Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, March 16, 2017

New survey finds quarter of all beer drinkers would switch to marijuana if legalized

The title of this post comes from this article on the results of a recent survey finding marijuana legalization could greatly affect brewers' bottom lines. The article begins:

American presidents and poets have long expressed their love of beer. Abraham Lincoln said he firmly believed the people could be depended upon in any national crisis, as long as they were given “the facts and beer.” Edgar Allen Poe wrote an ode to the stuff, and Charles Bukowski called brew his “continuous lover.”

 

Yet more than a quarter of American beer drinkers have switched to marijuana, or would switch if it was legally accessible, a new report finds. According to the Cannabiz Consumer Group (C2G), 27% of 40,000 people surveyed last year said that cannabis already does replace beer in their lives or could if the former were legalized.

 

Brewers, who in 2015 sold more than $105 billion worth of beer, stand to lose from this tradeoff. Specifically, about $2 billion annually, C2G predicts, noting that wine and spirits sales will be affected as well. Ultimately, the analysts project, cannabis will cost beer 7% of its market.

 

There’s some evidence to support the claim. A 2016 report from the investment research group Cowen and Company noted that cannabis consumption seems to be leading to lower beer sales in Oregon, Colorado, and Washington, the three states where weed is recreationally legal. The shift in consumption habits was apparently most dramatic in Denver, where people bought 6% less beer post-legalization. Analysts said too that higher-income consumers and men in general have been drinking less alcohol in the past five years, while weed use rose among those groups.

 

Also worth noting: Cannabis consumption has variety on its side. There are of course classic methods, like smoking flowers and hash, but enthusiasts can also take advantage of vaporizers, edibles, infused beverages, powders, tablets, creams, tinctures, and ointments, plus whatever’s in development.

 

More than 24 million Americans legally accessed weed in 2016, and the new C2G report argues that these figures will only grow. It projects that “legal cannabis penetration will settle at a level comparable to that of beer and wine and that a fully mature market would create a new $50 billion industry.” 

March 16, 2017 in Polling data and results, Recreational Marijuana Data and Research | Permalink | Comments (0)

Monday, March 6, 2017

Pennsylvania's Auditor General suggests marijuana legalization could help state close budget deficit

Regulating Marijuana FINALA notable bean-counter is making a notable case for marijuana reform in the Keystone State. This official press release, headlined "Auditor General DePasquale Recommends Regulating, Taxing Marijuana as Right Move to Help Deal with Critical Issues: Result would bring in revenue, create jobs, reduce corrections costs," explains:

Auditor General Eugene DePasquale said today Pennsylvania should strongly consider regulating and taxing marijuana to benefit from a booming industry expected to be worth $20 billion and employ more than 280,000 in the next decade. “The regulation and taxation of the marijuana train has rumbled out of the station, and it is time to add a stop in the Commonwealth of Pennsylvania,” DePasquale said during a news conference at the state capitol.

“I make this recommendation because it is a more sane policy to deal with a critical issue facing the state. Other states are already taking advantage of the opportunity for massive job creation and savings from reduced arrests and criminal prosecutions. In addition, it would generate hundreds of millions of dollars each year that could help tackle Pennsylvania’s budget problems.”...

In 2012, Colorado voters approved legalizing, regulating and taxing marijuana. Last year, Colorado – which has less than half the population of Pennsylvania – brought in $129 million in tax revenue on $1 billion in marijuana sales from the new industry that had already created an estimated 18,000 jobs. “The revenue that could be generated would help address Pennsylvania’s revenue and spending issue. But there is more to this than simply tax dollars and jobs,” DePasquale said. “There is also social impact, specifically related to arrests, and the personal, emotional, and financial devastation that may result from such arrests.”

In Colorado’s experience, after regulation and taxation of marijuana, the total number of marijuana arrests decreased by nearly half between 2012 and 2014, from nearly 13,000 arrests to 7,000 arrests. Marijuana possession arrests, which make up the majority of all marijuana arrests, were nearly cut in half, down 47 percent, and marijuana sales arrests decreased by 24 percent. “All told, this decrease in arrest numbers represent thousands of people who would otherwise have blemished records that could prevent them from obtaining future employment or even housing,” DePasquale said. “Decriminalization also generates millions in savings from fewer arrests and prosecutions.”

DePasquale said Pennsylvania has already benefited by some cities decriminalizing marijuana. In Philadelphia, marijuana arrests went from 2,843 in 2014 to 969 in 2016. Based on a recent study, the RAND Corporation estimated the cost for each marijuana arrest and prosecution is approximately $2,200. Using those figures, that’s a savings of more than $4.1 million in one Pennsylvania city. Last year, York, Dauphin, Chester, Delaware, Bucks and Montgomery counties each had more arrests for small amounts of marijuana than Philadelphia. Those counties had between 800 and 1,400 arrests in 2015.

“Obviously, regulation and taxation of marijuana is not something that should be entered into lightly,” DePasquale said. “Should Pennsylvania join the growing number of states benefiting financially and socially from the taxation and regulation of marijuana; there are many things to consider, including details about age limits, regulatory oversight, licensing, grow policies, sale and use locations, and possession limitations.

“As I said earlier, the train has indeed left the station on the regulation and taxation of marijuana,” DePasquale said. “It is time for this commonwealth to seriously consider this opportunity to generate hundreds of millions of dollars in new revenue.”

March 6, 2017 in Business laws and regulatory issues, Criminal justice developments and reforms, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues , Who decides | Permalink | Comments (0)

Wednesday, February 22, 2017

New report projects extraordinary job growth in US marijuana industry

This new Forbes article, headlined "Marijuana Industry Projected To Create More Jobs Than Manufacturing By 2020," highlights some of the economic development potential that is forecast by some in the marijuana arena. Here are the details:

Jobs. That is what the marijuana industry hopes will keep the Trump administration from cracking down on cannabis companies.

A new report from New Frontier data projects that by 2020, the legal cannabis market will create more than a quarter of a million jobs. This is more than the expected jobs from manufacturing, utilities or even government jobs, according to the Bureau of Labor Statistics. The BLS says that by 2024 manufacturing jobs are expected to decline by 814,000, utilities will lose 47,000 jobs and government jobs will decline by 383,000. This dovetails with data that suggests the fastest growing industries are all healthcare related.

The legal cannabis market was worth an estimated $7.2 billion in 2016 and is projected to grow at a compound annual growth rate of 17%. Medical marijuana sales are projected to grow from $4.7 billion in 2016 to $13.3 billion in 2020. Adult recreational sales are estimated to jump from $2.6 billion in 2016 to $11.2 billion by 2020. New Frontier bases these projections on the markets that have already passed such legal initiatives and don't include additional states that could come on board by 2020....

“These numbers confirm that cannabis is a major economic driver and job creation engine for the U.S. economy,” said Giadha Aguirre De Carcer, Founder and CEO of New Frontier Data. “While we see a potential drop in total number of U.S. jobs created in 2017, as reported by Kiplinger, as well as an overall expected drop in GDP growth, the cannabis industry continues to be a positive contributing factor to growth at a time of potential decline. We expect the cannabis industry’s growth to be slowed down to some degree in the next three to five years, however with a projected total market sales to exceed $24 billion by 2025, and the possibility of almost 300,000 jobs by 2020, it remains a positive economic force in the U.S.”

New Frontier based its projections on analysis from the Marijuana Policy Group which was hired by Colorado for an economic analysis. According to annual surveys of cannabis professionals by the Marijuana Business Daily, the industry already employs 100,000 to 150,000 workers and nearly 90,000 are in plant-touching companies....

Many employees in the industry seem thankful for their jobs and are genuinely happy with their employment. The alternative culture appeals to many who have no interest in cubicle jobs or working for a big corporate giant. It is increasingly pulling professionals from more traditional industries who are looking for new challenges and different work environments. “The governments and the programs that they've instilled into these (legalized) states have created great job opportunities and excellent business opportunities for entrepreneurs,” said Mark Lustig, Chief Executive Officer of CannaRoyalty. “They've created the right competition.”

February 22, 2017 in Business laws and regulatory issues, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Friday, February 10, 2017

Colorado records another record high: state marijuana sales in 2016 hits $1.3 billion

This article from the Cannabist, headlined "Colorado sold $1.3 billion worth of marijuana in 2016," report on the latest notable sales numbers for the first state to have legalize recreational marijuana stores. Here are the details:

It’s a billion-dollar business — and then some. In 2016, Colorado’s dispensaries bagged $1.3 billion in recreational and medical cannabis sales, based on Colorado Department of Revenue tax data released Thursday.

To put the state’s third year of regulated recreational marijuana sales in perspective, Year One totaled $699.2 million (combined with medical sales) and Year Two jumped up to $996.2 million. The trend should continue in Year Four, but beyond that? It’s a murkier proposition.

“Colorado has had a really good run, being the first mover,” said Miles Light, an economist with the Marijuana Policy Group, which provides economic and market consulting services to legal cannabis markets. “Now, as other states legalize, some of these external benefits that are occurring are going to be eroded.”...

2016 was the year in which the $100-million-month became a baseline and heralded a record-breaking summer: The combined sales for July, August and September were $376.6 million. Monthly sales topped $100 million in eight of the 12 months. In December, which is typically a strong month for cannabis transactions, pot shops’ sales were a little more than $114.7 million, a 13 percent increase from the $101.3 million recorded in December 2015....

The Colorado Department of Revenue’s tax data don’t provide information about transactions, so it’s difficult to know the impact of price declines on the overall sales totals. The data do show that recreational marijuana accounted for an $875 million share of that haul while medical sales accounted for roughly $438 million.

They also show that Colorado brought in about $199 million in tax and fees revenue for the calendar year. Marijuana tax revenue is put toward areas such as school construction projects, public health and law enforcement.

It’s the visitor demand that drives a lot of this incremental growth in Colorado’s marijuana industry, Light said. That includes the tourist who buys an eighth for a ski trip here and that’s also the visitors who come into the state to purchase product to illegally supply to other markets, he said. The Denver Post reported in January that research commissioned by the Colorado Tourism Office found interest in legal weed waning among visitors. “2016 represented a return to the more usual Colorado traveler,” tourism director Cathy Ritter said.

February 10, 2017 in History of Marijuana Laws in the United States, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Friday, February 3, 2017

New Textbook on Marijuana Law, Policy, and Authority

I’m happy to announce that my first-of-its-kind textbook on Marijuana Law, Policy, and Authority will soon be published by Aspen. It will be out in April (in e form) and May (in print). The teacher’s manual and a companion website will be available soon thereafter. Many thanks to Doug and others who have provided helpful feedback on this book over the last 2.5 years!

The book covers a lot of ground, befitting a field that implicates so many different areas of law. The first chapter of the book is now available on SSRN. That chapter provides more details about the book’s coverage and approach, and it also explains why this is such an interesting and worthwhile area of law to study – and not just for those who are interested in practicing in this burgeoning field.

Not coincidentally, I will be posting more this month (both here and at Prawfsblawg) on topics drawn from the book. My first post at Prawfsblawg briefly laid out the case for teaching and writing about marijuana law. Even though most people who read this blog are already sold on the subject, I’ll copy the relevant passage here:

“For one thing, state marijuana reforms and the federal response to them have sparked some of the most challenging and interesting legal controversies of our day. May the states legalize a drug while Congress forbids it? Even so, are state regulations governing marijuana preempted by federal law? Does anyone (besides the DOJ) have a cause of action to challenge them as such? Can the President suspend enforcement of the federal ban? Do state restrictions on marijuana industry advertising violate the First Amendment? These are just a handful of the intriguing questions that are now being confronted in this field.

Just as importantly, there is a large and growing number of people who care about the answers to such questions. Forty-three (43) states and the District of Columbia have legalized possession and use of some form of marijuana by at least some people. These reforms – not to mention the prohibitions that remain in place at the federal level – affect a staggering number of people. Roughly 40% of adults in the U.S. have tried marijuana, and more than 22 million people use the drug regularly. To supply this demand, thousands of people are growing and selling marijuana. In Colorado alone, for example, there are more than 600 state licensed marijuana suppliers. There are also countless third parties who regularly deal with these users and suppliers, including physicians who recommend marijuana to patients, banks that provide payment services to the marijuana industry, firms that employ marijuana users, and lawyers who advise all of the above.

All of these people need help navigating a thicket of complicated and oftentimes conflicting laws governing marijuana. Colorado, for example, has promulgated more than 200 pages of regulations to govern its $1 billion a year licensed marijuana industry. Among many other things, Colorado’s regulations require suppliers to carefully track their inventories, test and label their products, and limit where and how they advertise. These regulations are complicated enough but doubts about their enforceability (highlighted in the questions above) only add to the confusion and the need for informed legal advice.”

In the coming weeks, I will blog about some of the questions noted above. In the meantime, if you are interested in teaching a course or a unit on any aspect of marijuana law, contact me – robert<dot>mikos<at>vanderbilt<dot>edu -- I would be happy to chat.

February 3, 2017 in Assembled readings on specific topics, Books, Business laws and regulatory issues, Current Affairs, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, State court rulings, Who decides | Permalink | Comments (2)

Tuesday, January 31, 2017

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

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

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

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

Thursday, January 12, 2017

National Academies of Sciences, Engineering, and Medicine releases massive new report on "Health Effects of Cannabis and Cannabinoids"

24625-0309453046-200I am very pleased to see that today, just in time for a long weekend, the National Academies of Sciences, Engineering, and Medicine has produced this massive new report titled "The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research."  The nearly 400-page report is available for download from this website, and here its the website's brief account of the report's coverage:

In one of the most comprehensive studies of recent research on the health effects of recreational and therapeutic cannabis use, a new report from the National Academies of Sciences, Engineering, and Medicine offers a rigorous review of relevant scientific research published since 1999. This report summarizes the current state of evidence regarding what is known about the health impacts of cannabis and cannabis-derived products, including effects related to therapeutic uses of cannabis and potential health risks related to certain cancers, diseases, mental health disorders, and injuries. Areas in need of additional research and current barriers to conducting cannabis research are also covered in this comprehensive report.

Helpfully, this new Business Insider article provides some of the substantive highlights of this important new report under the headline "11 key findings from one of the most comprehensive reports ever on the health effects of marijuana."  Here are excerpts from this press account:

A massive report released today by the National Academies of Sciences, Engineering, and Medicine gives one of the most comprehensive looks — and certainly the most up-to-date — at exactly what we know about the science of cannabis.  The committee behind the report, representing top universities around the country, considered more than 10,000 studies for its analysis, from which it was able to draw nearly 100 conclusions.

In large part, the report reveals how much we still have to learn, but it's still surprising to see how much we know about certain health effects of cannabis.  This summation was sorely needed, as is more research on the topic.... Before we dive into the findings, there are two quick things to keep in mind.

First, the language in the report is designed to say exactly how much we know — and don't know — about a certain effect. Terms like "conclusive evidence" mean we have enough data to make a firm conclusion; terms like "limited evidence" mean there's still significant uncertainty, even if there are good studies supporting an idea; and different degrees of certainty fall between these levels.  For many things, there's still insufficient data to really say anything positive or negative about cannabis.

Second, context is important. Many of these findings are meant as summations of fact, not endorsements or condemnations. For example, the report found evidence that driving while high increased the risk of an accident. But the report also notes that certain studies have found lower crash rates after the introduction of medical cannabis to an area. It's possible that cannabis makes driving more dangerous and that the number of crashes could decrease after introduction if people take proper precautions.

We'll work on providing context to these findings over the next few days but wanted to share some of the initial findings first. With that in mind, here are some of the most striking findings from the report:

• There was conclusive or substantial evidence (the most definitive levels) that cannabis or cannabinoids, found in the marijuana plant, can be an effective treatment for chronic pain, according to the report, which is "by far the most common" reason people request medical marijuana. With similar certainty, they found that cannabis can help treat muscle spasms related to multiple sclerosis and can help prevent or treat nausea and vomiting associated with chemotherapy.

• The authors found evidence that suggested that marijuana increased the risk of a driving crash.

• They also found evidence that in states with legal access to marijuana, children were more likely to accidentally consume cannabis.

We've looked at these numbers before and seen that the overall increases in risk are small — one study found that the rate of overall accidental ingestion among children went from 1.2 per 100,000 two years before legalization to 2.3 per 100,000 two years after legalization. There's still a far higher chance parents call poison control because of kids eating crayons or diaper cream, but it's still important to know that some increased risk could exist.

• Perhaps surprisingly, the authors found moderate evidence (a pretty decent level of certainty and an indication that good data exists) that cannabis was not connected to any increased risk of the lung cancers or head and neck cancers associated with smoking. However, they did find some limited evidence suggesting that chronic or frequent users may have higher rates of a certain type of testicular cancer.

• Connections to heart conditions were less clear. There's insufficient evidence to support or refute the idea that cannabis might increase the risk of a heart attack, though there was some limited evidence that smoking cannabis might be a trigger for a heart attack.

• There was substantial evidence that regular marijuana smokers are more likely to experience chronic bronchitis and that stopping smoking was likely to improve these conditions. There's not enough evidence to say that that cannabis does or doesn't increase the risk for respiratory conditions like asthma.

• There was limited evidence that smoking marijuana could have some anti-inflammatory effects.

• Substantial evidence suggests a link between prenatal cannabis exposure (when a pregnant woman uses marijuana) and lower birth weight, and there was limited evidence suggesting that this use could increase pregnancy complications and increase the risk that a baby would have to spend time in the neonatal intensive care unit.

• In terms of mental health, substantial evidence shows an increased risk of developing schizophrenia among frequent users, something that studies have shown is a particular concern for people at risk for schizophrenia in the first place. There was also moderate evidence that cannabis use is connected to a small increased risk for depression and an increased risk for social anxiety disorder.

• Limited evidence showed a connection between cannabis use and impaired academic achievement, something that has been shown to be especially true for people who begin smoking regularly during adolescence (which has also been shown to increase the risk for problematic use).

• One of the most interesting and perhaps most important conclusions of the report is that far more research on cannabis is needed. Importantly, in most cases, saying cannabis was connected to an increased risk doesn't mean marijuana use caused that risk.

And it's hard to conduct research on marijuana right now. The report says that's largely because of regulatory barriers, including marijuana's Schedule I classification by the Drug Enforcement Administration and the fact that researchers often can't access the same sorts of marijuana that people actually use. Even in states where it's legal to buy marijuana, federal regulations prevent researchers from using that same product.

Without the research, it's hard to say how policymakers should best support legalization efforts — to say how educational programs or mental health institutions should adapt to support any changes, for example. "If I had one wish, it would be that the policymakers really sat down with scientists and mental health practitioners" as they enact any of these new policies, Krista Lisdahl, an associate professor of psychology and director of the Brain Imaging and Neuropsychology Lab at the University of Wisconsin at Milwaukee, told Business Insider in an interview shortly before we could review this report.

It's important to know what works, what doesn't, and what needs to be studied more. This report does a lot to show what we've learned in recent years, but it also shows just how much more we need to learn.

January 12, 2017 in Medical community perspectives, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Science | Permalink | Comments (2)

Tuesday, January 3, 2017

Legal marijuana sales in 2016 in North America over $6.5 billion after another year of remakable growth

As reported in this new Forbes article, "North American marijuana sales grew by an unprecedented 30% in 2016 to $6.7 billion as the legal market expands in the U.S. and Canada, according to a new report by Arcview Market Research." Here is more reporting on a new report on the legal marijuana marketplace:

North American sales are projected to top $20.2 billion by 2021 assuming a compound annual growth rate of 25%. The report includes Canada for the first time as it moves towards implementing legal adult use marijuana.

To put this in perspective, this industry growth is larger and faster than even the dot-com era. During that time, GDP grew at a blistering pace of 22%. Thirty percent is an astounding number especially when you consider that the industry is in early stages. Arcview's new editor-in-chief Tom Adams said, "The only consumer industry categories I've seen reach $5 billion in annual spending and then post anything like 25% compound annual growth in the next five years are cable television (19%) in the 1990's and the broadband internet (29%) in the 2000's."

ArcView's analysis uses data provided by BDS Analytics that has access to millions of individual consumer transactions from dispensary partners. “One of the biggest stories was the alternative forms of ingestion,” said ArcView Chief Executive Officer Troy Dayton. “Concentrates and edibles are becoming customer favorites versus traditional smoking.”

Even though the market is putting up huge sales numbers, there is still a great deal of uncertainty that comes with the new administration's approach towards legalization. Dayton believes that President-elect Donald Trump has been consistently in favor of states rights when it comes to legalization. “It's one of the few things he has been consistent on,” he said. Dayton also believes that even if Trump backed away from adult use, he would still favor medical marijuana.

The proposed attorney general Jeff Sessions is a confirmed critic of legalization, but Dayton believes that marijuana will be a low priority for the new administration. In any event, the group is reviewing and preparing for a more aggressive stance toward marijuana from the federal government should that happen. Even with this cloud of uncertainty, Dayton is bullish for the market. He said investment dollars are pouring into California, Florida, Massachusetts and Nevada. “Twenty-one percent of the total U.S. population now live in legal adult use markets,” said Dayton. He also noted that Colorado, Washington and Oregon saw their sales jump 62% through September of 2016 over 2015.

Investors are predominantly interested in investing in new technology within the industry like testing technologies and new growing technologies. Retail also remains attractive as new brands vie to win market share. Dayton also said there is a great deal of interest in Canada. That country's market is smaller than the U.S., but without the overhang of government conflict, it is a good indicator for which businesses could be replicated and thrive in the U.S.

January 3, 2017 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Wednesday, December 28, 2016

"Contact High: The External Effects of Retail Marijuana Establishments on House Prices"

The title of this post is the title of this interesting new paper available via SSRN authored by James Neil Conklin, Moussa Diop and Herman Li. here is the abstract:

Using publicly available data from the city of Denver and the state of Colorado, this study examines the effects of retail conversions (conversions from medical marijuana to retail marijuana stores) on neighboring house values in Denver, Colorado for the years 2013 and 2014. The time period was chosen to reflect a time before (2013) and after (2014) retail marijuana sales became legal in Colorado. Using a difference-in-differences approach, we compare houses that were in close proximity to a conversion (within 0.1 miles) to those that are farther away from a conversion.

We find that after the law went into effect, single family residences close to a retail conversion increased in value by approximately 9% relative to houses that are located slightly farther away. We perform a battery of robustness checks and falsification tests to provide additional support for this finding. To our knowledge this is the first study to examine at a micro-level the highly localized effect of retail marijuana establishments on house prices and hope that it can contribute to the debate on retail marijuana laws.

December 28, 2016 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Wednesday, December 21, 2016

Encouraging new data from marijuana reform states on teen use and traffic fatalities

This new posting by Tom Angell at Marijuana.com, headlined "Legal Marijuana Fears Are Unfounded, New Data Show," reports on two new sources of data from marijuana reform states. Here are excerpts (with links from the original):

Marijuana opponents have often fixated on two big fears they have about legalization: It will lead to increased use by young people and will cause carnage on highways as more stoned drivers get behind the wheel.   But two new studies released this week undermine both claims.

First, the latest results from the federally-funded National Survey on Drug Use and Health show that while adult marijuana use rose in Colorado in the first two years following the implementation of legal sales, teen cannabis use actually declined.

Legalization proponents have long argued that taking marijuana sales out of the hands of drug dealers and putting them into a controlled, regulated system where licensed retailers are greatly incentivized to ensure their customers are of age would make cannabis harder for young people to get.  The new data, first reported by the Washington Post, seem to bear that out.

A separate study, also first reported by the Post, showed that states with medical cannabis laws have lower rates of traffic fatalities than states where marijuana is illegal for any reason.

“Medical marijuana laws were associated with immediate reductions in traffic fatalities in those aged 15 to 24 and 25 to 44 years, and with additional yearly gradual reductions in those aged 25 to 44 years, the study in the American Journal of Public Health found.  “Dispensaries were also associated with traffic fatality reductions in those aged 25 to 44 years.”  Silvia Martins, the study’s lead author, told the Post that her team “found evidence that states with the marijuana laws in place compared with those which did not, reported, on average, lower rates of drivers endorsing driving after having too many drinks.”

As legalization plays out in Colorado and other states that have already enacted it, and more data is collected showing that it not only creates jobs and generates tax revenue but doesn’t lead to the horrors that opponents have long claimed, it is likely that voters and elected officials in a growing number of other places will move end their own prohibition laws.

December 21, 2016 in Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Saturday, December 17, 2016

Shouldn't Colorado be spending EVEN MORE money researching impact of marijuana reform?

Colorado_Funds_Marijuana_ResearchThe question in the title of this post is my reaction to this recent Denver Post article headlined "Colorado researchers receive $2.35M to study marijuana use on driving, other impacts of legalization." Here are details:

In a groundbreaking effort to better understand what, exactly, happened after voters legalized recreational marijuana in Colorado, the state’s Health Department on Tuesday announced $2.35 million in grants to researchers who will help answer that question.

Most of the money — $1.68 million — will go toward two studies that look at the impacts of marijuana use on driving. The first will compare driving impairment for heavy marijuana consumers versus occasional consumers. The other will study dabbing — the smoking of highly potent marijuana extracts — to determine its effects on driving and cognitive functioning.

Other studies receiving grant funding will look at how long marijuana stays in the breast milk of nursing mothers, the adverse effects of edible cannabis products, the cardiovascular risks of marijuana use in people with heart problems, the impact of marijuana use on older adults and, lastly, an “analysis of data from before and after implementation of recreational marijuana in Colorado,” by a psychology professor specializing in addiction counseling at Colorado State University.

“This research will be invaluable in Colorado and across the country,” Dr. Larry Wolk, the executive director of the Colorado Department of Public Health and Environment, said in a statement. “The findings will inform our public education efforts and give people additional information they need to make decisions about marijuana use.”

The Health Department previously spent $9 million as part of a historic effort to fund the study of medical marijuana by a state government.  Those research projects are still ongoing.  Earlier this year, the state legislature approved funding for the new grants to study recreational marijuana.  The Health Department received 58 preliminary applications, which were winnowed to a pool of 16 from which the final seven recipients were selected.

I am pleased to see that Colorado continues to invest substantial amounts into medical and recreational marijuana research, and the roughly $11.5 million spent to date is nothing to scoff at. Nevertheless, this article reports that Colorado "collected more than $135 million in marijuana taxes and fees in 2015," and increased sales data in 2016 would suggest that the state is on pace to collect at least another $165 million or more this year. Consequently, the tax monies raised in Colorado from marijuana reform in Colorado being "reinvested" in needed research is only about 4%.

Though my biases as a researcher is showing through, I think reinvesting only 4% of tax revenues into needed research is woefully inadequate given all the important and unanswered questions raised by marijuana reforms in Colorado. Though picking out numbers here, I think at this still-very-early stage of state-level marijuana reforms that states ought to be seriously considering putting 10% or more of revenues raised back into public health and public policy research on the impact of state-level reforms.

December 17, 2016 in History of Marijuana Laws in the United States, Medical Marijuana Data and Research, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Tuesday, December 13, 2016

Colorado sets still more records for marijuana sales and tax revenues collected

As this local article details, during "the first 10 months of 2016, Colorado marijuana shops reached a significant milestone they had barely missed in all of 2015: $1 billion in legal, regulated cannabis sales." Here is more:

When 2015’s year-end marijuana tax data was finally released in February, Cannabist calculations showed $996,184,788 in sales at Colorado marijuana shops that year — spurring a leading industry attorney to tell us at the time, “I think it’s ethical to round that up to a billion.”

That same lawyer, Vicente Sederberg partner Christian Sederberg, celebrated the billion-dollar news on Monday by also pointing to the Colorado cannabis industry’s increasing economic impact and skyrocketing tax revenues for the state as well as numerous cities and counties throughout Colorado.

“We think we’ll see $1.3 billion in sales revenue this year,” said Sederberg, “and so the economic impact of this industry — if we’re using the same multiplier from the Marijuana Policy Group’s recent report, which is totally reasonable — it suddenly eclipses a $3 billion economic impact for 2016.”

Nearly $82.8 million of retail cannabis and more than $35 million of medical pot was peddled at Colorado shops in October 2016; The totals are down from September 2016, when marijuana sales hit an all-time high in Colorado — but October’s sales are cumulatively up year over year by more than 46 percent.

Sederberg and his colleague Andrew Livingston, the law firm’s director of economics and research, also estimate that 2016’s overall tax totals will amount to more than 2014 and 2015 tax totals combined, “and that’s a conservative estimate,” Sederberg added.

Depending on November and December’s forthcoming pot tax totals, that scenario is possible. Not accounting for licensing fees imposed on cannabis businesses, $63.4 million in marijuana taxes were collected by the state in 2014 along with another $120.6 million in 2015. Since 2016 taxes through October sit at $151.4 million, each of the year’s final two months would have to top $16.3 million apiece to best the two previous years’ totals combined. Either way, it’s going to be close.

There are three different taxes on Colorado’s recreational cannabis — the standard 2.9 percent state sales tax, a special 10 percent sales tax and a 15 percent excise tax on wholesale transfers, which is earmarked for school construction projects. The $6 million collected in October excise tax brings the yearly total to $49.7 million — already well over the $40 million mark, which was a point of discussion in 2012’s Amendment 64 campaign. While the first $40 million will go toward school construction projects, any additional tax revenues from the excise tax will go directly to the state’s public school fund.

December 13, 2016 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

"Marijuana Is Harder Than Ever for Younger Teens to Find"

DownloadThe title of this post is the headline of this lengthy new US News & World Report article.  Here are excerpts:

American voters and legislatures increasingly are allowing medical and adult recreational use of marijuana, but as home-growing spreads and retail stores open, younger teens are reporting the scarcest availability in at least 24 years.

Explanations remain theoretical for the surprising trend in the face of widespread liberalization of cannabis laws. But it appears clear that fears about children finding the drug easier to acquire have not become a national reality, at least not yet.

In 2016, 8th-grade and 10th-grade respondents to the large Monitoring the Future survey gave the lowest-ever indication that marijuana was easy to get if they wanted it, a question posed to the groups every year since 1992. Only 34.6 percent of 8th-grade students said it would be easy to get marijuana, down 2.4 percentage points. Of 10th graders, 64 percent said it would be easy to get, also the lowest rate ever, though not a statistically significant annual drop.

High school seniors, asked the question every year since 1975, reported greater accessibility with 81 percent saying it would be easy to acquire, a non-significant increase from 2015, which saw that age group’s lowest-ever rate.

Actual use of the drug dropped among 8th grade students and stagnated among 12th graders. Reported annual use continued a five-year slide among 10th grade students, though the year-to-year change was not statistically significant.

“I don’t have an explanation. This is somewhat surprising,” says Dr. Nora Volkow, director of the National Institute on Drug Abuse, which commissions the annual survey. “We had predicted based on the changes in legalization, culture in the U.S. as well as decreasing perceptions among teenagers that marijuana was harmful that [accessibility and use] would go up. But it hasn’t gone up,” she says.

“We’re seeing that more people in the U.S. except for teenagers are taking it," Volkow says. "The rates of increases are highest among young adults 18-24, so one would expect that would translate to the adolescents, but apparently it has not.”...

Volkow says explanations for long-term trends in use and accessibility are unproven, but that she is interested in hypotheses that include a connection to similar declines in alcohol and tobacco use, or the fact that teens spend more time around computers and less time around friends who could offer them drugs. She says it also may be possible legalization has prevented the rates from plunging.

"Every time a state considers rolling back marijuana prohibition, opponents predict it will result in more teen use. Yet the data seems to tell a very different story," says Mason Tvert, a spokesman for the Marijuana Policy Project. "The best way to prevent teen marijuana use is education and regulation, not arresting responsible adult consumers and depriving sick people of medical marijuana."

Ethan Nadelmann, executive director of the pro-legalization Drug Policy Alliance, says he believes the results show there’s no connection between legal reforms benefiting adults and young people’s marijuana use, which he says is more driven by cultural influences. “That’s excellent news. It’s reassuring,” he says of the new survey results. “Marijuana legalization opponents typically try to use the argument that legalizing marijuana for adults will hurt kids. Even though it’s not a credible argument, the Monitoring the Future data suggest there’s no substance to that claim whatsoever.”

Nadelmann says some legalization supporters are likely to argue that regulation has made pot less accessible to teens, but he sees no clear evidence. He offers as one potential explanation a generational aversion to inhaling smoke, and says he also recalls a Dutch explanation for low cannabis consumption despite open sales in coffee shops. “We succeeded in making cannabis boring," he recalls being told. “Maybe marijuana use is becoming less and less a symbol of rebellion among teenagers,” he says.

But legalization foes are unlikely to throw in the towel. With President-elect Donald Trump's pick of a dogged legalization opponent to serve as attorney general, they are optimistic about the possibility of ending recreational pot markets, which opened with the Obama administration's permission despite federal law banning pot possession in almost all cases.

"This year's results should be a wake-up call to all of us," says former presidential drug policy adviser Kevin Sabet, leader of the national anti-legalization group Smart Approaches to Marijuana. "We are seeing heartening declines in the use of almost every category of drug -- legal or illegal -- except for marijuana," he says. "The policy environment of legalization, acceptance and commercialization is making marijuana the exception."

December 13, 2016 in Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Wednesday, December 7, 2016

Beer sales are down in states with legal weed

According to this notable Business Insider article, both "mainstream" and craft beer sales have taken a hit in states where recreational marijuana use is legal. The article states:

Beer sales are taking a hit in states where marijuana is legal.

 

So far this year, beer volumes have dropped roughly 2% in Colorado, Oregon, and Washington, which have all legalized recreational pot, according to Neilsen data cited in a recent report from Cowen & Co.

 

At the same time, marijuana consumption has grown in those states.

 

The data indicates that many beer drinkers are swapping their six-packs for marijuana instead, and that has major implications for the beer industry — especially for makers of cheaper beers like Anheuser-Busch and Molson Coors Brewing Company.

 

"Mainstream beer" including Bud Light, Coors Light, Miller Lite, is "under siege" from legal marijuana, with volumes down 4.4% in the states studied, according to Cowen and Co. analysts. 

 

Craft beer sales growth is slowing in those states, but not to the same degree.

 

The trends show significant overlap between buyers of cheaper beers and users of marijuana. 

 

"The pressure we are seeing on lower-priced beers is consistent with the trends we are seeing in cannabis use by income group nationally," analysts wrote. "Indeed, while cannabis incidence has been on the rise nationally, over the last 10 years (through 2014, the most recently available) we have seen the biggest increases among lower-income households, where cannabis use is also highest."

 

As additional states consider legalizing marijuana, beer companies will be at an even greater risk. 

 

"With Anheuser-Busch and Molson Coors Brewing Company controlling roughly 70% of the overall beer category in the US, there is clear risk that growing cannabis use will weigh on their businesses," analysts wrote.

December 7, 2016 in Recreational Marijuana Data and Research | Permalink | Comments (0)

Tuesday, November 15, 2016

"U.S. Resident Population in States that Permit Medical or Recreational Marijuana Use"

Via email, I received news of this new accounting (with some typos) of reform states and their populations recently produced by folks at Carnevale Associates LLC.  In addition, the same folks previously produced a three-page Policy Brief headlined "Policy Debate Must Adjust to Changes in State Law and Public Opinion"  which I promoted in this prior post titled "Highlighting the 'knowledge gap' as marijuana reform moves forward at a speedy pace"

Though I will not crunch the numbers here, the accounting of states and populations reveals that before last week, there were roughly 20 million Americans living in states which had passed full marijuana legalization by initiative.  Now, thanks to big states like California and Massachusetts and with a little help from Nevada and Maine, the number of Americans living in states that have passed full marijuana legalization has tripled to over 65 million.

November 15, 2016 in History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)

Friday, November 11, 2016

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

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

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

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

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

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

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

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

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

Wednesday, November 9, 2016

"Marijuana Legalization Initiatives Boost Scotts Miracle-Gro Stock To All-Time High"

Scotts-miracle-gro-logo2-610x333The title of this post is the headline of this notable new Forbes article which highlights why at least one notable business is already reaping some significant benefits from all the success of marijuana reform initiatives this election cycle.  Here are excerpts:

Traditionally a wholesome company known for helping suburban households keep their lawns green, Scotts Miracle-Gro has recently tapped into the pot market by selling equipment for hydroponics, a method of growing that allows people to produce cannabis, or any other plant, indoors. “It’s the biggest thing I’ve ever seen in lawn and garden,” Scotts Miracle-Gro CEO Jim Hagedorn told FORBES in a July feature story.

Scotts Miracle-Gro shares have jumped 34% in the last six months. “The bulk of that is basically marijuana driven,” said Joe Altobello, an analyst who covers the stock at Raymond James. “If you’re looking to play that angle, this is probably your best bet.”

No one has made more money off of the wager so far than Hagedorn and his family, who own 27% of Scotts Miracle-Gro. Since July, they have added an estimated $370 million to their family fortune, bringing their current net worth to roughly $1.8 billion. A company spokesman did not respond to a request for comment on Wednesday. Investors are impressed. “What he’s doing is he’s diversifying the portfolio,” said Jason Gere, an analyst at KeyBanc Capital Markets. “They’re capitalizing on trends, and it’s very entrepreneurial.”

Scotts announced its first major move into the industry in March 2015, when it purchased two sister companies named General Hydroponics and Vermicrop for $135 million. By July 2016, those businesses had already grown by more than 20%, roughly four times the rate of the rest of the company. “The sizzle in the stock, the growth potential that people are looking at is from the cannabis industry,” said Ivan Feinseth, an analyst at Tigress Financial Partners. “It’s going to be a major growth engine.”

November 9, 2016 in Business laws and regulatory issues, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Monday, November 7, 2016

"The Economic Impact of Marijuana Legalization in Colorado"

The title of this post is the title of this recent report produced by the Marijuana Policy Group, which describes itself as a "non-affiliated entity dedicated to new market policy and analysis [seeking] to apply research methods rooted in economic theory and statistical applications to inform regulatory policy decisions in the rapidly growing legal medical and recreational marijuana markets." Here is part of the report's synopsis:

The Marijuana Policy Group (MPG) has constructed a new model that accurately integrates the legal marijuana industry into Colorado’s overall economy. It is called the “Marijuana Impact Model.”  

Using this model, the MPG finds that legal marijuana activities generated $2.39 billion in state output, and created 18,005 new FullTime-Equivalent (FTE) positions in 2015.  Because the industry is wholly confined within Colorado, spending on marijuana creates more output and employment per dollar spent than 90 percent of Colorado industries....

Legal marijuana demand is projected to grow by 11.3 percent per year through 2020.  This growth is driven by a demand shift away from the black market and by cannabis-specific visitor demand. By 2020, the regulated market in Colorado will become saturated.  Total sales value will peak near $1.52 billion dollars, and state demand will be 215.7 metric tons of flower equivalents by 2020. Market values are diminished somewhat by declining prices and “low-cost, high-THC” products.

In 2015, marijuana was the second largest excise revenue source, with $121 million in combined sales and excise tax revenues.  Marijuana tax revenues were three times larger than alcohol, and 14 percent larger than casino revenues. The MPG projects marijuana tax revenues will eclipse cigarette revenues by 2020, as cigarette sales continue to decline.  Marijuana tax revenues will likely continue increasing as more consumer demand shifts into the taxed adult-use market.

As a first-mover in legal marijuana, the Front Range has witnessed significant business formation and industry agglomeration in marijuana technology (cultivation, sales, manufacturing, and testing).  This has inspired a moniker for Colorado’s Front Range as the “Silicon Valley of Cannabis.”  Secondary marijuana industry activities quantified for the first time in this report include: warehousing, cash-management, security, testing, legal services, and climate engineering for indoor cultivations.

November 7, 2016 in Business laws and regulatory issues, Employment and labor law issues, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Friday, October 14, 2016

New Drug Policy Alliance reports on "what we know" about marijuana legalization "so far"

The folks at the Drug Policy Alliance have released this notable new report titled "So Far, So Good: What We Know About Marijuana Legalization in Colorado, Washington, Alaska, Oregon and Washington, D.C." The website provides this summary of the short report's contents:

In 2012, Colorado and Washington became the first two U.S. states – and the first two jurisdictions in the world – to approve ending marijuana prohibition and legally regulating marijuana production, distribution and sales. In the 2014 election, Alaska and Oregon followed suit, while Washington D.C. passed a more limited measure that legalized possession and home cultivation of marijuana (but did not address its taxation and sale due to D.C. law).

The report’s key findings include:

  • Marijuana arrests have plummeted in the states that legalized marijuana, although disproportionate enforcement of marijuana crimes against black people continues.

  • Statewide surveys of youth in Colorado, Washington, Alaska, and Oregon found that there were no significant increases in youth marijuana use post-legalization.

  • Tax revenues in Colorado, Washington, and Oregon have all exceeded initial revenue estimates, totaling $552 million.

  • Legalization has not led to more dangerous road conditions, as traffic fatality rates have remained stable in Colorado, Washington, Alaska, and Oregon.

October 14, 2016 in Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, October 13, 2016

"Recreational Cannabis Reduces Rapes and Thefts: Evidence from a Quasi-Experiment"

The title of this post is the title of this fascinating new study available via SSRN from a group of economists.  Here is the abstract:

An argument against the legalization of the cannabis market is that such a policy would increase crime.  Exploiting the recent staggered legalization enacted by the states of Washington (end of 2012) and Oregon (end of 2014) we show, combining difference-in-differences and spatial regression discontinuity designs, that recreational cannabis caused a significant reduction of rapes and thefts on the Washington side of the border in 2013-2014 relative to the Oregon side and relative to the pre-legalization years 2010-2012.

October 13, 2016 in Criminal justice developments and reforms, Initiative reforms in states, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)