Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Saturday, November 4, 2017

"Can Los Angeles repair the damage done by the war on marijuana?"

The title of this post is the headline of this notable new Los Angeles Times editorial.  Here are excerpts:

Make no mistake, the war on marijuana has not been colorblind. Despite national surveys showing that white people and black people use marijuana at approximately the same rates, blacks have over the years been nearly four times more likely to be arrested for marijuana possession than whites.

That disparity is as true in Los Angeles as it is elsewhere in the country. African Americans comprise less than 10% of the population in L.A. Yet between 2000 and 2017, blacks represented 40% of marijuana-related arrests.  Latinos made up 44% of arrests.  Whites made up only 16% of arrests, according to a city consultant’s analysis of Los Angeles Police Department data.  And even as Los Angeles and other cities allowed the growth of a quasi-legal, hugely profitable medical marijuana industry run mostly by white entrepreneurs, police arrests for marijuana possession and sales continued to target African Americans and Latinos overwhelmingly.

A drug arrest — especially if followed by a conviction — can have terrible consequences.  Even after a person has completed his or her sentence, it remains harder to get a job, get into college, rent an apartment or get a loan.  A drug conviction is a barrier to economic opportunity.

Now that California has voted to legalize marijuana for adults, a crucial question is whether there a way to repair the damage created by decades of unequal enforcement practices.  The answer being considered by the Los Angeles City Council is to make it easier for people who were arrested or otherwise affected by the disparate enforcement of marijuana laws to get in on the ground floor of the emerging multibillion-dollar cannabis industry.

The idea behind the proposed “social equity” program is that the people most affected should now be helped to partake in the profits and benefits of legalization.  The challenges of opening a marijuana business are so great — there are huge upfront costs, serious impediments to getting bank loans and extremely intricate regulations — that many would-be entrepreneurs would be locked out without government assistance.

Without question, Los Angeles ought to use a portion of future marijuana tax revenue to help communities that have been disproportionately targeted for marijuana enforcement. Tax money could fund drug education and treatment, legal clinics to help people expunge their marijuana conviction records, and reentry programs for individuals leaving prison.

The city could also help encourage entrepreneurs from communities that have had disproportionate numbers of marijuana arrests to enter the business by offering training, compliance assistance and priority licensing. Priority licensing is important because, due to zoning restrictions, only a limited number of applicants will ultimately be granted the right to host a marijuana business.  The first batch of licenses will be offered to medical marijuana shops that have operated since 2013 in L.A. with limited immunity under Proposition D.  Under the city’s proposed rules, the second batch of licenses would be divided equally between general applicants and social equity applicants — giving the latter a better shot at snapping up those opportunities. The third batch of licenses would be open to all applicants.

But here’s where the social equity program raises concern: The current proposal gives special advantages, waives fees and offers the most assistance to low-income people who themselves have marijuana-related convictions.  It’s one thing to target assistance broadly to communities that have felt the impacts of unequal enforcement. It’s another thing to reward people who broke the law and got caught by giving them priority over people who did not break the law.  That doesn’t seem fair.  Nor does it seem like a great idea to incentivize people with convictions for selling or possessing marijuana to return to the drug trade — why not help them enter other businesses instead?

To be sure, people with nonviolent drug convictions shouldn’t be barred from owning marijuana businesses or from working in them.  But they shouldn’t be pushed to the front of the line either.

November 4, 2017 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, October 3, 2017

Unpacking marijuana arrest data in Massachusetts for the year the state voted for recreational reform

20170927_weedThis recent Boston Globe article canvasses some interesting data on marijuana arrests in Massachusetts under the headlined "Marijuana arrests plunge in 2016, but racial disparity remains."  Here are some of the details:

Police officers in Massachusetts, which in 1911 became the first US state to make cannabis illegal, arrested fewer people for marijuana-related offenses last year than they have in decades. But look at the people who were arrested in 2016, and there’s a clear pattern: They’re disproportionately black. That’s the upshot of new data collected by the FBI from most of Massachusetts’ municipal and statewide law enforcement agencies for an annual compendium of crime statistics.

While Massachusetts voters legalized marijuana in a statewide referendum last November, that law only took effect in mid-December. The arrest numbers, therefore, mostly reflect the earlier legal landscape in which possession of less than one ounce was decriminalized but growing and selling the drug were illegal. That means arrests for possession concerned larger amounts.

The FBI sorts arrests into two somewhat broad categories: those for possession, and those for “sale/manufacture,” which in the case of marijuana includes growing it. Also, because of the way the federal government defines race, a portion of the “white” category includes Latinos. With that in mind, here are the findings:

- 545 people were arrested in Massachusetts in 2016 for selling or growing marijuana. That’s down from 1,031 in 2013, and roughly 1,500 each year from 2006 to 2012, according to the ACLU.

- 308 people were arrested in Massachusetts in 2016 for marijuana possession, down 96.5 percent from the 8,695 marijuana-related arrests made in 2008, the year before decriminalization took effect. It’s also half of the 616 arrests in 2014. The law didn’t change between 2014 and 2016, but thousands of people in Massachusetts during that period signed up for medical marijuana cards that make it legal to possess more cannabis and, in some cases, grow it.

- 28.9 percent of those arrested for marijuana possession in 2016 were black, in a state whose population was 8.6 percent black last year.

- The arrest rate of black people for marijuana possession offenses in 2016 was 15.19 per 100,000, about four times that of white people (3.79 per 100,000).

-42.2% of those arrested for growing or selling marijuana in 2016 were black. That’s up a tick from 2014, when 41 percent of those arrested for dealing were black.

- The arrest rate of black people for marijuana sale or cultivation was 39.3 per 100,000, seven times higher than the rate at which whites were arrested for the same offenses (5.35 per 100,000). Still, that’s lower than in 2014, when according to the ACLU the figure stood at 70.73. In 2008, it was ever higher: 106.58.

On one hand, the numbers suggest that campaigners for liberalizing marijuana laws (and the corresponding decrease in enforcement) are accomplishing one of their key goals, however slowly: reducing the impact of drug arrests on minority communities. However, even as fewer and fewer black people are sent to prison for marijuana offenses, the FBI data show they are still arrested at significantly higher rates than white people.

Meanwhile, it seems likely that black and white residents of Massachusetts use marijuana at similar rates. According to some admittedly stale federal data collected between 2002 and 2009, about 16.6 percent of black Massachusetts residents reported using marijuana once a year or more, while 14.4 percent of white residents said the same. It’s a modest gap, one that hardly accounts for the disparities among arrests.

Shaleen Title, a former marijuana activist who earlier this month was appointed to the new Cannabis Control Commission, said the findings were consistent with what happened in other states when marijuana laws were liberalized. “Arrests decline dramatically, but the racial disparities in the remaining arrests don’t necessarily disappear,” she said. “As our state law specifically acknowledges and addresses, the war on drugs has been disproportionately waged against certain communities. This new data confirms that legalization alone does not solve the disparity.”

October 3, 2017 in Criminal justice developments and reforms, Race, Gender and Class Issues | Permalink | Comments (0)

Thursday, September 28, 2017

Al Sharpton makes the case for "decriminalization of marijuana [as] a civil rights cause"

2017-06-18T12-33-13-3Z--1280x720_video_512x342The controversial former Prez candidate Al Sharpton has this notable new commentary in The Guardian under the (anglicized) headline "Why the decriminalisation of marijuana is a civil rights cause." Here are excerpts:

There is no greater act of resistance than continuing to march towards the sweeping, systemic victories that have changed our nation’s trajectory for the better: voting rights, anti-employment discrimination measures, and most recently, President Obama’s success in securing health coverage for the 20 million Americans who were previously denied this universal human right.  Determined to punish the rising majority of Americans he thinks have slighted him, our president may erode these freedoms, but he will not succeed in taking them.

This is why I am proceeding undaunted towards our country’s next transformative victory – a fight I planned to pick under a Democratic administration, but one we should pursue just as vigorously in the reactionary Trump era: decriminalization of marijuana.  It is a civil rights cause that we should not postpone, but accelerate during these dark and difficult times.

For Democrats and progressives, the arguments have always been clear: generations of Americans, overwhelmingly people of color, have been imprisoned and starved of access to higher education, housing, and economic opportunities, and stripped of their inalienable right to vote thanks to non-violent acts.  Billions of dollars in funding have been diverted from healthcare, jobs, and schools and have entrenched a prison-industrial complex built on a foundation of racism.

But in truth, the conservative case for marijuana decriminalization is no less resonant. Archaic drug laws have fueled wasteful government spending, and made millions of Americans who dream, achingly, of being their family’s breadwinner dependent on the charity of others. And they have given rise of the epidemic of opiate drugs – often legally manufactured and prescribed – devastating communities that pundits have taken to calling the ‘white working class.’

The often-repeated reference to the ‘white working class’ has grown counterproductive as it focuses on a narrowly defined group instead of using more broader, inclusive categories. It also stifles the creative thinking and organizing needed to guide our efforts for the remainder of this presidency.  On the issue of medical marijuana, a more accurate term for the residents of these hard-hit towns and regions – many of whom voted for President Trump – would be natural allies to the movement to decriminalize marijuana.

In the coming weeks, I will be joining Decode Cannabis, a powerful new alliance of faith leaders, criminal justice reformers, healthcare practitioners, medical marijuana industry leaders and labor unions.  For years, these groups have labored toward shared goals, but have too often done so in their respective silos.  This initial coalition is impressive, but it is not enough to succeed.  At least not on its own.

To notch proactive policy wins in the Trump era, we must not retreat to the comfort of those of share our viewpoints.  We must enter the lion’s den – even uninvited – to confront and cultivate the prospective allies who will mutually benefit from this cause.  We must not allow the unique opportunities resulting from the intensifying rift between the White House and conventional Republicans to be squandered.

September 28, 2017 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Wednesday, September 27, 2017

Interesting perspectives on the (not-so?) inclusive marijuana movement and industry

I noticed this morning these two very different articles looking at issues of inclusiveness in the marijuana reform space in two very  different ways:

From Slate here, "By Excluding LGBTQ People, the Growing Cannabis Industry Is Betraying Its Roots"

An excerpt:

The burgeoning industry has one glaring problem: The gatekeepers of cannabis’ culture and commerce are overwhelming white, cis, straight, and male — not to mention downright bro-y. White-appropriated rasta colors and women clad in weed-leaf bikinis abound, and on the buttoned-up side of things, the ubiquitous influence of the tech-bro is essentially turning the cannabis industry into the next Silicon Valley — a space not exactly known for its inclusivity.

Thankfully, there is an ongoing push for diversity of color and gender, to varying degrees of success. Women now make up 36 percent of leadership roles in the cannabis industry (compared to just 5 percent in the rest of the business world) and municipalities across the country are attempting to build reparations into their practices and policies for the communities of color that have been disproportionately negatively affected by the criminalization of cannabis. This includes the city of Oakland’s Equity Permit Program, which reserves a portion of permits for people of color and those convicted of marijuana-related crime; Washington, D.C.’s, local effort to give local minority-owned companies a preference when applying for licenses to operate medical marijuana businesses; and the Minority Cannabis Business Association’s plan to create template legislation that addresses issues of inclusion to distribute to states and local municipalities.

But there’s another marginalized group that has largely been left out of the diversity conversation, and stigmatized in the cannabis industry: the LGBTQ community. Brewing within the bro culture of mainstream weed is a big dose of homophobia, and no one knows this better than Jay Jackson, aka Laganja Estranja, the choreographer, drag queen, and cannabis activist best known for competing in the sixth season of RuPaul's Drag Race. As suggested by the name, Laganja Estranja is a pro-weed queen who often dons marijuana-leaf prints and pendants and speaks about the need for gay visibility within the cannabis community

From Leafy here, "Can an Inclusive Cannabis Industry Include Roger Stone?"

An excerpt:

Whatever Roger Stone’s personal beliefs, he’s very clearly made a career out of delivering the “hateful little shit” vote to guys like Richard Nixon and Ronald Reagan — who both loved nothing more than busting hippies and minorities for weed. In fact, Stone’s done his job so well that the hateful little shits of the world now feel like they own the place.

Keep in mind, there’s long been a conservative wing of the marijuana legalization movement (Limited Government! Free Enterprise! Personal Liberty!), identified with principled voices like William F. Buckley and Milton Friedman on up to Gary Johnson and Grover Norquist.  There are currently bipartisan cannabis bills in Congress, sponsored by a bipartisan Congressional Cannabis Caucus.  So this rift at the expo isn’t about electoral politics or ideology. And it isn’t even really about Roger Stone—as much as he loves the attention....

And therein lies Roger Stone’s true political genius.  Through long practice, he’s perfected a signature blend of hyper-partisan politics, spectacle-grade entertainment and absolute gutter fighting that’s really hard to ignore.  His persona comes across like an evil wisecracking Pro Wrestling manager in a fancy suit who’s forever throwing sand in your eyes and smiling.

September 27, 2017 in Campaigns, elections and public officials concerning reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Friday, September 22, 2017

Interesting look at women of color in the marijuana industry

This new Pacific Standard piece, with the sub-headline "Women across the country are working to build economic empowerment in the fledgling legal marijuana industry for people of color," covers topics I consider quite important for those who are deeply interested in the social justice aspects of marijuana reform. Here are snippets:

The legal marijuana industry made $6.7 billion in revenue in 2016, according to a January report in Business Insider. This is up from $5.4 billion in 2015, and $4.6 billion in 2014, as reported by CNBC. And while marijuana is slowly but surely becoming a legal industry in America, the wait for federal legality hasn't stopped the creation of culture surrounding the drug. But largely neglected in the stories about the thriving marijuana industry and its corresponding culture are the women of color who are doing the difficult work of advocacy, accurate reporting, and community creation for users of a long-maligned substance....

It's the racial disparities in sentencing and the war on drugs that brought Shaleen Title, an Indian-American woman, to the cannabis industry. While an undergraduate at the University of Illinois, Title met a representative from the ACLU who taught her about the starkly different incarceration rates between white and black men for marijuana charges. After that, she got involved with Students for Sensible Drug Policy.

These days, Title is a lawyer who co-founded the THC Staffing Group, a recruitment firm for jobs within the cannabis industry. Title considers herself, first and foremost, an activist. Her arena for change is figuring out how to build economic empowerment in the fledgling legal marijuana industry for people of color. "As important as it is to work on policy, it felt more direct [for me] to help people get into the industry because it was such a rare opportunity to see an industry start from scratch," Title says....

That idea of a ground floor was also stuck in the minds of Brooklyn residents Tahirah Hairston and Ashley Brooke. The 27-year-old friends both enjoyed smoking marijuana, but never saw themselves, or anyone who looked remotely like them, represented in weed culture. They hoped to find communities for liked-minded young professional women, but didn't find anything appealing to them. "There were very few," Brooke says. "And there were absolutely none for black women."

The pair realized the Google chats they had been sending, wishing for an online community for women of color who smoke, still hadn't materialized. So this year they launched The High Ends to create, as their website says, "a community of like-minded women who like to roll-up. We want to hear our stories told with nuance and wit from our perspectives." The High Ends is explicitly for and by women of color. The launch included a series of short videos of women of color explaining why they smoked—for physical or mental health, for focus, for creativity. Bringing the stories of very disparate women together was critical. "There's Moms Who Smoke and Nuns Who Smoke, which is amazing, but I'm 27 and want a community the same way I can go and find out a skincare routine," Hairston explains.

The High Ends is geared toward women with regular jobs, who don't want to hide the fact that they smoke weed. Brooke and Hairston want to reach women who don't see themselves represented in mainstream coverage of cannabis or in popular culture. Hairston puts it best: "It's about passing the L, and also passing knowledge."

September 22, 2017 in Business laws and regulatory issues, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Thursday, August 31, 2017

"Buzz Kill for Pot Farmers: Lower Prices"

BF-AT618_POTFAR_16U_20170830162105The title of this post is the headline of this Wall Street Journal article reporting on the modern economic realities of the marijuana marketplace moving from black to gray. Here are excerpts:

From Washington to Colorado, wholesale cannabis prices have tumbled as dozens of states legalized the drug for recreational and medicinal uses, seeding a boom in marijuana production. The market is still tiny compared with the U.S. tobacco industry’s $119 billion in annual retail sales, but the nascent cannabis business has grown to more than $6 billion a year at retail, according to data from Euromonitor International Ltd. and Cowen & Co..

For marijuana smokers, the price drop is sweet news. Recreational users and those prescribed cannabis for health reasons have seen prices decline as wholesale prices have fallen, though some retailers have pocketed part of the difference, according to New Leaf Data Services LLC, which researches the U.S. cannabis market....

But for growers—ranging from high-tech warehouse operations to back-country pot farmers gone legit—the price drop has been painful. Since peaking in September 2015 at about $2,133 a pound, average U.S. wholesale cannabis prices fell to $1,614 in July, according to New Leaf. That is the sort of market decline that hit Midwestern corn and soybean growers in recent years after a string of record-breaking crops. “There is an increasing recognition, on the part of the industry and those that grow and dispense, that this market is a commodity,” said Jonathan Rubin, New Leaf’s chief executive.

In response, some producers are taking a page from the food industry, where farmers and food companies increasingly appeal to health- and environment-conscious consumers. Growth in organic food products for years has outpaced conventional grocery sales, and products made without genetically modified crops, gluten and artificial flavorings can command premium pricing and shelf space....

Because cannabis remains illegal under federal law, growers can’t get their crops certified as organic, a label that can only be bestowed by the U.S. Department of Agriculture. Cannabis farmers instead have turned to alternative labels such as SunGrown Certified, which requires that growers use sunlight and water-conservation practices. They hope such labels will entice smokers and secure shelf space in the 29 states where marijuana is legal in some form....

That push to differentiate is splitting pot farmers into rival camps. Indoor-grown cannabis, where climate controls and high-powered lights allow several crops per year, typically is of a more consistent quality, industry officials say. Its dense, often bright-green buds catch consumers’ eyes, often fetch a higher price and can be costlier to produce.

Proponents of marijuana grown outdoors and in greenhouses say indoor facilities rely on synthetic fertilizers and heavily consume electricity. They point to a 2012 paper by University of California Senior Scientist Evan Mills, which estimated that indoor cannabis production accounted for 1% of national electricity use, though some growers have been adopting LED lights, which consume less electricity.

Jeremy Moberg, owner of Riverside, Wash.-based CannaSol Farms and head of the Washington Sungrowers Industry Association, says marijuana smokers will come to care about the environmental cost of their high. “The socially conscious, premium customer is going to want us because we’re sustainable,” he said. “It only takes me 30 seconds to convert somebody wearing Patagonia and driving a Prius that they should never smoke indoor weed again.”

At Hashtag Cannabis in Seattle, Ms. Pillert said customers occasionally ask for pesticide-free or sun-grown varieties. Smokers’ main fixation, she said, is the potency rating for the key active ingredient, tetrahydrocannabinol, or THC: “They want to make sure they are getting the biggest bang for their buck.”

Many in the emergent industry expect marijuana to eventually resemble the beer business, where pricier craft brews have built followings in the shadow of cheaper mass-market beers like Budweiser and Busch. While high-quality strains and specialty brands may secure premium prices, more low-quality marijuana will be processed into oil used in vaporizer cartridges or adult-oriented baked goods like brownies and cookies, growers and retailers said.

August 31, 2017 in Business laws and regulatory issues, Race, Gender and Class Issues, Recreational Marijuana Data and Research | Permalink | Comments (0)

Thursday, August 17, 2017

"Why a Drug Policy Organization Needs to Speak Out Against White Supremacy"

The title of this post is the title of this notable and provocative little commentary authored by Megan Farrington, who is the director of digital communications for the Drug Policy Alliance.  Here is what Megan has to say: 

The drug war is a tool of racial oppression.  We see this in racial disparities in arrest and incarceration rates for drug offenses that exist even though white people and people of color use and sell drugs at about the same rates.

We see it in the way stop-and-frisk policies have been used to target communities of color.  We see it in the way allegations of drug use were raised as cover for the police killings of Philando Castile, Terence Crutcher, Keith Lamont Scott, Sandra Bland, and Trayvon Martin.

And we see it in the legal marijuana industry now taking shape, which risks excluding the communities that have been most subjected to drug war enforcement by making people with past drug law convictions ineligible for licenses.

Sometimes the racial implications of drug war policies are overt, and sometimes they are more insidious.  But the bottom line is that when we work to dismantle the drug war, we are working to end a tool of oppression.

So when white supremacists chant Nazi slogans and our president defends them, we have to speak out.  If we fight the racism inherent in the drug war but allow it to go unchecked elsewhere, our work may take down one tool only to see it replaced with another.

We saw this when the drug war replaced Jim Crow last century, and must fight to keep it from happening again. The only way to ensure that our drug policy reforms truly end the harms of drug prohibition is to support the fight against white supremacy wherever it is taking place.

August 17, 2017 in Campaigns, elections and public officials concerning reforms, Race, Gender and Class Issues | Permalink | Comments (1)

Saturday, August 12, 2017

"Legalizing Pot Is a Bad Way to Promote Racial Equality"

The title of this post is the headline of this recent Wall Street Journal commentary authored by Jason Riley in response to Senator Cory Booker's new federal marijuana reform bill. Here are excerpts:

Cory Booker, New Jersey’s ambitious junior senator, has gone to pot. Last week the Democrat introduced a bill that would legalize marijuana at the federal level while withholding funds from states that don’t legalize it and that disproportionately incarcerate “low-income individuals and people of color for marijuana-related offenses.”

The legislation may help Mr. Booker burnish his image with progressives if he runs for president in 2020, but it almost certainly is going nowhere. Republicans control Congress, and Attorney General Jeff Sessions is a drug warrior, which is one reason President Trump put him in charge of the Justice Department.  Nevertheless, Mr. Booker’s arguments for drug legalization are worth considering because they represent a large and growing consensus. Support for marijuana legalization has nearly doubled to 60% since 2000, according to a 2016 Gallup survey. Even 42% of Republicans support legalization.

In his Facebook posts promoting the bill, Mr. Booker cites some of the more common rationales put forward by proponents of pot legalization, including racial disparities in drug arrests and prisons teeming with “nonviolent” offenders that drain state budgets. “In the United States today, black people are almost four times more likely than their white counterparts to be arrested for marijuana use or possession,” writes the senator. “This is the right thing to do for public safety, and will help reduce our overflowing prison population.”

Mr. Booker believes drug legalization would address these racial disparities, but don’t bet on it. Violent offenses, not drug offenses, drive incarceration rates, and blacks commit violent crimes at seven to 10 times the rate whites do. Data from 2015, the most recent available, show that about 53% of people in state prisons (which house nearly 90% of the nation’s inmates) were imprisoned for violent crimes, 19% for property crimes and just 16% for drug crimes. Given that blacks are also overrepresented among those arrested for property and other nonviolent offenses, merely altering U.S. drug laws would effect little change in the racial makeup of people behind bars.

Much is made of studies that show blacks and whites use drugs at similar rates.  But a large majority of drug arrests are for trafficking, not possession, so we shouldn’t expect usage rates and arrest rates to be identical.  Anyway, marijuana offenders of any race occupy relatively few jail and prison cells, and the ones who do tend to be dealers. “As a percentage of our nation’s incarcerated population, those possessing small amounts of marijuana barely register,” writes James Forman, a former District of Columbia public defender, in his new book, “Locking Up Our Own.”  He continues: “For every ten thousand people behind bars in America, only six are there because of marijuana possession.”...

But if the goal is more racial parity in our penal system, drug legalization seems like an odd place to start.  Citizens of Washington state and Colorado voted to make recreational pot legal in 2012.  A 2016 study from the Center on Criminal and Juvenile Justice found that while pot arrests overall were down in Washington, large racial discrepancies remained.  In fact, blacks were still twice as likely as whites to be arrested for marijuana-related offenses.  And Jeff Hunt of Colorado Christian University reports that the illegal market for weed in the Rocky Mountain State is still thriving and seems to have exacerbated racial inequities.  “According to the Colorado Department of Public Safety, arrests in Colorado of black and Latino youth for [underage] marijuana possession have increased 58% and 29% respectively after legalization,” Mr. Hunt wrote in USA Today recently.  “This means that Black and Latino youth are being arrested more for marijuana possession after it became legal.”

Astute observers of US criminal justice systems might well predict that we could see worsening racial disparities if and when there are fewer arrests and prosecutions for marijuana activity. Data on incarceration in US states generally show that the states with smaller prison populations actually have greater disparities within these smaller numbers. And it does create an interesting and important normative question for those especially concerned with racial equality whether they should celebrate a big decrease in marijuana arrests and prosecutions if only certain favored groups get a disproportionate benefit from such a change.

August 12, 2017 in Criminal justice developments and reforms, Race, Gender and Class Issues | Permalink | Comments (0)

Thursday, July 13, 2017

New report highlights persistent racial skew in marijuana arrests in New York City

Earlier this week, as reported in this press release, a new report focused on New York City was released "by the Marijuana Arrest Research Project, commissioned by the Drug Policy Alliance, [which] shows that marijuana possession arrests under Mayor de Blasio continue to be marked by extremely high racial disparities, as was the case under the Bloomberg and Giuliani administrations." Here is more about the report from the press release:

The report, Unjust and Unconstitutional: 60,000 Jim Crow Marijuana Arrests in Mayor de Blasio’s New York, shows that despite a change in mayoral administrations and police commissioners, the NYPD continues to make large numbers of unjust and racially-targeted marijuana arrests.  The report is based on data from the New York State Division of Criminal Justice Services.

Despite Mayor de Blasio’s campaign promise to end racially-biased policing, in 2016 marijuana possession was New York City’s fourth most commonly charged criminal offense.  Black and Latino New Yorkers continue to comprise 85 percent of the more than 60,000 people arrested for low-level marijuana possession on Mayor de Blasio’s watch.  Most people arrested are young Blacks and Latinos – even though studies consistently show young whites use marijuana at higher rates....

Key findings include the following:

  • In the first three years of the de Blasio administration, the NYPD made over 60,000 criminal arrests for the lowest-level marijuana possession offense, an average of 20,000 marijuana arrests a year.

  • The NYPD’s marijuana arrests under de Blasio suffer from the same overwhelming racial disparities as under Bloomberg – about 86% of the arrests for marijuana possession are of Blacks and Latinos.

  • As in previous years, in 2016 and in the first four months of 2017, 81% of the people arrested for marijuana were age 16 to 34, 58% were 16 to 25 and 27% were age 16 to 20.

  • Residents of New York City’s public housing developments constitute the single largest group of people arrested.  In 2016, NYPD housing police made 21% of the city’s total of 18,121 arrests for marijuana possession and 92% of those arrested were Blacks and Latinos.

  • Of New York City’s 76 neighborhood police precincts, 37 neighborhoods have a majority of Black and Latino residents.  They have about half the city’s population but provide 66% of the marijuana possession arrests and 92% of the people arrested are Blacks and Latinos.

  • Police in New York also target neighborhoods in midtown and lower Manhattan with active nightlife. Although pedestrians in those areas are predominately white, police arrest Blacks and Latinos at very high rates.

  • In 2016, in Greenwich Village, 69% of the people arrested for marijuana possession were Blacks and Latinos.  In Chelsea, 77% were Blacks and Latinos.  In Soho-Tribeca-Wall St. 73% were Blacks and Latinos. In tourist-heavy Little Italy and Chinatown, 66% of the people arrested for marijuana possession were Blacks and Latinos.

  • In 2016, police enforcement targeted people of color, especially Blacks, everywhere in New York City.  In Manhattan, Blacks are 13% of the residents but 45% of the people arrested for marijuana possession.  In Queens, Blacks are 18% of the residents but 49% of the people arrested for marijuana.  And in Staten Island, Blacks are 10% of the residents but 49% of the people arrested for marijuana possession.

  • The rates of NYPD arrests for marijuana possession per 100,000 of the population are extremely skewed. In Queens, police arrest Blacks at seven times the rate of whites.  In Manhattan they arrest Blacks at 10 times the rate of whites.  And in Staten Island the NYPD arrests Blacks at 15 times the rate of whites.

July 13, 2017 in Criminal justice developments and reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Saturday, June 24, 2017

Another accounting of the big drop in traffic stops after marijuana legalization in Colorado and Washington

Wa_b9a991a80a9f2dbe4e216f8a9e0cdfc4.nbcnews-ux-600-480In this recent post I noted The Marshall Project article discussing data showing many fewer traffic stops after marijuana legalization in Colorado and Washington.   This new NBC News article, headlined "Police Searches Drop Dramatically in States that Legalized Marijuana," covers similar ground. Here are excerpts of this reporting of fascinating data:

Traffic searches by highway patrols in Colorado and Washington dropped by nearly half after the two states legalized marijuana in 2012.  That also reduced the racial disparities in the stops, according to a new analysis of police data, but not by much.  Blacks and Hispanics are still searched at higher rates than whites.  Highway stops have long been a tool in the war on drugs, and remain a charged issue amid a furious national debate about police treatment of minorities....

The overuse of traffic stops can damage the public trust in police, particularly when searches disproportionately involve black and Hispanic drivers.  “Searches where you don’t find something are really negative towards a community," said Jack McDevitt, director of Northeastern University’s Institute on Race and Justice in Boston.  "Have a police officer search your car is really like, 'Why are they doing this to me?' And you get more pissed off. If you’re trying to do relationship building, it’s not a good thing to do a lot of searches.”

The analysis comes from data crunched by the Stanford Open Policing Project....  The data compiled by the Stanford group is limited in that it is not uniform across states. Each of the country's law enforcement agencies track traffic stops differently, and some don't release the data publicly.  In the end, the group compiled data from 20 states that was deep enough to allow a rigorous analysis.  Colorado and Washington were compared against 12 of these states to arrive at the conclusion that marijuana legalization likely had an effect on search rates.

In both states, marijuana legalization eliminated one of the major justifications used by police officers to stop motorists, cutting searches by more than 40 percent after legalization. In Colorado, the change occurred gradually, with searches dropping initially by 30 percent, and then flatting out to a more than 50-percent drop within a year.  In Washington, there was a drop of more than 50 percent in searches within three months of legalization.  The search rate remained low thereafter.  The 12 states in the Stanford study that did not pass marijuana decriminalization legislation during the period did not experience significant drops.

The biggest finding ─ and one that mirrors the results of investigations in individual states and jurisdictions ─ is that minorities are still stopped and searched at higher rates than white drivers.  The threshold before a search is performed is also lower for minority drivers than it is for whites, according to the researchers at Stanford behind the Open Policing Project.  Those differences remained in Colorado and Washington even after searchers dropped following pot legalization.

Jack Glaser, a professor of public policy at the University of California, Berkeley, said that although the disparities persisted, the overall drop in searches means that fewer minorities would be unfairly targeted. "As long as police officers (like the rest of us) hold implicit or explicit stereotypes associating minorities with crime, they will perceive minorities as more suspicious," Glaser wrote in an email.

Prior related post:

"How to Cut Down on Traffic Stops: Legalize Pot"

June 24, 2017 in Criminal justice developments and reforms, Race, Gender and Class Issues, Recreational Marijuana Data and Research | Permalink | Comments (0)

Friday, June 16, 2017

New report from ACLU of NJ: "Unequal & Unfair: New Jersey’s War on Marijuana Users"

Mariajuna_arrestsAs noted in this recent post, a coming election for Governor in New Jersey suggests the possibility of coming major marijuana reform in the Garden State.  With that possibility clearly in mind, the ACLU of New Jersey has released this new report on marijuana enforcement in the state titled "Unequal & Unfair: New Jersey’s War on Marijuana Users."  This press release and this webpage provides highlights from the 70-page report, and here is an excerpt from the executive summary: 

New Jersey’s arrest practices for marijuana possession illustrate the failure of marijuana enforcement. They have a devastating impact of aggressive, costly, racially disparate punishment for use of a drug that for adults is less dangerous than alcohol. For the first time ever, the analysis in this report takes a deep dive into New Jersey’s marijuana possession arrest practices. What it finds is deeply troubling: New Jersey is making more arrests for marijuana possession than ever in a manner that is more racially disparate than ever.

Indeed, our marijuana arrest problem is getting worse, not better.

Key findings of the report include:

New Jersey is making more arrests for marijuana possession than ever before.  In 2013, New Jersey law enforcement made 24,067 marijuana possession arrests, 26 percent more than in 2000, when police made 19,607 arrests.  Between 2000 and 2013, New Jersey police made nearly 280,000 total marijuana possession arrests.

Police make a marijuana possession arrest in New Jersey on average every 22 minutes.  This plays out with varying frequency around the state. Cape May was the county with the highest per capita arrest rate in 2013, and the 28th Legislative District, represented by Senator Ron Rice and Assembly members Ralph Caputo and Cleopatra Tucker, was the district with the highest per capita arrest rate that year. Seaside Park in Ocean County had the highest per capita arrest rate of any community in the state.

Racial disparities in New Jersey marijuana arrests are at an all-time high.  The racial disparity in marijuana possession arrests reached an all-time high in 2013. That year, Black New Jerseyans were three times more likely to be arrested for marijuana possession than whites, despite similar usage rates. In 2000, Blacks were 2.2 times more likely to be arrested than Whites, an increase of 34 percent. In 2013, Blacks were 11.3 times more likely to be arrested than whites in the 21st Legislative District. And in Point Pleasant Beach, Blacks were 31.8 times more likely to be arrested for marijuana possession than whites in 2013 — the highest racial disparity of any municipality included in the study.

New Jersey wastes more than $143 million per year to enforce our marijuana possession laws.  Adding up the cost of police, courts, and corrections, New Jersey expends tremendous resources to implement and enforce marijuana prohibition. Indeed, throughout the past decade, New Jersey has spent more than $1 billion to enforce these laws. These are resources that could be invested in treatment, education, prevention, or other community needs.

Nine out of ten marijuana arrests are of users, not dealers.  In 2013, marijuana possession arrests made up 88 percent of total marijuana arrests statewide. In other words, nearly nine out of 10 arrests made for marijuana were not of dealers or kingpins, but rather New Jerseyans who possessed the lowest amount counted by New Jersey law. In Monmouth County, this number reached 95 percent. It was 97 percent in the 8th Legislative District. In 14 New Jersey communities included in the study, 100 percent of arrests were for low-level possession in 2013.

These findings are particularly troubling when one understands the potential collateral: jail, loss of one’s job, a criminal record for at least three years, driver’s license suspension, up to $1,255 in fines and fees, and potential consequences for one’s immigration status, financial aid eligibility, access to public housing, and the ability to adopt children.

June 16, 2017 in Criminal justice developments and reforms, Race, Gender and Class Issues | Permalink | Comments (0)

Friday, June 2, 2017

"Battling the racial roadblocks to joining the legalized marijuana trade"

Download (2)The title of this post is the headline of this lengty new Washington Post article which highlights racialized realities in the marijuana industry.  Here are excerpts:

States generally do not track the race and ethnicity of license applicants, but industry analysts and researchers say that dispensaries and the more-profitable growing operations across the country are overwhelmingly dominated by white men.

The lack of minority representation is especially fraught given that research shows African Americans were disproportionately arrested and incarcerated during the war on drugs. Now that marijuana is seen as a legitimate business, advocates argue that minorities should also reap the profits....

The marijuana trade, legal in some form in 29 states plus the District of Columbia, is one of the country’s fastest-growing industries. The $6.6 billion in medical and recreational marijuana sales in 2016 is expected to expand to $16 billion by 2020, according to New Frontier Data, a cannabis data analytics company headquartered in the District.

But African Americans seeking to go into business as growers or retailers face a host of hurdles, researchers say. Many states bar convicted drug felons from the industry, disproportionately hurting minorities because of historically higher conviction rates. Others have set high investment requirements. Some dole out licenses through appointed commissions that industry researchers say reward the politically connected, who by and large are wealthy and white.

“Marijuana legalization without racial justice risks being an extension of white privilege,” said Bill Piper, a lobbyist for Drug Policy Alliance, which advocates for drug policy reforms.

The disparities have become such a source of consternation for some lawmakers and industry leaders that more than half a dozen states and municipalities, including Oakland and the District, are taking steps to boost minorities in the competitive licensing process....

Colorado, one of the earliest states to legalize marijuana, has nearly 1,000 dispensary licenses and nearly 1,500 cultivation licenses. African Americans make up less than a handful of license holders, according to cannabis entrepreneurs in the state. Wanda James, a former Navy lieutenant who says she’s one of the few black growers and dispensary owners in Colorado, blames regulations barring those convicted of drug crimes from owning, and working in, a dispensary or cultivation center.

“In Colorado, if you sell 10 pounds of cannabis today, you probably get written up in Forbes about what a great businessperson you are, but if a young black man sells a dime bag on a street corner in Alabama, he’s probably going to jail for 10 years,” she said. A black person is nearly four times more likely than a white person to be arrested for marijuana possession, even though the two groups use marijuana at similar rates, according to a 2013 American Civil Liberties Union report that examined arrests in every state using a decade’s worth of FBI crime data....

Jesce Horton, an Oregon marijuana entrepreneur who started the Minority Cannabis Business Association in 2015 to diversify the industry, said that as a college student in Florida, he was arrested three times for marijuana possession. His criminal record would have barred him from entering the business in other states. “It’s really a slap in the face to communities who have been targeted,” Horton said. “A lot of people see these as racist regulations. These are fear-based tactics by legislators who are more than willing to go along with the business interests sitting in the room.”

Some states also require applicants to have financial holdings upward of $1 million, a particularly high bar given the documented wealth disparities between blacks and whites. Those without ready access to capital cannot turn to banks, which are unwilling to provide business loans for an industry that is still illegal at the federal level....

Even with potential shifts in federal drug-enforcement policies, several jurisdictions have moved to address racial disparities in the industry. Oakland recently voted to set aside half of all marijuana business permits for people who had been arrested for drug crimes in the city or lived in neighborhoods with high marijuana arrests.

Illinois, like Pennsylvania, awards extra points to minority applicants. Ohio requires 15 percent of licenses to be issued to minorities. Florida has reserved one of its future marijuana-cultivation licenses for a member of the state’s Black Farmers and Agriculturalists Association. Maryland marijuana regulators, meanwhile, are fending off a lawsuit that threatens to halt its program after no black-owned businesses won cultivation licenses.

Some prior related posts:

June 2, 2017 in Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Notable commentary and stories about mothers and marijuana

Especially because I have long loved and respected all the mothers in my life, I am always drawn to motherly perspectives on marijuana and also to considering the various potential connections between mothering and marijuana.  Accordingly, these recent commentaries and stories on these kinds of topics caught my attention:

From ABC News here, "Doctors worried about increased marijuana use in pregnant women"

From Babble here, "Inside the Private World of Mothers Who Smoke Weed"

From Creators here, "A Conservative Mom Breaks the Pot Taboo"

From Metro (UK) here, "Weed-smoking Mums are sick of being judged by wine-drinking Mums"

June 2, 2017 in Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, May 31, 2017

Highlighting notable state efforts to enhance minority participation in marijuana industry

This new AP article, headlined "Growing pot industry offers breaks to entice minorities," reviews some efforts in some jurisdictions to help some minorities participating in the emerging marijuana industry. Here are excerpts:

Oakland and other cities and states with legal pot are trying to make up for the toll marijuana enforcement took on minorities by giving them a better shot at joining the growing marijuana industry.... The efforts' supporters say legalization is enriching white people but not brown and black people who have been arrested for cannabis crimes at far greater rates than whites....

Massachusetts' ballot initiative was the first to insert specific language encouraging participation in the industry by those "disproportionately harmed by marijuana prohibition and enforcement." The law does not specify how that would be accomplished.

In Ohio, a 2016 medical pot law included setting aside 15 percent of marijuana-related licenses for minority businesses. In Pennsylvania, applicants for cultivation and dispensing permits must spell out how they will achieve racial equity. Florida lawmakers agreed last year to reserve one of three future cultivation licenses for a member of the Florida Black Farmers and Agriculturists Association.

There have been setbacks as well. The Maryland General Assembly adjourned last month without acting on a bill to guarantee a place for minority-owned businesses that were not awarded any of the state's initial 15 medical marijuana cultivation licenses.

There's no solid data on how many minorities own U.S. cannabis businesses or how many seek a foothold in the industry. But diversity advocates say the industry is overwhelmingly white. The lack of diversity, they say, can be traced to multiple factors: rules that disqualify people with prior convictions from operating legal cannabis businesses; lack of access to banking services and capital to finance startup costs; and state licensing systems that tend to favor established or politically connected applicants. "It's a problem that has been recognized but has proven to be relatively intractable," said Sam Kamin, a professor at the University of Denver Sturm College of Law who studies marijuana regulation....

The Minority Cannabis Business Association has drafted model legislation for states considering new or revised marijuana laws, including language to expunge pot-related convictions and to encourage racial and gender diversity among cannabis businesses. "The people who got locked up should not get locked out of this industry," said Tito Jackson, a Boston city councilman and mayoral candidate. He suggests Massachusetts give licensing preference to groups that include at least one person with a marijuana conviction....

An Oakland-based nonprofit known as The Hood Incubator provides training and mentoring to minority cannabis entrepreneurs. "Maybe they lack the money to get into the industry or they might have, you know, gotten arrested in the past for oh, what do you know? Selling weed. And now they can't actually get into the legal industry," said Ebele Ifedigbo, one of the group's three co-founders.

This related AP article provides a details state-by-state run down of efforts to aid minority participation in the marijuana industry.

May 31, 2017 in Business laws and regulatory issues, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Saturday, May 27, 2017

"Older Women and Medical Marijuana: A New Growth Industry"

The title of this post is the headline of this notable lengthy New York Times article.  Here are excerpts:

Jeanine Moss never expected to get into the cannabis industry. But that was before her hip-replacement surgery.

Ms. Moss, 62, of Marina Del Ray, Calif., had quit her job as a marketing consultant before she had her hip done in 2014. As she left the hospital, her doctors handed her a “shopping bag filled with opiates,” she said. The drugs made her disoriented and woozy.

So she switched to medical marijuana, which is legal in California and was familiar to her, having grown up in the nearby Venice section of Los Angeles. Within a week, she had tossed away her pharmaceuticals.

As it turned out, Ms. Moss was in good company: Many of her friends were also using cannabis to manage their ailments. Slightly embarrassed about carrying around a drug associated with naughty high school students, the older women would lament that they had nowhere to stash their drugs. “Everyone was pulling baggies out of their Gucci and Louis Vuitton purses, and I thought, ‘Why are we sneaking around like guilty teenagers?’” Ms. Moss said.

In 2015, she started a business called AnnaBis, a line of aroma-controlled handbags, clutches, vape cases and other pot-related accessories. Soon after, she began publishing cannabis-friendly travel guides exclusively for women — becoming one of a small but growing number of older women who are marijuana entrepreneurs.

“What other industry is growing so fast there’s the opportunity and low cost of entry?” Ms. Moss said. “Entrenched opportunities already have their systems set up. This hasn’t been created yet.”

Her story is typical of the women in their 50s, 60s and 70s who have started up businesses in the world of pot. Inspired partly by their own use of the drug for pain relief, or by caring for others who use it for their own aches, these women see viable business opportunities and view their work as therapeutic for their customers. “It’s definitely a trend,” said Troy Dayton, the chief executive and a co-founder of the Arcview Group, an investment and market research firm that focuses on the cannabis industry....

There seems to be a market for such services: A study of 47,140 participants released in December, based on responses to the National Survey on Drug Use and Health, found that cannabis use among adults ages 50 to 64 had increased nearly 60 percent from 2006 to 2013, while use by people 65 and older had risen 250 percent.

Ms. Taylor, a former Catholic school principal, used to think marijuana was a “hard-core drug like crack or cocaine,” she said. “If someone would have told me 12 years ago that I’d be an advocate for cannabis, I’d say, ‘You’ve been smoking too much.’” But now? “I get so much gratification from this work, and it’s so rewarding to see people get healed,” she said. “My life is better than ever. I’m healthy, and I’m starting a new business at 69.”

May 27, 2017 in Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, April 19, 2017

"Why Women Founders Are Ruling Legal Marijuana"

The title of this post is the headline of this notable new article from the May 2017 issue of Inc Magazine.  Here is an excerpt:

There's some evidence that women are finding it easier to break into cannabis than other sectors of corporate America. One 2015 survey of 630 marijuana professionals found that women held leadership roles in 36 percent of those businesses, compared with 22 percent of U.S. companies generally, according to the trade publication Marijuana Business Daily, an Inc. 500 company that was co-founded by two women -- Cassandra Farrington and Anne Holland. "I hit that glass ceiling at 100 miles an hour," Farrington, a former Citigroup employee, says. "There's no question this is a huge area for entrepreneurship, and there are so many women fed up with the corporate arena" who find marijuana more appealing.

Like Farrington, many of the women already running marijuana-focused businesses have extensive -- and seemingly boring -- résumés at banks, hedge funds, law firms, consultancies, insurance giants, and other traditional, highly regulated corporations. They not only know how to cut through the red tape -- they welcome it. "I just got up one morning and read all the Colorado rules," shrugs Peggy Moore, who spent 33 years working for United Health Group before becoming the CEO of Denver-based pot bakery Love's Oven. "After dealing with all of the insurance industry's regulations, it wasn't that complicated."

Another lengthier article in the same issue is titled "How the Queen of Legal Weed Is Targeting the Chardonnay Crowd."  Here is how it starts:

Nancy Whiteman still mourns those candied, spice-dusted almonds.  "They were so good. They were so stinking good," she sighs longingly.  And so stinking hard to make -- legally. Because Whiteman, the unlikely co-founder and co-owner of the most successful specialized candy business in Colorado, didn't stop with the curry powder and sugar and salt.  She also dredged those almonds through syrup infused with THC, the active ingredient in marijuana.

After all, that's what her seven-year-old company, Wana Brands, makes: treats that can get you really, really high.  The Boulder-based business, which Whiteman runs with her ex-husband, ended last year as the best-selling purveyor of marijuana-infused edibles in its home state of Colorado, according to industry data firm BDS Analytics.

Whiteman may have begun her legal-pot career rummaging through weed-extraction videos on YouTube and testing recipes in a kitchen that was "one step up from an Easy-Bake oven," but Walter White she is not.  Nor is she even Mary-Louise Parker's Nancy Botwin, the housewife-dealer of Weeds.  A 58-year-old mother of two, Whiteman presents as more sales rep than drug lord: russet hair in a sensible bob, a sly sense of humor tucked beneath a Northeastern reserve, and the professionally tidy business casual of someone who started her career in suits.  "Whatever your stereotype might be of somebody in the marijuana business, I'm probably not it," Whiteman, a former insurance marketing executive, wryly acknowledges. "I think a lot of times people are just surprised."

April 19, 2017 in Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Friday, March 24, 2017

Looking at marijuana reform in black and white

Though a number of folks in a number of ways have brought a critical race perspective to discussion of marijuana law, policy and reform, I still think this topic always merits even more extensive and thoughtful attention.  Thus, I am very pleased that a student in my Marijuana Law, Policy & Reform seminar is planned a presentation on racial issues surrounding marijuana reform.  And here are materials this student sent my way in preparation for the class presentation and discussion next week:

ACLU Report, "The War on Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests"

Seattle Times article, "Minorities, punished most by war on drugs, underrepresented in legal pot"

Huffington Post commentary, "A Big Shift Is Necessary to Successfully Market Cannabis to Minorities"

 

March 24, 2017 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)

Tuesday, January 31, 2017

"Cannabis use disorder and suicide attempts in Iraq/Afghanistan-Era veterans"

The title of this post is the title of this notable new research appearing in the Journal of Psychiatric Research. Here is the abstract:

The objective of the present research was to examine the association between lifetime cannabis use disorder (CUD), current suicidal ideation, and lifetime history of suicide attempts in a large and diverse sample of Iraq/Afghanistan-era veterans (N = 3233) using a battery of well-validated instruments. As expected, CUD was associated with both current suicidal ideation (OR = 1.683, p = 0.008) and lifetime suicide attempts (OR = 2.306, p < 0.0001), even after accounting for the effects of sex, posttraumatic stress disorder, depression, alcohol use disorder, non-cannabis drug use disorder, history of childhood sexual abuse, and combat exposure. Thus, the findings from the present study suggest that CUD may be a unique predictor of suicide attempts among Iraq/Afghanistan-era veterans; however, a significant limitation of the present study was its cross-sectional design. Prospective research aimed at understanding the complex relationship between CUD, mental health problems, and suicidal behavior among veterans is clearly needed at the present time.

January 31, 2017 in Medical community perspectives, Race, Gender and Class Issues, Recreational Marijuana Data and Research | Permalink | Comments (0)

Wednesday, January 25, 2017

A (sexist?) look into challenges facing "pot moms" ... aka women working in the medical marijuana industry

CBS News has this notable (and sexist?) new segment about some women working in the medical marijuana industry.  The piece is given the headlined "'Pot moms' share passions and anxieties about their profession," and here are excerpt from the coverage:

Marijuana is now legal in some form in more than half of all states, and more women are legally getting into the pot industry -- many of them are moms.  At a medical marijuana cultivation center in Washington, CBS News correspondent Chip Reid spoke to a group of so-called “pot moms” who fight the stigma of their job.

“PTSD, depression, insomnia, eczema – is there anything that marijuana does not help with?” Reid asked one mom. “I don’t know yet,” Chanda Macias said, laughing. Macias calls herself a pharmacist. But the medical marijuana she is licensed to distribute, while legal in D.C., is illegal under federal law.

“When you see our patients come in every day and they say that, ‘I can have a quality of life,’ to me, that’s my purpose,” Macias said.  The former cell biologist has a PhD and an MBA. But first and foremost, she’s a mother to four children.

“So your seven-year-old, MJ, has he ever seen this room?” Reid asked. “Oh no, he hasn’t seen this room,” she said....  “It’s okay for people to judge me based upon what I’ve chosen to do, but it’s very hurtful for them to judge my son where he’s innocent in this,” Macias said.  That’s why she needs help.

“What do you call this group by the way, do you just say the group?” Reid asked a group of women in the industry, including Macias.  “Support group,” Macias said.  “Canna-moms,” Shawnta Hopkins-Greene said.  “My buds!” Leah Heise said.

All of these buds participate in this budding industry, and all of them are moms.  “I didn’t have any problem with the sex talk,” said Jennifer Culpepper, a mom of two. “And I think it was ‘cause I had a book to go with.”

The inside jokes these mothers tell here deal with the stigma surrounding their jobs. “I don’t want my kids to have their friends’ parents say, ‘Oh, you’re not allowed to go to their house,’” Culpepper said.

“When I first decided to come into the industry, I had a lot of concerns because I was a licensed attorney. So I had to decide and I chose that I was going to go outside the box, and I was going to risk my license to do this,” said Heise, a mother of two teenage girls.

Only Macias actually dispenses the drug.  The others are involved in other aspects of the industry.  Leah Heise is an attorney and president of a company that recently earned a license to dispense medical marijuana in Maryland.  “Some of the biggest anxieties that we all share, regardless of whether we touch the plant or not, is this concept that our businesses are at risk,” Heise said. “So our incomes are at risk. And that is an issue that comes up with my kids a lot.”

Hopkins-Greene guides medical marijuana patients through the regulatory red tape.  She has a 10-year-old. “For me, the challenge is just every time I answer a question, it leads to more questions with my son. But I have that relationship with him where I will answer it. I try to answer it in an age-appropriate way,” Hopkins-Greene said. “But he can ask me anything and he does.”

Culpepper’s company does brand strategy and graphic design for the marijuana industry. “I do feel like I have a timeline because my nine-year-old has one more year in elementary school and I think that she cannot enter middle school without having this conversation,” Culpepper said.

“As moms, are you all a little nervous about going this public about what you do?” Reid asked. “No, I’m not. I’m wide out there,” Heise said. The other women also shook their heads.

“So all of you with young children are going to let your children watch this story on TV?” Reid asked. “I might screen it first,” Culpepper said, laughing.

When I first saw the headline of this segment, I assumed (wrongly) that the piece was about mothers who work on being able to give forms of cannabis to their kids for medical reasons. But upon realizing the CBS News piece is only about women working in the marijuana industry who have children, the segment struck me as a bit sexist because presumably men with children working in this industry face similar types of issues.

I am fully aware of and interested in hearing more about how the stigma surrounding marijuana impacts the industry and the families of those working in the industry. But I wonder if we undermine commitments to gender equality here and elsewhere when we suggest that there is a unique set of problems for "moms" in the industry rather than just "parents."

That said, I am fully aware of the fact that women and mothers are judged by society in ways that are often quite distinct from how men and fathers are judged. Thus, I want to be clear that I can see the value and virtues of taking a gendered look at the issue of "pot parents." Nevertheless, I would be very eager to hear from readers (especially those in the industry) about whether they this this CBS News segment does more good than harm or more harm than good.

January 25, 2017 in Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (3)

Wednesday, December 21, 2016

"The Growing Movement for Marijuana Amnesty"

The title of this post is the headline of this notable new Atlantic piece, which carries the subheadline "As legalization spreads, so do calls to ease sentences for those convicted of possessing pot." Here are excerpts:

Colorado, which legalized marijuana for recreational usage in the 2012 elections, doesn’t allow anyone with a felony marijuana conviction in the last decade to apply for a retail marijuana business license — this in a state where African-Americans are more than three times more likely and Latinos 1.5 times more likely to be arrested on marijuana charges than whites.  So even though arrests are down 81 percent since 2012, there’s a whole host of black and brown people in the state who will be excluded from participation in the legalized industry for almost another decade.

Activists have, however, learned some lessons from the Colorado experience. “The devastation of communities of color by the war on drugs was always a top priority for people working on this issue,” said Shaleen Title, a marijuana activist on the board of Marijuana Majority and the founder of THC Staffing Group. “But what we started seeing in 2012, and particularly as there started to be a big business incentive for legalization, was less focus on the social justice issues.”  This is, in part, because some newer proponents of legalization either didn’t focus on it or worried that introducing the issue of racial justice would impede the effort to legalize.  “It’s very well documented that it’s black and brown people who have borne the brunt of prohibition,” she added, noting that only one of Colorado’s 500 marijuana dispensaries is owned by an African-American woman. “When we pass these laws, we have to address that. We can’t just start from scratch and expect for that to be fair.”

Title was part of a coalition of activists in Massachusetts that made sure that the state’s ballot initiative in 2016 allowed people with marijuana-only convictions to be licensed marijuana business holders. It also forced the issue of broader amnesty for marijuana convictions.  “The war on drugs has been a racially discriminatory disaster and legalization should be an opportunity to try to correct that and make amends for past wrongs,” explained Tom Angell, the chairman of Marijuana Majority, which is devoted to reforming the country’s marijuana laws.  “But there’s still a lingering, outdated, and cruel attitude that people who broke the law should be punished as much as possible, even if it prevents them from fully participating in society.”...

California’s 2016 ballot initiative to legalize the production, distribution, and use of marijuana for recreational purposes set up a system providing for the reclassification and/or expungement of marijuana-related offenses. For those still serving sentences, there will also be opportunities for resentencing. It’s likely to have an impact on a significant number of Californians: The ACLU says that nearly 20,000 people were arrested for marijuana possession even after the state decriminalized possession in 2011.

In Oregon, which legalized recreational marijuana by ballot initiative in 2014, the law did not have an explicit expungement provision — but it did allow people with marijuana-related crimes to qualify for licensure to own a legal marijuana business.  Then, in 2015, the legislature passed a law allowing anyone with a marijuana conviction to apply for expungement if the act for which they were convicted — like possession, growing marijuana, or growing in excess of what was deemed allowable for medical use — is no longer considered a crime.

There are fees associated with expungement — as there are in most states — and the process requires legal assistance, which is why the Minority Cannabis Business Association, in partnership with the cannabis company Marley Natural, held its first-ever expungement clinic in Portland, which helped 30 clients. Jeannette Ward, the vice chair of the MCBA, noted that, because of Oregon’s law allowing people with convictions for marijuana-related offenses to participate in the legal system, the clinic wasn’t about helping potential marijuana business owners.  “We do it because the war on drugs targeted people of color,” she said, “and we want to take the profits from companies that are making money and try to rebalance the scales of the detrimental wars on drugs.”...

The impacts of a marijuana arrest, let alone a conviction, can be profound.  “Arrest is just one moment,” explained Jenny Roberts, a professor and the co-director of the Criminal Justice Clinic at the American University Washington College of Law.  “And then that moment is determinant of so many things down the line. One moment of racially disparate policing becomes a moment that follows people throughout their life.”  She noted that criminal records can — legally or not — affect arrestees’ employment prospects, their ability to find housing, and even their ability to travel outside the country—even if they aren’t convicted of any crime.  “We treat too many acts in this country as things that need to be processed through the criminal justice system,” she said. “Everyone knows that you can go around and arrest many, many people for marijuana, but we all know who actually gets arrested for it,” she added. “Policies that end up in racially disparate arrests are unfair and have much broader impacts than just the arrests.”

December 21, 2016 in Criminal justice developments and reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)