Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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Thursday, July 30, 2015

First Native American tribe in marijuana business expecting monthy sales of $2 million

Sioux-tribeThis new article, headlined "Indian tribes set to begin marijuana sales," reports on the plans and expectations of the first Native American tribe entering the marijuana industry. Here are the details:

Tourists soon may be able to go to a South Dakota Indian reservation, buy a cigarette-sized marijuana joint for $10 to $15 and try their luck at the nearby casino.  In December, the Flandreau Santee Sioux expect to become the first tribe in the nation to grow and sell pot for recreational use, cashing in on the Obama administration’s offer to let all 566 federally recognized tribes enter the marijuana industry.

“The fact that we are first doesn’t scare us,” said tribal president Anthony “Tony” Reider, 38, who’s led the tribe for nearly five years.  “The Department of Justice gave us the go-ahead, similar to what they did with the states, so we’re comfortable going with it.”   The tribe plans to sell 60 strains of marijuana.  Reider is hoping for a flock of visitors, predicting that sales could bring in as much as $2 million per month....

Other tribes have been much more hesitant. “Look at Washington state, where marijuana’s completely legal as a matter of state law everywhere, and you still have tribes adhering to their prohibition policies,” said Robert Odawi Porter, former president of the Seneca Nation of New York.

It comes as no surprise to Washington state Democratic Rep. Denny Heck, who says he works on tribal issues every day.  “Not once has anybody ever brought up that they wanted to go down this track,” he said.  Heck speculated on one possible reason: “We’re all aware of the painful history of alcoholism in Indian Country.”

Tribes won the approval to sell pot in December, when the Justice Department said it would advise U.S. attorneys not to prosecute if tribes do a good job policing themselves and make sure that marijuana doesn’t leave tribal lands.  But federal prosecutors maintain the discretion to intervene, a worrisome prospect for many. “This administration is very pro-tribes, very supportive. What if the next one isn’t?” asked W. Ron Allen, chairman of the Jamestown S’Klallam Tribe in Washington state.

He said many of the state’s 29 tribes also want assurances from federal officials that they won’t lose millions of dollars in grants and contracts if they sell a drug banned by Congress. “We’re not getting definitive answers back,” Allen said.  “There’s a number of tribes that are very aggressively looking into it and trying to sort through all the legal issues.  The rest of us are just kind of on the sidelines watching.”

Many tribal officials took note earlier this month when federal authorities seized 12,000 marijuana plants and more than 100 pounds of processed marijuana on tribal land in Modoc County, Calif.  Federal authorities said they raided the operation because the tribes planned to sell the pot on non-reservation land.  “That’s a warning shot to Indian County that this isn’t carte blanche to do whatever you want, even in a place like California,” said Blake Trueblood, director of business development for the National Center for American Indian Enterprise Development, based in Arizona.

Trueblood said marijuana could give tribes an economic boost, much like gaming. He said tribes will have the best opportunities in states such as Florida and New York, where demand for pot is high but the drug has not been legalized for recreational use by state voters. “Ultimately, I think you’ll see legal marijuana in every state,” Trueblood said. “I think that’s fairly inevitable, even in very conservative places like Florida.”

Reider said his tribe plans to sell both medical and recreational marijuana. Minors will be allowed to consume pot if they have a recommendation from a doctor. Under a tribal ordinance passed in June, adults 21 and over will be able to buy one gram of marijuana at a time for recreational use, no more than twice a day. “We really don’t want the stuff getting out to the street,” Reider said. “So we’re going to have like a bar setting where they’ll be able to consume small amounts while on the property.”

Kevin Sabet, president of the anti-legalization group Smart Approaches to Marijuana, said the California raid shows that it’s still “an extremely risky venture” for any tribe to start selling marijuana. And he said pot sales would fuel more addiction. “If we think alcohol has had a negative effect on young people on tribal lands, we ain’t seen nothing yet,” Sabet said.

As part of his homework, Reider said, he traveled to Colorado, the first state to sell recreational pot last year. He said he does not smoke marijuana but has concluded that it’s safer than alcohol, citing the behavior he witnessed at the Cannabis Cup, a marijuana celebration held in Denver in April. “It was a peaceful environment,” he said. “Everybody was overly friendly, overly talkative to each other and respectful of each other. Where if you go to a concert where there’s a lot of alcohol, you typically see fights and arguments.”

Reider said the tribe plans to begin growing 6,000 marijuana plants in October and is renovating a bowling alley to house a new consumption lounge that will include four private rooms. He said the tribe may consider allowing marijuana consumption in its casino in the future. Reider acknowledged that it’s “kind of an awkward feeling” to start selling pot, but he figures the tribe is well-equipped.

“When we started looking into it, it’s comical at first, but then you realize it’s an amazing business,” he said. “It’s highly regulated, and we’re used to the regulation from operating our casino. We’ve got security and surveillance.” Reider said profits from pot sales will be used to help tribal members. He said that could include the construction of a facility for those addicted to alcohol, prescription drugs or methamphetamine.

July 30, 2015 in Federal Marijuana Laws, Policies and Practices, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, July 27, 2015

"Sorting Through the Marijuana Mess in Ohio"

The title of this post is the headline of this new lengthy discussion of some of the notable (and notably distinct) marijuana reform developments in Ohio authored by Keith Stroup, NORML Legal Counsel.  Especially for anyone trying to keep track and assess what has been going on in the Buckeye State in recent months, I highly recommend the piece be read in full.  Here are some excerpts mostly from the start and end of the piece:

If anyone would have suggested a year ago that Ohio might be on the verge of legalizing marijuana in 2015, I would have laughed at the idea.

First, Ohio is a conservative Midwestern state that is seldom, if ever, on the cutting edge on social issues.  And second, 2015 is an off-year election, with no statewide or federal elections, meaning the voter turn-out would be lower and the likely voters would be older and less supportive than would be the case if the proposal were on the ballot in 2016, a presidential election year when younger voters turn out in far higher numbers.

But it turns out that Ohio voters may well be voting on marijuana legalization this November.  And the circumstances surrounding this development raise new issues that legalization activists are struggling to deal with.  The proposed constitutional amendment, called the Ohio Marijuana Legalization Initiative, sponsored by a group calling itself Responsible Ohio, would legalize both the medical and the recreational use of marijuana....

[W]hat is unique about this effort is that it is being funded by a few rich private investors who, under the terms of the proposed initiative, would then own the 10 specific cultivation centers around the state authorized to cultivate marijuana commercially.  In other words, those investors who provide the funding to gather the required number of signatures, and to run a professional statewide campaign, would be richly rewarded for their investment, assuming the initiative is approved by a majority of the voters....

Some activists have raised objections to the proposal because it would not permit average Ohioans to compete for the commercial cultivation licenses, although ordinary citizens would be entitled to apply for licenses for the more than 1,000 retail dispensaries that would be authorized, claiming it is undemocratic.  Some opponents have even argued it would be worse than the current prohibition — despite the fact that roughly 17,000 marijuana arrests occur each year in Ohio, and those arrests would largely be eliminated if this initiative were to pass....

At NORML, we recognize there are many inequities in the free market system, with an ever-increasing gap between the rich and the rest of us.  But NORML is not an organization established to deal with income inequality; we are a lobby for responsible marijuana smokers.   So we will leave other issues, including income inequality, to other organizations who focus on those issues, and we will continue to focus on legalizing marijuana.   

And if the investor driven legalization initiative in Ohio qualifies for the ballot, national NORML will almost certainly support it.  And we hope, so will a majority of the voters in Ohio.

July 27, 2015 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Fascinating marijuana reform developments in Italy

Images (6)This lengthy International Busness Times article discusses the history and current status of marijuana policy in Italy.  The piece is headlined "Marijuana Legalization In Italy: 250 Italian Lawmakers Support Cannabis Decriminalization Proposal," and here are excerpts:

Italy may well be on its way to becoming the largest country in Europe to legalize marijuana. An Italian tracking group has found that more than 250 lawmakers from across the political spectrum have given their support to a proposal that would largely decriminalize production, distribution, sale and consumption of marijuana throughout the nation.

The leap may appear far-fetched for a country that just 10 years ago voted in a draconian anti-drug bill that removed any distinction between hard and soft drugs, increasing sentences for pot smokers and heroin addicts alike.

But the legalization movement recently gained momentum, with one of the world's most progressive legislative proposals on marijuana being submitted to the Italian parliament. Drafted by the Intergrupo Parlamentare Cannabis Legale, the legislation would allow anyone over the age of 18 to cultivate as many as five plants at home. Italians could also team up to form a "cannabis social club," with each having a maximum of 50 people growing as many as 250 plants.

In both cases, the product would have to be consumed or shared by the farmers, who would be banned from selling and profiting from it while notifying authorities about their activities. All other individuals would be allowed to store as many as 15 grams of marijuana at home and carry as many as 5 grams, with higher quantities being allowed for medical use. Meanwhile, people who do not follow the new rules would not be subject to criminal charges, but would instead face administrative sanctions. Smoking in public areas would remain strictly prohibited, as would advertising, exporting and importing all cannabis products.

Larger-scale production and sale would be controlled by a state monopoly, with the government regulating the sale of licenses. Retail sales would be restricted to dedicated stores, similar to the cannabis coffee shops in Netherlands.

Italy's pro-legalization movement began in the 1960s with the anti-establishment Radical Party, which, among other things, has distinguished itself for its successful campaigns to introduce abortion and divorce, and for getting the first porn star elected to parliament, Ilona Staller, aka Cicciolina. Its histrionic leader, Marco Pannella, 85, has been the face of Italian anti-prohibition for decades, routinely getting arrested for distributing marijuana as an act of civil disobedience.

However, the party has largely remained a fringe force, backed by the liberal intelligentsia but shunned by the masses. It has never won more than 4 percent of the vote, with the exception of the 1999 European elections, when it garnered 8.5 percent.

Despite the attempts made by Pannella and his colleagues, repression has long been Rome's favored response when it comes to drugs. Its tendency peaked in 2005, with the approval of the aforementioned law equating soft and hard drugs by the center-right government of Prime Minister Silvio Berlusconi. (The legislation was declared unconstitutional in 2014.)...

So, how did cannabis all of a sudden become so popular in Italy's two chambers of parliament? Well, it didn't happen overnight, but the practical reasons in favor of legalization appear to have struck a chord with many MPs.

In Italy, the turning point came this year, when the National Anti-Mafia Directorate (DNA), the authority in charge of fighting organized crime, indicated reforms to decriminalize cannabis-related crimes were needed. In its annual report, it said security forces could no longer afford diverting resources to the fight against cannabis as consumption was spreading despite security forces' "best efforts," noting that repressive action was to date "a total failure."

According to the report, as many as 3,000 tons of cannabis are illegally sold each year in Italy, enough for each citizen, children included, to smoke two to four joints a week. It estimated the total market value as much as $33 billion. And this appraisal is based on the amount of drugs seized by police, which is believed to be a small fraction of the total amount in commerce. From June 2013 to June 2014, the DNA said it intercepted close to 1,900 pounds of heroin, a little less than 10,000 pounds of cocaine and more than 32,000 pounds of cannabis, making marijuana by far the most popular -- and most seized -- drug in the southern European nation.

DNA recommendations on drug policies are not easily ignored in Italy, as this is the authority waging war in Europe against the largest drug cartel, the 'Ndrangheta, and other organized-crime groups that plague the country. The DNA also pulls considerable political weight. For example, Pietro Grasso, the current Senate president, the second highest office in the nation, is its former chief.

Critics say the post-2005 crackdown on drugs has exacerbated systemic problems, engulfing Italy's traditionally congested courts with a wave of low-profile cases that went on to strain the country's overcrowded jails.

Italy is currently struggling to get out of an economic crisis that has left the government desperate for cash. In May, its debt touched a record $2.4 trillion, 132 percent of gross domestic product, which is expected to grow 0.7 percent in 2015 after years of recession. Thus, the prospective of fresh income from taxation and licensing is quite alluring to the government....

According to a study published last year, new business generated by the law could result in an increase of GDP fluctuating between 1.20 percent and 2.34 percent. "Thousands of new jobs could be created," said Della Vedova, the chief promoter of the proposed cannabis legislation. "State income would be absolutely remarkable and quite higher than, for example, that granted by the controversial first-home tax, which today is worth about $3.7 million." Benefits could be even greater, as the figure doesn't take into account resources now allocated to fight cannabis-related crimes, which could be diverted elsewhere.

July 27, 2015 in International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Sunday, July 26, 2015

First primary state poll indicating considerable support for marijuana reform

This new article on some new polling, headlined "Poll Suggests Support For Marijuana Legalization In New Hampshire," suggests that Presidential candidates my face some perils if they fail to face up to the modern marijuana reform movement. Here is why:

Support for marijuana legalization and decriminalization in New Hampshire is rising, particularly among Democrats and undeclared voters, according to a poll released Thursday. The poll, by WMUR-TV in Manchester, revealed that 3 in 5 adults in the first-in-the-nation primary state favor marijuana legalization, while 72 percent support decriminalization.

The poll suggests a growing shift in support in New Hampshire for marijuana-related issues, with pot decriminalization receiving bipartisan support throughout the state. As in much of America, liberals, young adults and Democrats have the highest rates of approval for marijuana-related policy issues, while conservatives, older adults and regular churchgoers primarily oppose it.

"National polls have shown majority support for legalization for a few years now," wrote Tom Angell, the chairman of Marijuana Majority, a pro-legalization advocacy group, in an email, "but this survey of voters in a key primary election state should be of particular interest to presidential candidates who are looking for issues that appeal to large constituencies."

The poll said that 73 percent of registered Democrats support legalization and 80 percent support decriminalization. Quinnipiac polls in the spring suggested that multiple swing states support medical and recreational marijuana, which advocates suggest will become a critical issue during the presidential election....

Angell said he expects the prevalence of support for legalization in key swing states will lead to an endorsement by a major presidential candidate in the 2016 election. "For too long, elected officials have viewed marijuana policy as a dangerous third-rail of politics," Angell wrote in a statement, "but the evidence is now clear that speaking out for ending prohibition will bring immense political benefits to those candidates who get in front of the issue before their rivals do."

July 26, 2015 in Campaigns, elections and public officials concerning reforms, Polling data and results, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Wednesday, July 22, 2015

"Seniors Are Seeking Out States Where Marijuana is Legal"

The title of this post is the headline of this intriguing new Reuters article.  Here are excerpts:

When choosing retirement locales, a few factors pop to mind: climate, amenities, proximity to grandchildren, access to quality healthcare. Chris Cooper had something else to consider – marijuana laws.

The investment adviser from Toledo had long struggled with back pain due to a fractured vertebra and crushed disc from a fall. He hated powerful prescription drugs like Vicodin, but one thing did help ease the pain and spasms: marijuana.

So when Cooper, 57, was looking for a place to retire, he ended up in San Diego, since California allows medical marijuana. A growing number of retirees are also factoring in the legalization of pot when choosing where to spend their golden years. “Stores are packed with every type of person you can imagine,” said Cooper who takes marijuana once or twice a week, often orally. “There are old men in wheelchairs, or women whose hair is falling out from chemotherapy. You see literally everybody.”

Cooper, who figures he spends about $150 on the drug each month, is not alone in retiring to a marijuana-friendly state.... Figuring out how many people are retiring to states that let you smoke pot is challenging since retirees do not have to check off a box on a form saying why they chose a particular location to their final years.

But “there is anecdotal evidence that people with health conditions which medical marijuana could help treat, are relocating to states with legalized marijuana,” said Michael Stoll, a professor of public policy at University of California, Los Angeles who studies retiree migration trends.

He cited data from United Van Lines, which show the top U.S. moving destinations in 2014 was Oregon, where marijuana had been expected to be legalized for several years and finally passed a ballot initiative last November. Two-thirds of moves involving Oregon last year were inbound. That is a 5 percent jump over the previous year, as the state “continues to pull away from the pack,” the moving company said in a report.

The Mountain West – including Colorado, which legalized medical marijuana in 2000, and recreational use in 2012 – boasted the highest percentage of people moving there to retire, United Van Lines said. One-third of movers to the region said they were going there specifically to retire....

Many of the health afflictions of older Americans push them to seek out dispensaries for relief. “A lot of the things marijuana is best at are conditions which become more of an issue as you get older,” said Taylor West, deputy director of the Denver-based National Cannabis Industry Association. “Chronic pain, inflammation, insomnia, loss of appetite: All of those things are widespread among seniors.”

Since those in their 60s and 70s presumably have no desire to be skulking around on the criminal market in states where usage is outlawed, it makes sense they would gravitate to states where marijuana is legal. “In Colorado, since legalization, many dispensaries have seen the largest portion of sales going to baby boomers and people of retirement age,” West said.

July 22, 2015 in Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Friday, July 17, 2015

Interesting profile of interesting marijuana entrepenuers in Washington

The Seattle Times has this lengthy interesting profile of people who have been attracted to the marijuana industry in the pacific northwest.  The piece is headlined "Pot of gold: The new legal marijuana business has created once-in-a-lifetime opportunities." It gets started this way:

Welcome to the weird world of legalized marijuana, with a cast of characters as novel and interesting as the product they’re crazy enough to sell.

Entrepreneurs include a World War II veteran born in 1921 and a University of Washington student born in 1993, plus felons, dreamers and a cupcake queen. Then there’s this bizarre trio: a 79-year-old nationally ranked bird-watcher, a 36-year-old surfer, and former Seahawks star Marcus Trufant, who together own a pot shop in Lacey, one of the state’s more than 150 (and growing) recreational marijuana stores.

It’s always messy to build something from scratch. About half of small businesses fail within five years, according to the U.S. Small Business Administration, and few face as many complications as the marijuana industry.

Taxes are steep. Laws and rules for the strictly regulated business have been in flux since the state’s voters legalized pot in November 2012. Some cities and counties have banned businesses. Many can’t get access to banking. Although unlikely, if the federal government changes its mind on pot, it could shutter businesses and press felony charges.

But those bold enough to launch into this uncertain world see a once-in-a-lifetime opportunity where others balk at risk.

Les LeMieux, a felon convicted of selling drugs, seeks vindication. Pot nearly took everything away. Now, it could set up his family for good.

Evan Cox and his wife, Charity, both high-school and college dropouts, see pot as a means of upward mobility.

Jody Hall, the founder of Cupcake Royale, wants to reshape pot culture.

They’re all just getting started, but what a long, strange trip it’s already been.

July 17, 2015 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Saturday, July 11, 2015

With $70 million in state tax revenue, "Pot money changing hearts in Washington"

The title of this post is drawn from the headline of this new CNN article.  Here are excerpts from an article that does not quite match the headline but captures the important reality of modern changing sentiments:

This week marks the one-year anniversary since sales of marijuana for recreational use began in Washington state. In the first year, $70 million in tax revenue has been generated statewide from marijuana sales. The Washington State Liquor Control Board, which oversees the state's cannabis industry, reports that dispensaries sold more than $257 million worth of marijuana.

Chip Boyden, who owns a medical marijuana dispensary in Tucson, Arizona, jumped at the thought of expanding his marijuana business with family in Washington after the first dispensaries started to open in July 2014. Washington voters passed a law in 2012 to legalize marijuana for adults over 21. When Boyden first opened his shop in Tucson, he said the attitude from the surrounding community was less than supportive, although the state permits medical marijuana usage. "We had people come up and say they aren't against it, but they were unsure who was going to be the demographic for our business," he said.

But in Seattle, Boyden said he noticed a difference in attitude at Hashtag recreational cannabis, a pot shop that Boyden started in April with co-owner Logan Bowers and shop manager Michael Bowers. "We had great support. We didn't have anyone come in a get upset," Logan Bowers said.

Boyden said there's a cultural shift happening in Washington, Colorado and other states that have started to legalize marijuana use. "The recreational market allows people, those who were interested in trying cannabis, to be able to come in and sample different flavors," he explained. "It's more like going into the store and buying a bottle of wine."...

Kris Krane, president of 4Front Ventures, which provides consulting and support for marijuana dispensaries across the United States, said that marijuana legalization and sales will start to become a larger political discussion. "I think 2016 is the year where this is actually an issue in presidential policy that candidates have to answer to," he said.

As for Washington state's first year of marijuana sales, Krane said $70 million in tax revenue actually seems a bit low. "It's important to know that number is not indicative of what we will see in year two or three." He is predicting that those numbers will increase, especially if the excise tax is lowered in the state.

But for dispensary owners and operators Logan Bowers and Michael Bowers, it's not the money that's drawing them into the business. Rather, it is the change in attitude they are seeing. "One thing that struck me most as a manager, is the wide variety of people who come in," Michael Bowers said. "We see older customers bring in their adult children. It's normal people using it. It's everyday people in your neighborhood."

July 11, 2015 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Terrific on-going coverage of marijuana reform issues via International Business Times

I recently had the pleasure of speaking at length to a terrific reporter covering marijuana reform issues for International Business Times, and I told the reporter that I was quite impressed with the extent and sophistication of IBT's on-going coverage of these issues.  Thereafter, it dawned on me that I have not consistently highlighted these realities on this blog space.  But here is just an abridged review of some of the great IBT pieces from various reporters in just the last few weeks:

"Rand Paul Courts Marijuana Investors, But Why Aren’t More Presidential Candidates Embracing Pot?"

"PTSD And Cannabis -- Can Researchers Cut Through The Politics To Find Out Whether Weed Works?"

"Oregon Hopes Legal Weed Will End Race-Based Arrests, But Advocates Wary"

"Marijuana Legalization No Longer ‘Political Suicide’ For Presidential Candidates"

"Chile’s Lower House Of Congress Approves Marijuana Bill"

Researchers Find That Medical Marijuana Laws Increase Recreational Marijuana Use Among Juveniles

Marijuana Legalization In Oregon: Portland Airport Allows Travelers To Bring Weed On In-State Flights

July 11, 2015 in Assembled readings on specific topics, Current Affairs, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Tuesday, July 7, 2015

Terrific RAND commentary spotlights "The 10 Ps of Marijuana Legalization"

1413386689065I just came across this terrific recent lengthy commentary piece at The RAND blog authored by Beau Kilmer.  The piece is titled "The 10 Ps of Marijuana Legalization," and it is a must-read for anyone thinking about modern marijuana reform. Here is how the piece gets started, along with the list of pot Ps:

Up and down the Western Hemisphere, marijuana policy is a growing topic of discussion, and laws are starting to change.

In 2014, retail marijuana stores opened in the states of Colorado and Washington, where anyone over 21 years old can purchase a wide variety of marijuana products: buds, baked goods, candies, drinks, lotions, e-cigarettes infused with hash-oil solutions, etc. Similar stores are expected to open in Oregon and Alaska in the upcoming year. While marijuana remains illegal under U.S. federal law, the Obama administration has decided not to block these efforts.

At the southern end of the hemisphere, Uruguay became the first country in the world to remove its prohibition on marijuana in late 2013. While the new law allows users to grow their own, join a cooperative, or purchase marijuana from a participating pharmacy — those who want to legally obtain marijuana must choose one of these options and register with the government — it remains unclear when the pharmacy option will be made available.

In addition, both Colombia and Costa Rica have bills in Congress that would make allowances for medical marijuana. In February, Jamaica passed a law to decriminalize personal possession and create a regulatory system for supplying marijuana for medical and religious purposes. In April, the Chilean congressional health committee approved a bill to legalize home marijuana production for medical and nonmedical purposes. The bill has now moved to the lower house of the Chilean Congress.

Legalizing marijuana for nonmedical purposes is especially controversial, with many arguments made by advocates on all sides of the debate. For example, those seeking to legalize marijuana hope to diminish the black market and the violent crime that can be associated with the trade, depending on the country. They also want less money going to criminal organizations and more to governments via taxation; however, the revenue aspect has been much more a topic of discussion in the United States than in Uruguay. Legalization proponents do not want people arrested and incarcerated for marijuana use, often saying that it does more harm than good and that it is an inefficient use of criminal justice resources. Finally, many advocates argue it is hypocritical to allow alcohol to be legally consumed but not marijuana.

Those on the other side of the debate worry that legalization will increase marijuana consumption — especially among youth — because of increased availability, reduced stigma, lower prices, and marketing (when it is allowed). Marijuana is not a harmless substance, and its consumption is correlated with adverse outcomes (e.g., high school drop-out, mental health disorders); however, it is often hard to prove that marijuana use causes those outcomes. There is, on the other hand, clear causal evidence linking marijuana use to accidents, cognitive impairment during intoxication, and anxiety and panic attacks that sometimes lead to emergency-room visits. Persistent heavy users run the risk of becoming dependent and also suffering from bronchitis. There is also strong evidence linking heavy marijuana use with psychotic symptoms, cardiovascular disease, and testicular cancer. We know very little about the health consequences — both harms and benefits — of the new marijuana products that are proliferating in places that have legalized.

Since no jurisdictions had removed the prohibition and legalized production before these experiments (not even the Netherlands goes this far), it is difficult to project the consequences. Further, legalization is not a binary choice; several decisions need to be made that will ultimately shape whether legalized marijuana ends up being good or bad for society.

Based on insights obtained from a series of research collaborations and through consulting with various government entities, I have identified 10 important choices confronting jurisdictions that legalize. Conveniently, they all begin with the letter “P.”...The 10 Ps 1. Production.... 2. Profit motive.... 3. Promotion.... 4. Prevention.... 5. Policing and enforcement.... 6. Penalties.... 7. Potency.... 8. Purity.... 9. Price.... 10. Permanency....

July 7, 2015 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Medical community perspectives, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, July 1, 2015

Ohio marijuana reform story getting even more dynamic and constitutionally complex

Ohio_constitution-592x394Regular readers know that I have been flagging Ohio as a state to watch closely in for the distinctive and dynamic marijuana reform discussions and debates taking place in the Buckeye State.   This new report from Time with the latest news on the latest developments highlights why I now have a front-row seat for watching novel issues unfold in the months ahead.   The headline of the piece is "Ohio Legislature Strikes Back Against Marijuana Legalization Bid," and here are excerpts:

A campaign to legalize marijuana in Ohio took a step closer to making November’s ballot Tuesday, after its promoters turned in more than twice the required number of signatures.

But the measure will face competition at the polls.  Ohio legislators also approved their own ballot measure on Tuesday to undermine the pot plan, which lawmakers worried would amount to a “marijuana monopoly” because of its provision that only 10 growers would control the wholesale pot market.  The lawmakers’ measure would block other measures that benefit select economic interest groups.

The marijuana ballot measure campaign, dubbed Responsible Ohio, is just one of many ballot measures in recent history that are designed to benefit their backers.  The companies funding the Responsible Ohio campaign would control — and likely profit from — the marijuana growth sites should the measure pass.

As detailed by the Center for Public Integrity, the campaign’s director, Democratic activist Ian James, came up with the idea and is planning to pay his own firm $5.6 million to push the ballot initiative.

Ohio Rep. Mike Curtin, a Democrat, said he sponsored the anti-monopoly measure because he opposes the way Responsible Ohio is using the citizen-initiated constitutional amendment, not because he opposes pot legalization.  “Are we going to allow a small group of investors, who have literally no background in drug policy… to carve themselves a special niche in our state’s founding document?” he said.  “To me it’s galling. It’s nauseating.”

But James said voters should have the right to decide the issue.  “Some statehouse politicians believe the voters are smart enough to elect them, but they aren’t smart enough to decide ballot issues like marijuana legalization,” he said in an earlier statement....

If voters approve both of the conflicting measures, Ohio law says whichever gets the most votes would win.  But Secretary of State Jon Husted, a Republican, recently said that if both passed, the legislatively referred anti-monopoly measure would block Responsible Ohio’s plan because citizen-initiated measures take 30 days to go into effect.

The issue could end up before a judge.  If both pass, “we have a very interesting court fight on our hands,” Curtin said.

Some prior related posts:

July 1, 2015 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, June 25, 2015

Reviewing SAM's take on recent marijuana reserch and reform developments

DownloadAs regular readers surely realize, I tend generally to favor modern marijuana reform efforts. Consequently, I tend generally to notice and feel most inspired to blog about research and press reports that tend generally to favor modern marijuana reform efforts. But I fully recognize, and generally have respect for, the many policy-makers and advocates who strongly oppose modern marijuana reform efforts.

Especially because I think it is critical in this space and elsewhere that competing voices are heard and dynamic perspectives considered in modern marijuana reform debates, I am ever grateful for the efforts of Kevin Sabet and his group SAM: Smart Approaches to Marijuana for covering and promoting reform-opposition research and developments. And, and these recent posts from the SAM blog highlight, SAM has has a lot to say on these topics over just the last 10 days:

June 25, 2015 in Assembled readings on specific topics, Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate | Permalink | Comments (2)

Sunday, June 21, 2015

Noticing significant tax revenues now flowing from marijuana legalization

How-colorado-allocates-marijuana-taxes_largeThe Motley Fool folks have been keeping an eye on the modern marijuana industry, and this recent article highlights why these folks reasonably think the industry is likely to continue to grow. The article is headlined "These 3 Charts Show Why More States Will Soon Legalize Marijuana," and here are excerpts (along with a reprinting of one of the referenced charts):

Want to know why states are legalizing recreational marijuana? Let me give you a hint: It has something to do with the color green. Not the color of the plant, but the color of money.

Because recreational marijuana has now been legal in Colorado and Washington for 18 months and 11 months, respectively, we're finally starting to see just how lucrative the recreational-marijuana business is.... In March alone, consumers in Washington purchased $21.9 million worth of recreational cannabis through legal channels. That was more than twice the amount of the $8.3 million spent on medical marijuana that month.

The rapid ascent of recreational-marijuana sales is nothing short of extraordinary. In July 2014 -- i.e., the inaugural month of recreational sales in Washington -- the handful of stores open at the time sold a mere $2.8 million worth of weed. Over the next eight months, this figure climbed by a factor of 10....

The upshot for the state is a rapidly expanding tax roll. If you add together the taxes that Washington receives from both recreational- and medical-marijuana sales, it's creeping up on $4 million a month. And for the record, it may have eclipsed that mark already, given that the latest available data covers just the month of March.

Colorado is experiencing a similar windfall, as it generates even more tax revenue from legal marijuana sales than Washington does. Last month, taxes from the industry came in at $9.6 million. And if you include the $1.1 million in revenue it received from licensing and other types of fees, you get more than $10.6 million....

In short, say what you will about the legalization of marijuana, particularly for recreational sales, but one thing seems certain: As sales and taxes from the industry continue their sharp ascent, it's going to be hard for other states to stand by idly and watch their neighbors get rich.

June 21, 2015 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Friday, June 19, 2015

Spotlighting how US marijuana reform is already having a global impact

Download (2)This intriguing new Forbes article, headlined "Israel, Canada Want A Piece Of New York's Medical Marijuana," highlights a number of ways in which marijuana reform in the United States is already changing a number of notable global realities.  Here are excerpts: 

For years the United States worried about drugs crossing our borders from other countries, now it seems other countries are crossing our border to get into drugs. Namely – cannabis.  While most believe that the U.S. is conservative in its approach to marijuana, the recent push for legalization has suddenly thrust America’s marketplace into a cannabis leadership position.

The potential for the U.S. market is so big, that companies from other countries want in. Israel wants in on the action in New York.  Marijuana is illegal in the country, but in a twist, the country is a world leader on its research into the medical uses of marijuana. Tikun Olam, which means ‘healing the world’ in Hebrew, is the only large-scale industrial producer of cannabis in Israel and operates under a license from the Israel Ministry of Health.  Tikun Olam announced that it was partnering with Compassionate Care Center of New York and applying to be a Registered Organization under New York’s Compassionate Care Act....

MedReleaf, another Canadian manufacturer of medical-grade cannabis announced it entered into an exclusive partnership with New York State Compassionate Care Center of New York.  CCCNY has also applied for one of the five licenses to be awarded in New York State and while it hasn’t gotten any approvals, it has established a greenhouse in Newark, NY ready for immediate production.  MedReleaf operates a 55,000 square foot facility in Markham, Ontario and is one of the largest suppliers in the Canadian market.  Tikun Olam is also partnered with MedReleaf in Canada and grows some of Tikun’s proprietary strains.  Canada has been very progressive in setting up its medical marijuana program and the companies there want to expand....

The changes taking place in the US are also affecting Mexico, another long time black market partner.  Marijuana seizures at the border are half of what they were five years ago.  Mexican farmers are ripping up their cannabis plants and turning to subsidized tomatoes. Mexico decriminalized small amounts of pot, but hasn’t gone as far as the US in legalization.  The drug cartels are switching to more expensive products like heroin and luxury strains from Colorado are in demand in Mexico according to Bloomberg and creating a reverse in the trafficking.

The exchange goes both ways.  Jamaica may have an established black market business, but its looking to U.S. firms to become legitimate.  Jamaica only recently decriminalized marijuana, which is hard to believe that it wasn’t already legal.  Any tourist to the country was usually offered ganja on the shuttle bus from the airport to their hotel.  Jamaica, the biggest supplier of black market pot to the U.S., kept it illegal to make officials in this country happy.  With our laws easing up, they felt like they had the green light to acknowledge that marijuana shouldn’t be punished within its country. United Cannabis Corp based in Colorado has launched a partnership with Jamaican agencies for a marijuana research and development facility.  The Cannabinoid Research & Development Company is considering a headquarters in Kingston Jamaica for pharmaceutical research and with the goal to standardize strains.

As the domestic cannabis growers become more established, it isn’t inconceivable they too will want to take their knowledge and experience to other markets.  As the medical marijuana market matures, global partnerships will become more frequent blurring those old drug wars.

June 19, 2015 in Business laws and regulatory issues, History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Thursday, June 18, 2015

Oregon agency effectively encourages citizens to "Educate Before You Recreate"

ImagesAs reported in this local article, headlined "Oregon launches campaign saying what's legal with marijuana," an important public service campaign has gotten underway in Oregon roughly seven months after Oregoinians voted to legalize marijuana in the state. Here are the details:

As Oregonians prepare to enter the new world of legal marijuana, the state wants folks to know a few things.

With the slogan, "Educate Before You Recreate," The Oregon Liquor Control Commission has launched a public education campaign to put across the message that although it will be legal for anyone over the age of 21 to possess and use marijuana starting July 1, it is not yet legal for anyone but medical marijuana patients to buy it — including bringing it back from across the border in Washington state, where recreational marijuana is already legal. The $350,000 campaign includes paid ads, an official website with a PowerPoint presentation, and posts on Facebook, Twitter and Instagram.

Under Measure 91, starting July 1, anyone over 21 in Oregon can possess up to 8 ounces of usable marijuana, such as dried buds at home and up to one ounce outside the home. You can consume marijuana at home or on private property. You can grow up to four plants per residence at home out of public view. You can make brownies and other edible products at home and receive them as gifts. And you can give away marijuana and receive it as a gift.

It is illegal to buy or sell recreational marijuana and to transport it across state lines. That includes buying some from a legal retail outlet in Washington state and bringing it home to Oregon. It is illegal to smoke marijuana in public or to drive while stoned. Measure 91 will not protect you if your employer prohibits drug use, especially if there is a federal connection, because marijuana remains illegal under federal law. And if your landlord prohibits smoking in your apartment, you can be evicted for smoking marijuana, but not for eating it...

The OLCC does not expect to have the chain of retail recreational marijuana growers, processors, wholesalers and sales outlets permitted and operating until late in 2016. There has been talk in the Legislature about jumpstarting that by allowing recreational marijuana sales through medical marijuana dispensaries as early as October, but that remains up in the air....

John Bishop, executive director of the Oregon State Sheriffs' Association, says anyone buying or selling marijuana without a license is still subject to arrest. But he adds that authorities will continue to focus on large amounts of marijuana.

June 18, 2015 in Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, June 16, 2015

Among Prez candidates, "Marijuana Federalism Beats Prohibitionist Meddling"

The quoted portion of this post comes from the headline of this recent Reason piece by Jacob Sullum, which canvasses at length the comments made by 2016 presidential candidates about whether they would respect state effort to reform their marijuana regimes in the shadow of federal prohibition.  Here is how the piece starts and ends:

Last week New Jersey Gov. Chris Christie reiterated his intention to crack down on marijuana in states that have legalized it if he is elected president.  In an interview on Face the Nation, Christie answered "yes" when asked whether he would "return the federal prosecutions in these states," "yes" when asked if he would "go after" marijuana, and "correct" when asked if legalization would be "turned off."

If he were president, Christie could make a lot of trouble for state-licensed growers and retailers, but he would not actually have the power to make Colorado, Washington, Alaska, and Oregon recriminalize marijuana.  Furthermore, any attempt to override the decisions made by voters in those states would arouse strong objections — and not just from supporters of legalization. Illustrating that point, another Republican presidential contender, former Hewlett-Packard CEO Carly Fiorina, disagreed with Christie.  "Colorado voters made a choice," she said in a Fox News interview last Tuesday. "I don't support their choice, but I do support their right to make that choice."

As I noted in March, that stance is pretty common among Republicans seeking their party's presidential nomination, and it seems politically smart, since even voters who hate marijuana do not necessarily think the federal government should force prohibition on states that do not want it.  A recent Pew Research Center survey found that three-fifths of Americans think the feds should not "enforce federal marijuana laws" in states that have legalized pot.  Even more striking: A 2012 CBS News survey found that 65 percent of Republicans thought "laws regarding whether the use of marijuana is legal or not should be…left to each individual state government to decide," even though only 27 percent supported Colorado-style legalization....

In short, Chris Christie's determination to stamp out marijuana legalization puts him in the minority among presidential candidates, among Republicans, and among the general public. "I don't believe that people want to be told just what they want to hear," he said on Face the Nation. "I believe they want to be told the truth as the person who is running sees it." There's a startling proposition: In 2015, it seems, promising to keep marijuana illegal counts as courage.

June 16, 2015 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, June 11, 2015

Starting remarks to start Ohio Marijuana Policy Reform Symposium

As regular readers know, the exciting the Ohio Marijuana Policy Reform Symposium (details here) is taking place today,June 11, 2015, at The Ohio State University Moritz College of Law.  Though formal registration is over, because there is no charge for attending this exciting Symposium at Ohio State, I encourage anyone still interested in attending to make it over to the College of Law because there may still be some limited space in the auditorium (and a few extra donuts and lunches).

I have the honor and privilege of giving brief opening remarks for the event (which formally starts at 10:30am), and I plan to start my remarks this way:

Marijuana reform is a very serious issue.  But, until recently, it has been hard to get serious people to take this issue very seriously.  Disconcertingly, it seems elected officials are especially eager to ignore (or even make jokes) about the very serious issue of marijuana reform even as more and more citizens and voters, young and old, healthy and sick,  keep saying in polls and keep showing on election day that they are troubled by blanket criminal prohibition and are eager to have significant policy reforms seriously considered.

June 11, 2015 in Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, June 10, 2015

Seeking questions from readers to ask during "Ohio Marijuana Policy Reform Symposium"

As regular readers know, the exciting  Ohio Marijuana Policy Reform Symposium (details and registration here) is taking place tomorrow June 11, 2015, at the The Ohio State University Moritz College of Law.  Though I hope everyone interested in marijuana reform in the Buckeye State is making plans to attend the event in person, I know there are plenty of folks interested in marijuana reform who will not be able to attend the live event.  Consequently, I wanted to use this space to solicit question from those unable to make the Symposium concerning what issues and topics they would like to have covered.  

I am pretty sure the full event will be available via podcast before the end of the day tomorrow, so anyone who suggests good questions in the comments or via e-mail (to sentencinglaw @ gmail.com)  will be able to hear the answers.   Though I am a panelist on the afternoon "academics" panel, I will be moderating the morning panel of the  Symposium, which starts with The Marijuana Policies of Ohio Taskforce, chaired by Hamilton County Prosecutor Joe Deters, presenting the findings of its comprehensive research report titled "Marijuana & Ohio: Past, Present, Potential."  There will be an audience Q&A session after the Taskforce presentation, but I would work in as a moderator any especially good questions received from this solicitation.

As I have mentioned before, mportantly, there is no charge for attending this exciting Symposium at Ohio State tomorrow, but space in the auditorium can get limited so I highly encourage everyone interested in attending to pre-register via this webpage.

June 10, 2015 in Initiative reforms in states, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, June 9, 2015

"Marijuana & Ohio: Past, Present, Potential"

Download (12)The title of this post is the title of the fascinating Taskforce report that is to be formally released and extensively discussed at this Thursday, June 11, as the Ohio Marijuana Policy Reform Symposium (details and registration here).  Because I am going to be critically assessing this report at the Symposium, I have gotten to see an advance draft of the long and detailed report which is described as a "research-based public policy review and discussion."  Because the report is filled with lots and lots of information, I likely will be reading and re-reading the draft nearly non-stop before I talk about the report in a few days.

The draft report, which is even longer and more data-heavy than I had expected, confirms my belief that this Taskforce report will greatly advancw public information and understanding as the debate over marijuana reform heats up in Ohio and nationwide in the months ahead.  Indeed, a letter from the Chair of the Marijuana Policies of Ohio Task Force, Hamilton County Prosecutor Joe Deters, stresses this point at the front of the document:

The question of changing Ohio’s approach to marijuana policy may soon be put before voters – most likely on the November 2015 ballot. The rapid pace of change in marijuana policy across the country, however, has made it difficult to keep up with the experiences, research, and practices occurring in different states. Political arguments from all sides of this debate have made it even more challenging to separate fact from opinion.

As a county prosecutor, I have seen firsthand how ineffective, inefficient, and sometimes harmful, our current marijuana laws are, but I know that voters need more than my perspective – or that of any elected official – to make their decision. Ohio cannot afford to make decisions about marijuana policy and law based on unsubstantiated and often unsupported talk on both sides of the issue. Ohioans need and deserve an honest and in-depth assessment of the positive and negative impacts that ending marijuana prohibition may have, so they can make up their own minds.

It is this need for an honest, fact-based appraisal that led me to chair this Taskforce....

[T]his report does not endorse any issue or side, and it does not recommend Ohioans vote one way or another. Instead, it provides a straightforward collection and analysis of current research, data, and best practices from around the country.

I believe this report will give Ohioans the clear information they need to make informed decisions, in November and thereafter, about potential changes to Ohio’s marijuana policies and laws. I look forward to continuing this important discussion throughout Ohio in the coming weeks and months.

I am very excited to help lead a discussion of this report at the Moritz College of Law later this week. Importantly, there is no charge for attending the Symposium on June 11, but space in the auditorium can get limited so I highly encourage everyone interested in attending to pre-register via this webpage.

June 9, 2015 in Initiative reforms in states, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (1)

Monday, June 8, 2015

What an Ohio high school kid thinks about marijuana reform: "Marijuana legalization as viewed from the trenches of youth"

ImagesThe quoted portion of the title of this post is the headline of this interesting new commentary authored by Karina Baffa and published by cleveland.com. According to the piece, Ms. Baffa "graduated Monday from Fairview High School, in Fairview Park, where she researched the ramifications of marijuana legalization as part of a senior project."  The piece merits a full read, and here are some excerpts from the start and end of the piece:

As a recent high school graduate, I have seen the short- and long-term effects of marijuana from all aspects of my life. I believe that the opinions and viewpoints of our younger generation are vital when it comes to the decision to legalize marijuana.

Even though this drug has positive medical uses and effects, it is still a mind-altering drug that needs to be legally regulated and used responsibly when utilized for recreational purposes.

As a member of society, I believe the legalization of marijuana would implement a plethora of health and economic benefits. Studies portray a decrease in violence and aggressive behavior after someone smokes marijuana, as opposed to people intoxicated with alcohol, who can sometimes get violent and make poor decisions, causing thousands of deaths per year....

From my personal experiences, I can confidently assert that whether or not marijuana is illegal, anyone who wants to smoke it will do so. The use of marijuana, like practically anything, is bad only if you make it bad. The advantages that legalized marijuana would bring to today's society include more profit for business people and more revenue for government, reduced crime and violence, and a beneficial alternative to detrimental drugs that already are legal, such as cigarettes and alcohol.

Overall, from my viewpoint as a recent high school graduate, I strongly believe the legalization of marijuana would be a positive step.

Among the meta-stories I find notable from this piece is the simple fact that Ms. Baffa decided to, and her high school allowed here, to make study of the ramifications of marijuana legalization be part of an official senior project. I suspect just a few years ago, a public high school in Ohio would not have considered this a proper subject from study.

With this piece serving as kind of a sign of the times in Ohio, I am hopeful everyone interested in this topic within the state (including Ms. Baffa) is now making plans to attend the exciting Ohio Marijuana Reform Symposium taking place later this week at my own Moritz College of Law.  As described on this registration page, a notable set of speakers will be presenting and assessing on Thursday, June 11, 2015, on the campus of The Ohio State University the findings of a big new report about marijuana reform in the Buckeye State.

June 8, 2015 in History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Saturday, June 6, 2015

"Recent pot legalization ... has galvanized some to mix weed and sex to make some money."

Marijuana-turns-anyone-into-sex-craving-person-reefer-madness-1936The title of this post is from a sentence in this notable new OZY article, which is headlined "Getting Stoned, Getting Freaky." Here are some (amusing? prurient? silly?) excerpts:

[G]etting intimate while getting high is not exactly a 21st-century invention. Cannabis was used for a range of medicinal purposes more than 10 centuries ago in ancient India, including — you guessed it — as a turn-on trigger.  There are at least 18 variations of bhang, a grass-infused drink that was used as a sort of love potion in the ancient Ayurvedic and Unani Tibbi systems of medicine, according to the United Nations Office on Drugs and Crime.  Some experts, like anthropologist Christian Rätsch in his book Plants of Love: The History of Aphrodisiacs and a Guide to Their Identification and Use, argue that weed was a central component to the sexual part of ancient Hindu and Buddhist Tantra, though it’s still up for debate how prominently it was featured.

And modern science hasn’t exactly cleared the haze when it comes to pot’s effect on sex. A flurry of studies in the 1980s found mixed results, with some noting that bud put a serious damper on sex while others found it lit a fire under the bed, according to Michael Castleman, a journalist who specializes in sexuality.  Research into the weed/sex tie-up went on hiatus until about a decade ago, when Canadian researchers picked up the torch and found that one-third of interviewees used weed specifically for its sex-enhancing properties, while another third said it “seldom” or “never” improved sex.  “It doesn’t work the same way for everybody,” warns Andrew Hathaway, one of the study’s authors and an associate professor of sociology at the University of Guelph.

Today, weed can seem like one person’s magical cup of tea and not another’s because it’s not an objective aphrodisiac per se, says Dr. Lester Grinspoon, professor emeritus of psychiatry at Harvard Medical School and one of the most widely known marijuana researchers.  Marijuana doesn’t increase libido or sexual performance so much as it enhances the sensations of sex. Just like how food tastes better and music sounds better while stoned, Grinspoon says, “sex feels better.”  When he first started smoking in his 40s, it took Grinspoon a few tries to feel anything.  It finally struck him that he was high when he got into bed, he says. But nowadays getting stoned is a bit different given how much stronger the drug is.  Smoking too much can make someone fold in on themselves or become paranoid, which isn’t exactly the sexiest move.

Science be damned, weed-centric entrepreneurs are seemingly willing to try anything to make money in an industry that many are calling the Wild West.  Recent pot legalization in a number of U.S. states — the big vote in California happens during next year’s election — has galvanized some to mix weed and sex to make some money. There’s Foria, a well-received marijuana-infused sex lube for women, and more products are likely to follow.  Even some porn stars are cashing in by partnering with growers and having smoke sessions on live cams with fans, says Chauntelle Tibbals, a sociologist who has done extensive research on the adult entertainment industry.  Hell, there’s even an ad for a sex columnist “with weed focus.”

There’s obviously a lot more at stake here than making money.  Pro-weed activists promote weed as an immaculate aphrodisiac that can help deter date rape, since alcohol tends to lead to aggression while pot tends to have the opposite effect.  But critics warn the drug’s strength will lead to unsafe sex.  The reality, says Tyler Osterhaus, an anti-violence educator who has worked for the Colorado Department of Public Health and Environment’s Sexual Violence Prevention Program, is somewhere in the middle.  He adds, however, that weed can certainly lower someone’s guard and make them vulnerable to sexual violence.

June 6, 2015 in History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Science | Permalink | Comments (1)