Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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)

Wednesday, December 7, 2016

"Can Oakland, a new capital of legal weed, undo the injustices of the war on drugs?"

The question in the title of this post is the headline of this lengthy and interesting recent California Sunday Magazine article. Here are excerpts:

Last year, U.S. legal marijuana was a $5.4 billion business, and that figure is expected to quadruple by 2020. According to one 2016 estimate, the industry and supporting businesses already employ between 100,000 and 150,000 people in the U.S., more than General Motors.  California’s recent vote to legalize recreational marijuana   — medical marijuana has been legal in the state since 1996  —  created the world’s largest legal market and sent the clearest signal yet that widespread legalization is inevitable. (Seven other states legalized medical or recreational marijuana as well.)

The most glaring irony of legalization is that for decades black and Latino communities have disproportionately suffered under harsh drug laws, and now, with those laws in retreat, the entrepreneurs cashing in on the booming business are overwhelmingly white.  California, like the four states that had previously legalized recreational pot, imposes restrictions on convicted felons joining the industry; some states also require business-license applicants to demonstrate cash reserves of hundreds of thousands of dollars or more.  Both criteria weigh heavily against minority entrepreneurs seeking to enter the industry....

A diverse city with a history of tolerant pot laws, Oakland was hoping to lead the way in creating an industry that compensates for the racial inequalities of the past, but it was struggling with how to translate decades of injustice into still-hypothetical profits.  Weeks earlier, Oakland’s city council had passed a remarkable, first-of-its-kind “equity amendment,” guaranteeing 50 percent of cannabis business licenses to former marijuana felons and to residents of several neighborhoods considered especially damaged by the war on drugs.  In public statements, Oakland City Council member Desley Brooks, who introduced the amendment, made clear that her intention was to foster minority-owned businesses.  “When you look at the cannabis industry here with respect to the ownership, it is predominantly white,” she said from the podium in the drab chamber of Oakland’s city council. People of color “are tired of simply being employees.  When do they get an ownership piece of the pie?  That is what this is about.”....

Most jurisdictions consider cannabis businesses something between a nuisance and a threat, but the city government in perennially broke Oakland was quick to recognize the economic opportunity in legal pot.  It was an early jurisdiction to decriminalize adult use of marijuana, in 2004, and it became the first in the country to license medical marijuana dispensaries, also in 2004.  Harborside, which celebrated its tenth anniversary in October, was one of the first dispensaries to open in the city, and it helped pioneer the widely imitated idea that dispensaries should be clean, welcoming spaces, more like Apple stores than smelly, cramped head shops.  It now brings in a reported $30 million in annual sales and is an important Oakland taxpayer.  After the Justice Department initiated a case against the dispensary in 2012, Oakland took the unprecedented step of suing the federal government on behalf of a cannabis business. (The Justice Department dropped its case earlier this year.)...

As legalization has spread, other jurisdictions have recognized the moral urgency of creating diversity in the industry.  So far, none has succeeded.  This past summer, Maryland issued its first 30 medical marijuana business licenses, but the process was thrown into disarray once it became clear that none had gone to a woman or an African American.  It’s a “very complex problem,” the head of Maryland’s cannabis commission told The Baltimore Sun.  Time sensitive, too, since the established companies are getting bigger and richer.  Ohio’s medical marijuana law reserves 15 percent of business licenses for minority owners, but this aspect of the law immediately came under legal scrutiny and the program has yet to become operational.

December 7, 2016 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Friday, November 11, 2016

Fascinating exit poll data on Arizona and California marijuana legalization support/opposition

Thanks to Tom Angell, Marijuana Majority founder and Twitter fiend, I now have seen that CNN has great exit poll data detailing and breaking down by a variety of demographics who voted for and against the marijuana reform initiative in Arizona (which failed) and California (which passed).

For those who follow marijuana reform polling, many of these demographic data points are not surprising: younger voters supported legalization in both states much more than older voters.  Democrats supported legalization in both states much more than Republicans.  But there are also some really interesting distinctive data points to be found, such as:

  • In Arizona, the majority of voters making less than $100K were supportive of legalization, with those making less than $50K being the most supportive (at 53%).  Among voters making more than $100K, a full 56% were against AZ legalization. 

  • In Arizona, a strong majority of Latino voters supported legalization (60%), but a strong majority of white voters opposed legalization (55%)

  • In California, the majority of voters at all income levels supported legalization, but those making less than $100K did so by a much larger percentage.

  • In California, the majority of unmarried voters strongly supported legalization (64%), but a majority of married voters opposed legalization (52%), but it is really just married women (against 55%) and not married men (for 52%) who move the married voters into a majority no position.

  • In California, the majority of voters saying no religion were huge supporters of legalization (76%), but protestants also were majority supporters (54%), but catholics were strongly opposed (61%).

November 11, 2016 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Political perspective on reforms, Polling data and results, Race, Gender and Class Issues, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Saturday, November 5, 2016

Highlighting ways marijuana reform might help undo some drug war harms

This new MarketWatch article, headlined "Marijuana ballot initiatives could get people who’ve done time for drugs back on their feet," reports on ways that marijuana reform efforts in California and other states could help unwind the drug war. Here are excerpts:

The war on drugs has disproportionately punished minority groups and the less fortunate for decades. Now, with five states set to vote on legalizing and regulating the recreational use and sale of marijuana on Nov. 8, the cannabis industry is using newfound support to undo the harm caused by the drug war....

As the cannabis industry grows and evolves, advocates and organizations are exploring ways to help those impacted by the war on drugs. “If we want to build a successful industry, it has to be diverse,” said Steve DeAngelo, executive director of medical marijuana dispensary Harborside Health Center.

The problem is well documented. In 2015 there were 643,121 marijuana-related arrests in the U.S., according to the Drug Policy Alliance, 89% of which were for possession offenses that are often viewed as relatively minor. And while blacks use and sell drugs at a similar rate to whites, they are nearly four times more likely to be arrested for marijuana possession, according to the American Civil Liberties Union.

As sentiment has changed, more facts about the war on drugs have come to light. Former U.S. marshal and Drug Enforcement Administration agent Matthew Fogg, who is now running for Congress in Maryland’s fourth district, has said that during his time in law enforcement, he was directed to target black people and neighborhoods. “Race plays a very important part here,” Fogg said in a 2014 interview on CNN. “We were targeting black areas.”

On Nov. 8, five states — Arizona, California, Maine, Massachusetts and Nevada — will decide whether to legalize and regulate the adult use of marijuana. A recent Gallup poll shows that 60% of Americans support legalizing marijuana, and recent election polling shows voters in each of the five states in favor of legalizing and regulating its adult use, production and retail sale, according to a Washington Post report....

And many see legalizing the drug as an opening to give back opportunities taken from those impacted by the war on drugs. For convicted felons, re-emerging into a legal cannabis landscape could prove difficult. Using California as the example, as it stands now, legislation governing whether medical-marijuana business licenses are granted to convicted felons is a patchwork of laws and discretionary decisions sewn by local governments. They grant and deny licenses on a case-by-case basis, said Steve DeAngelo, who is white.

DeAngelo, one of the industry’s pre-eminent advocates and businessmen, runs the largest medical-marijuana dispensary in the country in Harborside Health Center, helped to start a chain of marijuana testing labs and serves as president of influential cannabis investment network The ArcView Group.

Like many others, DeAngelo, who has been in the business for more than 40 years, worked on the black market and is a convicted felon. “It’s critically important this industry make a place for people of color, especially those hurt by the war on drugs,” said DeAngelo. “The cannabis industry is really different in that we were born out of this social-justice movement. There are some things government can and should address, but it’s also incumbent upon this industry to get this right.”...

California’s Proposition 64, which would legalize and regulate cannabis if passed on Tuesday, would not only offer resentencing, potentially reducing sentences for prisoners, but would give felons who have completed their sentences the opportunity to apply to have their criminal records revised.

It echoes a process in Oregon — a state where marijuana is legal — that allows people with a felony drug conviction to get criminal records expunged. Jesce Horton, co-founder of the Minority Cannabis Business Association, said that his organization has worked to educate people about the process and added that other states are looking at it as an option....   Expunging records can have a far-reaching impact, said Horton. “Even for people who don’t want to get into the industry, this can really help them in life. A rising tide will lift all boats.”

November 5, 2016 in Criminal justice developments and reforms, Political perspective on reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Saturday, October 29, 2016

"'The Mellow Pot-Smoker': White Individualism in Marijuana Legalization Campaigns"

The title of this post is the title of this provocative article authored by David Schlussel now available via SSRN. Here is the abstract:

This Note suggests that "white individualism" has characterized many campaigns for the legalization of recreational marijuana, including in Colorado, Washington, Oregon, and Alaska.  "White individualism" implicitly suggests that white, hard-working, middle-class, marijuana consumers are deserving beneficiaries of legalized marijuana. The white-washed framing of legal marijuana omits and implicitly reinforces marijuana prohibition’s racist legacy.

Marijuana criminalization was originally justified through racist propaganda; the war on drugs has been enacted through coded racial appeals; and marijuana enforcement has disproportionately fallen upon black and brown people.  White individualism in marijuana legalization campaigns has tended to correlate with policies that favor white entrepreneurs rather than policies that redress past harms of prohibition, such as the expungement of criminal records.

October 29, 2016 in Political perspective on reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Thursday, October 13, 2016

New Pew polling shows record high public support for recreational marijuana legalization

FT_16.10.11_marijuanaLegal_trendThe Pew Research Center has this new posting headlined "Support for marijuana legalization continues to rise," reporting on the results of its latest polling. Here are the particulars:

The share of Americans who favor legalizing the use of marijuana continues to increase. Today, 57% of U.S. adults say the use of marijuana should be made legal, while 37% say it should be illegal. A decade ago, opinion on legalizing marijuana was nearly the reverse – just 32% favored legalization, while 60% were opposed.

The shift in public opinion on the legalization of marijuana has occurred during a time when many U.S. states are relaxing their restrictions on the drug or legalizing it altogether. In June, Ohio became the 25th state (plus Washington, D.C., Guam and Puerto Rico) to legalize marijuana in some form after Gov. John Kasich signed a medical marijuana program into law. This November, Americans in nine states will vote on measures to establish or expand legal marijuana use.

Young adults have disproportionately driven the shift toward public support of the drug, though support is rising among other generations as well. Millennials – those ages 18 to 35 in 2016 – are more than twice as likely to support legalization of marijuana as they were in 2006 (71% today, up from 34% in 2006), and are significantly more likely to support legalization than other generations.

Support for marijuana legalization has also increased among members of Generation X and Baby Boomers (ages 36-51 and 52-70 in 2016, respectively). More than half of Gen Xers (57%) support legalization, a considerable jump from just 21% in 1990. A majority of Boomers (56%) also support legalization, up from just 17% in 1990.

The Pew Research Center survey, conducted Aug. 23-Sept. 2 among 1,201 U.S. adults, also finds persistent partisan and ideological divides in public opinion on marijuana legalization. By more than two-to-one, Democrats favor legalizing marijuana over having it be illegal (66% vs. 30%). Most Republicans (55%) oppose marijuana legalization, while 41% favor it.

Republicans are internally divided over marijuana legalization. By a wide margin (63% to 35%), moderate and liberal Republicans favor legalizing the use of marijuana. By contrast, 62% of conservative Republicans oppose legalizing marijuana use, while just 33% favor it. The differences among Democrats are more modest. Liberal Democrats are 23 percentage points more likely than conservative and moderate Democrats to favor legalization (78% vs. 55%).

As past Pew Research Center surveys have found, Hispanics are less supportive of legalizing marijuana than are whites or blacks. Hispanics are divided – 49% say the use of marijuana should be illegal, while 46% say it should be legal. Identical majorities of whites and blacks (59% each) favor marijuana legalization.

I do not find the age-based and party-based polling particulars to be at all surprising, but I do find it quite notable and interesting that this poll suggests Latinos are slightly more likely to oppose than support marijuana legalization. I suspect that this finding could and would be even more interesting and telling if the Latino responses were broken down further by age, as I suspect older Latinos might continue to recall and fear the anti-Mexican/Latino biases that were integral to a whole lot of anti-marijuana policies and rhetoric until very recently.

The interesting Pew Center finding about Latino views on marijuana legalization also provides still further reasons to pay particular attention this election cycle to the marijuana reform ballot initiatives in states like Arizona and California and Florida. In addition to wondering whether exit polling in those states might confirm the likelihood of large blocks of Latino voters ending up on the "no" side of reforms, the traditionally different Latino origins that distinguish Latino population in different states might reveal still further deep insights into whether there are actually an array of distinct policy views on these issues among distinct groups of Latinos.

October 13, 2016 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana Commentary and Debate, Political perspective on reforms, Polling data and results, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Saturday, October 1, 2016

"Marijuana really can be deadly – when encountering police officers"

The title of this post comes from this Denver Post article by Christopher Ingraham noting new information from the Charlotte-Mecklenberg P.D. that the September 20th shooting that left Keith Lamont Scott dead was precipitated by simple marijuana possession. 

According to police, plainclothes officers first noticed Scott when he pulled into the parking lot in which they were sitting in an unmarked car waiting to serve a warrant on a wanted suspect, after he began rolling what appeared to be a "blunt." Police say they were not initially interested in Scott but later became concerned when they saw him with a gun. Notably, as The Washington Post's Wesley Lowery reported last week:

Because of that, the officers had probable cause to arrest him for the drug violation and to further investigate Mr. Scott for being in possession of a gun.

After changing into clothes that clearly marked them as police officers, they confronted Scott. They claim they later shot and killed him after he aimed his gun at them, though this newly released video appears to contradict that claim. Whether Scott brandished his weapon in a manner that would legally warrant the use of deadly force hopefully will be clarified when police release all available video of the incident next week (although we perhaps may never have a definitive answer to that question).

Importantly, however, as Ingraham writes: 

It’s not the first time low-level marijuana possession has escalated to a fatal police encounter. Last August, 19-year-old Zachary Hammond was fatally shot by police in Seneca, South Carolina, as he tried to flee from an attempted marijuana bust. In 2012, officers killed unarmed Bronx teenager Ramarley Graham as he tried to flush pot down the toilet. Trevon Cole was doing the same thing when police killed him in Las Vegas in 2010 during a drug raid at which no weapons were found.

 

As the Drug Enforcement Administration notes, nobody has ever died of a marijuana overdose. But aggressive enforcement of drug laws has led to some deaths. Growing efforts to decriminalize or legalize marijuana in part seek to reduce these kinds of police encounters that can turn fatal.

 

Places that have decriminalized possession of small amounts of marijuana treat offenses essentially like parking tickets. Data shows that decriminalization typically leads to drastic reductions in the number of marijuana-related arrests. For instance, the month after the New York City Police Department announced it would treat low-level drug possession as a noncriminal violation instead of a misdemeanor, arrests plummeted 75 percent year over year, according to the Associated Press.

 

But as the cases above vividly illustrate, decriminalization doesn’t eliminate violent encounters. Marijuana was decriminalized in Nevada when Cole was killed. It was decriminalized in New York state when Graham was killed. And it’s decriminalized in North Carolina, where Scott was killed.

 

This is one reason many drug policy reformers say decriminalization isn’t enough...

Indeed, after Colorado legalized recreational marijuana use, the overall arrest rate for marijuana-related crimes fell significantly, although not indiscriminately. As The San Francisco Chronicle recent reported:

In the first two years of legalization, marijuana arrests fell 46 percent as many people complied with the new regulations, according to the Colorado Department of Public Safety. However, while the number of arrests decreased 51 percent for whites, they dropped only 33 percent for Latinos and 25 percent for African Americans. The pot-related arrest rate for African Americans remained nearly triple that of whites.

 

Juvenile marijuana arrests increased by 5 percent overall, but went up 29 percent for Latino youths and 58 percent for black youths. The number of white juveniles arrested fell 8 percent.

Put simply, marijuana won't kill you, but getting caught with it by police might; and, the chance of an encounter with police because of marijuana possession is higher if you're a person of color. If Chelsea Clinton had made this argument during her Ohio campaign stop earlier this week, perhaps she would have saved herself from the mockery of suggesting that marijuana can kill you, a claim she of course took back shortly thereafter.

October 1, 2016 in Current Affairs, Race, Gender and Class Issues | Permalink | Comments (0)

Sunday, September 25, 2016

"Legalizing Marijuana: It Changes Policing, But May Leave Racial Disparities"

The title of this post is the headline of this new NPR story, which includes these excerpts:

California is one of five states this year where marijuana legalization is on the ballot. Washington and Colorado paved the way for making recreational pot legal back in 2012. Since then marijuana arrests have plunged in Washington. They've also gone down in Colorado, but not by as much. This raises the question, what is the effect of legalizing marijuana on policing?...

Defense Attorney James Clark's office window looks down on the lake. He says [California police's] "stop and smell" practice happens across the state. In California, the smell of marijuana gives police probable cause to search someone's entire vehicle. If cops find something bigger - guns, stolen property - Clark says that can turn a traffic stop into a felony. "You can imagine that if you're trying to advance your career by searching cars along the freeway, that this is a tool that would be difficult to resist passing up," Clark says. [So now people] are wondering, if recreational pot gets legalized in California, could that be the end of this "stop and smell" practice?

Meanwhile, in Washington state, there have been some changes in policing since the legalization of recreational marijuana. Patrol sergeant Nate Hovinghoff has been with the Washington State Patrol for 11 years and works along the scenic Columbia River Gorge dividing Washington and Oregon, another state that recently legalized pot. "Prior to legalization in Washington state, odor alone was enough to arrest," Hovinghoff says.

If Hovinghoff pulled over a vehicle, say, for speeding and smelled marijuana, that gave him license to investigate further. "In my experience as a trooper, probably 90 percent of my felony arrests, they started with the odor of marijuana," he says.

But once pot was legalized in Washington state, the rules of engagement changed. "Now when I stop a vehicle and I go up and I smell marijuana, if they're 21 years or over it doesn't mean automatically a crime's occurred," Hovinghoff explains. He says as long as the driver of the car is compliant with the law and not impaired, and that's key, it's basically, "Have a nice day."

But folks ... aren't convinced that it will go down like that in California.... In fact, recent data from police stops in Oakland show that African-Americans are more likely than whites to be searched, handcuffed, and arrested.

That question of disparity is very much on the minds of researchers who are tracking the effects of marijuana legalization. Mike Males is with the Center on Juvenile and Criminal Justice. He released a study earlier this year that's been widely cited. It shows that while marijuana arrests dropped dramatically in Washington state, African-Americans are still two times more likely to be arrested for marijuana-related offenses.

"So there's still a large racial discrepancy. It doesn't solve that. It does reduce the overall impact of marijuana arrests, but it doesn't change the racial discrepancy as much," Males says. The bottom line, says Males: "If one of the goals is to reduce marijuana-related arrests then legalization appears to accomplish that." But it may not resolve disparities in how the law is enforced or applied.

A few of many prior related posts:

September 25, 2016 in Criminal justice developments and reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, September 13, 2016

Crimmigration and cannabis: "Marijuana Is Legal in Colorado — But Only If You're a U.S. Citizen"

ThThe title of this post is an expansion of the headline of this lengthy Westword article by Joel Warner.   Among many virtues in this long-form article is that it includes quotes from one of my former students who examined in my marijuana seminar the connections between marijuana reform and immigration issues.  Here is how the article gets started and some excerpt from its legal discussion:

Claudia didn’t think anything was wrong when United States Customs and Border Protection agents flagged her for an in-depth security screening after the early-morning flight from her native Chile landed at Los Angeles International Airport early on October 8, 2015. “It’s normal,” she says. “Sometimes the officers review people.” Besides, Claudia had never been in trouble in her life....

[Agent] Torres asked Claudia about past trips to the States; in her accented but largely fluent English, she told the agent that she’d previously visited Tennessee, Louisiana, New York and Colorado. At the mention of Colorado, he asked to see her phone. Since the device wasn’t password-protected, he quickly clicked to her photo gallery and began scrolling back several months to her visit from April through June of that year... The agent [eventually] arrived at three photos she’d taken inside Native Roots, a marijuana dispensary on Boulder’s Pearl Street. Looking at the images of glass display cases filled with edibles and jars of marijuana, he asked if she’d tried any. “Yes, I tried marijuana in Colorado,” she replied. “It’s legal there.”

With those words, Claudia immediately placed herself in the middle of a growing clash between state cannabis reforms and U.S. immigration law’s unyieldingly austere approach to marijuana. While cannabis may be legal in a growing number of states, it’s still very much against the law for all non-U.S. citizens to use it — even if few people know that. In fact, over the past decade, Immigration and Customs Enforcement (ICE) has penalized and deported more people convicted of marijuana-related crimes than ever before. As a result of the inconsistencies between state marijuana laws and immigration law, immigration lawyers are finding themselves stymied by legal predicaments that don’t make any sense — and their clients are suffering. Husbands are being separated from wives, parents from children, because of activities that in many states are no longer crimes. And foreigners like Claudia are finding their lives changed forever when they simply admit that they tried something they assumed was completely legal.

But Claudia didn’t know that when she admitted to trying marijuana; she still thought everything was fine. After Torres had finished going through her luggage, two female agents gave her a pat-down and confiscated her belongings, then led her to a locked, windowless cell with security cameras on the ceiling and miserable-looking people of various nationalities lying on bare metal cots. Only then did she realize that something was very, very wrong....

The most famous example of a marijuana-based deportation might be the U.S.’s failed attempt to bar John Lennon from the country in 1973 because of a past cannabis conviction in England. But it was only later, as the War on Drugs heated up, that U.S. immigration policy became increasingly unforgiving regarding marijuana and other narcotics. These days, any drug offense, save for the possession of thirty grams or less of marijuana, is a deportable crime for non-U.S. citizens, including those with green cards. And any offense involving the sale of marijuana — even just peddling $5 worth of the drug — is considered an “aggravated felony” that triggers mandatory deportation.

It doesn’t matter if the conviction doesn’t come with a prison sentence or is expunged through a drug-court program. It doesn’t matter if the convicted individual can prove that his or her expulsion would cause extreme hardship on U.S. family members, a situation that can be used to stop deportation for other crimes such as assault or fraud. If an immigrant is busted for marijuana or other drugs, they’re likely to be taken into immigration custody and deported without any chance of coming back.

While President Barack Obama has long promised to ease the drastic consequences of the drug war, immigrants convicted of drug crimes have faced increased penalties during his time in office. That’s because of the Secure Communities initiative, a program launched under George W. Bush but expanded by the Obama administration that allows immigration agents access to local fingerprint data banks.

The result is more drug-related deportations than ever before. According to a Human Rights Watch investigation of U.S. government data, between 2007 and 2012, drug-possession-related deportations increased 43 percent, and drug-sale-related deportations increased 23 percent. In all during that period, nearly 266,000 people were forced out of the country after being convicted of a nonviolent drug offense, which accounted for roughly one out of every four criminal-conviction-related deportations. More than 50,000 of those deportations were related to a marijuana conviction....

“We are at a really interesting time politically,” says Grace Meng, senior researcher at Human Rights Watch and author of the organization’s report on drug-related deportations. “The country is willing to reconsider drug policy and laws, but those same laws passed in the 1980s and ’90s have had really severe immigration impacts — and they aren’t being considered at all.”

According to Alexander Holtzman, a fellow with the Immigrant Justice Corps in New York City who studied marijuana-related immigration sanctions while at Ohio State University’s Moritz College of Law, it’s hard to know exactly how many people are currently being deported because of minor marijuana offenses; most deportation statistics don’t indicate whether a cannabis crime was the cause of someone’s expulsion. (ICE didn’t respond to multiple interview requests from Westword.)

There is some indication that the agency’s stance on marijuana could be shifting, though. In 2014, a year after the U.S. Supreme Court ruled that immigrants convicted of minor cannabis crimes should be given a chance to contest their deportation, ICE released a policy noting that marijuana-possession convictions would no longer be an enforcement priority. But it’s clear that at least until recently, cannabis-related crimes were a main priority for immigration authorities. According to ICE deportation records stored and analyzed by Syracuse University, in 2013 marijuana possession was the fourth-most-common offense associated with deportation — above assault, illegal re-entry or any other drug charge. The sale of marijuana was the twelfth-most-common deportation-related crime. Holtzman estimates that slightly more than 6,000 people were deported that year after being convicted of minor marijuana-possession charges.

“If these individuals are deported because of these offenses, then the sanction of deportation strikes me as severe, disproportionate and unjust,” says Holtzman. “Citizens are not similarly punished for identical conduct.”

September 13, 2016 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (1)

Sunday, August 21, 2016

Noting the lack of racial diversity in recipients of first Maryland medicial marijuana licenses

This Washington Post article, headlined "Missing from Maryland’s legal marijuana growers? Black business leaders," reports on an all-too-common business pattern that tends to emerge as a state gets started with modern marijuana reforms.  Here is how the article gets started:

Maryland set up its legal medical marijuana industry with hopes of racial diversity and equity in spreading profits, but none of the 15 companies that were cleared this week for potentially lucrative growing licenses is led by African Americans.

Some lawmakers and prospective minority-owned businesses say this is unacceptable in a state where nearly a third of the population is black, the most of any state with a comprehensive legal pot industry.  They say the lack of diversity is emblematic of how, across the country, African Americans are disproportionately locked up when marijuana use is criminalized yet are shut out of the profits when drug sales are legalized.  “We are not going to see this industry flourish in the state of Maryland with no minority participation,” said Del. Cheryl D. Glenn (D-Baltimore), chairwoman of the Legislative Black Caucus.

Glenn was a key player in the legalization battle, and the commission that awards medical marijuana business licenses and oversees the industry is named after her mother, Natalie LaPrade, who died of cancer.  She is considering filing a legal injunction to halt the licensing process and is weighing other options, such as pushing the commission to award additional licenses to minority-owned companies.

The law legalizing medical marijuana says regulators should “actively seek to achieve” racial and ethnic diversity in the industry.  But the commission did not provide extra weight to applications submitted by minority-owned businesses because a letter from the attorney general’s office suggested that preferences would be unconstitutional without there being a history of racial disparity in marijuana licensing to justify the move.

A spokeswoman for the Maryland Medical Cannabis Commission said there will be future opportunities to expand minority participation when the agency awards dispensary licenses and when it considers issuing more cultivation licenses in 2018 if supply doesn’t meet demand.  Businesses must also submit annual reports on the racial breakdown of their ownership and workforce, providing a more comprehensive look at the industry’s diversity.  “The Commission believes a diverse workforce is in the best interest of the industry,” said Vanessa Lyon, the spokeswoman.

But Glenn and other critics say the state hasn’t done enough to ensure diversity in the blossoming business that’s already worth billions nationwide.

August 21, 2016 in Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues | Permalink | Comments (0)

Tuesday, June 28, 2016

"Why the Marijuana Business Is Appealing to Female Entrepreneurs"

The title of this post is the headline of this notable new Atlantic piece.  Here is how it gets started:

In this mountain town, which began allowing the recreational sale of marijuana in 2014, businesswomen and female entrepreneurs say they are launching marijuana-centric companies with the hope that they can avoid the glass ceiling some say prevented them from reaching board rooms and corner offices in other industries.

In the past several years, women have become a driving force in the growth of the cannabis industry here and across the United States. As one magazine cover proclaimed recently, “Legal marijuana could be the first billion-dollar industry not dominated by men.”

Numbers would seem to bear those sentiments out. According to Marijuana Business Daily, women make up about 36 percent of executives in the legal-marijuana industry, compared to about 22 percent of senior managers in other industries. Women hold just 4.2 percent of the CEO positions at S&P 500 companies. At tech companies like Google and Twitter, disproportionately few executives and engineers are women.

“It’s a new chance for many women who have been in the corporate world who couldn’t get to the next level,” said Becca Foster, an independent consultant with Healthy Headie, an in-home cannabis shop co-founded by Holly Alberti-Evans that goes by the tagline “the Mary Kay of Mary J.” A young mother of four, Foster worked as a senior implementation manager at Bank of America before going the cannabis consulting route. “It stalled out,” she said of her finance care; there was no clear way to balance both family and work.

June 28, 2016 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)

Monday, June 27, 2016

DC Department of Health issues big new report: "MARIJUANA in the DISTRICT OF COLUMBIA"

Cl14w03WYAAlJOCThe District of Columbia is a unique locale with unique laws and practices in many arenas. But, as highilighted by a big new report issued by the DC's Deprtment of Health, the District's relationship with marijuana law, policy and reform has much in common with a number of other jurisdictions.  This big new report, available here, is titled "Marijuana in the District of Columbia," and here is the report's executive summary:

In recent years, marijuana related policies have gone through many transformations throughout the United States, with the District of Columbia being no exception.  This report provides insight through current research and data that outlines the disadvantage, benefits and societal ramifications that accompany decriminalization and legalization of marijuana in the District of Columbia.  Factors that have been analyzed include short-term and long-term health consequences, public safety issues like driving while under the influence of the substance, marijuana’s co-use relationship with other drugs, and effects on fetal, infant, and adolescent development.

Highlights

• 53.8% of adults in the District have ever tried marijuana and 17.8% currently use it.

• Marijuana was the second most commonly detected drug in traffic accidents that resulted in fatalities, District of Columbia in 2012.

• Medical marijuana has demonstrated promising results for various ailments, including neuropathic pain, nausea due to chemotherapy, and muscle spasms.

• Short term marijuana-related effects can include cyclic vomiting, disorientation, impaired body movement, increased heart rate, and difficulty thinking or problem-solving.

• There is some evidence that marijuana use may increase cancer risk.

• Among individuals at risk for mental illness, marijuana use may worsen symptoms.

• 8.9% of marijuana users will transition from casual use to dependence.

• Cigarette use and binge drinking are significantly higher among marijuana users than nonusers.

• Marijuana use among expecting mothers has demonstrated various adverse effects, including low birth weight and pre-term delivery.

• Marijuana use has been associated with a decline in IQ when regularly used among individuals under the age of 18.

• Throughout the U.S., marijuana possession arrests tend to occur significantly more among African Americans than any other race/ ethnicity despite rates of use are fairly similar across all categories.

June 27, 2016 in Initiative reforms in states, Race, Gender and Class Issues, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, June 23, 2016

Some good hard questions in Ohio following passage of its medical marijuana reform

These two recent newspaper article raise two good and challenging questions concerning the policies and practicalities soon now to become reality when Ohio's medical marijuana reforms formally become law in the coming months:

June 23, 2016 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Wednesday, June 22, 2016

Effective coverage of impact of marijuana reform on migration of poor and homeless to Colorado

Joel Warner has penned these two interesting and important new lengthy pieces about homelessness in Colorado and its intersection with marijuana reform:

Marijuana Legalization In Colorado: How Recreational Weed Is Attracting People, But Spiking The State’s Homeless Rate

Marijuana Legalization: Pot Brings Poor People To Colorado, But What’s Being Done To Help Them?

Here are brief excerpts from both articles (which ought to be read in full):

While much has been made of the tourists, entrepreneurs and investors lured to Colorado’s blossoming marijuana industry, very little attention has been paid to another population drawn to the state’s cannabis experiment: marijuana migrants moving to the state who wind up on the streets. Interviews with people at homeless shelters in Denver and other Colorado cities like Pueblo suggest that since Colorado launched its legalized cannabis system in 2014, the percentage of newcomers to the facilities who are there in part because of the lure of marijuana has swollen to 20 to 30 percent.

All told, several hundred marijuana migrants struggling with poverty appear to be arriving in Colorado each month. Some of them, like Butts, come to use cannabis recreationally or medically without the fear of arrest. Others are hoping to get jobs in the new industry. But many arrive to find homeless services stretched to the breaking point, local housing costs increasingly prohibitive and cannabis use laws that penalize those without private residences....

Homelessness experts point out that there’s no proof that marijuana leads to homelessness, or that cannabis is the main culprit behind the growing numbers. Study after study has concluded that the major factors leading to homelessness are a lack of affordable housing, inability to find work and family crises. “There is very little safety when you are homeless,” said James Gillespie, community impact and government relations liaison for the Comitis Crisis Center, a shelter in Aurora, near Denver. “How many people want to trade their safety for access to something like marijuana or any other substance?”

But there is evidence that people who were already struggling to get by in other states are relocating to Colorado in part because of marijuana. So far, however, research on the phenomenon has been limited. A survey of Denver shelter workers by Metropolitan State University in the fall of 2014 found that eight of the 11 shelters said they were seeing client increases due in part to marijuana, said lead researcher Rebecca Trammell, but the study did not examine what, exactly those increases looked like. Plus some shelters actively avoid asking about marijuana use....

Marty Otañez, a University of Colorado Denver anthropology professor who’s been studying the state’s marijuana industry, said he’s met multiple cannabis workers who are on their way to becoming homeless. It’s left him convinced that it’s time for people in charge of the industry to address the problem. “The flow of ‘trimmigrants’ and other cannabis workers into Colorado and the added pressure on homeless shelters and social services for unemployed or poorly paid cannabis workers is a symptom of the broader problem of cannabis capitalism gone awry,” said Otañez. “Nominal efforts to fund corporate social responsibility schemes demonstrate the lack of seriousness on the part of cannabis business people to address in any genuine way the social ills associated with green gold.”

With nearly a billion dollars in revenue and more than $135 million in statewide taxes and fees generated by Colorado marijuana sales last year, some shelter managers would like to see a portion of the proceeds devoted to homeless services. “If some of those dollars can go to serving those folks, it could really help people,” said Tom Luehrs, executive director of Denver’s St. Francis Center day shelter. “We are not saying we want to become rich; we just want to help these people because Colorado is doing something good and it’s bringing people here.”

So far, none of Colorado’s marijuana tax revenues have gone to homeless programs. That will soon change. In Aurora, the city council recently voted to earmark $1.5 million of marijuana tax proceeds for homeless services annually for the next three years. According to Nancy Sheffield, project manager for Aurora’s neighborhood services department, the decision wasn’t based on concerns that marijuana was increasing local homeless numbers; it’s simply a matter of allocating resources to high-priority issues.

Whatever the reason, homeless advocates celebrated the move. “It’s a brilliant move by Aurora,” said James Gillespie, community impact and government relations liaison for the city's Comitis Crisis Center, a shelter. “It’s not every day that a municipality gets a new funding stream. To reinvest that to meet the needs of struggling families is a good moral imperative stand.”

June 22, 2016 in Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Saturday, June 18, 2016

Women in Maryland marijuana industry savoring absence of a glass ceiling in new industry

WG_New_Logo_rgbRegular readers know that one  aspect of the burgeoning marijuana industry that I find especially interesting is the role that women can and will play within a new modern industry that has little legitimate business history and thus has little history of traditional gender discrimination in its businesses.  Against this backdrop, this lengthy new article from the Baltimore Sun caught my attention this weekend.  The piece is headlined "Women see no ceiling in Maryland medical marijuana industry," and here are excerpts:

Maryland's long-promised medical marijuana industry doesn't exist yet, and that's precisely why more than 60 women, mostly dressed like a PTA crowd, banded together there — to rise to the top before anyone gets in their way. "How vital are women to the success of the cannabis business in Maryland? If you're asking, I probably don't want to talk to you," said Megan Rogers, a co-founder of the Baltimore chapter of Women Grow and an applicant to open a dispensary. "We're here to ensure that the cannabis industry has no glass ceiling."

As the state considers hundreds of pending medical marijuana licenses, the women gathered to network, celebrating the opportunity to create an industry from scratch. Dozens of the organization's members have applied to grow marijuana or open dispensaries or processing businesses. Others plan to sell specialized marijuana containers, offer legal services, do product testing or provide event planning for women who secure a coveted license.

There is more collaboration than competition, the women say. There's no snatching of ideas or secretive cloaking of business plans, no assumptions that they need to get in line behind men to get ahead. "We have an opportunity to take an industry, from the ground up, and insert women in the upper echelons," said Carissa Cartalemi, a co-founder of the group and a holistic therapist who applied for a dispensary license with Rogers. "I do think there's something very feminine to that spirit of collaboration."

Women's marijuana business groups have grown by leaps and bounds as 25 states across the country have legalized some form of medical marijuana, and four states and the District of Columbia have approved recreational cannabis.

Women Grow began in Denver two years ago and now includes more than 45 chapters in the United States and Canada. Its conference in February attracted 1,300 people and was headlined by singer and marijuana activist Melissa Etheridge.

Women are much less likely to become entrepreneurs than men. In Maryland, women are half as likely as men to own their own businesses, according to the Kauffman Index of Entrepreneurship, which tracks business activity across the country. A survey released this month showed women hold 91 of the 630 board seats of Maryland companies that trade on one of the three stock exchanges — less than 14 percent of board seats and well under the national average. Other new industries — including the booming tech field — have largely been dominated by men, who worked disproportionately in the academic fields that fed those industries.

But women in Maryland and across the country see a different landscape in the emerging cannabis industry, which was born out of the advocacy community that persuaded legislatures to legalize it. "This is an industry that was led by a movement, by both women and men," said Giadha Aguirre DeCarcer, a former venture capitalist who launched a Washington-based cannabis market research company. DeCarcer is familiar with Women Grow but not active in the Baltimore chapter.

"There are no barriers to entry, but also no glass ceiling," said DeCarcer, CEO and founder of New Frontier Financials. "There hasn't been time for a good-ol'-boys club to develop. … The culture is very different because it stems from a movement."

Jessica White, 48, runs a holistic health center in White Marsh and applied for four dispensary licenses and a kosher processing license — she can hold only one, but was trying to increase her chances of being selected from among the 811 applications for just 94 licenses. "My market is 65-plus, chronic pain, not candidates for surgeries," White said. "We're talking little old church ladies."

White attends meetings of several other medical cannabis organizations, too, but said the vibe is different with the Women Grow crowd. "In a lot of the other groups I'm friendly with, it's a bunch of old white guys," White said. "A lot of the men in the industry keep things to themselves. Here, it's 'I'm Jessica. I want to open a dispensary. What about you?'"...

Elkridge-based Cannaline sponsored a season's worth of Women Grow events, which allows its saleswoman, Carrie Kirk, to hand out free samples of the company's marijuana packaging options as attendees clink glasses of house wine. Kirk worked for 17 years in pharmaceutical sales and management but now works up and down the East Coast selling Cannaline's marketing products, custom odor-proof bags and child-resistant packaging.

Even though more states east of the Mississippi are launching medical marijuana markets, she said, it's very tightly regulated and the industry here feels very different than that on the West Coast. "We have to do things more conservatively here," she said. A Women Grow event allows her to reach a lot of potential customers in an industry that lacks access to traditional advertising.

In a back corner of the Women Grow event, former regulatory lawyer Leah Heise was holding court at the center of a ring two people deep, enthusiastically connecting people. An illness that would have been more easily treated with medical marijuana than opioids took her out of the workforce for more than a decade, she said. Now that a surgery alleviated the underlying cause of her debilitating pain from chronic pancreatitis, she's rejoined the working world and fashioned a new career as a mentor and attorney for companies trying to navigate Maryland's newest industry.

She's president of Chesapeake Integrated Health Institute, and says Women Grow offers not only camaraderie but also a resource she can't find elsewhere. "This is the only place where someone can come to learn anything. Anything!" she said. She turned her attention to a woman who spent her career working at spas but was looking for a way into the medical marijuana industry. Heise enthusiastically took her card. "Someone like her would be incredible as a dispensary manager," she said. "It's a whole new era, and the industry will be huge."

Some prior related posts:

June 18, 2016 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Tuesday, May 31, 2016

"Marijuana Enforcement Disparities In California: A Racial Injustice"

The title of this post is the title of this new short new data reprt/analysis released by the Drug Policy Alliance and the ACLU of California. Here are excerpts from the start and end of this little report:

Effective January 1, 2011, California reduced the penalty for possession of one ounce or less of marijuana from a misdemeanor to an infraction.  Subsequently, misdemeanor marijuana arrests plummeted by 86 percent.  Although the penalty does not include jail, the offense is still punishable by up to a $100 fine plus fees, making the actual cost of an infraction much higher.  This can be a substantial burden for young and low-income people.  According to original research presented here, enforcement of marijuana possession — and the economic burden it entails — falls disproportionately on black and Latino people. The disparity is particularly acute for black people and young men and boys....

Infraction data are hard to come by in California.  The demographic profile of people issued marijuana possession infractions in Fresno and Los Angeles, however, demonstrates that enforcement continues to fall disproportionately on black and Latino people, particularly young men and boys.  In Los Angeles and Fresno 90% and 86% of marijuana possession infractions respectively were issued to men or boys.

These findings demonstrate that reducing penalties for possession of small amounts of marijuana does not go far enough.  There are still substantial costs associated with an infraction, such as legal fees, court costs, and lost time at school or at work — and the burden of these costs most heavily impact young black men and boys.  While reducing marijuana possession to an infraction has dramatically decreased the number of marijuana arrests in the state, it has not sufficiently reduced the disparate manner in which marijuana laws are enforced.

May 31, 2016 in Criminal justice developments and reforms, Race, Gender and Class Issues | Permalink | Comments (0)