Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, May 18, 2018

Interesting report on new study of state of marijuana in state of California

Images (11)This new Forbes article, headlined "New Study Highlights The Social Impacts Of Cannabis Legalization In California," details some highlights from an interesting new survey of Californians in the wake of the state's vote to legalize marijuana. Here are excerpts:

A recent study by BDS Analytics, a cannabis industry market trend and research group, suggests the impact of legalization has shifted Californians’ attitudes, opinions, motivations and actions in regards to cannabis. It also reveals an abundance of details about those who consume, accept and reject the plant, not only illustrating a shift in social culture, but also indicating — at least in the Golden State — cannabis’ archaic stigma is en route to extinction.

The survey assessed 1,001 California residents over 21-years-old in the first quarter of 2017, benchmarking public opinions and behaviors toward legal cannabis. Another group of 1,008 people was then evaluated in quarter one of 2018, examining the public's views toward cannabis laws, efficacy, and testing.

The survey yielded three clear groups. The "consumers,” whose average age is 39-years-old, and have used marijuana or products containing cannabinoids in the past six months. “Acceptors,” whose median age is 49-years-old, and haven’t used cannabis in the past six months, but would consider using it in the future. Lastly, “rejecters,” whose average age is 56-years-old, and haven’t consumed cannabis in the last six months and are not likely to consider future use.

According to the report, there’s been a significant increase in cannabis consumption among Californians' over the past year. Consumers currently account for 29 percent of adults in California, which is up from 23 percent in 2017. The number of acceptors, on the other hand, declined from 38 percent in 2017 to 33 percent in 2018, suggesting more people are currently using cannabis than they were a year ago. Additionally, the number of rejecters decreased from 40 percent in 2017 to 38 percent in 2018, implying the tolerance and acceptance of cannabis is becoming more common.

The reason acceptors and rejecters choose not to use cannabis, the study notes, is because they don't like how it makes them feel. Moreover, 25 percent of rejecters say pot makes them feel dysfunctional. Over a third of non-consumers say they'd be more inclined to use marijuana for the health benefits if they didn't have to endure its effects. In regards to compassionate-use, however, nearly 50 percent of rejecters say they'd want an ill loved-one to use cannabis if it eased their pain....

In 2017, BDS' data showed 63 percent of consumers lived in cities. According to Gilbert, that's where dispensaries have traditionally been located, making it easier for people to access and consume cannabis. Although 2018's survey results still show that most consumers live in cities, that number's dropped to 45 percent. In 2017, 31 percent of consumers lived in the suburbs, while only 4 percent of consumers lived in small towns. Those numbers jumped considerably in 2018. Now, 40 percent of consumers live in suburbs while 10 percent live in small towns....

The report also shows that next to the 68 percent of consumers who are Caucasian/white, nearly 45 percent of consumers are Hispanic-- quadrupling the percentage of consumers of other ethnicities. "This is one of the areas showing that cannabis use is becoming more aligned with how California looks generally," Gilbert says. "California is more likely to be Hispanic than anything else."

The data also found that only 32 percent of consumers are married, whereas 44 percent of both acceptors and rejecters are married. Interestingly, 58 percent of consumers have children. 44 percent of consumers have children over the age of 10 at home, while 28 percent of consumers have children under 10-years-old at home. In general, the stigma is deteriorating (in California). But it clings with fervor to specific groups of people, particularly parents—and even more so with mothers. Parents who use cannabis are often seen as irresponsible and incompetent caretakers. Thus, many often remain in the "green closet" and hide their use. But no judgment is passed for drinking wine....

The study also found, despite the lazy-stoner-stereotype, 53 percent of consumers work full-time jobs and have an average annual income of nearly $70,000. Only 44 percent of acceptors have full-time jobs, and 33 percent of rejecters work full-time. Although consumers are educated, only 10 percent of them have a master’s degree or higher. 21 percent of rejecters and 15 percent of acceptors have higher education degrees....

Although most of the report's findings provide evidence disproving the stigma, the study disclosed one confusing (read: alarming) revelation. According to the survey, consumers, who mostly identify as liberal, are less likely to believe it's important to vote in every election. Only 57 percent of consumers in 2018 think it’s important to vote, which is down from 71 percent in 2017. Rejecters, at 72 percent, and acceptors, at 67 percent, express a greater interest in social activism.

May 18, 2018 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, May 17, 2018

"Planting the seed for marijuana use: Changes in exposure to medical marijuana advertising and subsequent adolescent marijuana use, cognitions, and consequences over seven years"

Download (14)The title of this post is the title of this notable new research now appearing in the journal Drug and Alcohol Dependence.  Here is its highlights and abstract:

Highlights

• Many adolescents are exposed to medical marijuana (MM) advertising.

• MM advertising exposure may contribute to increased marijuana use and consequences.

• Regulations for marijuana advertising are needed, similar to tobacco and alcohol.

Abstract

Background

Marijuana use during adolescence is associated with neurocognitive deficits and poorer functioning across several domains.  It is likely that more states will pass both medical and recreational marijuana legalization laws in the coming elections; therefore, we must begin to look more closely at the longitudinal effects of medical marijuana (MM) advertising on marijuana use among adolescents so that we can better understand effects that this advertising may have on their subsequent marijuana use and related outcomes.

Methods

We followed two cohorts of 7th and 8th graders (mean age 13) recruited from school districts in Southern California from 2010 until 2017 (mean age 19) to examine effects of MM advertising on adolescents’ marijuana use, cognitions, and consequences over seven years.  Latent growth models examined trajectories of self-reported exposure to medical marijuana ads in the past three months and trajectories of use, cognitions, and consequences.

Results

Higher average exposure to MM advertising was associated with higher average use, intentions to use, positive expectancies, and negative consequences.  Similarly, higher rates of change in MM advertising exposure were associated with higher rates of change in use, intentions, expectancies, and consequences over seven years.

Conclusions

Results suggest that exposure to MM advertising may not only play a significant role in shaping attitudes about marijuana, but may also contribute to increased marijuana use and related negative consequences throughout adolescence.  This highlights the importance of considering regulations for marijuana advertising, similar to regulations in place for the promotion of tobacco and alcohol in the U.S.

This RAND press release provides an account of the research behind this new article, and it begins this way:

Adolescents who view more advertising for medical marijuana are more likely to use marijuana, express intentions to use the drug and have more-positive expectations about the substance, according to a new RAND Corporation study.

The findings—from a study that tracked adolescents' viewing of medical marijuana ads over seven years—provides the best evidence to date that an increasing amount of advertising about marijuana may prompt young people to increase their use of the drug. The study was published by the journal Drug and Alcohol Dependence.

May 17, 2018 in Business laws and regulatory issues, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Wednesday, May 16, 2018

"Estimated Tax Revenues from Marijuana Legalization in New York"

The title of this post is the title of this notable new report released yesterday by New York City Comptroller Scott M. Stringer.  Here is how it gets started: 

In just the past six years, voters in eight states and the District of Columbia have passed ballot measures to legalize the adult use of marijuana.  At least seven more states may follow suit this fall.  In total, over half of states have legalized marijuana for medical purposes since California first did so in 1996.  This dramatic change in public attitudes is reflective of changes as measured by survey data, with 61% of Americans now supporting lifting the ban on marijuana.  More than just a change in attitudes toward marijuana itself, the growing movement for legalization also acknowledges the immeasurable harm done by the criminalization of marijuana use, especially among communities of color.

New York State’s 2014 Compassionate Care Act legalized marijuana for medical use. Legislation to legalize adult marijuana use, the Marijuana Regulation and Taxation Act, has been reintroduced in each subsequent legislative session.  In his Executive Budget for State Fiscal Year 2018-2019, Governor Cuomo proposed a study of the economic impacts of legalization and the implications of continuing to prohibit use while other nearby states move to legalize.  In this report, New York City Comptroller Scott M. Stringer provides an estimate of the fiscal impact of legalizing adult-use marijuana sales in New York.  This report estimates the legal, adult-use marijuana market at some $3.1 billion per year in New York State, about $1.1 billion of that in New York City.  In turn, the Comptroller’s Office estimates that this market could conservatively yield annual tax revenues of as much as $1.3 billion total at the State and City levels.  That assumes a combination of state and local sales and excise taxes in line with what other jurisdictions have passed that could yield up to $436 million in revenues for the State, $336 million for the City, and some $570 million for localities outside of the city.  Of course, the total revenues realized at the State and local levels would depend on the final outcome of any legalization effort.

Beyond the mere dollars that legalization could yield, decriminalization has clear human and societal benefits.  In states where adult marijuana use has been legalized, there have been declines in teenage usage of marijuana, and public health and safety concerns have been addressed.  Finally, misdemeanor marijuana arrests continue to fall most heavily on young Black and Latino New Yorkers, despite a higher reported usage rate among White youth. Erasing the harmful repercussions, including the stigma of a criminal record, would open doors that have been closed to too many for too long, yielding incalculable human, economic, and societal benefits.

May 16, 2018 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Thursday, May 10, 2018

"Driving While Stoned: Issues and Policy Options"

The title of this post is the title of this notable new paper now available via SSRN authored by Mark A.R. Kleiman, Tyler Jones, Celeste Miller and Ross Halperin. Here is its abstract:

THC is the intoxicant most commonly detected in US drivers, with approximately 13% of drivers testing positive for marijuana use, compared to the 8% that show a measurable amount of alcohol (NHTSA, 2015). (The two figures are not strictly comparable because cannabis remains detectable for much longer than alcohol, and also for long after the driver is no longer impaired; therefore, the difference in rates does not show that stoned driving is more common than drunk driving.)  Cannabis intoxication has been shown to impair reaction time and visual-spatial judgment.

Many states, including those where cannabis sales are now permitted by state law, have laws against cannabis-impaired driving based on the drunk-driving model, defining criminally intoxicated driving as driving with more than a threshold amount of intoxicant in one’s bloodstream — a per se standard — as opposed to actual impairment.  That approach neglects crucial differences between alcohol and cannabis in their detectability, their pharmacokinetics, and their impact on highway safety.

Cannabis intoxication is more difficult to reliably detect chemically than alcohol intoxication.  A breath alcohol test is (1) cheap and reliable; (2) sufficiently simple and non-invasive to administer at the roadside; and (3) a good proxy for alcohol in the brain, which in turn is (4) a good proxy for subjective intoxication and for measurable driving impairment.  In addition, (5) the dose-effect curve linking blood alcohol to fatality risk is well-established and steep.

None of those things is true for cannabis.  A breath test remains to be developed.  Oral-fluid testing can demonstrate recent use but not the level of impairment.  A blood test requires a trained phlebotomist and therefore a trip to a medical facility, and blood THC levels drop very sharply over time-periods measured in minutes.  Blood THC is not a good proxy either for recency of use or for impairment, and the dose-effect curve for fatality risk remains a matter of sharp controversy.  The maximum risk for cannabis intoxication alone, unmixed with alcohol or other drugs, appears to be more comparable to risks such as talking on a hands-free cellphone (legal in all states) than to driving with a BAC above 0.08, let alone the rapidly-rising risks at higher BACs.  Moreover, the lipid-solubility of THC means that a frequent cannabis user will always have measurable THC in his or her blood, even when that person has not used recently and is neither subjectively intoxicated nor objectively impaired.  That suggests criminalizing only combination use, while treating driving under the influence of cannabis (however this is to be proven) as a traffic offense, like speeding.

May 10, 2018 in Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Travel | Permalink | Comments (0)

Monday, April 30, 2018

Reviewing the modern tax revenue realities of modern marijuana reform

Marijuana-money-live-trading-newsToday's USA Today has on its front-page this article headlined "Pot taxes across U.S. shore up school budgets, drug-prevention efforts." Here are excerpts:

States with legal pot have collected more than $1.6 billion since the newest sin taxes went into effect in 2014, with the money paying for everything from public schools to mental health services to programs that deter convicts from re-offending....

In an exclusive analysis for the USA TODAY Network, Beau Whitney, a senior economist with Washington, D.C.-based cannabis analytics firm New Frontier Data, forecasts collections in California could exceed $2.1 billion through 2020, based on a 15% state excise tax. For perspective, it takes about $1 billion a year to run the city of Sacramento. The New Frontier analysis doesn't count a mishmash of city, county or cultivation taxes....

Analysts say mainstay revenue such as income, property and sales taxes still dwarf marijuana taxes in local and state government budgets. However, "every dollar is important," said Stephen Walsh, a director with the U.S. Public Finance group at Fitch. "It's very difficult for governments to raise taxes." Cannabis taxes represent a welcome infusion of all-new money, he said.

Nine states and the District of Columbia have decided to legalize recreational marijuana. Cannabis consumers are willing to trade high tax rates — from 20% in Oregon to as much as 45% in California — for the freedom to partake in the small network of states.

Were the federal government to OK sales throughout the nation, New Frontier analysts forecast that through 2025, weed could bring in about $100 billion in fresh revenue for the U.S. Treasury Department. That includes a hypothetical 15% federal sales tax, business tax revenues and payroll deductions. But for now, revenue is on the rise in the handful of states that allow sales, though the way state budgets are structured makes it difficult to trace marijuana taxes from the point of sale to the purchase of school textbooks.

Colorado and Washington, which started allowing recreational marijuana sales in 2014, have so far collected nearly $1.48 billion in revenue. Washington has brought in more than $773 million to pay for healthcare services, research from state universities on the effects of short-term and long-term pot use, reducing marijuana use among minors and other efforts. Meanwhile, Colorado has received more than $702 million, with the money going toward grants that help pay schools' capital construction costs, as well as shoring up local and state tax bases. The state collected $247,368,473 last year alone, revenue records show.

In an interview, U.S. Rep. Jared Polis, D-Colorado, said bringing underground economic activity above-ground, then taxing it reasonably, creates "a more efficient market."... While Colorado's counties and cities can choose whether to allow marijuana businesses, Polis said some less-prosperous parts of the state have seen pot turn into an important revenue producer, letting officials support schools and children's scholarships, along with addressing infrastructural needs.

In Alaska, one of the smallest markets, tax proceeds are split between the state's general fund and efforts to stop convicts from re-offending. Alaska taxes pot growers, and collections have steadily risen from $577,901 when they started in July 2017 and peaking at more than $1 million this January, for a total of about $8.25 million, revenue records show.

The list of states with legal weed is growing, with others that have voted to allow it now including Oregon, Nevada, Massachusetts, Maine and Vermont. After starting tax collections in 2016, Oregon has divvied up about $126.9 million in marijuana taxes between schools, city and county governments, mental health, alcoholism and drug services, the Oregon State Police and the Oregon Health Authority's drug prevention and treatment services.

"These funds will be used in combination with other resources for drug and alcohol prevention for a comprehensive, evidence-based approach to reducing drug misuse and excessive alcohol use," said Jonathan Modie, OHA spokesman. A campaign to prevent minors from using marijuana and data collection on alcohol and drug use are part of the drug prevention and treatment program, he said.

The amount of pot money Oregon allocates annually to school districts is based on a district's weighted daily membership, a metric that takes into account how many full-time students are in a district and other factors, such as the number of students with special needs or experiencing poverty. Salem-Keizer Public Schools, Oregon's second largest school district, is receiving a little more than $2.7 million in marijuana money this year, said Oregon Department of Education spokesman Peter Rudy. That's enough to pay for the equivalent of 27 teachers, considering each costs around $100,000 with salary and benefits combined, according to district spokeswoman Lillian Govus.

In a statement, Oregon Gov. Kate Brown said, "We know that Oregonians care about our children’s education and their neighbors' health, and we see that in how they decided to spend cannabis tax revenues. Every dollar counts when supporting those values."

April 30, 2018 in Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Saturday, April 28, 2018

Seattle prosecutors now taking proactive steps to expunge past marijuana convictions

Seattle-marijuana-jobsBecause of my work on my new article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I am especially attune to how marijuana reform is now intersecting with criminal justice concerns. So this new USA TOday article, headlined "Seattle seeks to abolish hundreds of pot convictions in light of legal marijuana," caught my eye this morning. Here are excerpts:

Seattle prosecutors are seeking to abolish more than 540 convictions against people caught carrying small amounts of pot in the city. A municipal judge is reviewing the convictions with an eye toward clearing offenders' criminal records, which advocates say have limited their job and housing opportunities.

The 542 people were convicted prior to 2010, when city prosecutors stopped bringing minor possession charges. Washington state legalized minor marijuana possession in 2012, and no one would be convicted in Seattle on minor possession charges today.

“Vacating charges for misdemeanor marijuana possession is a necessary step to correct the injustices of what was a failed war on drugs, which disproportionately affected communities of color in Seattle,” Mayor Jenny Durkan said in a statement. “The war on drugs in large part became a war on people who needed opportunity and treatment. While we cannot reverse all the harm that was done, we must do our part to give Seattle residents – including immigrants and refugees – a clean slate."

The move is the latest in a series of steps Seattle has taken to reduce or eliminate penalties for pot possession. In 2003, city voters mandated that marijuana possession be made the lowest law-enforcement priority possible, and in 2010, City Attorney Pete Holmes announced he would stop prosecuting simple possession cases, no matter how many tickets the police department wrote....

A few months later after legal sales began, an angry Holmes threw out nearly 90 marijuana tickets written by a single officer who appeared upset at legalization and began targeting homeless and minority men with public consumption and possession tickets. At the time, Holmes called the officer's actions "abhorrent."

The move also makes Seattle the latest large, liberally minded city to overturn marijuana convictions. San Francisco in January announced it would begin vacating thousands of minor marijuana convictions, and prosecutors are also reviewing an additional 4,000 felony cases for potential reductions. San Diego is following a similar process.

Prior related post:

"Leveraging Marijuana Reform to Enhance Expungement Practices"

April 28, 2018 in Criminal justice developments and reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, April 26, 2018

Notable accounting of how hard it is to account for all the new marijuana data in legalization states

MarijuanadrugtestingfactsThe AP has this interesting new article about data collection and analysis in the marijuana space. The piece is headlined "Oregon Marijuana: Lots of Data, Few to Analyze and Check It: Oregon is awash in data on its marijuana industry but has few workers to monitor and check what its legal businesses are doing." Here is an excerpt:

Oregon's experience is reflective of one of the significant challenges in the expanding legal U.S. marijuana industry: the ability of governments to keep track of their own markets.

Washington, which with Colorado became the first state to broadly legalize marijuana in 2012, recently switched tracking contractors after it outgrew the first system, and quickly ran into major technical problems. Colorado has reported no significant technical issues but has only five people on the data analysis staff to help with investigations and look for potential violators.

Last year, Nevada switched tracking companies after its first system crashed. California became the world's largest legal marijuana market on Jan. 1 without the promised vast computer system for tracking. It won't be available for months.

The Oregon tracking system was created by Franwell, a Florida-based technology company that has contracts in a handful of states, including California. Licensees log entries into the system as seeds sprout into plants, the plants are harvested, processed, sent to stores and then sold. The flood of data is checked by the single full-time marijuana data analyst, with occasional help. Five more will be hired soon, but they'll have their hands full as an estimated 2,000 medical marijuana growers start entering the tracking system on July 1. According to the Oregon Liquor Control Commission, a recent inventory of adult-use marijuana in the state stood at more than 1 million pounds (0.45 million kilograms). That's roughly 4 ounces (113 grams) for each of the state's 4.1 million residents.

Avitas general manager Joe Bergen said the pot businesses are inputting a "ridiculous" amount of information to the tracking system. He said 10 percent of Avitas' staff at the Salem facility is dedicated to rules compliance: tagging plants and finished products, tracking the inventory and filling out official shipping manifests. "It's important to do it, but it's burdensome for a small business," Bergen said.

The data has been useful in confirming wrongdoing in roughly 50 investigations, though less than half of them were triggered by the data, commission spokesman Rob Pettinger said.

On a recent morning, Cecilia Espinoza sat at a table inside Avitas' production facility, staring at a desktop computer. A small wheel spun on the screen for a couple of minutes as she waited for the web application to open so she could update information about the hundreds of plants growing in the 12,000-square-foot (1,115-square-meter) building. "We call it the 'spinning wheel of death,'" Espinoza said with a laugh. "It's tedious."...

Cannabis producers and regulators compare the tracking system to filing income taxes: They operate to a large extent on good faith, but when an auditor or inspector comes there better be evidence to back the numbers. However, the chances of a "compliance inspector" showing up at a site is low. The Oregon commission only employs 19, with four more to be added soon.

They don't have time to randomly check grow sites and compare amounts of marijuana they see with the data. Instead, inspectors are largely tied up investigating complaints, for example on someone carrying out a function beyond the scope of a license, or harvesters lacking the required permit, commission officials said.

Companies that have gone the legal route - paying for licenses, security and other systems to meet the requirements - say regulators should focus on those who remain outside the legal system. They note the illegal producers are unfair competition, without the large overhead. "Really, there is no incentive for us to do anything but stay in the recreational market," said Bergen, whose company invested millions in the Salem facility. "Why would we have gone to all this trouble, just to lose our license from doing something stupid like selling on the black market?"

April 26, 2018 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, April 23, 2018

"Leveraging Marijuana Reform to Enhance Expungement Practices"

The title of this post is the title of this new paper I have written for a forthcoming issue of the Federal Sentencing Reporter which is now available via SSRN.  Here is the abstract:

States reforming marijuana laws should be particularly concerned with remedying the past inequities and burdens of mass criminalization.  State marijuana reforms should not only offer robust retroactive ameliorative relief opportunities for prior marijuana offenses, but also dedicate resources generated by marijuana reform to create and fund new institutions to assess and serve the needs of a broad array of offenders looking to remedy the collateral consequences of prior involvement in the criminal justice system.  So far, California stands out among reform states for coupling repeal of marijuana prohibition with robust efforts to enable and ensure the erasure of past marijuana convictions.  In addition to encouraging marijuana reform states to follow California’s lead in enacting broad ameliorative legislation, this essay urges policy makers and reform advocates to see the value of linking and leveraging the commitments and spirit of modern marijuana reform and expungement movements.

Part II begins with a brief review of the history of marijuana prohibition giving particular attention to social and racial dynamics integral to prohibition, its enforcement and now its reform.  Part III turns to recent reform activities focused on mitigating the punitive collateral consequences of a criminal conviction with a focus on the (mostly limited) efforts of marijuana reform states to foster the erasure of marijuana convictions.  Part IV sketches a novel proposal for connecting modern marijuana reform and expungement movements.   This part suggest a new criminal justice institution, a Commission on Justice Restoration, to be funded by the taxes, fees and other revenues generated by marijuana reforms and to be tasked with proactively working on policies and practices designed to minimize and ameliorate undue collateral consequences for people with criminal convictions.

Cross-posted at Sentencing Law & Policy

April 23, 2018 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Notable new (and incomplete) data on marijuana arrests

Marijuana_arrests_chart500_shortWriting at The Intercept, Tana Ganeva has this notable new article reporting on some notable new data on marijuana arrests under the headline "The War On Pot Marches On: In Nearly Half The Country, Marijuana Arrests Have Gone Up Since 2014." Here are excerpts (with links from the original):

This week, Senate Minority Leader Chuck Schumer, D-N.Y., a politician adept at reading and responding to the public mood, introduced a bill to decriminalize cannabis at the federal level. And in some states, pot is already being taxed and regulated.   Underneath that progress, however, a war is still raging.  New data published here for the first time show that in at least 21 states, more people were arrested in 2016 than in 2014. Meanwhile, thousands of people who were arrested previously for what is now legal in many places continue to languish in prisons.

Jon Gettman, associate professor of criminal justice at Shenandoah University, used data from the FBI’s Uniform Crime Report to put together previously unpublished arrest data, which he provided to The Intercept.  The data show that in at least 21 states, pot arrests went up from 2014 to 2016, even as weed has been legalized and decriminalized in other states and cities.  Complete data were not available for Florida, Illinois, Alabama, and Washington, D.C.

Gettman says the idea that we’ve taken a laxer approach to pot prohibition is not true across the board.  “In some places, arrest rates are not only plugging along, they’re going up,” he told The Intercept.  “The idea that marijuana prohibition is going away is not supported by the data.”  

In Arkansas, arrests jumped 30 percent from 2014 to 2016.  In Hawaii, they went up 51 percent.  New Jersey saw a 31 percent increase in marijuana arrests, from 27,208 in 2014 to 35,700 in 2016.  In other states, they’ve stayed at the same high levels.   Georgia arrested 27,738 people for pot in 2014; 27,548 in 2015; and 28,223 in 2016. In Texas, arrests hovered in the 60,000s during those years.

Meanwhile, in states that had legalized or decriminalized pot as of 2016, people were still getting arrested, albeit at lower rates.  Georgia, for instance, has twice the population of Colorado, but arrested more than five times as many people.  In Colorado, which boasts a thriving legal market, 5,771 people were arrested for marijuana in 2014, down from 10,438 in 2012, the year voters legalized it.  That number was lower in 2016, but not by much: 5,098. The overwhelming majority of arrests were for possession.   As NPR reported, these tend to be low-income, young people of color running afoul of the strict regulations imposed in legal markets.

“Marijuana law enforcement becomes a convenient and useful tactic in the implementation of other law enforcement policies,” Gettman said. “You have to ask, ‘What purpose do pot arrests serve the local police?’”

Take New York City.  Pot possession arrests fell from 26,390 in 2014 to 18,120 in 2016, according to data assembled by the Marijuana Arrest Research Project and the Drug Policy Alliance.  Yet police officers continue to target young people of color: Between 2014 and 2016, 86 percent of pot arrests were of blacks and Latinos....

Nationwide, there’s an endless list of factors that might influence pot arrest rates. Do police make a lot of traffic stops?  Do they target certain areas or populations, like people they suspect might be undocumented?  Are they trying to establish authority on the street by busting teenagers?  New York’s stop-and-frisk program, in which police used a loophole to conduct illegal searches of primarily black and brown young people, is a classic example.   The policing of homeless people like Winslow, which happens all over America, is another.

A few other factors drive the arbitrary nature of marijuana arrest rates.   There’s some diversion from states where it’s legal, and the creation of black markets driven by the high cost of taxed legal pot.  People might be less discreet in public, thinking they’re not going to get busted for weed, Gettman says.  It’s also possible that there might be backlash among some police against the growing public acceptance of marijuana. 

I am grateful to Professor Gettman for assembling this state-by-state marijuana arrest data, though it only provides the most basic of essential information about marijuana enforcement practices. It would be, of course, valuable and important to have more data on specific marijuana charges (other than just the possession/sale distinction in the data), as well as more data on the demographics of who is getting arrested.  And breaking down county-by-county data could also be quite informative and useful, especially in prohibitionist states that border full legalization states.  Last but not least, I do not believe there is any collection of data on what becomes of all these arrests, and I would guess that the rate at which an arrest turns into a formal charge and a conviction varies dramatically from jurisdiction-to-jurisdiction.

April 23, 2018 in Criminal justice developments and reforms, Recreational Marijuana Data and Research | Permalink | Comments (0)

Thursday, April 19, 2018

"The Economic Effects of the Marijuana Industry in Colorado"

Images (9)The title of this post is the title of this thorough and effective review of myriad economic impacts of the marijuana industry in the first state to have a functioning recreational marijuana market. This piece was authored by the Federal Reserve Back of Kansas City, and I recommend the piece in full to anyone and everyone interested in certain economic realities flowing from legalization and commercialization of recreational marijuana. Here are some snippets from the start and heart of the piece:

In 2012, Colorado voters passed Amendment 64, making Colorado one of the first states to legalize recreational marijuana. Since then, the legalization trend has continued, and today, medical marijuana is legal in 29 states and Washington, D.C., and recreational marijuana is legal in eight states and Washington, D.C. So far in 2018, Vermont’s lawmakers have legalized marijuana starting July 1, and at least 11 other states are considering recreational or medical marijuana legalization.  The marijuana industry has had many effects on the state of Colorado since it was legalized. This issue of the Rocky Mountain Economist focuses on the economic impacts of the marijuana industry in Colorado, the first state to open recreational marijuana stores....

Marijuana Sales in Colorado

To put the magnitude of marijuana sales in perspective, personal consumption expenditures on all goods and services totaled $236.3 billion in 2016 in Colorado. Marijuana sales were $1.3 billion in 2016, or 0.55 percent of all personal consumer expenditures. By comparison, spending on food and beverages purchased for off-site consumption made up 7.2 percent of personal consumption expenditures in Colorado....

To get a sense of the magnitude of the marijuana industry, we can compare the total number of marijuana-related business licenses in the state to the number of new entity business filings for all industries in the state.  Between the first quarter of 2014 and the fourth quarter of 2017, there were about 431,997 new entity business filings in Colorado.  By comparison, slightly more than 3,000 marijuana-related business licenses were active at the end of 2017.  If all of these marijuana-related businesses started during the first quarter of 2014 through the end of 2017, then they would represent about 0.7 percent of total new business filings in the state since 2014.  The actual percentage likely is lower than 0.7 percent because some marijuana-related businesses existed in Colorado prior to 2014, particularly those serving the medical side of the industry....

Employment in the Marijuana Industry

As of March 2018, there were more than 38,000 issued individual licenses in the marijuana industry, including 1,637 business owners.  Of course, not everyone with a license is working in the industry, and the Marijuana Policy Group estimates that one active license equates to 0.467 full-time equivalent positions.  Using this estimate, the marijuana industry currently employs about 17,821 full-time equivalent staff, a 17.7 percent increase in employment over the previous year....

Taxation of the Marijuana Industry

In 2017, the state of Colorado collected more than $247 million from the marijuana industry, including state sales taxes on recreational and medical, special sales taxes on recreational, excise taxes on recreational and application and licenses fees.  Tax collections since 2014 have increased significantly, though at a slower pace over the past year.  Between 2014 and 2015, total collections increased 93 percent. By contrast, collections increased about 28 percent between 2016 and 2017. To put the magnitude of marijuana tax collections in perspective, they equate to about 2.3 percent of Colorado’s 2017 general fund revenue. Although this calculation is useful for perspective, most marijuana revenue does not go into the state general fund....

Potential Costs of Marijuana Legalization

The data on legalization’s impact on public safety is limited, and therefore, the full effects of legalization on public safety are uncertain. Between 2012 and 2014, the number of marijuana arrests fell 46 percent, primarily due to a decline in marijuana possession arrests.  In Denver, the number of crimes reported to the Denver Police Department that were determined to have a clear connection to marijuana increased from 234 in 2013 to 276 in 2014, but then fell to 183 in 2017.  Of the crimes reported with a connection to marijuana in 2017, 54 percent were burglaries and 74 percent were industry-related.xxviii Fifteen percent of DUI summons issued by the Colorado State Patrol in 2015 were for marijuana or marijuana in combination with alcohol or other drugs although the number of these types of DUIs fell 1 percent between 2014 and 2015.  Traffic fatalities with THC-only or THC-in-combination positive drivers rose from 55 in 2013 to 79 in 2014....

Conclusion

As the first state to open recreational marijuana retail stores, Colorado provides a case study to examine the potential economic effects from legalization.  Direct employment in the marijuana sector has risen robustly since the passage of Amendment 64, contributing about 5.4 percent of all employment growth in Colorado since January 2014.  Despite these solid gains, employment in the sector makes up just 0.7 percent of total employment in the state.  Similar to employment, tax collections from marijuana have also increased sharply in recent years, and are equal to about 2 percent of general fund revenues in the state.  Although legalization has contributed to employment growth and tax revenues in the state, it is important to weigh those benefits against the potential costs to public safety and health outcomes.

April 19, 2018 in Business laws and regulatory issues, Employment and labor law issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Monday, April 16, 2018

Guest post: "New Database Tracks Local Variation in Implementing Cannabis Legalization in California"

David-Ball-2015Professor W. David Ball, who has served on California Lt. Governor Gavin Newsom's Blue Ribbon Commission on Marijuana Regulation, was kind enough to alert me to a new database that details how localities in California are implementing the state's marijuana reform laws. He was even kinder to take up my invitation to write up an account of this resource. Here is his terrific guest post:

California's regulated cannabis market is roughly four months old, but within the statewide framework, there are notable local variations.  The ballot initiative that legalized adult-use provided for a strong degree of local control and, as this article details, some areas have been quicker (and more willing) to license activities than others.   This database provides details about which activities county and municipal governments have decided to permit (sales, testing, manufacturing, growing, and distributing) for both the medical and adult-use market.

The database (and accompanying article) point out a number of dynamics likely to be replicated in other nascent adult-use markets.  First, the statewide framework is usually only the beginning -- localities still have a great degree of control over which geographical areas (and which parts of the new market) will be a part of a regulated cannabis regime.  California requires local licensing, but even if it didn't, local governments, via land-use regulations and zoning laws, would still be able to exercise a significant amount of control.  Focusing only on inter-state differences fails to capture the significant intra-state differences that exist within a given statewide regime.  It may be true that, say, the regulations of the San Francisco market have more in common with Seattle than they do with Fresno.

Second, we should remember that regulation is an ongoing process. Proposition 64, the adult-use legalization initiative, gave California the foundation to enact administrative rule-making.  These administrative rules, in turn, will be modified as the market develops.  Indeed, one bill currently under consideration in the state assembly would cut cannabis taxes in order to lure price-sensitive customers to the legal market.  There is no reason to suspect that the database of local regulations won't change on a regular basis.  Some localities might expand the scope and depth of permitted activities, some might contract them.  This is why it is important both to have a flexible framework and to ensure that stakeholders (including those not participating in the market as either consumers or producers) remain engaged.

With almost 40 million people and a population and landscape that contains almost every kind of diversity one sees in the country, a closer analysis of these local regulations is sure to yield insights normally associated with the federalist conception of "laboratories of democracy."  In this instance, though, the laboratories are to be found within a single state, rather than among the 50 states.

April 16, 2018 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Thursday, April 5, 2018

Can marijuana reform help reduce binge drinking?

The question in the title of this post is prompted by this new Forbes article headlined "Binge Drinking Rates Drop In States With Recreational Marijuana Laws."  Here are excerpts (with links from the original):

Binge drinking across the United States is at an all time high. Yet, a new report from the Wall Street investment firm Cowen & Company shows that this dangerous alcoholic behavior is on the decline in states that have legalized the leaf in a manner similar to alcohol.

It was just a month ago that the Centers for Disease Control and Prevention (CDC) published new data suggesting that more Americans are now engaging in regular binge drinking. What was once considered a foolish exploit of College students has now apparently infiltrated citizens from every demographic and all walks of life.  The CDC found that Americans sucked down 17 billion alcoholic beverages in 2015. By definition, the term “binge drinking,” is five or more drinks for men, and four or more for women in a span of around two hours. Thirty-seven million adults (about 1 in 6 people) engage in this activity at least once a week, the report finds.

 But the investment analysts at Cowen published a document earlier this week that provides a little hope for an America headed for cirrhosis of the liver. It seems that binge drinking is on the decline in states that have legal marijuana laws on the books. More specifically, it is those states like Colorado and Washington, some of the first U.S. jurisdictions to legalize for recreational use, where binge drinking is now less prominent.  “In legal adult use cannabis states,” the analysts wrote, “the number binge drinking sessions per month (for states legal through 2016) was -9% below the national average.”

What’s more is legal marijuana states, where adults 21 and older can walk into a dispensary and purchase a variety of cannabis products, experienced 13 percent less binge drinking than areas of prohibition. The writing is on the wall – people with legal access to recreational marijuana are opting to spend either all or a portion of their booze budget on a substance that has been deemed “a safer alternative.”...

As it stands, those states without recreational marijuana laws are experiencing an increase in binge drinking. “Non-cannabis states averaged 7.4 drinks per binge, ~12% higher than the 6.6 drinks per binge seen in adult use cannabis states,” the report reads.

April 5, 2018 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

"The Substitutability of Recreational Substances: Marijuana, Alcohol, and Tobacco"

The title of this post is the title of this new article available via SSRN authored by Keaton Miller and Boyoung Seo. Here is the abstract:

Proponents of the legalization of recreational marijuana have argued that the policy would result in increased tax revenues for states.  However, if legal substances are highly substitutable, tax revenues from marijuana may crowd out pre-existing revenues.  We study the interaction between the marijuana, alcohol, and tobacco industries in Washington state using a combination of detailed administrative data on the marijuana industry and scanner data on alcohol and tobacco sales.

We estimate a demand system and find that alcohol and marijuana are substitutes, with the legalization of marijuana in isolation leading to a 12% decrease in alcohol demand, and a marginal cross price elasticity of demand of .16.  Marijuana legalization results in a 20% decrease in tobacco demand, but the marginal relationship is unclear.  When prices are held fixed, 50% of marijuana tax revenue comes from cannibalizing alcohol and tobacco taxes.  When those industries adjust their prices, only 22% of marijuana tax revenue comes from alcohol and tobacco.  Though Washington has the highest marijuana tax rate in the country, a 1% increase in the marijuana tax results in a 1.01% increase in total revenues collected by the state.

April 5, 2018 in Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Tuesday, April 3, 2018

"Marijuana use is associated with intimate partner violence perpetration among men arrested for domestic violence"

Tps-150The title of this post is the title of this notable new research published in Translational Issues in Psychological Science. Here is the article's abstract:

Intimate partner violence (IPV) is a serious public health problem. Substance use, particularly alcohol, is a robust risk factor for IPV.  There is a small but growing body of research demonstrating that marijuana use is positively associated with IPV perpetration.  However, research on marijuana use and IPV has failed to control for other known predictors of IPV that may account for the positive association between marijuana use and IPV perpetration.  Therefore, the current study examined whether marijuana use was associated with IPV perpetration after controlling for alcohol use and problems, antisocial personality symptoms, and relationship satisfaction, all known risk factors for IPV.

Participants were men arrested for domestic violence and court-referred to batterer intervention programs (N = 269). Findings demonstrated that marijuana use was positively and significantly associated with psychological, physical, and sexual IPV perpetration, even after controlling for alcohol use and problems, antisocial personality symptoms, and relationship satisfaction.  Moreover, marijuana use and alcohol use and problems interacted to predict sexual IPV, such that marijuana use was associated with sexual IPV at high, but not low, levels of alcohol use and problems.  These findings lend additional support to the body of research demonstrating that marijuana use is positively associated with IPV perpetration in a variety of samples.  Results suggest that additional, rigorous research is needed to further explore why and under what conditions marijuana is associated with IPV perpetration.

April 3, 2018 in Criminal justice developments and reforms, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Monday, April 2, 2018

Two new papers provide further evidence of marijuana reform aiding with opioid crisis

180402-imd-ec-800As reported via this CNN article, headlined "Marijuana legalization could help offset opioid epidemic, studies find," this weeks bring the publication of notable new research suggesting a link between marijuana access and reduced use of opioids. Here are the basics:

Experts have proposed using medical marijuana to help Americans struggling with opioid addiction. Now, two studies suggest that there is merit to that strategy. The studies, published Monday in the journal JAMA Internal Medicine, compared opioid prescription patterns in states that have enacted medical cannabis laws with those that have not. One of the studies looked at opioid prescriptions covered by Medicare Part D between 2010 and 2015, while the other looked at opioid prescriptions covered by Medicaid between 2011 and 2016.

The researchers found that states that allow the use of cannabis for medical purposes had 2.21 million fewer daily doses of opioids prescribed per year under Medicare Part D, compared with those states without medical cannabis laws. Opioid prescriptions under Medicaid also dropped by 5.88% in states with medical cannabis laws compared with states without such laws, according to the studies....

In order to evaluate whether medical marijuana could function as an effective and safe alternative to opioids, the two teams of researchers looked at whether opioid prescriptions were lower in states that had active medical cannabis laws and whether those states that enacted these laws during the study period saw reductions in opioid prescriptions.

Both teams, in fact, did find that opioid prescriptions were significantly lower in states that had enacted medical cannabis laws. The team that looked at Medicaid patients also found that the four states that switched from medical use only to recreational use -- Alaska, Colorado, Oregon and Washington -- saw further reductions in opioid prescriptions, according to Hefei Wen, assistant professor of health management and policy at the University of Kentucky and a lead author on the Medicaid study. "We saw a 9% or 10% reduction (in opioid prescriptions) in Colorado and Oregon," Wen said. "And in Alaska and Washington, the magnitude was a little bit smaller but still significant."...

The details of the medical cannabis laws were found to have a significant impact on opioid prescription patterns, the researchers found. States that permitted recreational use, for example, saw an additional 6.38% reduction in opioid prescriptions under Medicaid compared with those states that permitted marijuana only for medical use, according to Wen.

The method of procurement also had a significant impact on opioid prescription patterns. States that permitted medical dispensaries -- regulated shops that people can visit to purchase cannabis products -- had 3.742 million fewer opioid prescriptions filled per year under Medicare Part D, while those that allowed only home cultivation had 1.792 million fewer opioid prescriptions per year.

"We found that there was about a 14.5% reduction in any opiate use when dispensaries were turned on -- and that was statistically significant -- and about a 7% reduction in any opiate use when home cultivation only was turned on," Bradford said. "So dispensaries are much more powerful in terms of shifting people away from the use of opiates."...

This is not the first time researchers have found a link between marijuana legalization and decreased opioid use. A 2014 study showed that states with medical cannabis laws had 24.8% fewer opioid overdose deaths between 1999 and 2010. A study in 2017 also found that the legalization of recreational marijuana in Colorado in 2012 reversed the state's upward trend in opioid-related deaths.

Here are links to the JAMA Internal Medicine articles referenced here, as well as a companion commentary:

Medical and Adult-Use Marijuana Laws and Opioid Prescribing for Medicaid Enrollees by Hefei Wen & Jason Hockenberry

Association Between US State Medical Cannabis Laws and Opioid Prescribing in the Medicare Part D Population by Ashley C. Bradford et al

The Role of Cannabis Legalization in the Opioid Crisis by Kevin Hill & Andrew Saxon

 

Some (of many) prior related posts:

April 2, 2018 in Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Data and Research | Permalink | Comments (0)

Sunday, April 1, 2018

"The Pot Rush: Is Legalized Marijuana a Positive Local Amenity?"

The title of this post is the title of this intriguing new paper authored by Diego Zambiasi and Steven Stillman. Here is its abstract:

This paper examines the amenity value of legalized marijuana by analyzing the impact of marijuana legalization on migration to Colorado.  Colorado is the pioneering state in this area having legalized medical marijuana in 2000 and recreational marijuana in 2012. We test whether potential migrants to Colorado view legalized marijuana as a positive or negative local amenity.  We use the synthetic control methodology to examine in- and out-migration to/from Colorado versus migration to/from counterfactual versions of Colorado that have not legalized marijuana.

We find strong evidence that potential migrants view legalized marijuana as a positive amenity with in-migration significantly higher in Colorado compared with synthetic- Colorado after the writing of the Ogden memo in 2009 that effectively allowed state laws already in place to be activated, and additionally after marijuana was legalized in 2013 for recreational use.  When we employ permutation methods to assess the statistical likelihood of our results given our sample, we find that Colorado is a clear and significant outlier.  We find no evidence for changes in out-migration from Colorado suggesting that marijuana legalization did not change the equilibrium for individuals already living in the state.

April 1, 2018 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, March 20, 2018

"Early Evidence on Recreational Marijuana Legalization and Traffic Fatalities"

The title of this post is the title of this notable new paper authored by Benjamin Hansen, Keaton Miller and Caroline Weber. Here is its abstract:

Over the last few years, marijuana has become legally available for recreational use to roughly a quarter of Americans.  Policy makers have long expressed concerns about the substantial external costs of alcohol, and similar costs could come with the liberalization of marijuana policy.  Indeed, the fraction of fatal accidents in which at least one driver tested positive for THC has increased nationwide by an average of 10 percent from 2013 to 2016.  For Colorado and Washington, both of which legalized marijuana in 2014, these increases were 92 percent and 28 percent, respectively.  However, identifying a causal effect is difficult due to the presence of significant confounding factors.

We test for a causal effect of marijuana legalization on traffic fatalities in Colorado and Washington with a synthetic control approach using records on fatal traffic accidents from 2000-2016. We find the synthetic control groups saw similar changes in marijuana-related, alcohol-related and overall traffic fatality rates despite not legalizing recreational marijuana.

Some prior related posts:

"Medical or Recreational Marijuana and Drugged Driving"

NHTSA releases "Marijuana-Impaired Driving A Report to Congress"

"Too Stoned to Drive? The question is trickier than you’d think for police and the courts to answer."

Examining issues surrounding "Driving Under the Influence of Marijuana"

Still more on drugged driving laws and marijuana

"The April 20 Cannabis Celebration and Fatal Traffic Crashes in the United States"

March 20, 2018 in Assembled readings on specific topics, Recreational Marijuana Data and Research | Permalink | Comments (1)

Friday, March 16, 2018

"Evaluating ballot initiative support for legalised marijuana: The case of Washington"

The title of this post is the title of this interesting new piece authored by Loren Collingwood, Ben Gonzalez O’Brien and Sarah Dreier published int The International Journal of Drug Policy. Here is the abstract:

Background

In 2012, Washington and Colorado became the first U.S. states to legalise recreational marijuana. By 2016, eight states and the District of Columbia had legalised recreational marijuana, with more expected to consider it in 2018. Despite this trend, little academic research explains what drives ballot-initiative vote choice on marijuana legalisation.

Methods

This paper uses a pre-election random sample voter survey to examine the individual characteristics that correlated with Washington voters’ support for legal recreational marijuana.

Results

We find that voting on marijuana ballot initiatives largely reflects public opinion about marijuana and is particularly shaped voters’ political ideology, party affiliation, religious affiliation and practice, and education. Notably, we find that those reporting experiences (i.e., someone they know) with the criminal justice system are more supportive of legalisation than those who do not.

Conclusion

We conclude that marijuana legalisation voting behavior generally aligns with public opinion on the issue. However, one key aspect of Washington’s legalisation campaign–the criminal injustices of marijuana illegality–helped shape Washington state voting behavior. Further research is needed to examine if, when, and in what contexts criminal justice campaign themes are likely to strengthen or undermine future states’ marijuana legalisation efforts.

March 16, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Polling data and results, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, March 14, 2018

SAM releases major new report on "Lessons from Marijuana Legalization"

6a00d8341bfae553ef01bb09f38626970d-320wiThe leading national group opposed to modern marijuana reform, Smart Approaches to Marijuana (SAM), today released this big new report titled "Lessons from Marijuana Legalization in Four U.S. States and D.C." Here is how this big report was introduced and described via an email sent my way (with links from the original):

Today, Smart Approaches to Marijuana (SAM), the leading, nonpartisan U.S. organization offering a science-based approach to marijuana policy, released the most comprehensive study to date today entitled: Lessons from Marijuana Legalization in Four U.S. States and D.C.  This study, validated by scientists from around the country, found that since legalization, marijuana use has soared, the black market is thriving, and communities of color are being negatively affected.

The study found that legalized states are leading the nation in past-year marijuana use among every age group. Among those states, Colorado currently holds the lead for first-time marijuana use among youth aged 12-17, representing a 65% increase since legalization. Young adult use is also highest in legalized states. Further, the number of young people arrested for marijuana use in Colorado saw an increase from 2015-2016.
 
Not only are more young people being arrested for marijuana use in states that have legalized the substance, but Colorado has also seen an increase in the amount of youth on probation who have tested positive for the drug.
 
This rise in youth use of marijuana is particularly frightening to see given the longterm implications involved with young people becoming addicted to marijuana. "Since commercialization, those of us in addiction treatment have been seeing an increase in the number of patients who have become addicted to marijuana. Their symptoms, particularly sleep disturbance, appetite disturbance and psychosis, don't consistently remit after ninety days of treatment,"  said Bari Platter, Clinical Nurse Specialist at the University of Colorado Hospital's CeDAR (Center for Dependency, Addiction and Rehabilitation). "We need to do more research about the devastating long-term effects of marijuana before considering commercialization in other states," continued Platter.

Some supporters of legalization have argued that the relaxing of marijuana laws would lead to lower rates of alcohol consumption. The data prove otherwise. In the immediate year following legalization of marijuana, there was a clear drop off, but by year three alcohol consumption was at a multi-year high. 

Commercialization advocates have long argued that legalization will reduce black market marijuana activity in legalized states. However, criminal activity has only been amplified. In 2016 alone, Colorado law enforcement confiscated 7,116 pounds of marijuana, carried out 252 felony arrests, and made 346 highway interdictions of marijuana headed to 36 different U.S. states. The U.S. mail system has also been affected by the black market, seeing an 844% increase in postal marijuana seizures. Narcotics officers in Colorado have been busy responding to the 50% increase in illegal growing operations across rural areas in the state.

One of the most common arguments prevalent amongst the pro-marijuana lobby is that the legalization of the substance will greatly assist communities of color. The study found that the common disparities among use and criminal offense rates continue among race, ethnicity, and income levels. The District of Columbia saw public consumption and distribution arrests nearly triple and a disproportionate number of those marijuana-related arrests occur among African-Americans.

Finally, the study found a disturbing trend in that drugged driving and motor vehicle fatalities have increased in states that have legalized recreational marijuana. The number of drivers in Colorado intoxicated with marijuana and involved in fatal traffic crashes increased 88% from 2013-2015 and marijuana-related traffic deaths increased 66% between the four-year averages before and after legalization.

March 14, 2018 in Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)

Tuesday, March 13, 2018

"Cannabis Decriminalization: A Study of Recent Policy Change in Five States"

The title of this post is the title of this new paper recently posted to SSRN authored by Rick Grucza, Melissa Krauss, Andrew Plunk, Arpana Agrawal, Frank J. Chaloupka and Laura Bierut. Here is the abstract:

Background: A number of public health professional organizations support the decriminalization of cannabis due to adverse effects of cannabis-related arrests and legal consequences, particularly on youth. We sought to examine the associations between cannabis decriminalization and both arrests and youth cannabis use in five states that passed decriminalization measures between the years 2008 and 2014: Massachusetts (decriminalized in 2008), Connecticut (2011), Rhode Island (2013), Vermont (2013), and Maryland (2014).

Methods: Data on cannabis use were obtained from state Youth Risk Behavior Survey (YRBS) surveys, years 2007-2015; arrest data were obtained from federal crime statistics. Using a “difference in difference” regression framework, we contrasted trends in decriminalization states with those from states that did not adopt major policy changes during the observation period.

Results: Decriminalization was associated with an immediate and strong reduction in the rate of drug-related arrests for youth (OR=0.38; 95% CI: 0.37, 0.39) and adults (OR=0.40; 95% CI: 0.38, 0.42). Decriminalization was not associated with any increase in the past-30 day prevalence of cannabis use (OR=0.99; 95% CI: 0.95, 1.04). Significant declines in prevalence were observed for Rhode Island (OR=0.92; 95% CI; 0.87, 0.97) and Vermont (OR=0.91, 95% CI; 0.87, 0.95).

Conclusions: Decriminalization of cannabis in Massachusetts, Connecticut, Rhode Island, Vermont, and Maryland resulted in large decreases in drug-related arrests for both youth and adults, suggesting that the policy change had its intended consequences. Our analysis did not find any increase in the prevalence of youth cannabis use during the observation period.

March 13, 2018 in Criminal justice developments and reforms, Recreational Marijuana Data and Research | Permalink | Comments (0)