Thursday, November 7, 2013
The title of this post is the headline of this notable new report from the McClatchy Washington Bureau. Here are excerpts:
Buoyed by their success at the polls Tuesday, marijuana backers say they’ll now try to get the drug fully legalized in 13 more states by 2017. They’d join Colorado and Washington state, which voted last year to allow pot sales for recreational use.
The drive to legalize won considerable new momentum across the country on Election Day as voters in three states approved pro-pot measures. Portland, Maine, became the first East Coast City to legalize marijuana. Colorado approved a 25 percent tax on pot. Voters in the Michigan cities of Lansing, Jackson and Ferndale decided to remove all penalties for possession....
“Most Portlanders, like most Americans, are fed up with our nation’s failed marijuana laws,” said David Boyer, the Maine political director of the Marijuana Policy Project, a pro-legalization group.
While the measure won easily in Maine’s largest city, it may be more difficult for pro-pot forces to win across the state. Legalization backers hope to get the issue on the statewide ballot in 2016.
Officials with Project SAM (Smart Approaches to Marijuana), an opposition group led by former U.S. Rep. Patrick Kennedy, D-R.I., said they planned to launch a statewide affiliate to gear up for the vote. “Maine is on the brink of creating a massive marijuana industry that will inevitably target teens and other vulnerable populations,” Kennedy, the group’s national chairman, said in a statement. “Misconceptions about marijuana are becoming more and more prevalent.” Kennedy said it was time “to clear the smoke and get the facts out about this drug.”...
Maine is among the 13 states targeted for full-scale legalization by the Marijuana Policy Project. The group said it would try to get legalization on the ballot in seven states and work to get state legislatures to pass it in the other six.
If a petition drive succeeds, Alaska voters are expected to consider legalization first, in 2014. In 2016, the group will try to get the issue on the ballot in Arizona, California, Maine, Massachusetts, Montana and Nevada. They’ll try to get state legislators to do the job in Delaware, Hawaii, Maryland, New Hampshire, Rhode Island and Vermont.
Tuesday’s votes were the first ballot initiatives since last November, when Colorado and Washington state approved tax-and-regulate sales plans that will take effect next year.
In Colorado, voters gave the green light to a 25 percent pot tax that comprises a 15 percent excise tax to pay for school construction and a 10 percent tax to pay for enforcement. “Colorado is demonstrating to the rest of the nation that it is possible to end marijuana prohibition and successfully regulate marijuana like alcohol,” said Mason Tvert, the communications director for the Marijuana Policy Project in Denver....
Many cities in Colorado already are eyeing marijuana as a possible source of revenue and are considering ballot measures that would impose local taxes on retail pot sales.
So far, nine U.S. cities or towns have voted to legalize marijuana or to remove penalties for possession, according to the Marijuana Policy Project. In Michigan on Tuesday, voters in Lansing, Jackson and Ferndale joined Detroit and Flint, where residents decided last year to remove all penalties for adult possession....
To fight the efforts, Project SAM officials said they wanted to warn the public that legalization could create a “Big Marijuana” tobacco-style industry. They said it was time to have an “adult conversation” about health effects and the possibility of increased drug addiction among teens. That discussion is already underway in Maine. “This is not about demonizing or legalizing marijuana, but rather educating the public about the most misunderstood drug in the state,” said Scott Gagnon, who’ll serve as Maine’s coordinator for Project SAM.
The question in the title of this post is drawn from a quote by someone from the Beer Institute appearing in this notable new National Journal item headlined "Alcohol Is Really Pissed Off at Marijuana Right Now; The marijuana industry is convincing Americans its substance is safer than alcohol, and booze lobbyists don't like it." Here are excerpts from the new National Journal piece:
Marijuana has been giving alcohol a bad name. So contend booze lobbyists, who are getting sick of an ad campaign that makes the claim that pot is safer than their beloved beverages.
"We're not against legalization of marijuana, we just don't want to be vilified in the process," said one alcohol industry representative who didn't want to be quoted harshing his colleagues mellow. "We don't want alcohol to be thrown under the bus, and we're going to fight to defend our industry when we are demonized."
The marijuana industry has had a good couple of years: a recent poll found that 58 percent of the country thinks the product should be legal, recreational use has been legalized in two states already, and this past election saw the city of Portland, Maine, legalize 2.5 ounces of pot. Ahead of the vote in Portland — which received 70 percent support — the Marijuana Policy Project put up signs around the city with messages like "I prefer marijuana over alcohol because it doesn't make me rowdy or reckless," and "I prefer marijuana over alcohol because it's less harmful to my body."
Alcohol lobbyists believe it's a "red herring" to compare the two. "We believe it's misleading to compare marijuana to beer," said Chris Thorne of the Beer Institute. "Beer is distinctly different both as a product and an industry."
Thorne notes that the alcohol industry is regulated, studied extensively, and perhaps more importantly already an accepted part of the culture. "Factually speaking beer has been a welcome part of American life for a long time," he said. "The vast majority drink responsibly, so having caricatures won't really influence people."
But MPP takes issue with the idea they are painting a false picture. In a recent Op-Ed for CNN, Dan Riffle, the group's director of federal policies, notes that according to the Centers for Disease Control excessive alcohol use is the third leading lifestyle-related cause of death. Booze also "plays a role in a third of all emergency room visits," he says....
"That's like saying we shouldn't talk about relative harms of sushi to fried chicken," said Mason Tvert, who in addition to working at MPP wrote a book called Marijuana is Safer: So Why are We Driving People to Drink? "It's important that people know the relative harms of all substances, so there's no reason not to talk about the two most popular substances in the world."
Cross-posted at Marijuana Law, Policy and Reform
Wednesday, November 6, 2013
Though it would be unwise jump to too many conclusions based on off-year election results, these headlines reporting on results concerning various marijuana initiative in various jurisdictions suggest a continuing affinity for responsible reform and sensible regulation of maijuana laws, policies and practices:
From Colorado here, "Colorado voters approve new taxes on recreational marijuana"
From Maine here, "Portland voters legalize marijuana; The ‘Yes’ vote wins in a landslide, claiming 67 percent of the tally with many of the precincts reporting"
From Michigan here, "Voters in three more Michigan cities pass marijuana decriminalization proposals"
Practically speaking, the Colorado vote is probably the most important and consequential, as it ensures a significant tax revenue stream now flowing from marijuana legalization in the Mile High state. But politically speaking, the voting outcomes in Maine and Michigan, though most symbolic, could still prove important if (and when?) more politicians on both side of the aisle in the northeast and upper midwest see that there could be political upsides in 2014 and beyond from supporting responsible reform and sensible regulation of maijuana laws, policies and practices.
Tuesday, November 5, 2013
Especially because I tend to be pretty under-informed about to international/comparative drug laws, I am very excited that the student-selected topic for discussion this week in my Marijuana Law, Policy and Reform seminar is the global regime regarding marijuana and its impact on legalization efforts in the US. Here are the readings assembled by the students as background:
I. International Law
International Regulation of Drugs
- Controlled Substances casebook, pp. 801-804 (International Framework);
- pp. 813-820 (Impact of United State Policy on Mexico);
- pp. 836-845 (International Control of Illegal Drugs, "Preventing or Causing Human Rights Violations");
- pp. 916-921 (US using trade policy to enforce drug laws under the 1986 Narcotics Act)
UN and the power to stop legalization of Marijuana
II. Comparative Law
- Dutch cannabis coffeeshop system (Controlled Substances casebook, pp.922-930)
- Sweden's drug policy experience (Controlled Substances casebook pp. 946-955)
- North Korea's tolerance of marijuana
Further Comparative law reading:
3. North Korea's meth addiction: Grau, Cutting off the Building Blocks to Methamphetamine Production, 30 Hous. J. Int’l L. 157 (2007);
At a recent speech in Denver, Drug Policy Alliance executive director Ethan Nadelmann declared that we've hit "the tipping point" on marijuana policy.
With Colorado and Washington getting ready for the first ever legal, regulated, recreational marijuana retail market for adults in the U.S.; with a majority of Americans recently saying for the first time in U.S. history that marijuana usage should be made legal; with a coalition of conservative Mormon mothers fighting for safe access to medicinal cannabis for their children -- it's hard to to disagree with him.
Although much of this is recent history, it has been a long road to what very well may be the beginning of the end of marijuana prohibition in America. Here's a look back at the major milestones that helped bring the United States to its "tipping point."
1. A long, long time ago, a plant grew on planet Earth....
2. America's founding fathers were quick to celebrate its benefits...
Monday, November 4, 2013
Sentencing judge explains his view on how nationwide reforms should impact federal marijuana sentencing
The evolving landscape of state law and federal enforcement policy regarding marijuana is particularly relevant to two of these [statutory sentencing] factors, namely (1) the need for any sentence imposed “to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense,” § 3553(a)(2)(A), and (2) the “need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct,” § 3553(a)(6).....
The Court’s role is not to question, criticize, or laud the Justice Department’s new enforcement priorities or the recent enactments of state voters and legislators. These policy choices reflect an on-going effort to address a complex, difficult, and highly controversial issue. Rather, the Court’s role is simply to take note of these developments and consider them as part ofits assessment of the seriousness of these offenses. Ultimately, the Court finds that, in 2013, strict Guidelines sentences would overstate the seriousness of the underlying offenses and therefore fail “to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.” § 3553(a)(2)(A)....
The Court also finds that Guidelines sentences in these cases would fail to address the “need to avoid unwarranted sentence disparities among defendant s with similar records who have been found guilty of similar conduct.” § 3553(a)(6). The Court construes this factor broadly, interpreting it as a command to ensure that sentences comport with the notion of equal justice under the law. The Justice Department has decided it will not prosecute certain marijuana traffickers, including large-scale commercial distributors who, in compliance with state laws and regulations, establish retail outlets that cater to recreational marijuana users in Colorado and Washington. Although the illegal enterprise in these cases is not identical to these commercial distributors — i.e., it did not comply with the laws or regulations of any state and implicated several federal enforcement priorities — it nonetheless bears some similarity to those marijuana distribution operations in Colorado and Washington that will not be subject to federal prosecution. The Court therefore finds it should use its sentencing discretion to dampen the disparate effects of prosecutorial priorities. As a result, the Court finds this factor too justifies a downward variance from the sentence the Guidelines would otherwise recommend....
Of course, these two factors are not the only ones the Court must consider under § 3553(a). Others, particularly “the nature and circumstances of the offense,” § 3553(a)(1), and“the need for the sentence imposed to afford adequate deterrence to criminal conduct” § 3553(2)(B), militate more strongly in favor of a Guidelines sentence. Indeed, the conspiracy at issue in these cases was a large, elaborate, and profitable illegal operation involving well in excess of 1,000 kilograms of marijuana. The Court therefore believes that a two-level variance from the Guidelines, which would reduce each defendant’s sentence by roughly 20 to 25%, is appropriate. Such a variance reflects national trends in the enforcement of marijuana-related offenses, while recognizing the undeniable illegality of defendants’ conduct. As it determines the sentence of each defendant in these cases, the Court will adopt this analysis, and accordingly it will grant each defendant the benefit of a two-level downward variance.
Recent related post:
- Do nationwide reforms now call for federal judges to sentence below the guidelines in all marijuana cases?
New market analysis asserts nearly $1.5 billion in LEGAL marijuana sales in 2013, and nearly $2.5 billion on 2014
The market for legal marijuana in the United States is growing at a rate that is poised to outpace the expansion of the smartphone market, according to a new report obtained exclusively by The Huffington Post.
Researchers surveyed hundreds of medical cannabis retailers, processors, dispensary owners and industry leaders over the course of six months this year, and estimated that more than $1.43 billion worth of legal marijuana will be sold in 2013. The report also predicts that figure to grow by 64 percent to $2.34 billion next year. Recent figures show the smartphone market expanded by 46 percent from 2012 to 2013.
"Cannabis is one of the fastest growing industries," said Steve Berg, a former managing director of Wells Fargo Bank and editor of the report, the second edition of the State of Legal Marijuana Markets.... "Entrepreneurs and private investors are flocking to these markets," he said. "Those who really understand market dynamics will reap large rewards."
Medical marijuana is currently legal in 20 states and the District of Columbia. Next year, Washington and Colorado will begin implementing laws that permit the sale of pot to all adults, and Berg noted that those states will obviously play a major role in the growth of the cannabis market. Colorado alone is predicted to add $359 million to its existing market in 2014....
"There has been a seismic shift in public attitudes towards marijuana," Berg said, explaining that as public opinion changes, laws are likely to follow. "Younger voters will become a bigger proportion of the overall voting base. It begins with shifts in attitudes and that translates to initiatives."
The report predicts that 14 more states will legalize marijuana for recreational adult use in the next five years, creating a potential $10.2 billion cannabis market by 2018.
Berg added that his research only examined the sale of cannabis itself, whether wholesale to retailers or directly to consumers. He said that the market for ancillary products, such as security equipment, grow tools, apps and paraphernalia, has the potential to drive growth still further. "This industry is professionalizing and seeing an influx of professionals from other industries," he said. "More and more investors are coming in and financing these businesses, which have more and more markets to serve."
Sunday, November 3, 2013
The Nation talks up "Dope and Change" and explains "Why It’s Always Been Time to Legalize Marijuana"
If magazine covers serve as a marker of some kind of tipping point, then November 2013 should be marked as the month when these covers went to pot. As noted in this prior post, the November 2013 issue of Reason magazine has lots of terrific coverage of modern marijuana realities and a lengthy cover story titled "Pot Goes Legit." Now I see that the November 18, 2013 issue of The Nation is covering marijuana mania with a cover picture of President Obama's high-school "Choom Gang" under the headline "Dope and Change" and this editorial headlined "Why It’s Always Been Time to Legalize Marijuana." Here is how the editorial gets started:
“Marijuana is indeed a gateway drug,” quips Sanho Tree of the Institute for Policy Studies. “It’s a gateway drug to the Oval Office!” Indeed. From Bill Clinton’s “I didn’t inhale it” through George W. Bush’s “I was young and foolish” to Barack Obama’s teen years in the Choom Gang (“I inhaled frequently—that was the point”), the last three presidents have more or less owned up to breaking America’s drug laws.
All of them were elected. Then re-elected.
This raises obvious questions: If Clinton, Bush and Obama, ex–pot smokers all, were deemed responsible enough to lead the world’s most powerful nation, largest economy and strongest military (with thousands of nukes), why are we still arresting young men and women — especially young African-Americans and Latinos — for doing what these men did? Why do countless people languish behind bars for nonviolent drug crimes? And why is pot still classified as a dangerous drug?
This is especially astonishing when you consider that almost half of all Americans — myself included — admit to having at least tried pot. As a parent who has had the substance use-and-abuse talks with my 22-year-old daughter, I’ve had a hard time explaining why she can freely purchase cigarettes, which can certainly kill her, but not marijuana, which will surely not.
When the Eighteenth Amendment banned alcohol in 1920, it took thirteen years to admit failure and enact the Twenty-first, which ended Prohibition. By contrast, it has now been almost eighty years since the Federal Bureau of Narcotics launched the “reefer madness” era. The ensuing decades have been a debacle, from Nixon’s “war on drugs” to the creation, by Joe Biden, of a national “drug czar.”
So much failure. So many lives ruined. So much time wasted. Enough. It’s time to end pot prohibition. It’s time to legalize marijuana.
In addition to this editorial, The Nation has in both its print edition and on-line an extraordinary amount of insightful commentary about modern marijuana realities past, present and future. Here are links to all the coverage, cut and pasted straight from the end of the editorial:
Also In This Issue
Mike Riggs: “Obama’s War on Pot”
Carl L. Hart: “Pot Reform’s Race Problem”
Kristen Gwynne: “Can Medical Marijuana Survive in Washington State?”
Atossa Araxia Abrahamian: “Baking Bad: A Potted History of High Times”
Various Contributors: “The Drug War Touched My Life: Why I’m Fighting Back”
And only online…
J. Hoberman: “The Cineaste’s Guide to Watching Movies While Stoned”
Harmon Leon: “Pot Block! Trapped in the Marijuana Rescheduling Maze”
Seth Zuckerman: “Is Pot-Growing Bad for the Environment?”
November 3, 2013 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Saturday, November 2, 2013
In their 2012 book Marijuana Legalization: What Everyone Needs to Know, Jonathan Caulkins and three other drug policy scholars identify the impact of repealing pot prohibition on alcohol consumption as the most important thing no one knows. Are cannabis and alcohol complements, so that drinking can be expected to increase along with pot smoking? Or are they substitutes, implying that more pot smoking will mean less drinking? For analysts attempting to calculate the costs and benefits of legalizing marijuana, the question matters a lot, because alcohol is considerably more dangerous than marijuana by most measures. If the two products are complements, states that legalize marijuana can expect to see more consumption of both, exacerbating existing health and safety problems. But if the two products are substitutes, legalizing marijuana can alleviate those problems by reducing alcohol consumption.
Reviewing the evidence in the Journal of Policy Analysis and Management, Montana State University economist D. Mark Anderson and University of Colorado economist Daniel Rees find that “studies based on clearly defined natural experiments generally support the hypothesis that marijuana and alcohol are substitutes.” [Study Here] Increasing the drinking age seems to result in more marijuana consumption, for instance, and pot smoking drops off sharply at age 21, “suggesting that young adults treat alcohol and marijuana as substitutes.” Another study found that legalizing marijuana for medical use is associated with a drop in beer sales and a decrease in heavy drinking. These results, Anderson and Rees say, “suggest that, as marijuana becomes more available, young adults in Colorado and Washington will respond by drinking less, not more.”
That conclusion is consistent with earlier research in which Anderson and Rees found that enacting medical marijuana laws is associated with a 13 percent drop in traffic fatalities. [Study Here] That effect could be due to the fact that marijuana impairs driving ability much less dramatically than alcohol does, although the fact that alcohol is more likely to be consumed outside the home (resulting in more driving under its influence) may play a role as well....
Anderson and Rees note that UCLA drug policy expert Mark Kleiman, who co-wrote Marijuana Legalization and has been advising Washington’s cannabis regulators, recently described a worst-case scenario for legalization featuring an increase in heavy drinking, “carnage on our highways,” and a “massive” increase in marijuana consumption among teenagers. “Kleiman’s worst-case scenario is possible, but not likely,” they conclude. “Based on existing empirical evidence, we expect that the legalization of recreational marijuana in Colorado and Washington will lead to increased marijuana consumption coupled with decreased alcohol consumption. As a consequence, these states will experience a reduction in the social harms resulting from alcohol use. While it is more than likely that marijuana produced by state-sanctioned growers will end up in the hands of minors, we predict that overall youth consumption will remain stable. On net, we predict the public-health benefits of legalization to be positive.”
Notably, this commentary and the research it emphasizes appears only to consider the public health benefits that could result from folks substituting marijuana use for alcohol use. I have long thought that another possible public health benefit could flow from marijuana legalization if some heavy cigarette smokers end up smoking less in total because they sometimes substitute a few joints for a few packs of cigs. Similarly, one might further speculate that there might be a positive "reverse gateway" effect from marijuana legalization with respect to other dangerous drug use and abuse: perhaps fewer folks will try using, or end up harmfully abusing, harder drugs like ecstasy and heroin and meth and oxycodone if they can get always get a cheap and legal buzz from marijuana.
Of course, a lot of research about the use and abuse of various drugs will be needed in order to come to dependable conclusions about the full public health impact of modern marijuana reform developments. Still, especially when everyone is understandably all worked up about the Obamacare roll-out and broader health care reform realities, it is fun to speculate that modern marijuana reforms could end up being the most consequential and positive public health development of the Obama era.
I have long been drawn to the marijuana legal reform movement due to my general affinity for expanding personal freedom and my generally disaffinity for big-government programs like the war on drugs that seem very costly and mostly ineffective. But I have always respected the concerns expressed by serious people that pot prohibition is a public health necessity and that even modest moves toward marijuana legalization could prove costly and harmful in various ways. Without getting too much into the weeds of an empirical debate, I wonder if those who are vigorously opposed to (or even just generally resistant to) marijuana reform movements would still oppose reform if (and when?) empirical evidence starts to show that (some? many? all?) US public health measures and metrics are improved in the wake of marijuana legalization reforms.
Colorado could have more than 100 recreational-marijuana stores open Jan. 1, according to newly released numbers from the state's Marijuana Enforcement Division. The division, which oversees Colorado's regulation of marijuana businesses, accepted 136 applications in October from people seeking to open recreational pot shops. The division also accepted 28 applications for recreational marijuana-infused-products businesses and 174 applications for recreational cultivation facilities.
The businesses that applied in October will have a decision made on their applications by the end of the year, said Julie Postlethwait, a spokeswoman for the Marijuana Enforcement Division. That means they are in line to open Jan. 1, the earliest date for recreational-marijuana sales in Colorado.
By law, all of the applications came from people currently operating medical-marijuana businesses in Colorado. But the tallies represent just a fraction of the state's medical-marijuana industry. Colorado has 517 medical-marijuana dispensaries, 138 medical-marijuana-infused products businesses and 736 medical-marijuana-cultivation facilities, according to the Marijuana Enforcement Division.
"It's expensive," Meg Collins, the executive director of the Cannabis Business Alliance, said in explaining why so few medical-marijuana businesses are seeking to add a recreational component. "In the discussions I've had with folks, I think that one of the things that possibly forestalled people from immediately jumping in is the financial consideration."
Application fees for new recreational-marijuana businesses start at $500 and licensing fees range from $2,750 to $14,000, depending on the type of business and other factors. Postlethwait said the division has not finished its accounting on how much money it collected in October, but estimated that application fees alone brought in around $179,000.
Only two of the businesses that have applied indicated they would make a full conversion to recreational sales, Postlethwait said. The rest intend to operate jointly as medical- and recreational-marijuana stores. In some cases, those businesses will have to divide the shops with a wall and give each shop a separate entrance.
Local bans and moratoriums on recreational pot sales — including in places such as Colorado Springs and Boulder, each of which has dozens of medical-marijuana dispensaries — have also kept recreational applications down, said Mike Elliott, the executive director of the Medical Marijuana Industry Group. Still, Elliott said more businesses are applying for recreational licenses this month and they, too, could receive permission to open shortly into the new year.
Wednesday, October 30, 2013
When televangelist Pat Robertson announced his support for legalizing marijuana last year, pot backers wasted no time in putting his picture on an electronic billboard in Colorado.
Marijuana billboards have popped up along busy freeways from Seattle to Florida. In September, one greeted fans going to Sports Authority Field at Mile High Stadium in Denver for the first NFL game of the season. In July, pot supporters tried to get a video ad on a jumbo screen outside a NASCAR event in Indianapolis, but objections forced them to pull it in the last minute.
In the latest twist, pro-pot billboards are emblazoned on city buses in Portland, Maine, aimed at winning votes for a Nov. 5 ballot measure that would make the city the first on the East Coast to legalize marijuana for recreational use.
Critics fear that the increased advertising is a sign of things to come as support for legalization continues to grow, reflected by a Gallup poll released last week that found backing from a record high 58 percent of Americans. They see the stepped-up promotion as a dangerous trend that will lead to more drug abuse among children.
While the Greater Portland Transit District has banned tobacco ads, it accepted $2,500 to display the marijuana billboards on the exterior of four of its 32 city buses and in two bus shelters. The ads, which debuted early this month, are set to run until Election Day.
In one ad, a bespectacled woman says: “I prefer marijuana over alcohol because it’s less toxic, so there’s no hangover.” Another features a smiling young man who says he prefers pot over booze “because it doesn’t make me rowdy or reckless.” Transit officials say the ads are constitutionally protected political speech since they also encourage a “yes” vote on a city ballot initiative.
“We’re allowing this message because it’s political speech. It’s designed to help change a law,” said Gregory Jordan, the general manager of the transit district. “It’s not the promotion of a commercial product. . . . We don’t have a position on the content of the advertising, just that it’s a political message and by its very nature it’s protected by the First Amendment.”
Opponents say the ads go well beyond endorsing a ballot measure, instead promoting an illegal product. They say the ads shouldn’t be allowed in places where they’re so easily viewed by youths, including high school students who ride city buses to school. “What we say and what we do is being watched by the kids in our communities, and they look to us for clues on what’s acceptable and what’s normal and how they should act,” said Jo Morrissey, the project manager for a substance abuse group called 21 Reasons, which asked the transit district to drop the ads....
Jordan said the transit line, which serves nearly 1.5 million riders a year, was on solid legal ground but that he understood the criticism: “I can certainly see how maybe it’s a fine distinction.”
David Boyer, the Maine political director for the Marijuana Policy Project, which bought the ads, said the backlash had surprised him. He defended the ads, saying it’s important that everyone, including kids, knows that marijuana is safer than alcohol....
The Portland vote is the first ballot test for legalization backers since last November, when Washington state and Colorado approved plans to sell and tax the drug for recreational use beginning next year. If the measure passes, residents of Maine’s largest city who are 21 and older each will be allowed to possess up to 2.5 ounces of marijuana.
Tuesday, October 29, 2013
The title of this post is the student-selected topic for discussion this week in my Marijuana Law, Policy and Reform seminar. Here is the outline of issues and resources the students prepared to foster and facilitate discussion:
My Experience Working at a Marijuana Dispensary – One girl's first-hand account of her experience working at a dispensary in California for one year
14 Kinds of Jobs Sustained by Marijuana – According to Indeed.com, which tracks job listings, in 2011 there was over a 3,000 percent increase in the medical marijuana industry since 2005. This is a list of 14 types of jobs available in medical cannabis.
Your Genius Idea for a 420-Friendly Lazer Tag Arena Could Soon Become Reality in Colorado – Colorado’s Marijuana Enforcement Division (MED) is accepting applications for business proposals, but only existing medical marijuana shop owners are allowed to apply for the recreational marijuana licenses for the first nine months. Investors have committed “well over $1 million” to Colorado marijuana companies.
High-Paying Jobs Available in New Medical Marijuana Industry? – Dixie Elixirs, Denver-based company that manufactures medicated edibles, employed directly in excess of 10,000 employees, including high-salary executive jobs, scientists, and attorneys.
Cannabis Career Institute Hits Chicago to Help Residents Cash in on ‘The New Gold Rush’– CCI is continuing its educational tour in Chicago, teaching students the ins and outs of owing a dispensary or grow operation through their “pot college.”
Marijuana Entrepreneurs, Seminars, and Finance
These are all resources that pertain to creating your own marijuana business. They are comprised of seminar services, RSS feeds regarding important marijuana entrepreneur news, and derivative sources of some economics that marijuana creates.
Comparison to Casino and Alcohol
Links with state-by state jobs numbers for the wine and spirits industry (not including the beer industry). No need to read through all of them, just click on a few links to get a sense of the alcohol industry's job impacts. http://www.wswa.org/search_results.php?search=repeal%20prohibition&type=news
A PDF fact sheet of the total number of jobs the alcohol industry supports: http://www.discus.org/assets/1/7/ContributionFactSheet.pdf
A brief survey of casino jobs across America: http://www.americangaming.org/industry-resources/research/fact-sheets/casino-employment
An employment study from "The Journal of Gambling Business and Economics." Apparently that's a thing. It's a technical read, so they should read the descriptive parts and skip the technical parts. http://www.walkerd.people.cofc.edu/360/AcademicArticles/Cotti2008.pdf
Another employment study, done by the St. Louis Federal Reserve. The gaming has had a positive impact on employment in localities across the country. http://research.stlouisfed.org/publications/review/04/01/garrett.pdf
1) In addition to the educational aspects of the store, weGrow provides anywhere between 15 and 20 full- and part-time jobs. But Mann says it’s the ancillary jobs created that make a difference, including hiring a doctor on site for medical marijuana evaluations; professors to teach classes, including technicians and experienced growers; design and construction positions; security positions, and distributors. About 75 indirect jobs are created with the opening of each weGrow store. http://aznow.biz/small-biz/wegrow-phoenix-opens-cultivates-opportunities-arizona%29
2) By recognizing the potential for medical marijuana business advertisements, the Sacramento News and Review is expanding its distribution and hiring more staff. http://www.today.com/id/43641235/ns/business-us_business/#.Um8iJiRieiY
3) Interesting stats — apparently only a quarter of people think legalized pot would lead to more jobs in their community, while 57% believe there would be no effect. Makes you wonder if this is a (mis)perception that should be hit harder by legalization reformers. If the benefits can be demonstrated to those in the 57% camp maybe you pull in some new supporters. http://www.huffingtonpost.com/2010/04/20/legalizing-pot-will-not-b_n_544526.html?
4) Mr. McPherson said the city stood to reap more of what he called the “secondary benefits.” “You’ve got accountants that are working for them, you’ve got all the security companies that are working for them, you have labs that are working for them, you have bakeries that are baking all the edibles, you have union employees that are getting great benefits, you have delivery services, hydroponic stores, doctors get some benefit,” he said. “It’s the secondary market that gains from this, and all of those pay business taxes to us.” http://www.nytimes.com/2012/02/12/us/cities-turn-to-a-crop-for-cash-medical-marijuana.html?_r=2&
Do nationwide reforms now call for federal judges to sentence below the guidelines in all marijuana cases?
A federal judge said Friday he would consider lighter-than-normal sentences for members of a major suburban marijuana smuggling organization — the latest fallout of the drug's legalization in several U.S. states.
U.S. District Judge James K. Bredar noted that federal authorities announced this summer they would not pursue criminal cases against dispensaries and others legally handling marijuana in states where the drug has been legalized.
Bredar, who called the hearing to discuss the issue, said it might be more appropriate to compare the defendants in the Maryland marijuana case to smugglers of improperly taxed cigarettes rather than treat them as hardened drug traffickers. "It's a serious thing," Bredar said of the group's operation, "but it's not the same as dealing heroin."...
Friday's hearing involved defendants convicted of running a smuggling operation that imported large quantities of marijuana to Howard and Anne Arundel counties from California and New Jersey and laundering the proceeds through an eBay business located in a Jessup warehouse. Twenty-two of the 23 people charged in the case have been convicted; charges against one were dismissed.
Earlier this month, Bredar canceled all of the scheduled sentencings in the case and announced his plan to hold a hearing on changes in Justice Department policy that allow marijuana handlers such as dispensaries and cultivation centers to operate openly in states where marijuana is legal....
At issue in the Maryland case, Bredar said, is whether that shift means the government has decided the drug is less serious now than when federal sentencing guidelines were formulated. "Has the federal government changed its enforcement policy?" Bredar asked.
Assistant U.S. Attorney Andrea L. Smith said the topic was an appropriate one to discuss, but argued that marijuana remained a serious drug and noted that the case involved guns and violence. She suggested it might be more appropriate to compare marijuana dealing to trafficking in illegally obtained prescription pain pills rather than to cigarette smuggling....
And on a sliding scale of regulated substances, Bredar said, he thought marijuana had moved away from hard drugs and toward tobacco.
Sentences in federal cases are based on guidelines that take into account drug quantities and other circumstances in advising judges on the appropriate prison time. Those rules already recognize that dealing heroin is much more serious than dealing marijuana.
For example, all else being equal, a defendant convicted of dealing between one and three kilograms of heroin would face between nine and 11 years in prison, as would someone who sold between 1,000 and 3,000 kilograms of marijuana. At the same time, a cigarette trafficker would have to evade $100 million in taxes to face that length of prison sentence — a vastly greater weight in tobacco.
The guidelines are advisory and judges can take other factors into account when deciding a sentence. Bredar said he would take particular note of two of those factors when sentencing the defendants: He wants to make sure that defendants around the country are being treated equally and that the sentences reflect the seriousness of the offense....
A federal judge in Maryland handed down lighter prison sentences Monday to defendants in a huge marijuana distribution case, saying that such offenses are "not regarded with the same seriousness" as they were just a few decades ago.
U.S. District Judge James K. Bredar said the federal government's response to marijuana legalization in some states — notably the decision not to pursue criminal cases against dispensaries and others handling the drug in accordance with those states' laws — raises concerns of "equal justice."
In handing down a nearly five-year sentence, Bredar said he felt Scott Russell Segal had committed a significant crime for his role moving hundreds of kilograms of marijuana and laundering the proceeds.
But the judge used his discretion to ignore federal guidelines, which equate marijuana with harder drugs like heroin and called for Segal to receive eight to 11 years in prison. A second defendant also got a shorter sentence than called for in the guidelines. "It's indisputable that the offense is not regarded with the same seriousness it was 20 or 30 years ago when the sentencing guidelines … which are still in use, were promulgated," Bredar said.
Monday, October 28, 2013
I receive a lot (read: too much) e-mail that promotes infographics on some hot topic in an effort, it would seem, to drive my blog readers to some legal source or website or marketplace. I tend not to be inclined to post these infographics, but one just sent to me dealing with marijuana law, policy and reform today fed my addition for some new visual content. Ergo, thanks to the folks promoting "this new infographic giving a timeline of marijuana usage in the U.S." and related information, here is a visual presentation of (not-quite) all you need to know about the state of marijuana law, policy and reform:
Source: Up in Smoke: A Timeline of Marijuana Use in the U.S.
From ABC News here, "Dot-Bong Era's First Marijuana Brand Debuts"
From the Chicago Tribune here, "Illinois pot law presents hazy legal situation for employers"
From the Denver Post here, "Colorado's new pot laws draw marijuana refugees"
From Salon here, "Science for stoners: What is marijuana 'abuse?'"
From Time here, Study: Marijuana Compounds Can Kill Some Cancer Cells"
From USA Today here, "Marijuana debate catches fire among college students"
From the Washington Post here, "Marijuana likely to be decriminalized in DC"
Saturday, October 26, 2013
But at a time when polls show widening public support for legalization — recreational marijuana is about to become legal in Colorado and Washington, and voter initiatives are in the pipeline in at least three other states — California’s 17-year experience as the first state to legalize medical marijuana offers surprising lessons, experts say.
Warnings voiced against partial legalization — of civic disorder, increased lawlessness and a drastic rise in other drug use — have proved unfounded. Instead, research suggests both that marijuana has become an alcohol substitute for younger people here and in other states that have legalized medical marijuana, and that while driving under the influence of any intoxicant is dangerous, driving after smoking marijuana is less dangerous than after drinking alcohol.
Although marijuana is legal here only for medical use, it is widely available. There is no evidence that its use by teenagers has risen since the 1996 legalization, though it is an open question whether outright legalization would make the drug that much easier for young people to get, and thus contribute to increased use.
And though Los Angeles has struggled to regulate marijuana dispensaries, with neighborhoods upset at their sheer number, the threat of unsavory street traffic and the stigma of marijuana shops on the corner, communities that imposed early and strict regulations on their operations have not experienced such disruption.
Imposing a local tax on medical marijuana, as Oakland, San Jose and other communities have done, has not pushed consumers to drug dealers as some analysts expected. Presumably that is because it is so easy to get reliable and high-quality marijuana legally.
Finally, for consumers, the era of legalized medical marijuana has meant an expanded market and often cheaper prices. Buyers here gaze over showcases offering a rich assortment of marijuana, promising different potencies and different kinds of highs. Cannabis sativa produces a pronounced psychological high, a “head buzz,” while cannabis indica delivers a more relaxed, lethargic effect, a “body buzz.”...
Still, even as public opinion in support of legalizing marijuana has grown, opposition remains strong among many, including some law enforcement organizations, which warn that the use of the drug leads to marijuana dependence, endangers the health of users and encourages the use of other drugs....
In a broad study on the ramifications of legalizing recreational marijuana about to be published in The Journal of Policy Analysis and Management, two economics professors said a survey of evidence showed a correlation between increased marijuana use and less alcohol use for people ages 18 to 29.
The researchers, D. Mark Anderson of Montana State University and Daniel I. Rees of the University of Colorado, said that based on their study, they expected younger people in Colorado and Washington to use marijuana more and alcohol less. “These states will experience a reduction in the social harms resulting from alcohol use: Reducing traffic injuries and fatalities is potentially one of the most important,” the professors said.
Mark A. R. Kleiman, a professor at the University of California, Los Angeles, and an expert on marijuana policy who was the chief adviser to Washington on its marijuana law, said the connection between alcohol and marijuana use, if borne out, would be a powerful argument in favor of decriminalization. “If it turns out that cannabis and alcohol are substitutes, then by my scoring system, legalizing cannabis is obviously a good idea,” Mr. Kleiman said. “Alcohol is so much more of a problem than cannabis ever has been.”
Still, he said, it will take time before long-term judgments can be made. “Does it cause problems?” he said. “Certainly. Is it on balance a good or bad thing? Ask me 10 years from now.”
We’ve reached the point where there should be no surprise if a major national politician embraces marijuana legalization. Without any large-scale campaign on its behalf, surveys show that approximately half of Americans now support marijuana legalization, including 58 percent in a recent, but potentially outlying, Gallup poll. Regardless of the exact support today, marijuana is all but assured to emerge as an issue in national elections — it's only a question of how and when.
So far, neither party wants to touch the issue. The Democratic governors of Washington and Colorado didn’t even support initiatives to legalize the possession, distribution, and consumption of marijuana, even though the initiatives ultimately prevailed by clear margins. It took the administration ten months to announce — in the middle of the Syria debate — that the Department of Justice wouldn’t pursue legal action against Washington and Colorado. And on the other hand, Republicans weren't exactly screaming about hippies and gateway drugs, either.
Despite their apparent reservation to engage the issue, it’s hard to imagine Democrats staying on the sidelines for too many more election cycles. The party’s base is already on board, with polls showing a clear majority of self-described Democrats in support....
To date, Democrats haven’t had many incentives to take a risk on the issue. Democrats are already winning the winnable culture war skirmishes, at least from a national electoral perspective, and they have a winning demographic hand. And let’s get perspective: Marijuana legalization may be increasingly popular, but it’s not clearly an electoral bonanza. Support for legalization isn’t very far above 50 percent, if it is in fact, and there are potential downsides. National surveys show that a third of Democrats still oppose marijuana legalization. Seniors, who turnout in high numbers in off year elections, are also opposed. Altogether, it’s very conceivable that there are more votes to be lost than won by supporting marijuana. After all, marijuana legalization underperformed President Obama in Washington State.
Even so, Democratic voters will eventually prevail over cautious politicians, most likely through the primary process. Any liberal rival to Hillary Clinton in 2016 will have every incentive to support marijuana legalization. Whether Clinton will follow suit is harder to say, given that frontrunners (and Clintons) are generally pretty cautious. It’s probably more likely that Clinton would endorse steps toward liberalization, like weaker criminal penalties and support for the legalization experiments in Washington and Colorado.
Republicans, meanwhile, are less likely to support legalization or liberalization. To be sure, some Republicans will. They can take a states’ rights position and the party has a growing libertarian bent, perhaps best exemplified by Rand Paul’s willingness to support more liberal marijuana laws. Republicans also have electoral incentives to lead on issues where they can earn a few votes among millennials, who pose a serious threat to the continued viability of the national Republican coalition. If the Republicans can't adjust their existing positions to compensate for demographic and generational change, which (for now) it appears they cannot, then perhaps taking a stance on a new issue, like marijuana, is the best they can do.
Of course, the problem is that a majority of Republicans are opposed to legalization. Two thirds of Republicans voted against legalization in Colorado and Washington, where one might expect Republicans be somewhat more amenable than the nation as a whole. It probably doesn’t help that marijuana is closely aligned with the liberal counterculture. It's also possible that many pro-legalization conservatives don't identify as Republicans at all, but instead might be independents....
With Republicans likely to remain opposed, marijuana could emerge as a big cultural issue in the 2016 election. In particular, Clinton would be well-positioned to deploy the issue. Her strength among older voters and women mitigates the risk that she would lose very much support, while legalization could help Clinton with the young, independent, and male voters who could clinch her primary or general election victory.
But realistically, Clinton or another Democrat won't campaign on marijuana legalization. For one, it’s most likely that the Democratic nominee will support incremental measures....
It’s easier to imagine marijuana playing a role in the 2016 primaries. Many candidates will have incentives to use the issue, whether it’s a cultural conservative using marijuana to hurt Rand Paul among evangelicals in Iowa, or a liberal trying to stoke a progressive revolt against Clinton’s candidacy. And once one party begins to debate the issue, the other will almost certainly be confronted by the same question. Marijuana won’t be decisive in a primary, but 2016’s primary battles will shape the two party’s initial positions on the issue.
Yet marijuana’s big moment will probably come later, perhaps in 2024. Legalization might eventually be popular enough for Democrats to use the issue in general elections, first at the state level and then nationally. As with gay marriage, the GOP’s obvious but difficult solution is to take their own creed on states’ rights seriously, and devolve the issue — and the politics — to the states. Compared to gay marriage, which strikes at the heart of the evangelical wing of the party, it should be easier for the Republicans to make an adjustment on marijuana. But if they cannot, the GOP will again find itself on the losing side of the culture wars.
I see lots and lots of merit to this analysis, and I find especially intriguing the cogent observation that a older female politician like Hillary Clinton might be especially well positioned to experiences far more political benefits than costs from pro-marijuana reform positions. (Indeed, I have been thinking for some time that the marijuana reform movement needs a prominent female (and motherly) face and voice comparable to Pauline Sabin, the first woman to sit on the Republican National Committee, who was a vocal advocate from repealing alcohol prohibition 80 years ago.)
But I think this commentary may be missing one key reality that I am certain will impact dramatically the politics of pot over the next few cycles: the reality and perceptions of what ends up happening, good or bad, in Colorado and Washington as recreational pot goes mainstream in these two distinct states. If legalization is seen as a huge success inside and outside these states over the next 12 months, especially in swing-state Colorado, we should expect marijuana reform supporters to see positive political possibilities as early as 2014. But if things go poorly in these states, the reform politics necessarily will take on a much different character.
Labaoratories of democracy, here we come: buckle up local, state and national politicians, we are likely in for a bumpy and unpredictable politicial ride.
Thursday, October 24, 2013
The special interest marijuana lobby -- who, like the tobacco industry, intend to make millions off of marijuana products by advertising and promoting their substance of choice -- can't stop talking about a recent Gallup poll finding that 58 percent of Americans support marijuana legalization. Media outlets are already calling "game over" on the debate, expressing that, like gay marriage, marijuana is an issue whose time has come.
Not so fast. Though marijuana lobbyists, like other special interest groups, are masters at manipulating and overplaying findings favorable to their crusade -- and ignoring findings that are unfavorable (like the link between marijuana and IQ loss or mental illness), the rest of us should see through the smoke and mirrors. There are at least three major problems with using Gallup as a reliable marker for marijuana attitudes in the U.S....
Earlier this year, former Congressman Patrick J. Kennedy and I founded Project SAM (Smart Approaches to Marijuana), along with a slew of public health researchers and physicians -- from groups like the American Academy of Pediatrics, American Society of Addiction Medicine, and other prominent medical organizations -- to raise awareness about what the likely real result of legalization will be: this century's version of Big Tobacco. That's because millionaire ex-Microsoft executives are already launching, in their words, the "Starbucks of Marijuana." And multimillion-dollar private holding groups continue to raise money from investors eager to cash in on the "green rush."
People's image of marijuana legalization, however, is not consistent with this new corporate reality. Folks are still stuck in the 1970s -- they think of peace loving, drum playing, harmless pot smokers who just want to light up without the hassle of the law. And thanks to a marijuana industry casting doubt on any shred of scientific evidence (indeed mounds of it) that puts the drug in a bad light, confusion persists.
Hippies, step aside please. Marijuana's Marlboro Man is about to take the stage.
Recent related post:
Tuesday, October 22, 2013
For marijuana advocates, the last 12 months have been a period of unprecedented success as Washington and Colorado became the first states to legalize recreational use of marijuana. And now for the first time, a clear majority of Americans (58%) say the drug should be legalized. This is in sharp contrast to the time Gallup first asked the question in 1969, when only 12% favored legalization.
Public support for legalization more than doubled in the 1970s, growing to 28%. It then plateaued during the 1980s and 1990s before inching steadily higher since 2000, reaching 50% in 2011. A sizable percentage of Americans (38%) this year admitted to having tried the drug, which may be a contributing factor to greater acceptance.
Success at the ballot box in the past year in Colorado and Washington may have increased Americans' tolerance for marijuana legalization. Support for legalization has jumped 10 percentage points since last November and the legal momentum shows no sign of abating. Last week, California's second-highest elected official, Lt. Gov. Gavin Newsom, said that pot should be legal in the Golden State, and advocates of legalization are poised to introduce a statewide referendum in 2014 to legalize the drug....
Independents' growing support for legalization has mostly driven the jump in Americans' overall support. Sixty-two percent of independents now favor legalization, up 12 points from November 2012. Support for legalization among Democrats and Republicans saw little change. Yet there is a marked divide between Republicans, who still oppose legalizing marijuana, and Democrats and independents.
Americans 65 and older are the only age group that still opposes legalizing marijuana. Still, support among this group has jumped 14 percentage points since 2011. In contrast, 67% of Americans aged 18 to 29 back legalization. Clear majorities of Americans aged 30 to 64 also favor legalization....
Whatever the reasons for Americans' greater acceptance of marijuana, it is likely that this momentum will spur further legalization efforts across the United States. Advocates of legalizing marijuana say taxing and regulating the drug could be financially beneficial to states and municipalities nationwide. But detractors such as law enforcement and substance abuse professionals have cited health risks including an increased heart rate, and respiratory and memory problems.
With Americans' support for legalization quadrupling since 1969, and localities on the East Coast such as Portland, Maine, considering a symbolic referendum to legalize marijuana, it is clear that interest in this drug and these issues will remain elevated in the foreseeable future.
Uruguay's drug tsar says the country plans to sell legal marijuana for $1 a gram to combat drug-trafficking, according to a local newspaper.
The plan to create a government-run legal marijuana industry has passed the lower house of Congress, and Uruguay's president, José Mujica, expects to push it through the Senate soon as part of his effort to explore alternatives in the war on drugs....Marijuana sales should start in the second half of 2014 at a price of about $1 a gram, drug chief Julio Calzada told Uruguay's El País, on Sunday – an eighth or less of what it costs at legal medical dispensaries in some US states. Calzada said one gram would be enough "for one marijuana cigarette or two or three slimmer cigarettes".
He said the idea was not to make money but to fight petty crime and wrench the market away from illegal dealers. "The illegal market is very risky and of poor quality," he said. The state was going to offer "a safe place to buy a quality product and on top of that, it's going to sell it at the same price".... Sales would be restricted to locals, who would be able to buy up to 40g a month.
Smoking pot has long been legal in Uruguay, but growing, carrying, buying or selling it has been punishable by prison terms. About 120,000 Uruguayans consume marijuana at least once a year, according to the National Drug Council. Of these, 75,000 smoke it every week and 20,000 every day.
In the US, the states of Washington and Colorado have legalised marijuana and adopted rules governing its sale. Unlike Uruguay, they will tax marijuana, seeing it as a revenue source, when it goes on legal sale next year. In Washington, the state marijuana consultant has projected legal pot might cost $13-$17 a gram. Marijuana in the medical dispensaries typically ranges from $8-$14 a gram in Washington depending on quality.