, “but we will continue to support the evolution of medicine.” On Jan. 23, he said the league would “follow medicine and if they determine this could be a proper usage in any context, we will consider that.” There is, in fact, a body of evidence indicating a “proper usage”: one of particular relevance to a hard-hitting, injury-riddled sport.
“Cannabinoids,” the Institute of Medicine reported in 1999, “can have a substantial analgesic effect.” N.F.L. medical experts obviously aren’t convinced, but N.F.L. players seem to be. HBO’s “Real Sports With Bryant Gumbel” estimated in January that 50 to 60 percent of players smoked marijuana, many to manage pain.
Players, of course, have access to other painkillers, including prescription drugs. Yet as former Surgeon General Joycelyn Elders has argued, “marijuana is less toxic than many of the drugs that physicians prescribe every day.” As public opinion and state laws move away from strict prohibition, it’s reasonable for the N.F.L. to do the same and let its players deal with their injuries as they — and their private doctors — see fit.
Monday, November 25, 2013
New report (by reform advocacy group) praises state regulation of medical marijuana in wake of DOJ enforcement memo
As reported in this press release,"[m]edical marijuana advocates Americans for Safe Access (ASA) issued a report today that analyzes the Obama Administration's latest enforcement guidelines for federal prosecutors in states that regulate medical marijuana distribution." Here are basics concerning the 88-page report (which is available in full here):
The report, "Third Time the Charm? State Laws on Medical Cannabis Distribution and Department of Justice Guidance on Enforcement," shows that states have already enacted regulations that meet federal concerns, and some would have stronger regulations if it were not for federal threats that disrupted the legislative process. The report concludes with recommendations for how federal and state legislators can protect patients and harmonize state and federal policies.
Medical marijuana patients greeted the Department of Justice (DOJ) memo issued August 31st by U.S. Deputy Attorney General James Cole with cautious optimism. The memo is the third from the Obama Administration that attempts to rein in federal prosecutors in states that allow for regulated distribution of marijuana. The first memo, issued in October 2009 by Cole's predecessor, then-Deputy Attorney General David Ogden, did not stop various federal prosecutors from attempting to thwart the implementation of several state medical marijuana laws. A report issued by ASA earlier this year put the cost of federal interference with state medical marijuana programs at more than $300 million.
“We hope the latest federal policy on marijuana will compel the Obama Administration to make good on its promises to stop wasting taxpayer money on undermining duly enacted state laws,” said ASA Executive Director Steph Sherer. “With almost 40 percent of Americans living in states that permit medical marijuana, it's time for the federal government to resolve the conflict between its outdated policies and the growing number of compassionate state laws.”...
The ASA report recommends that state legislators use the 2013 Cole memo as a guide when developing production and distribution regulations, while avoiding unnecessarily restrictive policies that fail to meet the needs of patients. The report also urges lawmakers to recognize that all three DOJ directives maintain that cultivation by individual patients is not a federal enforcement concern, giving the green light for state legislators to preserve or adopt patient cultivation rules.
The report also recommends that Congress make short and long-term policy changes to ensure respect for state laws and protection for patients and their providers. The report urges federal legislators to restrict how DOJ funds are spent on enforcement in medical marijuana states until the DOJ can determine what "metrics" to use in evaluating compliance with their enforcement priorities. As a long-term solution, the report asks Congress to adopt HR 689, which would reclassify marijuana for medical use.