Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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Friday, February 27, 2015

Learning so much already even in first few hours of first Tribal Marijuana Conference

ImagesI feel extraordinarily fortunate to have been invited to participate the nation’s first ever Tribal Marijuana Conference taking place as I write this post from a huge ballroom at the Tulalip Resort Casino, just North of Seattle.   This post from Canna Law Blog discusses the basics, and this agenda highlights all the informed speakers in the mix who are already making this an amazing event in which I am learning so much.  

For example, right now on the podium now are Thomas Carr, the Boulder City Attorney, and Pete Holmes, Seattle City Attorney, are providing an extraordinary set of insights about local enforcement of local laws in the first two recreational marijuana states. Carr also reported that, because Dunkin' Donuts does not have a store in Boulder, it is easier to get marijuana (and munchies) in Boulder than Dunkin' Donuts (and Munchkins) in some parts of Colorado. Of course, that should not worry public health advocates too much, given that there is good reason to believe Munchkins are perhaps much more addictive and harmful than marijuana.

1403002903506This local article, headlined "Indian tribes looks to marijuana as new moneymaker," highlights some reasons why there are hundreds of persons at this event:

After making hundreds of billions of dollars running casinos, American Indian tribes are getting a good whiff of another potential moneymaker: marijuana.

The first Tribal Marijuana Conference is set for Friday on the Tulalip Indian Reservation in Washington state as Indian Country gets ready to capitalize on the nation’s expanding pot industry. Organizers said representatives from more than 50 tribes in at least 20 states have registered, with total attendance expected to surpass 300....

Robert Odawi Porter, one of the conference organizers and the former president of the Seneca Nation of Indians in New York, said tribes have “a tremendous economic diversification opportunity to consider” with marijuana commerce. He said the event would bring together “trailblazers” in the industry who will help tribal leaders understand the complex issues involved.

While it’s unknown how many tribes ultimately will seek to take advantage of the change, one analyst warned that any tribe expecting to hit the jackpot might be in for a surprise, particularly as the supply of legal pot in the U.S. increases. “People keep forgetting it’s a competitive market,” said Mark Kleiman, a professor of public policy at the University of California, Los Angeles, who served as Washington state’s top pot consultant. “And it’s cheap to grow.”

In Washington state, where retail pot stores opened in July, Kleiman said pot growers who sold their product for $21 a gram only a few months ago are now getting $4 a gram. “The price of marijuana is the price of illegality,” he said.

But the issue is generating plenty of buzz among tribal leaders. On Monday, tribal officials at the National Congress of American Indians winter meeting in Washington, D.C., attended a closed breakout session with two U.S. attorneys to discuss the implications of legalized marijuana....

Even though the talks are in the early stages, many tribal officials are pleased that the Obama administration is giving them the power to proceed. “The position of the administration is a strong indication of their commitment and acknowledgment of tribes’ sovereignty, jurisdiction and governmental authority,” said W. Ron Allen, chairman and CEO of the Jamestown S’Klallam Tribe in Washington state.

Marijuana is a divisive issue among tribes, with many tribal officials worried about high rates of drug addiction among American Indians. Last year, the Yakama Nation decided to ban marijuana from its reservation in south central Washington state. The Tulalip Tribe, located just north of Seattle, voted to work with the Bureau of Indian Affairs and the Department of Justice to try to legalize medical marijuana.

Legalization opponents fear that more tribes will want to begin selling marijuana without understanding the risks. “I worry about this being a big expansion and I worry that the potential consequences – health, safety and legal – have not been properly communicated to them,” said Kevin Sabet, president of Smart Approaches to Marijuana, an anti-legalization group.

Regardless of what tribes decide to do, he warned that the situation could change with the election of a new president in 2016. “I don’t see this ending well for anyone, especially if a new administration decides to enforce federal law,” Sabet said. “The thing people should remember is that marijuana is still illegal – on tribal lands and otherwise – even if the law isn’t being equally enforced.”

Seattle City Attorney Pete Holmes, another of the planned speakers at Friday’s conference, said allowing tribes to legalize marijuana will move pot sales “into the light of day.” And he predicted there would be little change in the amount of pot sold on reservations. “Here’s the worst-case scenario: that a tribe just decides they want to be the epicenter of marijuana production, they want to undercut the state system, they want to be a mecca, if you will,” Holmes said. “I’ve heard no tribe say that. . . . We seem to be able to co-exist quite nicely.”

Kleiman said the tax issue would be one of the toughest to sort out as tribes ponder whether to join the industry. “It’s a big deal for people who are trying to make sense of marijuana policy, because if the tribes are exempt from state law, then the states can’t actually tax and regulate,” Kleiman said. “That would be catastrophic. It’s not a big deal for the tribes because there’s no money in it.”

February 27, 2015 in Federal Marijuana Laws, Policies and Practices, 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, Who decides | Permalink | Comments (0)

Tuesday, February 17, 2015

Remarkable Ohio developments as four groups compete to get reform proposals to the ballot

What do we know about the success and failings of modern medical marijuana reform in the United States?

Thanks in large part to the enactment of full recreation legalization reform in Colorado and Washington in 2012, much of the most intense political and social debate over marijuana reform has focused on recreational reforms.  But, as serious students of modern state reforms know, medical marijuana reform is where the real action is nationwide because there have now been state-level medical marijuana reform in dozens of states over the last decade and Congress recently told the Department of Justice that it could not use fund to interfere with implementation of these state-level medical marijuana reforms.

Problematically, while lots of advocates and research are already investing lots of time looking at the impact and import of full recreation legalization reform in Colorado and elsewhere, a lot less energy has been invested seeking to better understand the impact and import of medical marijuana reform in so many jurisdictions.   Helpfully, the advocacy group Americans for Safe Access has produced a few reports that take stock, at least at the legal level, of all the state-activity in this space.  And ASA's most recently-update report on state laws makes this important point in its preface:  

How many medical cannabis states are there? The answer depends. What medical condition do you have? Can you afford to purchase it? Are you a minor?

The national dialogue on medical cannabis is complicated because the solutions remain controversial. Individual states have adopted differing policies as part of an ongoing experiment that will one day lead federal policy into alignment with the overwhelming public support for legal access. These parallel experiments are a normal part of our federalist system.

Until recently, counting medical cannabis states boiled down to a ”yes or no” analysis – either a state had some kind of medical cannabis law, or it did not.  That simple analysis is no longer enough to understand the evolving landscape for medical cannabis in the United States. The laws are simply too different, and not all function as intended.  At Americans for Safe Access (ASA), the nation’s leading medical cannabis patients’ advocacy organization, we have more than a dozen years of experience in state policy development and implementation. Our experience shows that not all medical cannabis laws are working equally for the patients they were designed to serve. We need a new way to talk about and evaluate state medical cannabis laws.

This ASA report goes on, not surprisingly, to provide a patient-centric analysis of how to "talk about and evaluate state medical cannabis laws." But, of course, that is not the only way policy-makers may want to examine this issue, especially because there is considerable skepticism about whether many persons who seek out medical marijuana are trule "patients."

February 17, 2015 in Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

"The Uneasy Case for Marijuana as Chemical Impairment

 Under a Science-Based Jurisprudence of Dangerousness "[rest of title] 

The relationship between new medical and recreational marijuana laws and "drugged driving" is a hot and vexing one. Doug has previously posted an article discussing this topic;  this article by Andrea L. Roth available via SSRN   examines  and rejects the analogy between drunk driving and drugged driving by looking at the history of drunk driving laws specifically their scientific underpinning. .

Here's the abstract:

   As the marijuana legalization movement lurches forward, states face a jurisprudential dilemma in addressing the burgeoning public health issue of “drugged driving.” Zero-tolerance laws targeting driving with any illegal drug in one’s system, justified under a “jurisprudence of prohibition” based on the blameworthiness of the drug itself, are no longer a good fit. Instead, states have attempted to treat marijuana like alcohol, and have imported drunk driving’s “jurisprudence of dangerousness,” by enacting “per se” driving-under-the-influence-of (DUI)marijuana laws redefining DUI as driving with a certain amount of THC, marijuana’s main psychoactive compound, in one’s blood. These laws are legitimate, we are told, because they are analogous to “per se” .08% blood-alcohol concentration (BAC) impairment laws. What lawmakers have forgotten, and what legal scholars have largely neglected, is the buried and colorful history of drunk driving’s jurisprudence of dangerousness, and the scientific framework established by the country’s first “traffic czar,” William Haddon Jr., for proving the link between specific BACs and crash risk. Under this framework – which focuses first and foremost on fatal single-car crashes and case-control studies with a randomly selected control group – the illegitimacy of the new wave of DUI marijuana laws is painfully obvious. In fact, the few single-car crash and case-control studies that have been conducted have found no relationship between THC blood levels and increased relative risk of crash. Properly understood, the history of drunk driving offers what is still the only valid scientific framework for using the criminal law as an instrument of public safety.

February 17, 2015 in Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Science | Permalink | Comments (0)

Thursday, February 12, 2015

"Former university president turns to selling marijuana"

The title of this post is the headline of this notable new USA Today article.  Here are excerpts:

Former University of Nevada-Reno president Joe Crowley has found a new line of work — selling marijuana. The well-liked former university boss is president of Sierra Wellness Connection, one of two companies that were awarded Reno's first business licenses for cultivating medical marijuana.

The second business is MMG Agriculture, headed by Reno's Job Hall, a former real estate executive. Both companies, which have been through the state's approval process, will be opening cultivation centers on Security Circle in Golden Valley. The Reno City Council voted unanimously to approve privileged business licenses for the two companies, which must obtain final state approval before opening....

Crowley said he became interested in medical marijuana as his older brother was dying of multiple sclerosis. His older sister, who underwent 13 major surgeries, also used medical marijuana as a pain reliever, he said. "To watch what happened to him was agony for me," Crowley said of his older brother. "And my sister, she's one of those people for whom the standard pain reliever does not work."

Crowley said he was recruited into the business by Sierra Wellness Connection's chairman Steven Nightingale, a Reno writer and casino owner. "He asked me if I would be on the board," Crowley said. "I told him I would have to think about it and talk to my family because I knew I would probably take some hits in the public. A lot of folks are just not aware of the history."

Crowley said he and his business partners are not part of the push to legalize marijuana for recreational use.

Reno Police Deputy Chief Tom Robinson said both companies have worked with police, providing tours of their facilities. "Everything is above board," Robinson said, noting that both the city and the state have the ability to pull the business license if any infractions are found.

February 12, 2015 in Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)

Wednesday, February 11, 2015

Notable Colorado figures for marijuana tax revenues for 2014

This new AP article, headlined "Colorado collected about $76 million in recreational and marijuana pot revenue in 2014," reports on the latest official reporting of tax revenues collected on legal marijuana sales in Colorado for last year. Here are some of the details and some context for what they mean:

Marijuana makes money. But legalizing it doesn't eliminate the black market or solve a state's budget problems. Those are the lessons from Colorado's first full year of tax collections on recreational pot. The year-end report, released Tuesday, tallied about $44 million in new sales taxes and excise taxes from recreational pot.

Add fees and pre-existing taxes from medical pot, which has been legal since 2000, and Colorado's total 2014 pot haul was about $76 million....

Colorado started selling recreational weed on Jan. 1, 2014. But its first month of sales resulted in only $1.6 million for the state. By December, that figure was $5.4 million. The reason for the increase? Regulatory delays. Red tape meant stores opened slowly, with many municipalities waiting months before allowing pot shops to open....

But legal weed isn't an overnight flood of tax money. "Everyone who thinks Colorado's rollin' in the dough because of marijuana? That's not true," said state Sen. Pat Steadman, a Denver Democrat and one of the Legislature's main budget-writers....

Colorado's pot regulators have struggled to establish a wholesale pot price to collect excise taxes. "Taxing a percentage of price may simply not work," said Pat Oglesby, a former congressional tax staffer who now studies marijuana's tax potential at the Chapel Hill, N.C., Center for New Revenue. He pointed out that the two latest legal weed states -- Alaska and Oregon, both still working on retail regulations -- will tax marijuana by weight, similar to how tobacco is taxed.

Every state in the union, liberal to conservative, has a market for marijuana. And making pot legal doesn't guarantee those consumers will leave the black market and happily sign up to start paying taxes. In Washington state, medical marijuana isn't taxed. It is in Colorado, but all adults are allowed to grow up to six plants on their own. That means the states' new marijuana markets had legal competition from Day One. And that doesn't account for the black market, which of course is completely free of taxes and regulations.

Lawmakers in both Colorado and Washington are looking for ways to drive pot smokers out of the lower-taxed medical pot market and into the recreational one. But obstacles are stiff. "If there is untaxed medical pot, the taxes are voluntary. When you make it voluntary, people won't necessarily pay," Oglesby said.

The marijuana market is far from settled. Colorado benefited from first-in-the-nation curiosity and marijuana tourism. As more states legalize, Colorado and Washington will face competition. "Colorado is probably kind of a best-case scenario" for pot tax collections, said Jeffrey Miron, a Harvard University economist who studies the drug market. "If a number of other states legalize -- and two of them already have -- then bit by bit, Colorado revenue is likely to decline."

There's an even bigger uncertainty looming for states considering legal weed -- a new president in 2016. "The huge unknown is still federal policy," Miron said. "A new president can radically change state policies toward legalization."

I believe that Colorado's official year-end accounting can be found in this link/document, and I notice that there appears to be no column for state (or federal) income taxes paid by persons now working legally in the state-legalized marijuana market. Though certainly direct taxes on marijuana manufacturing and sales is the most tangible and measurable consequences of marijuana reform, I tend to think the biggest long-term economic impact for a state comes from creating a (huge?) industry with collateral businesses all of which will provide lots of jobs for individuals who will pay (lots of?) income tax on what they make in this new industry.

February 11, 2015 in Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (2)

Tuesday, February 10, 2015

State marijuana reform developments from east to west, from A to V

Saturday, February 7, 2015

"Can your boss stop you from smoking medical marijuana at work?"

The question in the title of this post is the headline of this lengthy informative article from the San Francisco Chronicle.   The piece highlights the intersections between marijuana reform, labor laws and disability laws.  Here are excerpts:

Your employee comes to you and says, “I have a medical marijuana card for anxiety, the deadline on this project is giving me a panic attack. I need to smoke some weed on my break so I can calm down and get my work done.” [What] do you do....?

As more states legalize medicinal marijuana, questions like these are becoming more common. The answer varies by state, and it’s not always clear-cut. In California, employers must accommodate employees with medical conditions or disabilities, but they do not have to let them use weed in the workplace, even if a doctor has recommended it to treat their condition.

“Neither federal nor state law prohibits employers from disciplining or terminating employees for marijuana use, even when the drug is used to treat a disability in accordance with California’s medical marijuana law,” said Jinny Kim, director of the disability rights program with the Legal Aid Society-Employment Law Center.

The state’s Compassionate Use Act ensures that people who use marijuana for medical purposes, upon the recommendation of a doctor, are not subject to criminal sanctions or prosecution. But a 2008 California Supreme Court decision, in Ross vs. RagingWire Telecommunications Inc., made it clear that the Compassionate Use Act does not apply to employment, and that marijuana, even for medical use, remains illegal under federal law. “Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration in making employment decisions,” the court said.

Ross gives great discretion to employers,” said Oakland attorney Robert Raich, a medical marijuana expert. Employers can prohibit employees in California from possessing, using or being under the influence of marijuana at work, just as they can forbid them from being drunk on the job. But they cannot fire or refuse to hire workers because they have a medical condition they are using marijuana to treat, and that’s where things get hazy.

Federal and California laws prohibit nearly all employers from discriminating against workers or applicants because of a mental or physical disability. They must make reasonable accommodations for the disability, unless it would pose an undue hardship, or unless the disability poses a health or safety threat. What qualifies as an undue hardship depends on the size of the employer, the cost of the accommodation and other individual factors.

The federal Americans with Disabilities Act defines disability as “a physical or mental impairment that substantially limits one or more major life activities.” The California Fair Employment and Housing Act defines it more broadly, as an impairment that makes performance of a major life activity “difficult.” Neither act lists conditions that meet the disability test.

With that in mind, what is the best answer to the question posed above? It depends on the employer’s policy, if it has one. An employer could ... let employees who have medical marijuana cards use it at work — but most don’t. Employers “nearly without exception” prohibit marijuana use at work because “it impacts productivity” and could pose a risk to others, says Felicia Reid, an attorney with Hirschfeld Kraemer who represents companies.

It is also “difficult to control. You don’t know from one smoking session to the next what the reaction will be,” said Todd Wulffson, an attorney with Carothers DiSante & Freudenberger who also represents employers.... [But] sending the employee for drug testing is also problematic [because] random testing of unsuspicous employees is allowed in only a few cases....

Wulffson ... advises employers to adopt a policy that says, “We do not tolerate use of any illegal drug during the workday, including medical marijuana. If you have a condition for which you are being treated, you need to talk to HR about any possible accommodations.”

Not directly covered by this article, but integral to thinking long-term about use of medical marijuana in the workplace, is the growing emergence and regulation of a significant marijuana edibles industry. Marijuana edibles necessarily make it easier for workers to use marijuana on the job without bosses or fellow workers even being aware of this use.

February 7, 2015 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)

Friday, January 23, 2015

"Legalized marijuana might be the best thing to ever happen to heroin addicts"

The title of this post is the headline of this notable new piece via Quartz.  Here are excerpts (with links from the original):

By 1970, legislation codified cannabis as one of the nation’s most dangerous drugs: the Controlled Substance Act classified marijuana as a Schedule 1 drug, meaning it possessed high potential for abuse and had no acceptable medical use. Over 40 years later, the classification remains.

But research has shown that marijuana, while still criminalized at the federal level, can be effective as a substitute for treating opioid addictsand preventing overdoses. Massachusetts, which recently legalized medical marijuana — and where heroin overdoses have soared — could be a fertile testing ground for this potentially controversial treatment.
 
Before being criminalized, marijuana was used in the US to cure depression and a variety of other mental health ailments. Many studies have supported the therapeutic benefits of cannabinoids, along with the ability of marijuana’s psychoactive ingredients to treat nausea, help with weight loss, alleviate chronic pain, and mitigate symptoms of neurological diseases.
 
Other research, however, contradicts claims regarding the benefits of cannabidiol treatment. Some say marijuana actually poses a risk for psychosis and schizophrenia. Although the FDA has approved some synthetic cannabinoids for medical treatment, federal agencies do not support marijuana as a legitimate medicine until more clinical studies have been conducted....
 
Among drug treatment specialists, marijuana remains controversial. Although some research has shown marijuana to be an alternative treatment for more serious drug addiction, addiction treatment specialists still view marijuana as highly addictive and dangerous. These views handicap policy reform, but despite its status as a Schedule 1 drug, recent research shows marijuana could be part of the solution to the most deadly drug epidemic our country has seen in decades.
 
In 2012 Massachusetts became the 18th state to legalize medical marijuana, though the first 11 dispensaries are not scheduled to open until sometime in the coming year. This situation presents an opportunity to implement sensible, research-based policy.
 
Massachusetts, like many states across the US, has seen a dramatic rise in opioid addition fueled by the increase in opiate prescription pills.  In Boston, heroin overdoses increased by 80% between 2010 and 2012, and four out of five users were addicted to pain pills before turning to heroin.
 
Meanwhile, the leading cause of death among the Boston’s homeless population has shifted from AIDS complications to drug overdoses, with opiates involved in 81% of overdose deaths. This is an alarming finding given recent expansion in clinical services for the city’s homeless.
 
Addiction specialists and health care professionals in Boston have been at the forefront of integrating behavioral and medical care.  Naloxone and methadone are currently the main solutions to address the growing opiate addiction and overdose problem. But Naloxone is an overdose antidote, not a cure or a form of preventative therapy.
 
Methadone, like heroin and other opioids, has a very narrow therapeutic index (the ratio between the toxic dose and the therapeutic dose of a drug).  This means that a small change in dosage can be lethal to the user. Marijuana, however, has one of the safest (widest) therapeutic ratios of all drugs.
 
Research shows that marijuana has been used as a form of self-treatment, where users take cannabis in lieu of alcohol, prescription opiates, and illegal drugs.  That’s one reason why researchers are calling for marijuana to be tested as a substitute for other drugs.  In this capacity, marijuana can be thought of as a form of harm reduction. While researchers don’t seek to discount some of the drug’s potential negative effects, they view it as a less damaging alternative to other, harder drugs. Despite these findings, marijuana is rarely incorporated in formal drug treatment plans.
 
A recent study might change this policy. Comparing states with and without legalized medical marijuana, it found a substantial decrease in opioid (heroin and prescription pill) overdose death rates in states that had enacted medical marijuana laws. In their conclusions, the researchers suggested that medical marijuana should be part of policy aimed to prevent opioid overdose....
 
Since Massachusetts has not yet opened its medical marijuana dispensaries, it is too early to see if medical marijuana legislation will help reduce opiate addiction in the Commonwealth. Using recent research findings, Massachusetts policymakers have a unique opportunity to implement medical marijuana policies that address its contemporary opiate overdose.  Medical marijuana could be part of drug treatment for heroin and opiates.
 
For homeless people, however, getting a marijuana card is expensive and buying medical marijuana from a dispensary is beyond their economic means. Street drugs are more prevalent in their social setting, easier to obtain, and can be much cheaper.  From a policy perspective, addressing the alarming rates of overdose deaths among the homeless in Boston could mean distributing medical marijuana cards to homeless addicts for free and providing reduced cost medical marijuana.
 
Formerly demonized and later legislated as a Schedule 1 substance, marijuana could diminish the damage wrought by harder drugs, like heroin.  While opioid use is a nationwide epidemic, Massachusetts — long at the forefront of developing scientifically based public policy — has the opportunity to be at the forefront of cutting-edge, socially-informed drug policy.

January 23, 2015 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (1)

Monday, January 19, 2015

Conservative state senator preaching for medical marijuana reform in Pennsylvania

PennsylvaniaMedicalMarijuanaThis lengthy local article, headlined "Social-conservative lawmaker fights for legalizing medical marijuana," notes that a notable Republican Senator in the Keystone state has become noted for his "pot proselytizing." Here are excerpts from the piece:

Standing amid the lunchtime crush at the Pennsylvania Farm Show last week was a gray-haired man in deck shoes and a fleece vest, animatedly pitching an unusual - and illegal - product. Like a street-corner preacher, Sen. Mike Folmer (R., Lebanon) was bringing his message to the people - in his case thousands of voters he hopes will pressure their representatives to support his bill to legalize medical marijuana.

Folmer stops anyone who will listen, alternately delivering a rant against Big Pharma - which he blames for holding up federal approval of medical cannabis - and smiling at wise-cracking visitors who ask, "Any free samples?"

"I feel like a missionary," he said Friday, pausing to pop in a throat lozenge before beginning his pot proselytizing again. "I'm a Bible-believing Presbyterian. I don't even drink."

But Folmer, a 59-year-old grandfather of seven and a social conservative from a largely rural district northeast of Harrisburg, was moved by two mothers who stopped in his office 18 months ago. They told him they believed medical marijuana could ease their children's epileptic seizures without the damaging side effects of the narcotics that doctors had been prescribing. Skeptical, he hit his computer to find out and soon became a convert to the cannabis cause.

"It was very compelling," he said. "I learned that it is nontoxic, no one's going to die. So I figured, no harm, no foul. There are too many sick people." He teamed up with one of the state's most liberal lawmakers, Sen. Daylin Leach (D., Montgomery). Their original bill cleared the Senate by a wide margin (43-7) before dying in the House last fall.

When the new legislative session opened in December, Folmer immediately reintroduced the bill. It calls for letting patients purchase medical cannabis with a doctor's recommendation from centers licensed by a newly created board. Medical cannabis growers, processors, and dispensers would be licensed and regulated. Users would pay an access fee and would be barred from operating vehicles while taking the medication....

Folmer said neither parents of sick children nor adults with chronic conditions want to wait - or should wait - any longer. In his view, patients suffering from a range of illnesses are being prescribed narcotic cocktails of highly addictive and dangerous drugs that have little effect on these disorders.

On Friday, when a brisk but sunny afternoon drew a steady crowd to the show, Patti Bach breezed past Folmer's booth. She didn't need information. She already knew about the bill and voted against lawmakers who did not support it. "I eat Vicodin like candy," said Bach, 56, of Carlisle, who said she suffers from debilitating chronic pain. "Cannabis could reduce the pain and allow me to function."

Bach, who said her 30-year-old daughter has severe epilepsy, said she had researched the issue extensively and discussed it with her doctor. "He said as soon as it's legal he would prescribe it for me," she said.

Monica Kline, a Harrisburg lobbyist who raises alpacas in Folmer's district with her husband, a former Army pilot, donated the booth space at the farm show. Kline said her husband, a Vietnam veteran, hated to see returning veterans with post-traumatic stress disorder unable to find relief. Nor could she, who helps a mothers' advocacy group, bear to see another child suffer needlessly. "We knew we had to change our booth," said Kline, daughter of former Lt. Gov. Ernest Kline. "Parents were losing children."...

The bill stands a solid chance of becoming law if it reaches the desk of the incoming governor. "Gov.-elect Wolf supports the legalization of medical marijuana because he believes we should not deny doctor-recommended treatment that could help people suffering from seizures or cancer patients affected by chemotherapy," said his spokesman, Jeff Sheridan. House Speaker Mike Turzai (R., Allegheny) opposed the measure as GOP leader last year, but new House Majority Leader David Reed (R., Indiana) was a cosponsor of a House version of the bill....

Folmer says he thinks he can win passage of his bill in the Senate by spring. Still, he said he feels every day he's in a race against the clock. "My greatest fear is that I am going to get a call from one of the moms that one of the children has died," he said. "I'm not saying marijuana is a cure, but people ought to have the opportunity for help."

It bears noting in the context of this story that Pennsylvania's state motto is "Virtue, liberty, and independence." Kudos to this social-conservative lawmaker for showing such a commitment to these values in his work on this front.

January 19, 2015 in Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Political perspective on reforms, Who decides | Permalink | Comments (0)

Saturday, January 17, 2015

Should significant use of marijuana in the home make a parent guilty of child abuse?

Download (4)The question in the title of this post is prompted by this notable new ABC News- 20/20 piece headlined "Washington Parents Using Marijuana Accused of Child Abuse." Here are the basics:

While most parents probably want to keep their kids away from marijuana, one mom and dad were accused of child abuse for their avid use of the drug. “[I use it] pretty much every day,” Jesse Thompson, 30, told ABC News’ “20/20.”

Jesse and his wife Vicca Thompson, are from Sedro-Wolley, Washington, where marijuana use, including recreational, is now legal. The Thompsons are both medical marijuana users with doctor’s prescriptions. Jesse Thompson, a cancer survivor, takes it for pain, while Vicca Thompson, 43, uses it for arthritis and a nervous condition. They run their business, a medical marijuana dispensary and garden store called the Grow Shop, where they sell home-grown strains of marijuana as well as marijuana edibles, and are strong advocates of medical marijuana.

The two are also parents to 5-year-old Jerry and 13-year-old Sohani, Vicca Thompson’s son from a previous marriage. But they insist they are still capable of being responsible parents even when they’re high. “It just means I have an elevated mood. It doesn’t mean I’m incapacitated or that I can’t think straight,” Vicca Thompson told “20/20.” “I’m on pot right now, and I’m able to parent.”

But there is an apparent gap between the enforcement of child protection laws and marijuana statutes. In many cases, child protection services are taking children away from legal, legitimate users of medical marijuana. Not all types of medical marijuana gets you high, but a lot of it is psycho-active, which can get you high.

“We have irrefutable evidence that it’s damaging for kids,” Dr. Leslie Walker told “20/20.” “Kids who think their parents approve of it are six times more likely to begin using marijuana and begin using much earlier than the average high school age.”

In November 2014, authorities came for the Thompsons’ son Jerry. The Thompsons said they had an employee that they let go. "About a month later, she … called CPS,” Jesse Thompson said, referring Child Protective Services. “She told them that we not only are feeding our children marijuana all the time, but that they have access to it in our home and in our business.”

Within days of that call, CPS questioned Jerry’s half-brother Sohani, who told authorities that his mom fed him a goo ball. A goo ball, Vicca Thompson explained, is a “peanut butter raisin ball,” medicated with psycho-active marijuana. “He gets aggressive and is too mean, sometimes ... and just needs to ... look inside and relax,” Vicca Thompson said.

After that, the city quickly shut down the Grow Shop. When CPS requested a meeting with the Thompsons, Jesse asked to wait until their attorney was able to attend. CPS didn’t reschedule the meeting, Jesse Thompson said, and instead, decided to take Jerry away and made him live with an aunt. The Thompsons could only see their son by visiting him at the local CPS office. “It’s destroying me. I can’t not be with my son. He is all that matters,” Jesse Thompson said of having Jerry taken away.

Vicca Thompson’s son Sohani went to live with his father full-time. “I felt like my heart might stop,” said Vicca Thompson.

The Thompsons went to court to fight to get Jerry back home. CPS had Jerry take a hair follicle drug test. When the results came back, Jerry tested positive for THC, the psycho-active ingredient in marijuana.

Vicca and Jesse Thompson were accused of posing a risk to Jerry's well-being by feeding marijuana to him. They denied doing so, but Vicca Thompson said she did rub a marijuana salve on his skin to treat a rash, which would not put him at risk of getting high. After weeks of stilted, supervised meetings with Jerry and numerous hearings, the court commissioner allowed Jerry to come home with the Thompsons on Jan. 7. He stated he saw no other evidence of harm even though there was evidence of THC in Jerry's body.

“The law says there has to be serious physical harm. A child who ingests an edible is not going to suffer serious physical harm,” attorney Jennifer Ani, who has represented a mother who had her child taken away for her legal marijuana use, told “20/20.” “They may go to sleep. They may be out of it. Children can't be removed because of bad judgment. If they could, lots of people wouldn't have kids because we all make mistakes.”

The court commissioner set strict conditions for Jerry’s return home that included making sure he was not exposed to marijuana smoke or edibles in any form. If Jerry were to test positive, the court commissioner said he would not be allowed to live with the Thompsons. “We’re going to hide the marijuana,” Vicca Thompson said after Jerry returned home. “I definitely feel like I shouldn’t give it to children.”

But Vicca Thompson said if it was legal to give marijuana to children, she would do so. “If I lived somewhere else and a doctor was looking over me, telling me that it was okay, then I would think, ‘Yeah, it's totally safe,’ especially to put salve on a cut or a rash,” said Vicca Thompson.

January 17, 2015 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, January 15, 2015

New research suggests medical marijuana reforms may reduce suicide rate

LogoThe Cato Institute has posted this short research brief in which a group of social scientists summarize this study recently published in the American Journal of Public Health titled "Medical Marijuana Laws and Suicides by Gender and Age." Here are excerpts from the research brief (with references removed and my emphasis added):

Our research examines the relationship between medical marijuana laws (hereafter MMLs) and suicides. While the majority of people who suffer from mental illness do not commit suicide, over 90 percent of those who do commit suicide have a diagnosable mental or substanceuse disorder. The relationship between marijuana use and suicide-related outcomes (e.g., depression, suicidal ideation, and suicide attempts) has been studied extensively, but there have been no previous attempts to estimate the relationship between medical marijuana laws and completed suicides, the tenth leading cause of death in the United States....

Our empirical analysis draws on data from the Centers for Disease Control from 1990 through 2007 to examine the relationship between legalizing medical marijuana and suicide rates. This empirical approach can be thought of as exploiting a “natural experiment” unrelated to comorbidities or personality. Our results suggest that the passage of a MML is associated with an almost 5 percent reduction in the total suicide rate.

When we examine the relationship between legalization and suicides by gender and age, we find evidence that MMLs are associated with decreased suicides among 20- through 29-year-old males and among 30- through 39-year-old males. This result is consistent with registry data from Arizona, Colorado, and Montana showing that most medical marijuana patients are male, and that roughly half are under the age of 40....

We conclude that the legalization of medical marijuana leads to fewer suicides among young adult males.  This result is consistent with the oft-voiced, but controversial, claim that marijuana can be used to cope with depression and anxiety caused by stressful life events.  However, the result may, at least in part, be attributable to the reduction in alcohol consumption among young adults that appears to accompany the legalization of medical marijuana.

Our study is relevant to the ongoing debate surrounding marijuana legalization for medical or recreational purposes.  Opponents of these policy changes contend that any increase in marijuana use is undesirable.  Yet our research suggests the public-health benefits of legalization may outweigh the costs.

January 15, 2015 in Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, December 24, 2014

Massachusetts already seeing job impacts from its nascent medical marijuana industry

This Boston Globe article, headlined "Schools offering courses on sale of marijuana: New Mass. schools are offering programs on what is likely to be a fast-growing business," highlights some notable economic echoes of medical marijuana legalization in Massachusetts.  Here are some details:

The new Northeastern Institute of Cannabis, or NIC [is] a two-classroom school in an office park that prepares people for positions ranging from dispensary workers to medical marijuana educators.   In advance of the expected opening of the first Massachusetts dispensaries next year, the for-profit NIC has graduated about 12 students and has 64 more enrolled.

Keith Saunders, a sociology professor who oversees the curriculum at NIC, said help-wanted ads for medical marijuana workers already are appearing on the jobs website Monster.com. He figures each of the state’s 15 provisionally approved dispensaries will immediately need 35 to 40 workers, and then continue to hire.  “When [dispensaries] roll out, it will happen quickly,” he said.

The institute is not the only school of its kind in Massachusetts.  The New England Grass Roots Institute in Quincy caters to medical marijuana patients, and the Cannabis Career Institute, a national company, periodically offers marijuana business training sessions in Boston.

Although it is difficult to project how many jobs medical marijuana might create statewide, it could be significant, said Amanda Reiman, manager of marijuana law and policy at the Drug Policy Alliance, a drug law reform group with headquarters in New York City.

The jobs do not just entail growing and selling marijuana, she said. Think commercial kitchens cooking marijuana-laced foods, manufacturers providing packaging, and marketing firms promoting brands.  “There’s all of these ancillary businesses that are involved in the industry,” Reiman said.

The curriculum at Northeastern Institute of Cannabis is based on discussions with dispensary operators in other states — including California, Colorado, Maine, and Rhode Island — producers of cannabis medicine, state legislators, and industry specialists, according to school officials.  They have applied for state certification as an occupational trade school.

To receive a certificate, students must complete 12 four-hour courses, including medical marijuana 101, which covers the basics of marijuana as a medicine, cannabis law New England, an overview of state marijuana laws, and cannabis cultivation, about the art and science of growing marijuana.  (It’s all strictly academic: The school cannot have marijuana on site). Students also must pass a two-hour exam by scoring at least 70 percent on each of 12 sections and 75 percent overall.

The cost of the program, which typically takes four to six weeks to complete, will increase to $2,000 from $1,500 on Jan. 1. Students range in age from their 20s to 60s and come from a variety of backgrounds. They include chefs, mechanics, and business owners....

[Jeanne] Ficcardi-Sauro, a 56-year-old mother of two grown children, said she has had difficulty finding full-time employment, so she is giving the medical marijuana industry a try. She also is a cancer patient and smokes marijuana to manage pain and fall asleep. Her goal: to educate and counsel other patients. “It can just help so many people in so many ways,” she said....

The school has amenities found at other trade schools and community colleges, including a student lounge, movie nights, and a store that sells T-shirts and sweatshirts emblazoned with the NIC logo. Along with textbooks, students can buy medical marijuana cookbooks, vaporizers, and glass pipes.

Mickey Martin, a longtime advocate for reform of marijuana laws, founded the school earlier this year. He said the school plans to host its first job fair in March. Launching the school posed several challenges, said Martin, who is from Oakland, Calif. It took months to find a location because landlords were reluctant to rent to a school specializing in marijuana, which is still illegal under federal law. The school’s insurance rates are double that of an average trade school, and the school’s bank account was canceled.

“There’s nothing illegal about what we’re doing,” Martin said. “But because we have cannabis in our name I’m forced to jump through the same hurdles as dispensary groups. It’s kind of insanity.” Still, Martin said, he has recruited high-quality faculty and administrators. Saunders, who developed the school’s curriculum, has taught drug policy courses at Northeastern University and the University of Massachusetts Lowell.

Bill Downing, a longtime business owner and activist for marijuana law reform, teaches classes in business management and the history of marijuana. Uma Dhanabalan, who teaches the medical marijuana 101 course, has a medical degree, is a fellow of the American Academy of Family Physicians, and holds a master’s in public health from Harvard University.

Dhanabalan said it was not until later in her career that she learned marijuana could help relieve chronic pain, nausea, and migraines, as well as treat diseases such as glaucoma. When she was asked to teach at the school, she said, it was easy to say yes. “This is history in the making,” she said.

December 24, 2014 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Friday, November 21, 2014

Does new bill to make it easier for veterans to get medical marijuana stand any chance in Congress?

The question in the title of this post is prompted by this new Huffington Post article headlined "Veterans May Gain Easier Access To Medical Marijuana."  Here are excerpts:

A bill introduced in Congress would allow Department of Veterans Affairs doctors to recommend medical marijuana for their patients.  The Veterans Equal Access Act, introduced Thursday by Reps. Earl Blumenauer (D-Ore.) and Dana Rohrabacher (R-Calif.) with 10 bipartisan cosponsors, would lift a ban on VA doctors giving opinions or recommendations about medical marijuana to veterans who live in states where medical marijuana is permitted.

“Post traumatic stress and traumatic brain injury are just as damaging and harmful as any injuries that are visible from the outside,” Blumenauer said.  “Sometimes even more so because of the devastating effect they can have on a veteran’s family.  We should be allowing these wounded warriors access to the medicine that will help them survive and thrive, including medical marijuana, not treating them like criminals and forcing them into the shadows. It’s shameful.”

Nearly 30 percent of veterans who served in the Iraq and Afghanistan wars suffer from PTSD and depression, according to a 2012 report from the Department of Veterans Affairs.  Some scientists have suggested that marijuana may help PTSD symptoms, which can include anxiety, flashbacks and depression.  In a recent study, patients who smoked cannabis saw an average 75 percent reduction in PTSD symptoms.  "A clinical trial needs to be done to see what proportion and what kind of PTSD patients benefit, with either cannabis or the main active ingredients of cannabis," said Dr. George Greer, who was involved in the study.

This year, federal health officials signed off on a study that would have examined the effects of five potencies of smoked or vaporized cannabis on 50 veterans suffering from PTSD. The study's future still remains unclear because the federal government's sole provider of medical-grade cannabis didn't have the proper strains for the research to begin. Then the study's lead scientist was fired from the University of Arizona, where the research would have taken place.

I have long thought that anyone who claims to support our troops and veterans ought to be active and vocally supporting more serious exploration of the potential benefits of allowing veterans to use marijuana as one way to deal with the difficult problems of PTSD and brain injuries. And because everyone in Congress claims to be a supporter of our troops and veterans, one might believe that the Veterans Equal Access Act should be the rare proposal that garners bipartisan support in Congress. But because the politics of drug policy rarely is free of divisiveness, I fear passage of this bill in either the current or new Congress may be an uphill battle given that the House of Representatives earlier this year rejected a similar measure.

A few prior related posts:

November 21, 2014 in Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, November 5, 2014

Lawyers already gearing up for more marijuana reform and regulation work

As reported in this new Legal Times piece, headlined "After Referendums, Where There's Smoke There's Business," lawyers are continue to see the professional potential presented by the parting of pot prohibition in a few more jurisdictions:

After residents of two Western states and the District of Columbia voted Tuesday to allow wider legal use of marijuana, law firms are again sizing up potential business related to the drug.

Wiley Rein lawyers hedged on Wednesday that—at least in the District of Columbia—cannabis providers and other companies in the industry could soon seek the services of regulatory attorneys. "It’s something we’re keeping a close eye on," Jim Czaban, head of the firm's food and drug law practice, said....

"There’s a clear trend on a big level where this is going," Claire Frezza, a former pharmacist and Wiley associate working with Czaban, said Wednesday. "What’s unclear is how the federal government can respond."

Lawyers now may advise cannabis-related companies on how to keep labeling, product potency and forms of the drug in line with new state rules. At the same time, federal regulatory lawyers could advise companies in the states on how to still comply with the strict U.S. law that prohibits the drug, according to Czaban and Frezza.

Wiley Rein hasn't yet gone as far as other firms in the marijuana arena. This year, a handful of corporate firms with Florida or California presences announced medical marijuana practice groups or attempted to build ties with potential clients in the industry. The Florida firms anticipated a billion-dollar industry that state law would allow to bloom in their state.

Attorneys at Akerman, Berger Singerman and GrayRobinson zeroed in on Florida prior to the election and specialized in the cannabis industry. Berger Singerman associate David Black said Wednesday that cannabis-related businesses are still engaging his firm on other more-restricted legal opportunities in Florida. In the medical marijuana practice area, Black's expectations are still high. "In light of the strong support shown in yesterday’s vote, many believe that its passage has been merely delayed," he added in an email.

Business opportunities for corporate law also could grow with Oregon and Alaska's approvals of recreational sales. But the cannabis industry remains in economic infancy, with medical marijuana allowed in about half of U.S. states. "There’s a lot of interest out there, but on a business and monetary basis, it’s still fairly small," Czaban said. "We’d be wiling to take on clients in that space, but it depends on what the actual project involves."

November 5, 2014 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Some first thougts on the 2014 election results

Alaska, Oregon, and the District of Columbia just voted to legalize recreational marijuana. In a sense, they broke no new ground -- Colorado and Washington already legalized recreational marijuana two years ago. But the passage of these measures is extraordinary in another sense: marijuana legalization no longer surprises anyone. Even the federal government, which continues to ban marijuana, seems unlikely to raise a fuss. Indeed, following similar votes in Colorado and Washington in 2012, the Department of Justice announced that it would refrain from prosecuting marijuana users and dealers who comply with state law, so long as they do not implicate a distinct federal interest (like stopping inter-state shipments of the drug).  As control of the Congress shifts to the Republican Party, it seems unlikely that the federal government will do anything but continue to sit on the sidelines for the next two years.

The votes on Tuesday are interesting for two other reasons as well. First, these votes arguably foretell how marijuana laws will evolve in the states over time. The four states and DC that were the first to legalize recreational marijuana were also among the first to legalize medical marijuana: Alaska, Oregon, and Washington legalized medical marijuana in 1998, Colorado did so in 2000, and DC first tried in 1999. This suggests that voters might be more comfortable taking the plunge (i.e., legalizing recreational marijuana) after dipping their toes in the pool first (i.e., legalizing medical marijuana). It also suggests that the next states to legalize recreational marijuana are likely to be ones with more mature medical marijuana programs, such as California (1996) and Maine (1999).

Second, the defeat of a medical marijuana initiative in Florida is as unsurprising as the passage of legalization elsewhere. The south has been resistant to marijuana reforms; it remains the only region of the country without a legalization state. To some extent, southern resistance might be due to public attitudes toward marijuana; but it also might stem from lawmaking procedures used in many southern (and some other states) that impede the adoption even of popular reforms. After all, over half (58%) of Florida voters actually supported legalization of medical marijuana; but that figure just was not enough to change state law – the constitutional initiative process requires 60% support, higher than the simple majority needed in many other states, like California. A vote to legalize marijuana elsewhere in the country might not be surprising anymore, but when it happens in the south it will be noteworthy.

November 5, 2014 in Criminal justice developments and reforms, Current Affairs, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Political perspective on reforms, Polling data and results, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, November 4, 2014

Early marijuana initiative votes have DC favoring legalization and Florida supporting but not passing medical marijuana

Alex does a wonderful job in this post linking to websites for marijuana initiative voting outcomes, and the early results from DC and Florida have already set up an interesting set of political and legal stories to follow in the months and years ahead.  

In DC, it appears that Initiative 71 legalizing marijuana has garnered nearly 70% of votes, and in Florida it appears that Amendment 2 legalizing medical marijuana has garnered 58% of votes.   But, under Florida's laws, an initiative needs 60% support for passage, so medical marijuana will not be happening in the Sunshine State yet.  And, in the weird federal enclave that is Washington DC, it is quite unclear whether and how the federal government can or will allow the local DC vote to change drug war policies or practices.  

Just some more on-going, ever-evolving marijuana reform stories for this blog to follow.

November 4, 2014 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)

Where to follow marijuana ballot measure results?

Election night is upon us.  I'm a little late in getting this posted as east coast results are already steadily coming in, but better late than never.  

Here are some resources for following the returns for marijuana related ballot measures.  This is not an exhaustive list and there may be better sources than the ones I've found.  This is just one quick attempt at a list of where to track relevant results.

Alaska -- Ballot Measure 2: Marijuana Legalization -- Alaska Division of Elections (scroll to measure 2)

DC -- Amendment 71: Marijuana Legalization -- DC Board of Elections page

Florida -- Amendment 2: Medical Marijuana -- Miami Herald's statewide returns page  

Oregon -- Measure 91: Marijuana Legalization -- Oregon Live

Other resources: 

Americans for Safe Access's twitter feed

Marijuana Majority's twitter feed

Kevin Sabet's twitter feed 

Smart Approaches to Marijuana's live blog

Some (not all) of the local ballot measures:

California: (h/t to ASA's Don Duncan) Medical marijuana related measures in Butte County, Encinitas, La Mesa, Santa Ana, Santa Cruz, and Shasta County (there are a couple of others I do not have links for) 

Colorado:  Local measures on whether to ban or allow marijuana stores in Lakewood (Adams County) and a number of towns in El Paso County (search for marijuana to see the relevant measures), as well as others I do not have links for.

Maine: Lewiston and Portland decriminalization of possession (search on the page for marijuana)

Michigan:  No links for results pages, but here is a list of the measures  

November 4, 2014 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, November 3, 2014

Election 2014 Buzz: could older voters in Florida get medical marijuana initiative to 60%?

While advocates for legalizing and regulating marijuana like alcohol may be most focused on initiative votes in Alaska, DC and Oregon, the medical marijuana initiative vote taking place in Florida is distinctly interesting for lots of distinct reasons.   This new CBS News piece, headlined "Seniors sway medical marijuana debate in Florida," highlights some of the unique Sunshine State dynamics:

The debate over legalizing medical marijuana in Florida constantly generates talk of young people potentially flooding the polls. But seniors are the most reliable voters and could be key to the outcome of the measure.

Though polling on Amendment 2 has been erratic, seniors have been showing a level of interest in the initiative that underscores the fact they may benefit most from its passage. "You get older, you get sick, you start getting diseases, your bones stop working as well as they used to and you're presented with this pharmacopoeia of different drugs that you have to take just to get through the day," said Ben Pollara, who leads United for Care, the pro-Amendment 2 campaign. "To the extent that seniors can use marijuana to supplement or replace any of those drugs I think is a good thing."

Similar arguments have been made by older people themselves, who have turned up at events across the state, even when they've been intended for more youthful crowds. Such was the case at a recent forum at Broward College: It was held at an on-campus theater, with a promise of pizza for the droves of young people who passed by. But inside, the audience was full of faces far older than expected....

In Florida and across the U.S., a greater percentage of seniors vote than any other age group, and their share of the total electorate is even more pronounced in years without a presidential contest. In the last midterm election in 2010, about 56 percent of Floridians 65 and older voted, far higher than any other age group. They represented nearly one-third of the total ballots cast....

A July survey by Quinnipiac University found 83 percent of Florida voters aged 65 and older supported medicinal marijuana. An October poll by the University of Florida found about 37 percent of voters 60 and older support Amendment 2. Experts agree seniors show less support than younger voters, and most observers believe senior support is somewhere in the middle of those two surveys.

"The seniors, to a degree, are being targeted in that this is a wonderful thing for them because they don't have to use opiates, etcetera, etcetera," said Jessica Spencer, who is leading the Vote No on 2 group, and who says seniors who read the amendment are becoming aware it is riddled with holes. "Seniors are, of course, interested in protecting our younger generations." Supporters of Amendment 2 have far outnumbered opponents at forums. But Spencer says she has found a sympathetic ear in seniors around the state who worry what its passage could mean.

Sandi Trusso, 73, of Ocala, has been opposed to marijuana for decades, since her 28-year-old brother was killed by a driver who was drunk and high. She believes many of Amendment 2's younger supporters see it as a gateway to legalized recreational marijuana, or that medical permits will be so easy to obtain anyone can get them. "If someone's severely ill and they could control that, to limit it to that, and we knew that they could control that, who would have a problem with that?" she asked.

As the title of this post highlights, another unique aspect of Florida's marijuana vote is the fact that initiatives in the state require 60% approval to become law. Given that reality, it seems unlikely that the Florida medical marijuana initiative will get the number of votes needed for passage absent receiving considerable support from older voters.

November 3, 2014 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Polling data and results, Who decides | Permalink | Comments (0)

Sunday, November 2, 2014

Election 2014 Buzz: looking forward to close votes in Alaska, Florida and Oregon (and DC?)

Th (1)Regular readers know that this election cycle has a number of significant marijuana reform initiatives on the ballot.  Helpfully, Jacob Sollum put together here at Reason.com's blog this helpful preview guide to all the action (with lots of links):

A week before Election Day, it looks like at least one of the four major marijuana initiatives will pass, while the other three races are too close to call. Here is a rundown of the latest polling, arranged by likelihood of passage:

 

Washington, D.C. Initiative 71, which would make it legal for adults 21 or older to possess up to two ounces of marijuana and grow up to six plants at home, enjoyed a 2-to-1 advantage in a Washington Post poll conducted last month, with only 2 percent undecided.  As I noted at the time, the initiative's prospects were boosted by a dramatic reversal of opinion among black voters in recent years, presumably driven by concerns about the racially disproportionate impact of marijuana prohibition.  Despite this groundswell of support, the fate of marijuana legalization in the nation's capital ultimately will be up to Congress, which can always override anything that D.C. voters approve.

 

Oregon. A new Oregonian poll puts support for Measure 91, which would legalize commercial production and distribution as well as possession and use, at 44 percent, with 46 percent opposed, 7 percent undecided, and 2 percent declining to say.  That two-point difference is within the poll's margin of error, so the results suggest a dead heat.  By comparison, a poll conducted earlier in October, commissioned by Oregon Public Broadcasting and the Fox station in Portland, put support at 52 percent, with 41 percent opposed and 7 percent undecided.  The sample in the latter poll was somewhat younger, based on different projections of who will vote.  Turnout by younger voters, who are consistently more likely to support legalization, could be crucial to the outcome.

 

Alaska. Surveys by Public Policy Polling put support for Measure 2, which like Oregon's initiative would create a legal marijuana industry, at 48 percent in May and 44 percent inAugust. A few weeks ago supporters and opponents of Measure 2 released dueling poll results showing the initiative winning by eight points and losing by 10 points, respectively. In a survey by pollster Ivan Moore, 57 percent of voters favored legalization, while 39 percent opposed it. A Dittman Research poll put support at 43 percent and opposition at 53 percent. Both showed 4 percent of voters undecided. The wording of the poll questions was somewhat different. The Ivan Moore survey mentioned the elimination of criminal penalties for possession of up to an ounce and noted that "constitutional protections allowing home cultivation would be preserved," a reference to the 1975 Alaska Supreme Court ruling that said the state constitution allows people to possess marijuana for personal use in the privacy of their homes.

 

Florida. Support for Amendment 2, which would make Florida the first Southern state to approve medical use of marijuana, seems to have plummeted since July, when a Quinnipiac University poll found that 88 percent of voters favored the measure. A Gravis Marketing poll conducted last week puts support at 50 percent. As a constitutional amendment, the initiative needs 60 percent to pass. "Medical marijuana is done," Gravis Marketing's managing partner told the Orlando Sentinel on Monday. "It will not pass." For those clinging to hope, United We Care, the Amendment 2 campaign, cites an Anzalone Liszt Grove poll it commissioned that puts support at 62 percent. The latter poll used the actual ballot language, while the Gravis Marketing poll used a summary.

November 2, 2014 in Initiative reforms in states, Medical Marijuana State Laws and Reforms, Polling data and results, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)