Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

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Thursday, August 27, 2015

"Pioneer Pot States Have Collected More Than $200 Million In Marijuana Taxes"

The title of this post is the headline of this notable new Huffington Post article.  Here is how it gets started:

The first two states to legalize recreational marijuana have collectively raked in at least $200 million in marijuana tax revenue, according to the latest tax data -- and they're putting those dollars to good use.

In Colorado, after about a year and a half of legal recreational marijuana sales, the state has collected more than $117 million in excise taxes from both the recreational and medical marijuana markets, according to the most recent data from the Colorado Department of Revenue.

Washington state got a slower start. Its retail shops didn't begin selling recreational marijuana until July of last year, but they are keeping pace with Colorado's. About $83 million in excise taxes have already been collected in the year since sales first began, according to the most recent tax data from the Washington State Liquor and Cannabis Board.

And the total haul for both states is several million higher if all additional revenue from marijuana -- such as sales taxes, jurisdictional taxes, fees and licensing costs -- is included.

August 27, 2015 in Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Tuesday, August 25, 2015

"Marijuana Producers Gobble Up Warehouse Space in Denver Area"

The title of this post is the headline of this notable new Wall Street Journal article that highlights some of the economic development impacts of the marijuana legalization in Colorado.  Here are excerpts:

Since voters in Colorado and Washington legalized recreational use of the drug in 2012, growers and distributors have gobbled up most of the available warehouse space in the Denver area, a major logistics hub for companies moving goods between the Midwest and the West Coast.

The marijuana industry is poised to expand quickly. Legal sales in Colorado of medical and recreational cannabis totaled about $700 million in 2014, the first full year for which statistics are available, according to a Wall Street Journal analysis of Colorado tax data. The number of active licenses to grow the plant for retail consumption shot up to 397 from 204, according to Colorado’s Marijuana Enforcement Division.

The problem for Denver business owners: marijuana producers require lots of space to grow, package and store their products. In all, growers and distributors took up a third of all the warehouse space leased in Colorado over the past 18 months, according to Cresa Partners, a brokerage.

The warehouse crunch means many small businesses are struggling to find the space they need. Mr. Badgley, chief executive of Colorado Specialties Corp., a building-supply business, said his 7,500-square-foot warehouse and showroom is so crammed with bathroom fixtures and other materials that it is difficult to navigate. He would like to move to a building with triple the space, but can’t find anything affordable. “It’s all just getting snatched up by these marijuana people,” he said....

. Rents in the Colorado warehouse market rose 10% last year, to $5 a square foot, according to CBRE Inc., a real-estate services firm. The cost to buy warehouse space has doubled to $80 a square foot since the beginning of last year.

“It seems like every warehouse from 8,000 to 20,000 square feet is being turned into an indoor marijuana farm,” said Tom Glaspern, managing director in Denver for SEKO Logistics, a logistics-services provider. “We had opportunities [with customers] last year that we just had to turn down because we didn’t have the space.”...

Mr. Glaspern says the squeeze is especially tight in Denver because Colorado has relatively little industrial space outside the area. What’s more, because Colorado doesn’t border a state that has legalized recreational marijuana use, there isn’t much transport in or out — it is grown, processed and consumed right there....

Most growers use warehouse space as a combination indoor farm, packaging facility, storage space and distribution center. Employees clip buds from plants, cure them and ready them for shipment.

“It’s a factory that grows plants,” says Tim Cullen, owner of Colorado Harvest Co., a retailer that produced 3,600 pounds of pot last year and expects to produce 10,000 pounds this year. “It does not look like your friend’s basement in college.” Colorado Harvest owns 55,000 square feet of warehouse space to supply its five retail locations and is looking to lease 12,000 square feet more. Last year, after seeing warehouse rental prices increase, Mr. Cullen decided to build his own 35,000-square-foot facility in West Denver.

Growers are most interested in warehouses smaller than 80,000 square feet. Such spaces typically are used by modest manufacturing businesses. Converting them into cannabis-growing facilities often requires hundreds of thousands of dollars in upgrades to lighting, electrical and ventilation systems....

Mark Bowen, vice president in the Denver office of DCT Industrial Trust Inc., a real-estate investment trust that owns warehouses, said demand from marijuana growers has driven up the cost of warehouse space for users from the natural gas and tech industries by 60% or more, and increased lease renewal rates by 25% for DCT’s clients worried that if they don’t re-sign they will lose their space to the pot industry. “We’re happy about it,” Mr. Bowen said. Marijuana growers “are taking some of the space…that startups would maybe go to, and some of those businesses are having to come to buildings like ours.”

Over at Reason.com, Scott Shackford makes these interesting additional ponits in this follow-up post about this WSJ piece:

[I]f Colorado sees a clear boom in related logistics-focused commercial and industrial developments, then that’s going to be some great ammunition for other states pushing for legalization. Municipal governments absolutely love the logistics market, particularly in places where manufacturing is no longer (or never was) the source for blue-collar jobs. And of course, real estate professionals and developers have always been able to bend the ears of elected officials. Once the "right" people are also making money off legal marijuana, some resistance is likely to go up in smoke.

Among other thoughts, these pieces make me think it might be a real smart financial play to start buying up under-used wharehouse space in states like Arizona and California and Ohio and Michigan and Massachusetts and any other states likely be be voting on serious legalization initiatives in the next few years.  

August 25, 2015 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Extended examination on how marijuana reform might (or might not) be impacting black markets

This lengthy new Vice article, headlined "How America's Legal Weed Is Changing the Black Market and Influencing Mexican Cartels," provides an effective (though necessarily incomplete) account of how legal reform developments in the United States are impacting all sort of marijuana markets. The piece merits a full read, and here are excerpts:

And these are mostly happy days for the legal weed industry, whose sales revenues grew from an estimated $1.5 billion in 2013 to $2.7 billion last year; one projection has them hitting $35 billion by 2020. All across Oregon, which legalized medical marijuana in 1998, people are attempting to carve out niches, hawking a dizzying array of weed sodas, candies, extracts, and other products. Oregonians overwhelmingly approved a ballot initiative last year that sanctioned pot sales to recreational users, making the state the next frontier of the so-called "green rush" that began in Colorado and Washington in 2012....

That new day hasn't dawned entirely. The hodgepodge of pot laws nationwide — 23 states plus Washington, DC now allow some form of medical marijuana — has created a situation ripe for exploitation. One of the great promises of marijuana legalization has been the concurrent elimination of the black market for weed, putting local dealers out of business and sticking it to Mexican cartels by cutting into their bottom line.

But while that may happen eventually, the black market in the United States is still thriving. Growers, consumers, dealers, and others in the industry told VICE News about operators that undercut prices at state pot shops, and several sources described illicit operations that ship large quantities of weed across the country from states that have legalized pot to states that haven't. Mexican organized crime experts told us that cartels are still smuggling bricks of bud across the border, and are perhaps even improving the quality of their product to cater to the rising expectations of American stoners.

"You're not going to eliminate the black market overnight," Beau Kilmer, co-director of the RAND Drug Policy Research Center, told VICE News. "It's going to take some time, because essentially when you look at prices in the black market, whether it's marijuana or meth or cocaine, you're compensating drug dealers and everyone in the supply chain for the risk of arrest and incarceration. That goes away with legalization."

Most experts agree with Kilmer, saying that in time, as more states repeal pot prohibition, the dynamics of the marijuana black market will begin to resemble those of America's tobacco and alcohol black markets. There are still people selling untaxed loose cigarettes and running moonshine even though the vast majority of consumers prefer going to the store to buy smokes and alcohol legally. Right now, it's extremely tempting for growers in legal states to export their product to prohibition states, where prices are far higher.

Sam Chapman, cofounder of New Economy Consulting, a firm that specializes in the marijuana industry, told VICE News it's widely known that a significant portion of the weed grown in Oregon and northern California gets exported to the East Coast. "We've been seeing that product end up in Florida, end up in New York — places that don't have cannabis decriminalization and have very harsh punishments," he said. "When you have prohibition in other states, it drives the price up [there] because it's not regulated… I'd guess 80 percent of all product in Oregon is, unfortunately, leaving the state."

August 25, 2015 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Friday, August 21, 2015

"Is Marijuana Causing More Car Crashes in Washington?"

The question in the title of this post is the question which necessarily emerges from some recent public safety data released this week in Washington state, and it is also the headline of Jacob Sullum's new Reason column examining this data.  Here are excerpts from Sullum's analysis (with key links preserved):

Data released by the Washington Traffic Safety Commission (WTSC) this week indicate that the number of drivers involved in fatal crashes with active THC in their blood jumped from 38 in 2013 to 75 last year....

Contrary to comments by Staci Hoff, the WTSC's director of data and research, the presence of active THC does not necessarily indicate that a driver was impaired by marijuana at the time of the crash, let alone that marijuana caused the accident. Noting that 85 percent of "cannabis-positive" drivers involved in fatal accidents had active THC (as opposed to an inactive THC metabolite) in their blood last year, Hoff concludes that "most of them were high." That is not a safe conclusion to draw, because (as the National Highway Traffic Safety Administration points out) there is no reliable way to relate THC blood levels to impairment....

The picture is further complicated by the presence of other drugs.  The Times notes that "half the drivers with active THC in their blood also were under the influence of alcohol, and the majority of those were legally intoxicated."  Alcohol has a much more dramatic impact on driving ability than marijuana does, and the two together have a greater effect than either alone.  The Times adds that the WTSC's analysis "doesn't account for prescription drugs in the marijuana-positive drivers."

 Although marijuana's contribution to traffic accidents is hard to pin down, it is possible than an increase in cannabis consumption following legalization would lead to more stoned drivers on the road, resulting in more crashes.  Alternatively, if more pot smoking is accompanied by less drinking, the net result could be fewer crashes, since alcohol impairs drivers a lot more than marijuana does.  It is not clear yet whether either of those scenarios is materializing in Washington.

WTSC data show the total number of traffic fatalities rose by 6 percent last year (from 436 to 462) after falling the previous six years (including 2013, the first full year in which recreational use was legal, although state-licensed pot stores were not open yet). The number of fatalities from accidents in which the driver tested positive for marijuana (which does not necessarily mean he was impaired by marijuana) rose by 55 percent (from 64 to 99).  Meanwhile, the number of fatalities from accidents in which the driver was deemed to be impaired by alcohol fell by 13 percent (from 127 to 111). That number had declined or remained steady in the previous six years, except for a 14 percent increase in 2009.

The 6 percent increase in total fatalities is consistent with the idea that legalization raises the number of dangerously impaired drivers.   But that increase occurred entirely in the first half of 2014, before the pot shops started to open, which is a bit of a puzzle. By comparison, Colorado, where state-licensed marijuana merchants were open for business throughout 2014, saw only a 1.5 percent increase in total traffic fatalities that year.   To get a better idea of what is happening, we will need more years of data, plus comparisons to trends in other states that have not legalized marijuana.

UPDATE: Based on data from a local article about marijuana's impact in Washington, I did an additional post on this topic over at my sentencing law blog: "Could marijuana reform be making Washington roadways safer even if more drivers test positive for THC?"

August 21, 2015 in Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Thursday, August 20, 2015

Effective Nature article highlights big gaps in marijuana research

The science journal Nature has this effective Cann3 new feature article discussing the notable challenges in doing good science in the marijuana reform space. The lengthy article is headlined "The cannabis experiment: As marijuana use becomes more acceptable, researchers are scrambling to answer key questions about the drug." Here are excerpts:

In 2013, Beau Kilmer took on a pretty audacious head count. Citizens in the state of Washington had just voted to legalize marijuana for recreational use, and the state's liquor control board, which would regulate the nascent industry, was anxious to understand how many people were using the drug — and importantly, how much they were consuming.

The task was never going to be straightforward. Users of an illicit substance, particularly heavy users, often under-report the amounts they take. So Kilmer, co-director of the RAND Drug Policy Research Center in Santa Monica, California, led a team to develop a web-based survey that would ask people how often they had used cannabis in the past month and year. To help them gauge the amounts, the surveys included scaled pictures showing different quantities of weed. The survey, along with other data the team had collected, revealed a rift between perception and reality. Based on prior data, state officials had estimated use at about 85 tonnes per year; Kilmer's research suggested that it was actually double that, about 175 tonnes. The take-home message, says Kilmer, was “we're going to have to start collecting more data”.

Scientists around the world would echo that statement. Laws designed to legalize cannabis or lessen the penalties associated with it are taking effect around the world. They are sweeping the sale of the drug out of stairwells and shady alleys and into modern shopfronts under full view of the authorities. In 2013, Uruguay became the first nation to legalize marijuana trade. And several countries in Europe — Spain and Italy among them — have moved away from tough penalties for use and possession. Thirty-nine US states plus Washington DC have at least some provisions for medicinal use of the drug. Washington, Colorado, Alaska and Oregon have gone further, legalizing the drug for recreational consumption. A handful of other states including California and Massachusetts are expected to vote on similar recreational-use measures by the end of 2016.

But the rapid shift has caught researchers on the back foot. “Broadly speaking, there's about 100 times as many studies on tobacco or alcohol as there are on illegal substances,” says Christian Hopfer, a psychiatry researcher at the University of Colorado School of Medicine in Denver. “I don't think it's the priority it should be.”

Despite claims that range from its being a treatment for seizures to a cause of schizophrenia, the evidence for marijuana's effects on health and behaviour is limited and at times conflicting. Researchers struggle to answer even the most basic questions about cannabis use, its risks, its benefits and the effect that legalization will have.

The quick shifts in policies should provide a plethora of natural experiments, but the window will not be open for long. “There's an opportunity here. Some of the most informative research we can do is right at the moment the market changes,” says Robert MacCoun, a social psychologist and public-policy researcher at Stanford Law School in California who worked with Kilmer on the research done in Washington....

As cannabis use becomes legal, the data may become easier to collect. But the drug's use is still low compared with alcohol and tobacco, says Wayne Hall, an addiction researcher at the University of Queensland in Brisbane, Australia, so it is hard to draw firm conclusions. Marijuana may be the most popular illegal drug, he says — about 44% of US adults have used it at some point in their lives according to one source — but only about one in ten have used it in the past year. By contrast, around 70% drank alcohol in that time. “The number of people who use it with any regularity for a long time is pretty small. The longer-term consequences are really understudied,” says Hall.

A major question for researchers — and a complication in interpreting the evidence — is dosing. There are more than 85 cannabinoid chemicals in pot. The one of most interest to researchers — and users — is tetrahydrocannabinol (THC). Growers have been able to breed high concentrations of the chemical into strains of the plant meant for recreational and medicinal use. A potency- monitoring programme run by the University of Mississippi for the US National Institute on Drug Abuse (NIDA) found that THC levels have steadily increased in the United States11, from 2–3% in 1985–95 to 4.9% in 2010. The increase is even starker for imported cannabis seized by law-enforcement officials. For these drugs, potency has gone from less than 4% in the late 1980s and early 1990s to more than 12% in 2013.

But it is hard to determine the amounts of THC being consumed by the average customer. It is unclear, for example, whether users 'titrate' their doses, adjusting their intake according to the potency. Nicotine users are known to do this with cigarettes, but nicotine does not impair judgement in the same way that cannabis does. And the effects of THC are less immediate, especially for edible forms.

The escalating potency raises questions about previous research because users in older studies may have been consuming lower-potency cannabis, and the effects may be different. A study published earlier this year, for example, linked high-potency cannabis to a threefold-increased risk of psychosis versus non-use but found no association with lower-potency forms. And many researchers have complained that the pot approved for study in experiments funded by NIDA is a poor match for what is used recreationally or medicinally....

Although states are starting to ease restrictions on recreational use of marijuana, what got the ball rolling in changing public perceptions and the legal landscape for pot were the arguments for its medical use.

Colorado introduced its rules allowing medical marijuana more than a decade before it allowed recreational use. The amendment to the state's constitution listed eight conditions for which marijuana was approved: cancer, glaucoma, HIV/AIDS, cachexia (a progressive wasting syndrome), persistent muscle spasms, seizures, severe nausea and severe pain. But, says Larry Wolk, executive director and chief medical officer of the CDPHE, “those are dictated by the constitution and not necessarily by medical research”.

Although there is a huge amount of anecdotal evidence — and well-organized advocacy groups that campaign for easier access to medical marijuana — there is little conclusive scientific evidence for many of the claimed medical benefits. One of the reasons for this dearth of evidence is that money generally has been obtainable only for research on the negative effects of cannabis. That is beginning to change.

When Colorado first legalized the drug, its public-health department began collecting fees from patients who applied to purchase pot at medical dispensaries. By 2014, the state had amassed more than US$9 million, most of which was ploughed back into a medical marijuana research programme selected by the CDPHE. Among the projects funded by the Colorado millions, there are two investigating whether cannabinoids can help to mitigate seizures in childhood epilepsy. Similar research is being pursued in the United Kingdom and elsewhere in the United States....

One of the biggest questions is how legalization will change usage patterns. One place in which researchers are looking for answers is Europe, where cannabis regulation tends to be much lighter than it is in the United States (see 'Reefer madness'). In the United Kingdom, some police forces overlook cannabis use and small-scale growing operations. Spain allows private consumption, but still has restrictions on sales.

The most extreme and long-standing example is the Netherlands, which decriminalized the possession and sale of small quantities of cannabis in 1976. But although some streets of Amsterdam have been transformed into pungent tourism hotspots, the country as a whole has not changed its habits much.

Although hard data on cannabis use in Europe is patchy, the Netherlands does not have hugely more users than other nations. Data aggregated by the United Nations Office on Drugs and Crime put use in the Netherlands at about 7%. That is more than in Germany (5%) and Norway (5%), about the same as in the United Kingdom and less than in the United States (15%). Nor has the Netherlands seen a huge spike in use of harder drugs, dampening fears that marijuana serves as a gateway to more-dangerous substances such as heroin and cocaine. The message from the Netherlands, says Franz Trautmann, a drugs-policy researcher at the Trimbos Institute in Utrecht, the Netherlands, is that “a very liberal policy doesn't lead to a skyrocketing prevalence”. Rather, cannabis is endemic, he says. “We can't control this through prohibition. This is something which more and more is recognized.”

But the lesson from the Netherlands may be limited because the drug is still illegal, and growing and selling large quantities is still punishable by law. Colorado has gone further by legalizing not merely the drug's use, but the whole production chain, and that could have fundamentally different effects on the economics of pot. “Legalized production really raises the prospect of a dramatic drop in price,” says MacCoun. “It's conceivable marijuana prices could drop 75–80% in a fully legalized model.” (Although Uruguay legalized the drug in 2013, it reportedly has struggled to regulate production and to set up working dispensaries.)

The effects of a sharp drop in cost are unknown. Taxation may also have unintended consequences. If states tax by weight, users might look to higher-potency strains to save money. And once cannabis is a business, it gains a business lobby. Cannabis researchers already talk of being bombarded with e-mails from pro-cannabis groups if they make negative comments about the drug. “Marijuana research is like tobacco research in the '60s,” says Hopfer. “Any study about harms is challenged. It's really something.” Many fear that the big money now to be found in cannabis will drive attempts to obfuscate the risks. “If the commercial interests are too big, then the profit interest is prevailing above the health interest. This is what I'm afraid of,” says Trautmann.

Legalization provides an opportunity to answer some important questions. In a few years, Colorado, Washington and others will know (if only roughly) how legalization affects usage patterns, the number of car crashes and the number of people seeking help for drug dependency. The CDPHE-funded programmes will have added to the knowledge of beneficial effects. And continuing long-term studies of large groups of users will provide more evidence for statisticians who are attempting to disentangle correlation and causation on the negative impacts.

“When a jurisdiction changes its marijuana laws, that provides an opportunity for greater leverage on the questions of cause and effect,” says MacCoun. But, he adds, the signals will only really be clear if the laws result in a dramatic increase in use — something that is neither a given, nor necessarily desirable. “Obviously, we don't want marijuana use to rise just to allow us to answer our questions, but if it does, we'll be poring over all the data.”

August 20, 2015 in International Marijuana Laws and Policies, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Wednesday, August 19, 2015

"Colorado Marijuana Tax Revenue Nearly Doubles in One Year"

The title of this post is the headline of this new Time piece, which includes these passages:

It’s been a year and a half since the legalization of marijuana went into effect in Colorado.  Business for purveyors of marijuana was good from the beginning, but has soared in the past year, according to data collected by the Colorado Department of Revenue.

The state collected $9.7 million in taxes related to marijuana sales in June 2015, up nearly $5 million from the same month last year.  By May, the state had collected more than $88 million in marijuana taxes in 2015.

Revenue from marijuana sales has been used to fund improvements to the state’s public schools.  “The people who were smoking marijuana before legalization still are. Now, they’re paying taxes,” Gov. John Hickenlooper told USA Today in February.

August 19, 2015 in Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Thursday, August 13, 2015

International Centre for Science in Drug Policy releases "State of the Evidence: Cannabis Use and Regulation"

Download (10)I am very pleased to see that the International Centre for Science in Drug Policy (ICSDP), a group of scientists and academics who seek to "ensure that policy responses to the many problems posed by illicit drugs are informed by the best available scientific evidence," has released this effective and timely new report titled "State of the Evidence: Cannabis Use and Regulation."  Here is the report's introduction:

The regulation of recreational cannabis markets has become an increasingly important policy issue in a number of jurisdictions. Colorado and Washington State made headlines in 2012 when they became the first jurisdictions in the world to legalize and regulate the adult use and sale of cannabis for non-medical purposes.  In 2013, Uruguay became the first country to legalize and regulate recreational cannabis markets.  Momentum towards regulation continued in the United States in 2014 with successful ballot initiatives in Alaska, Oregon, and the District of Columbia. Globally, the issue of cannabis regulation is front and center in a growing number of jurisdictions, including Canada, Jamaica, Italy, Spain, several Latin American countries, and a number of additional U.S. states, including California, set to vote on legalization initiatives in 2016.

Unsurprisingly, given the robust global conversation around the regulation of recreational cannabis markets, claims about the impacts of cannabis use and regulation are increasingly part of the public discourse.  Unfortunately, though, these claims are often unsupported by the available scientific evidence.  Another reoccurring problem in the public discourse is the selective inclusion of research studies based on their support for a predetermined narrative.  The intentional exclusion of studies with contradictory findings does not allow for an objective review and analysis of all the evidence.  This “cherry picking” of the evidence is a routine practice that distorts public understanding.  By outlining the current state of all the scientific evidence on common cannabis claims, State of the Evidence: Cannabis Use and Regulation strives to ensure that evidence, rather than rhetoric, plays a central role in policymaking around this important issue.

The harms of misrepresenting the scientific evidence on cannabis should not be overlooked.  Given that policy decisions are influenced by public opinion and media reports, public discourse needs to be well informed.  By addressing knowledge gaps with scientific findings, the ICSDP hopes to dispel myths about cannabis use and regulation, and ensure that the scientific evidence on these topics is accurately represented.  Only then can evidence-based policy decisions be made.

Readers of this report will notice three repeating themes emerge through the discussion of the scientific evidence on common cannabis claims.

First, many of the claims confuse correlation and causation.  Although scientific evidence may find associations between two events, this does not indicate that one necessarily caused the other.  Put simply, correlation does not equal causation.  This is a commonly made mistake when interpreting scientific evidence in all fields, and is unsurprisingly a recurring source of confusion in the discourse on cannabis use and regulation.

Second, for several of these claims, the inability to control for a range of variables (“confounders”) means that in many cases, we cannot conclude that a particular outcome was caused by cannabis use or regulation.  Unless scientists can remove all other possible explanations, the evidence cannot conclusively say that one specific explanation is true.

Third, many of the claims cannot be made conclusively as there is insufficient evidence to support them.  Findings from a single study or a small sample cannot be generalized to entire populations.  This is especially pronounced for claims related to cannabis regulation, as not enough time has passed since the regulation of recreational cannabis in Colorado, Washington State, and Uruguay to examine many of the impacts of these policy changes.

These three common pitfalls are important to take into account when reading media reports and advocacy materials that suggest scientists have conclusively made some finding related to cannabis use or regulation.  In many cases, due to the reasons outlined above, this will actually result in a misrepresentation of the scientific evidence.

State of the Evidence: Cannabis Use and Regulation is comprised of two sections: Common Claims on Cannabis Use and Common Claims on Cannabis Regulation.

Common Claims on Cannabis Use presents evidence on frequently heard claims about cannabis use, including claims on the addictive potential of cannabis, cannabis as a “gateway” drug, the potency of cannabis, and the impact of cannabis use on the lungs, heart, and brain (in terms of IQ, cognitive functioning, and risk of schizophrenia).

Common Claims on Cannabis Regulation presents evidence on frequently heard claims about the impacts of cannabis regulation, including the impact of regulation on cannabis availability, impaired driving, the use of cannabis, drug crime, drug tourism, and “Big Marijuana.”

For each claim, the relevant available scientific evidence is presented and the strength of the scientific evidence in support of the claim is determined.  Readers will notice that none of the claims are strongly supported by the scientific evidence, reinforcing the significant misrepresentation of evidence on cannabis use and regulation.

We hope that the evidence contained in this report meaningfully contributes to the global conversation around cannabis policy and helps policymakers, as well as general readers, separate scientific evidence from conjecture.

August 13, 2015 in Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Science, Who decides | Permalink | Comments (0)

Wednesday, August 5, 2015

"Study finds no link between teen marijuana use, mental health issues"

The title of this post is the headline of this notable Fox News piece reporting on notable new research published by the American Physiological Association.  Here are the basic details:

A new study reports that chronic marijuana use in teenage boys does not appear to be linked to later physical or mental health issues such as depression, psychotic symptoms or asthma. The study, published by the American Physiological Association, did not include teenage girls.

Researchers from the University of Pittsburgh Medical Center and Rutgers University compiled data by tracking 408 males from adolescence into their mid-30s. The participants were placed into four groups based on their reported marijuana use: low or non-users, early chronic users, participants who only smoked during adolescence, and those who began using marijuana late in their teens and continued through adulthood. Early chronic users reported higher marijuana use, which increased in their teens to a peak of more than 200 days per year on average when they were 22 years old, the news release said.

The study was an offshoot of the Pittsburg Youth Study, which tracked 14-year-old male students in Pittsburgh public schools in the late 1980s, according to a news release. Participants were surveyed annually or semiannually, and a follow up survey was conducted in 2009-2010 when the volunteers were 36 years old.

Based on the results of prior studies, authors expected to find a link between teen marijuana use and the later development of psychotic symptoms, cancer, asthma or respiratory problems but found none, according to a news release. “What we found was a little surprising,” lead researcher Jordan Bechtold, a psychology research fellow at the University of Pittsburgh Medical Center, said in the release. “There were no differences in any of the mental or physical health outcomes that we measured regardless of the amount of frequency of marijuana used during adolescence.”

August 5, 2015 in Medical community perspectives, Recreational Marijuana Data and Research, Science | Permalink | Comments (0)

Tuesday, June 23, 2015

"How Much Does Marijuana Impact Your Driving?"

The question in the title of this post is the headline of this new Time article, which includes these excerpts:

The exact impact of marijuana on driving ability is a controversial subject—and it’s become more important states continue to loosen their drug laws. And, while drunk driving is on the decline in the U.S., driving after having smoked or otherwise consumer marijuana has become more common. According to the most recent national roadside survey from the National Highway Traffic Safety Administration of weekend nighttime drivers, 8.3 percent had some alcohol in their system and 12.6 percent tested positive for THC—up from 8.6 percent in 2007....

[In a recent federal study], researchers looked at 250 parameters of driving ability, but this paper focused on three in particular: weaving within the lane, the number of times the car left the lane, and the speed of the weaving. While alcohol had an effect on the number of times the car left the lane and the speed of the weaving, marijuana did not. Marijuana did show an increase in weaving. Drivers with blood concentrations of 13.1 ug/L THC, the psychoactive ingredient in cannabis, showed increase weaving that was similar to those with a .08 breath alcohol concentration, the legal limit in most states. For reference, 13.1 ug/L THC is more than twice the 5 ug/L numeric limit in Washington and Colorado....

The study also found that pot and alcohol have more of an impact on driving when used together. Drivers who used both weaved within lanes, even if their blood THC and alcohol concentrations were below the threshold for impairment taken on their own.... Smoking pot while drinking a little alcohol also increased THC’s absorption, making the high more intense. Similarly, THC delayed the peak of alcohol impairment, meaning that it tended to take longer for someone using both to feel drunk. Such data is important to educate the public about pot’s effects before they get on the road.

“I think this has added really good knowledge from a well-designed study to add to the current debate,” on marijuana’s effects on road safety, says Dr. Marilyn Huestis, the principal investigator in the study, which was conducted by researchers at the National Institute on Drug Abuse.

June 23, 2015 in Criminal justice developments and reforms, Food and Drink, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

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)

Wednesday, June 17, 2015

"Concern Grows Over Unregulated Pesticide Use Among Marijuana Growers"

The title of this post is the headline of this intriguing NPR piece, which somewhat reinforces my belief that the modern marijuana reform movement is going to have to work through a number of notable environmental issues in the years ahead. Here are excerpts:

The marijuana industry has a pesticide problem. Many commercial cannabis growers use chemicals to control bugs and mold. But the plant's legal status is unresolved....

As any farmer will likely say, damage to the crop equals damage to the bottom line. [Colorado grow ownwer Nick] Dice's employees used to spray the crop with mild chemicals. They would switch between multiple pesticides and mildew treatments, treating anywhere from every three to four days. Dice says he's seen other operations crumble as their cannabis succumbs to mildew or bugs. Pest controls ensure a good yield. And when it comes to cannabis, yields really matter.

Dice estimates the grow room is worth as much as $180,000. Protecting that yield is hard work. That's why many growers in states that have legalized recreational or medical marijuana use chemicals. But it's the federal government that tells farmers which pesticides are safe to use. And so far, the feds wants nothing to do with legalized marijuana. Colorado State University entomologist Whitney Cranshaw says that's left growers to experiment with little oversight. "In the absence of any direction the subject of pesticide use on the crop has just devolved to just whatever people think is working or they think is appropriate," he says.

Tobacco farmers, for example, have a stable of pesticides the government says are safe to use. But Cranshaw says marijuana growers have none. "Sometimes they've used some things that are inappropriate, sometimes unsafe," he says.

Brett Eaton is a plant expert with American Cannabis Company, a Denver-based consulting group. He's concerned about what the pesticides are doing to the product as well as the consumer. "Anybody can get their hands on harmful chemicals, and they can just spray away all the way up until the last day of harvest," he says.

Safety concerns led Denver officials to place a hold on tens of thousands of marijuana plants earlier this year, pending an investigation. Colorado doesn't require growers to test the crop for traces of pesticides before being sold. But state agriculture officials did recently release a list of pesticides deemed appropriate for use on cannabis. Washington state, Nevada and Illinois have similar lists. Eaton says regulators are only playing catch up. "Other agricultural industries already have policy in place for the safe use of spraying certain pesticides and fungicides," he says. "This being a new industry, it hasn't been addressed yet."

And with more states turning marijuana into a legal commodity crop, it'll take a mix of policy, science and industry self-regulation to figure out what's appropriate, and what's not.

June 17, 2015 in Business laws and regulatory issues, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, June 16, 2015

What can and should we conclude about new survey data on adult marijuana use in Colorado?

The question in the title of this post is prompted by this interesting new report showing the results of a statewide study funded by the Colorado Department of Public Health and Environment. As this AP article, reports these basics (with my emphasis added):

Results from the 2014 survey were announced Monday.  The Colorado Department of Public Health and Environment says that 13.6 percent of adults currently use pot. Of those, more than a third said they use pot every day.   Almost half, 48.9 percent, said they’ve ever used pot.  Adults with higher incomes and more education were more likely than others to have used marijuana.

To begin any analysis of this data, I think we must start by whether the data conclusively shows whether marijuana use truly has increased in Colorado recently as a result of legalization or whether just more current and former marijuana users feel more comfortable admitting in a government survey that they are marijuana users. In addition, there is reason to suspect a not-insignificant number of marijuana users moved into Colorado in the wake of its 2012 vote to legalize the drug, and such migration to a relatively low-population state could also move the numbers a bit here.

More important that unpacking the basics of this data is to integrating it with other critical public health data. Even if marijuana use has increased in Colorado significantly, I would be eager to know if there has been any corresponding significant change in illegal drug use patters, and well as in patterns of alcohol and tobacco use and abuse. Without such data (and lots more), I think it is nearly impossible to draw any definitive public health and safety conclusions from use survey data in the short term.

June 16, 2015 in Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | 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 1, 2015

Mark your calendar (and plan to attend) the "Ohio Marijuana Policy Reform Symposium" on June 11

I am pleased to be able to play a role in putting together what should be an informative and exciting event next week at my own Moritz College of Law.  Specifically, as briefly described on this registration page, here is what on the slate for next Thursday, June 11, 2015, on the campus of The Ohio State University:

The Marijuana Policies of Ohio Task Force, chaired by Hamilton County Prosecutor Joe Deters, will present the findings of its comprehensive research at a symposium on June 11 hosted at The Ohio State University Moritz College of Law.  

The Task Force’s research report assesses and analyzes proposed marijuana legalization initiatives in four key areas: public safety and law enforcement, the economy, public health, and regulatory impact.  The symposium will also include a panel discussion with national recognized experts in marijuana policy and law.

A press briefing will precede the event.  For more information, please contact Kathy Berta at Kathy @ rstrategygroup.com

As of this writing, there is no charge for attending this event, but space in the auditorium can get limited so I highly encourage everyone interested in attending to pre-register via this webpage.

June 1, 2015 in Initiative reforms in states, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Sunday, May 24, 2015

"Oregon's big marijuana harvests: How do you bring all that pot into the legal market?"

The title of this post is the headline of this interesting local article noting that Oregon already had a robust marijuana production market before it legalized the product via voter initiative last year.  Here is how it gets started:

More than any state that has legalized marijuana, Oregon is a champion when it comes to producing the drug. Seth Crawford, a marijuana policy researcher at Oregon State University, estimates the state grows three to five times the 150,000 pounds or so consumed by Oregon pot users -- a crop potentially worth more than any other single agricultural commodity in the state.

A report from a Seattle venture capital firm specializing in pot says the state's legally allowed producers – those who grow for medical marijuana patients – harvest enough to meet the needs not only of patients in Oregon but in Washington, Colorado and Arizona as well.

"We've got plenty of supply," says Senate Minority Leader Ted Ferrioli, R-John Day, and a member of the committee overseeing implementation of the pot legalization initiative. He wholeheartedly endorsed the common quip that Oregon is the "Saudi Arabia of marijuana."

As a result, the legislative debate over how to implement the November initiative that legalized recreational marijuana has revolved around how to turn this thriving – if often illegal -- industry into an economic and societal success story. The abundance of the state's marijuana crop is driving some of the biggest decisions that legislators face, from how strictly to regulate medical marijuana growers to whether to put a sales tax on pot despite the state's historic hostility to such taxes.

A growing number of legislators on the Joint Committee on Implementing Measure 91 say they want to start retail sales as early as possible to entice growers into the legal market. The Oregon Liquor Control Commission, which Measure 91 charged with regulating the recreational marijuana market, says it probably won't be ready to allow retail outlets to open until fall of 2016.

But key lawmakers on the marijuana committee say they are seriously looking at allowing the sale of at least smokable pot starting Oct. 1 at existing medical marijuana dispensaries. "There are already well-established black-market channels," says Sen. Ginny Burdick, D-Portland and the co-chair of the Measure 91 committee, "and we need to make this (legal) market as appealing to people as possible."

Burdick has been a particularly strong champion of legislation putting stricter limits on the size of medical marijuana growing operations, saying she wants to channel larger and more commercially minded producers into the recreational market.

Oregon has nearly 35,000 registered grow sites, according to the latest Oregon Health Authority records, but three-quarters serve just one or two patients, each of whom can have up to six plants grown for them. Nearly 400 sites grow for at least 10 patients and account for much of Oregon's marijuana crop.

The heart of the industry is in southern Oregon, where growers have plenty of sun and rural isolation. "You can't compete with the quantity and quality produced in southern Oregon," says Crawford, the OSU expert who has extensively researched the area's marijuana culture. He says many growers have been producing pot for decades, perfecting their strains and earning a supplemental income for their family.

May 24, 2015 in Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)

Thursday, May 21, 2015

Latest polling data in Colorado and Washington continue to show strong support for legalization

As reported in this new Huffington Post piece, headlined "Pioneer Pot States Did The Right Thing, Polls Show," recent polling in the two states to lead the modern marijuana legalization movement indicates that three years of experience with legalization has not diminished support for these reforms.  Here are the basic details:

Support for legalized marijuana seems to be growing in Colorado and Washington state, which became the first U.S. states to regulate the weed for recreational use two years ago.

A survey released Wednesday from Democratic-leaning Public Policy Polling shows that 56 percent of voters in Washington state approve of their state's recreational marijuana laws, while 37 percent are opposed. The opposition is lower than that in the 2012 vote to approve legalization, in which 56 percent supported the measure, and 44 percent disapproved. Moreover, a majority of Washington voters -- 77 percent -- say the marijuana laws have either had a positive effect or no effect on their lives, according to the poll.

A Qunnipiac poll last month tells a similar story in Colorado. Sixty-two percent of Colorado voters support reformed marijuana laws, the poll shows. That's an increase of 7 percentage points over the margin of support when voters approved Colorado's legalization in 2012....

Colorado became the first U.S. state to legalize recreational marijuana in 2012, quickly followed by Washington. The first retail shops opened in 2014. By the end of last year, voters in Oregon, Alaska and Washington, D.C., approved recreational marijuana legalization measures. By 2016, as many as 10 additional states are likely to consider reforming marijuana laws.

May 21, 2015 in History of Marijuana Laws in the United States, Initiative reforms in states, Polling data and results, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, May 19, 2015

"How D.C. pot legalization has become ‘the dealer-protection act of 2015’"

The title of this post is the headline of this fascinating recent Washington Post article.  Here are excerpts:

Not long ago, a man who had covertly dealt pot in the nation’s capital for three decades approached a young political operative at a birthday party in a downtown Washington steakhouse. He was about to test a fresh marketing strategy to take advantage of the District’s peculiar new marijuana law, which allows people to possess and privately consume the drug but provides them no way to legally buy it for recreational use. Those contradictions have created a surge in demand and new opportunities for illicit pot purveyors.

“Do you like cannabis?” asked the dealer. “Yes,” answered the man, who had recently left his job as a Republican Senate staffer.

So, the dealer recalled, he handed his new acquaintance a tiny plastic bag that contained half a gram of “Blue Dream,” a sweet and fruity strain of marijuana. With the bag he also presented a business card and an offer: If you like what you try, call me. Within days, the man — now a lobbyist — picked up the phone.

The dealer — who, like others interviewed, spoke on the condition of anonymity because what they do remains illegal — said he has used that same in-plain-sight sales pitch at similarly upscale D.C. settings, collecting three new buyers and a pair of new suppliers. The new business is all thanks to the quirks of the District’s legalization, which has boosted the appetite for marijuana as more people become comfortable acquiring it through the black market. “It’s the dealer-protection act of 2015,” he said. “This was a license for me to print money.”

Who is responsible for this unintended consequence depends on whom you ask. In November, Washington voters overwhelmingly approved an initiative that made it legal to possess and grow marijuana, but the following month, Congress enacted a spending prohibition that barred the city from creating a system through which pot could be lawfully bought, sold and taxed.

That means there are only three ways for people in the District to legally obtain marijuana. Someone can give it to them, though the donors, of course, must find their own original source. Residents can each grow as many as three plants to maturity at one time, though that process is complicated, expensive and time-consuming. And with a doctor’s approval, people can get medical-marijuana cards, though supply remains dismal.

“The black market is the obvious choice,” said a 24-year-old government contractor who deals part time. “It’s awesome.”

Rep. Andy Harris (R-Md.), who has led Congress’s charge to thwart the legalization, blamed city leaders, insisting that they should have forbidden possession when he and other lawmakers prevented Washington from creating a controlled marketplace. “There’s no question that demand will go up, and there’s no legal source of supply,” he said. “Clearly, this was not thought out rationally by the city government, which chose to go forward with legalization without regulation.”

John Falcicchio, chief of staff for Mayor Muriel E. Bowser (D), sharply countered that assertion. “In D.C., it shouldn’t be called the black market. It should be called the Harris market,” he said. “If there’s any uptick in the black market, it’s thanks to Harris.”...

That boost in demand, supporters of legalization say, helps explain why lawful use in the District must be paired with lawful sales.   “If you’re going to legalize marijuana, you also have to legalize the supply because you want to get rid of the black market or at least limit the black market,” said Keith Stroup, founder of NORML.  “Right now, they’ve done the exact opposite.”

Delroy Burton, chairman of the D.C. Fraternal Order of Police, said a regulated market would have “pulled the teeth out of the illegal drug trade” and eventually wiped out the violence associated with it.

Jeffrey Miron, an economics teacher at Harvard University, compared marijuana’s potential evolution to that of alcohol after prohibition ended in 1933.   “People seem to prefer going to a legal supplier rather than making beer in their basement,” said Miron, director of economic studies at the libertarian Cato Institute, which supports the legalization of all drugs.

He and others who have studied the topic don’t suggest that illicit sales would disappear overnight, but after several years — even a decade — they argue that the black market could not compete with a controlled market.

Rep. Andy Harris rejected those arguments.  “I think there’s value in keeping the supply chain illegal at this point,” he said, maintaining that it provides “a check on the system.”

The longtime District dealer who now markets his product at chic D.C. gatherings has already considered what he would do if the city regulated pot sales.  He and his friends, he said, would open their own dispensary.  They’d go legit.

May 19, 2015 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, May 17, 2015

"New Challenge for Police: Finding Pot in Lollipops and Marshmallows"

Images (5)The title of this post is the headline of this new New York Times article, which includes these excerpts:

After nearly 20 years on the job, Jim Jeffries, the police chief in LaFollette, Tenn., has seen his share of marijuana seizures — dry green buds stashed in trunks or beneath seats, often double­bagged to smother the distinctive scent. But these days, Chief Jeffries is on the lookout for something unexpected: lollipops and marshmallows.

Recently his officers pulled over a Chevy Blazer driven by a couple with three children in tow. Inside, the officers discovered 24 pounds of marijuanalaced cookies and small hard candies shaped like gingerbread men, plus a tub of pungent marijuana butter perfect for making more. The bags of Kraft marshmallows looked innocent enough. But a meat injector was also found in the car. After searching the Internet, Chief Jeffries realized that the marshmallows probably had been infused with the marijuana butter and heat­sealed into their bags....

Across the country, law enforcement agencies long accustomed to seizures of bagged, smokable marijuana are now wrestling with a surge in marijuana­-infused snacks and confections transported illegally across state lines for resale.

Pot edibles, as they are called, can be much easier to smuggle than marijuana buds: They may resemble candy or home­baked goodies, and often have no telltale smell. And few police officers are trained to think of gummy bears, mints or neon­colored drinks as potential dope.

Some experts worry that smuggled pot edibles will appeal to many consumers, particularly adolescents, who are ill prepared for the deceptively slow high. Impatient novices can easily eat too much too fast, suffering anxiety attacks and symptoms resembling psychosis. Already, young children have eaten laced sweets left within reach. Many live in states where there has been no public education about responsible consumption of marijuana.

“Citizens in nonlegalization states are far less likely to be receiving those messages, so their risks are probably greater,” said Robert J. MacCoun, a professor of law at Stanford who recently co­wrote an editorial in The New England Journal of Medicine urging stronger regulation of pot edibles.

There are no hard numbers for the amount of pot edibles being trafficked interstate, but police departments in a variety of jurisdictions without legal sales report seizing increasing amounts in the past year. The quantities suggest the products are intended to supply a growing demand, law enforcement officials say....

The popularity of confections laced with marijuana has caught many health officials by surprise. Pot edibles took off in 2014, the first year of recreational sales in Colorado, when nearly five million individual items were sold to patients and adult users. Demand in Colorado and Washington State has spawned a stunning assortment of snacks and sweets, from Mondo’s sugar­free vegan bars to Dixie Edibles’ white chocolate peppermint squares.

Today consumers 21 and older can legally buy pot edibles in those two states; soon adults in Oregon and Alaska will join them. Pot edibles are available to medical users in at least a half dozen of the 23 states with medical marijuana programs.

Edibles make sense for marijuana entrepreneurs. In the past, marijuana buds were sold, and the rest of the plant was usually discarded. But with an extraction machine, makers of edible products can use the entire plant. “In a world where THC becomes inexpensive, you would like to differentiate your product from other people’s products in ways that allow you to maintain a higher profit margin,” said Jonathan Caulkins, a co­author of “Marijuana Legalization,” who has studied black markets for cocaine and marijuana. “Edibles offer some opportunities for that.”...

The manufacturers themselves say they receive constant requests for outof­state shipments. James Howler, the chief executive of Cheeba Chews, based in Denver, said his team fields emails from people nationwide — from epilepsy patients in Iowa to a retired mechanic in Florida, all of whom would rather snack on marijuana than smoke it.

“The needs and curiosity from around the country can be overwhelming,” he said. Still, Mr. Howler said, he declines them all. “It is highly illegal, and stupid to think we would risk everything,” he said.

May 17, 2015 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Monday, May 11, 2015

Notable Ohio county prosecutor calls pot prohibition a "disastrous waste of public funds"

Images (9)As reported in this Cincinnati Enquirer article, headlined "Prosecutor Deters OK with legalizing pot," a high-profile prosecutor in Ohio is now publicly getting involved with efforts to reform the state's marijuana laws. Here are the details:

The campaign to legalize marijuana in Ohio found an unlikely friend Monday in Hamilton County Prosecutor Joe Deters.

Deters, a life-long Republican and law-and-order prosecutor, said he agreed to lead a task force on the potential impact of legalization in part because he's been unhappy for years with the state's marijuana laws. He said they waste taxpayer dollars and target people who typically are not much of a threat to society.

"I think they're outdated and ludicrous," Deters said of marijuana laws. "I don't use marijuana, but I know people who do use marijuana, and I'd rather deal with someone who smoked a joint than someone who drank a bottle of vodka any day of the week."

When asked if he favors legalization, Deters told The Enquirer: "I don't have any problem with it at all."

ResponsibleOhio, the group of wealthy investors campaigning for legalization, asked Deters to lead the task force. Deters said he's not being paid for his work on the task force and agreed to do it because he's interested in the issue and the potential impact on law enforcement.

He said finding an affordable and efficient way to test drivers who are suspected of being impaired by marijuana use is one of his concerns. "There is a public safety element to this," Deters said. His goal is to produce a report on the impact of legalization within a few months....

Deters said he doesn't buy the argument that prisons are filled with low-level drug offenders, but he does think the time and money devoted to marijuana enforcement could be better spent elsewhere. "It's been a disastrous waste of public funds," Deters said....

Deters said he's not taking a position on ResponsibleOhio's proposed business model, but he said it makes sense for the state to regulate and tax marijuana. "You can walk outside your building and buy marijuana in 10 minutes," Deters said. "The question is, do we want schools and local governments getting the money or the bad guys?"

He said it's also wise for the state to prepare for legalization, whether or not ResponsibleOhio succeeds, because voters seem more willing to support it and other states are adopting similar measures. "The days of 'reefer madness' are gone, because that's not the reality," Deters said, referring to the 1950s-era movies that vilified marijuana and those who used it.

He said he's reaching out now to academics, elected officials and law enforcement to participate in the task force.

I have long known and respected the work of Joe Deters, even though we have sometimes disagreed on various professional matters through our work on the Ohio Death Penalty Task Force and in other settings.  I had heard from various folks involved with the ResponsibleOhio campaign that they were seeking to have a prominent, knowledgeable person running a task force to examine these important marijuana reform topics, and I am especially pleased to see that Joe Deters is now officially and publicly at the helm.

May 11, 2015 in Criminal justice developments and reforms, Initiative reforms in states, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Thursday, May 7, 2015

"Why Washington state is extinguishing medical marijuana" ... while the black market endures

The title of this post adds to the headline of this notable Mashable piece discussing notable marketplace developments in one of the first two states that legalized recreational marijuana via initiative votes in 2012.   Here are excerpts:

For the past 10 months, three marijuana markets have been operating simultaneously in Washington state: the street market, the medical market and the recreational market. In the future, however, there will only be two. And contrary to some people’s expectations about legal recreational pot making drug dealers obsolete, it’s the medical dispensaries that will disappear first.

Washington State Governor Jay Inslee signed a bill in April that will overhaul medical marijuana and reconcile the two legal markets into one. Medical marijuana dispensaries as they exist now will either close or seek licenses in the regulated industry. In the future, medical customers will have to look to “medically endorsed” recreational marijuana stores for their supply.

Washington's medical marijuana market has always been "looser than anywhere in the country,” says Rick Garza, head of the state Liquor Control Board, the agency that oversees the marijuana industry.

"With I-502 (the recreational market), you have a tightly regulated business that has to make a big investment and pay taxes and fees," says Garza. And while medical marijuana is legal, it has become somewhat of a "gray area" because the "vast majority" of users served by the dispensaries are truly recreational users anyway, says Garza. "You have this unregulated and untaxed [medical] dispensary that's competing directly with the regulated market." "You have this unregulated and untaxed [medical] dispensary that's competing directly with the regulated market."

It's hard to measure the size of each of these markets, but to get a general idea I talked to a budtender and an illegal street dealer to get their perspectives on the state of Washington pot. Regardless where the lines of legality are drawn (and redrawn), there's a lot of pot floating around the Evergreen state. A study by the RAND Corporation found that marijuana consumption in Washington during 2013 was between 135 and 225 metric tons (that’s 297,624 to 464,040 pounds).

Garza guesses the recreational stores have so far only captured 3-5% of the total marketplace. And seeing as how the recreational market has generated $168 million in sales in the 10 months it has been operational in Washington, that gives you an idea of the size and potential of the industry as a whole.

A male pot dealer in his early twenties, who spoke on the condition of anonymity, has been selling weed in the state for the past couple of years while finishing a degree. He sells primarily to college kids, so he didn’t expect business to change, but says he doesn’t see a drop in sales for dealers who sell to older demographics either. “People don't realize just how big the street market is,” he says....

The Liquor Control Board guesses the medical industry has captured 40-50% of the market, but it’s impossible to say how big the medical marijuana population is because Washington has never required a patient registry or ID cards like other states with medical systems do.

Since the state’s first recreational stores opened in July 2014, about 134 retail locations have opened alongside some 1,100 medical dispensaries in the state. However, the Liquor Control Board calls the estimated number of dispensaries “conservative.”

Pricing at medical dispensaries has remained cheaper than that of recreational stores because they aren't subject to the same high taxes. A gram of weed at a dispensary generally costs around $10-12 versus $12-16 on average at recreational stores. Weed on the street, however, remains at a pretty steady $8-10.

"The street can always offer prices that are below that of the stores," says the dealer I spoke with. And while street products may lack the variety of brick and mortar stores, they have added convenience because dealers can move around. "The street can more effectively distribute, because people don't have to come to you."

For some people illegal pot sales are more simple (and familiar). Text your dealer, meet up, trade cash for whatever weed they have and part ways. At recreational stores, customers have to be 21, visit at set hours and locations, and sort through a dizzying array of products. Some people find it more complex to buy legal marijuana.

May 7, 2015 in Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)