Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, March 16, 2018

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

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


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


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


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


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

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

Wednesday, March 14, 2018

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

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

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

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

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

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

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

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

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

Tuesday, March 13, 2018

Detailing how racial justice concerns are driving marijuana reform debate in New Jersey

732521_1One of many great lines in the great musical Hamilton is "Everything is legal in New Jersey."   But that is not quite right with respect to marijuana yet, though the recent election of a Governor who ran advocating for marijuana reform led to many reform advocates thinking the Garden State could become the next big legalization state.  But, as is often the case, legislative reform is full of complications, and this New York Times article highlights how completing views on racial justice is shaping the debate in New Jersey.  The piece is headlined "Racial Justice Drives Fight for, and Against, Legal Pot in New Jersey," and here are excerpts:

During his campaign for governor of New Jersey, Philip D. Murphy, a Democrat, pledged to legalize the recreational use of marijuana, telling Democrats at a party conference last year in Atlantic City that creating a new tax revenue was not what was motivating him.

“People ask me all the time, ‘Hey, are you sure you can generate $300 million from the legalization of marijuana?” Mr. Murphy said, citing a figure that his campaign had trumpeted. “I say, ‘You know what, I’m not sure, but that’s not the question. We’re not doing it for the dollars. We’re doing it for social justice.’”

Mr. Murphy argues that the disproportionate number of African-Americans who are jailed on marijuana charges is a main reason to legalize the drug, and he has the support of civil rights groups, cannabis business lobbyists, lawyers, doctors who prescribe medical marijuana and out-of-state cannabis growers.

But now that Mr. Murphy occupies the governor’s office, a major legislative obstacle is emerging: Ronald L. Rice, the state’s longest-serving black senator and the leader of its Black Caucus. “It’s always been said the issue is not money, the issue is social justice,” said Mr. Rice, a Democrat and a former Newark police officer. “But, it’s being sold on the backs of black folk and brown people. It’s clear there is big, big money pushing special interests to sell this to our communities.”

Medical marijuana became legal in New Jersey under former Gov. Jon Corzine, a Democrat, but his successor, Gov. Chris Christie, a Republican, rejected proposals to make recreational cannabis use legal.

The growing and selling of marijuana has already generated billions of dollars in the nine states where it is legal — but it is an industry that is overwhelmingly white. Mr. Rice fears the consequences would be dire in cities like Newark, which is already wrestling with a variety of problems, including widespread heroin addiction and a foreclosure crisis. Cannabis stores, he believes, would proliferate in black communities, much like liquor stores, and would produce a new generation of drug abusers....

His position on cannabis legalization not only puts him at odds with the governor and members of his party, but also with many African-Americans.

In New Jersey, African-Americans are three times more likely to be charged with marijuana possession than whites, even though both populations use the drug at similar rates. That has galvanized civil rights groups like the N.A.A.C.P. and the American Civil Liberties Union of New Jersey to support legalization. “All the collateral consequences that come with an arrest — jail time, losing your job, losing your housing — are disproportionately falling on communities of color,” said Dianna Houenou, a lawyer with the A.C.L.U. of New Jersey. “Through legalization we can begin to address the harms that have been inflicted.”

A statewide coalition of black pastors, the N.A.A.C.P. and the New Jersey chapter of the Drug Policy Alliance is pushing for legalization as a social justice issue, but only if it is linked to some type of compensation for the harm they say was done to black and brown families whose sons were incarcerated. The pastors said they wanted to make sure members of their communities were able to participate in the billion-dollar cannabis industry as growers and sellers, not just workers. They are frustrated that the wealth being generated in the other states where marijuana is legal is not reaching people of color.

Researchers at Marijuana Business Daily, an industry news site based in Denver, found that 81 percent of cannabis business owners were white, while less than 4 percent were black....

At a marijuana legalization forum held recently at Bethany Baptist Church in Newark, the Rev. Charles Boyer of Bethel A.M.E. Church in Woodbury said the worst thing that could happen was for communities most harmed by the prohibition to not have a say about legalization. “Do we want to be the ones responsible for playing a part in a system that will make tons of young white millionaires after years of making hundreds of thousands of poor black felons?” Pastor Boyer said.

The Drug Policy Alliance is lobbying for a bill that includes the automatic and retroactive expungement of criminal records for possession, making permits for cannabis shops affordable so that the market is accessible to lower-income entrepreneurs, and a commitment that a portion of the revenue from marijuana sales be used to provide education and job training for people of color. Some social justice activists are also calling for allowing people to grow their own cannabis plants.

State Senator Nicholas Scutari, a Democrat from Linden, is the author of a bill that would legalize the possession of small amounts of marijuana for anyone over 21 and would establish a state Division of Marijuana Enforcement. But it does not include any language discussing compensation. Mr. Scutari agrees that arrests for marijuana possession are disproportionately higher for blacks and Latinos and says his bill addresses the issue of social justice. “The individuals that are previously convicted of marijuana possession will no longer be subject to prosecution,” Mr. Scutari said....

For his part, Mr. Rice has proposed his own marijuana bill that would decriminalize the possession of 10 grams or less of marijuana, and make carrying more a disorderly persons charge that would impose only a fine. It would also expunge criminal records and release incarcerated people serving sentences for possessing small amounts of marijuana. But Mr. Scutari said that decriminalization would simply create an open-air drug market that would allow drug dealers to get richer without creating any kind of regulatory system to control how marijuana is sold.

Ultimately, any effort to promote civil rights could depend on what kind of bill Mr. Murphy is willing to sign. In a statement, Daniel Bryan, a spokesman for the governor, said that Mr. Murphy was committed to “the goal of building a stronger and fairer New Jersey, and supports the legalization of marijuana to advance the cause of social justice and combat the racial disparities in our criminal justice system.”

March 13, 2018 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Political perspective on reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, February 27, 2018

Highlighting the perspectives of governors in dynamic marijuana reform times

News-8Rolling Stone has this lengthy new article on modern state marijuana reforms focused on how governors are reacting to Attorney General Jeff Sessions' latest policy directives to federal prosecutors.  The piece is  headlines "Sorry, Jeff Sessions – Governors Are Moving Ahead with Pot: At their annual meeting, pro-pot governors say the AG isn't stopping them from advancing plans for medical and recreational legalization." Here are excerpts:

Over the past few days, most of the nation's governors descended on Washington for their annual meeting with administration officials and the president. As the governors mingled about and chatted in between sessions, many of them were exchanging ideas and best practices on how to roll out a successful regulatory regime on marijuana. But hanging over their talks was the specter of Attorney General Jeff Sessions who would like to clamp down on the nation's burgeoning, though disparate, marijuana industry.

Some Democratic governors say they were denied a private meeting with Sessions to discuss his anti-marijuana stance. And besides attending the formal Governors' Ball on Sunday night, the attorney general only made one appearance to the group, at a White House briefing on opioids. Some say they're frustrated they couldn't pick his brain on his controversial move to rescind an Obama-era memo that directed the nation's top prosecutors to prioritize other offenses over marijuana in states where it's legal. "I tried, but I couldn't get called on," Gov. John Hickenlooper (D-CO) tells Rolling Stone. "He only took about six questions. There were probably 40 governors in the room."

Even though there's fear that Sessions wants to go after legal marijuana business owners, many states are moving ahead with efforts to either launch a new medicinal marijuana industry, expand an existing one or to legalize weed for recreational purposes. And governors say so far Sessions' opposition hasn't had an impact on the ground. "It has not impacted us and we believe it will not, although that doesn't mean we're not paying attention," Gov. Phil Murphy (D-NJ) tells Rolling Stone.

Murphy, who was elected last year, campaigned aggressively on marijuana legalization. For him, it's a criminal-justice issue because his state has the largest racial disparity in its prison population of any state in the nation, and many of those convicts are serving terms for nonviolent drug offenses. While he's received some pushback from his legislature on his plan to legalize pot, he's moving ahead on expanding medicinal marijuana because currently there are only five dispensaries in a state with nine million people. "We're proceeding apace, again, beginning to make sure we get the medical piece right because it's life or death," Murphy says. "And then we will deliberately and steadily get to the recreational side."

The nation's other newly seated governor, Ralph Northam (D-VA), also campaigned on marijuana. He faces more headwinds from Republicans who control his state's House of Delegates, but he's still calling for marijuana decriminalization. As a physician, Northam is also vocal about the medicinal benefits of weed, though he says more research is needed. For that he's calling on Congress to reclassify pot, since it's currently listed as a Schedule I narcotic, making it extremely difficult to study in any official capacity. "I think that it would be great if at the federal level they could change the schedule of marijuana so that we can get more data on it – do more research," Northam tells Rolling Stone. "I remind people all the time that probably over 100 medicines that we use routinely in health care come from plants, so let's be a little bit more open minded and look at potential uses for medicinal marijuana."...

While the movement on medical marijuana is steadily picking up steam in red and blue states alike, the recreational effort is going more slowly but some governors say there's starting to be an air of certainty that eventually marijuana will be viewed as the same as alcohol in most every state.

Back in 2011, Gov. Dan Malloy (D-CT) moved to decriminalize marijuana and set up a medicinal marijuana regime. While he hasn't come down one way or another on recreational marijuana, he says it's just a matter of time before it happens in Connecticut because efforts to legalize weed are sweeping the entire northeast corridor. "As Canada moves in that direction, as Massachusetts and Vermont, it's going to be a neighborhood thing, and I understand that," Malloy tells Rolling Stone. While he remains lukewarm on recreational marijuana, he did pen a blunt letter to Sessions on it.

"I told him to stop messing around with marijuana, because it really isn't important," Malloy says. "I have not taken the opportunity to endorse marijuana, but that's very different than spending resources trying to combat marijuana use. And, quite frankly, if you're going to be serious about opioids, you can't be screwing around with marijuana."

While many governors are now rushing out new marijuana regulations, they're still keeping one eye on Jeff Sessions. Gov. Jay Inslee (D-WA) says during this visit he was rebuffed when he asked for a private meeting with the attorney general to discuss his state's recreational marijuana marketplace, but he says his offer for Sessions to come out west and tour his state's pot businesses still stands. "It's a shame that he has a closed mind, and he's much more attentive to his old ideology than to the new facts," Inslee tells Rolling Stone. "The fears that he might have had 30 years ago have not been realized, and we wish he would just open his eyes to the reality of the situation. If he did, I think he would no longer try to fight an old battle that the community and the nation is moving very rapidly forward on."

February 27, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, February 25, 2018

Interesting interview with the "Cannabis Czar" of Los Angeles

1518463390123-unnamedIn this post from last summer, I flagged the announcement from the office of the Mayor of Los Angeles that Mayor Eric Garcetti had appointed Cat Packer as Executive Director of the newly-established Los Angeles Department of Cannabis Regulation. This news was so very pleasing and exciting because Director Packer was a 2015 graduate of The Ohio State University Moritz College of Law, and as a star student in my marijuana seminar in Spring 2015, she has impressively and swiftly vindicated my representation to students that they could become leaders in the field of marijuana law and policy relatively quickly.

Director Packer's vision and activities are sure to have a profound impact on marijuana reform realities in California, and this new Vice piece headlined "LA's 'Pot Czar' Cares Who Cashes in on Legal Weed," provides a Q&A perspective on her work. Here is the piece's start and excerpts:

As cannabis laws across America continue to soften, states and local communities are beginning to come to terms with the destruction wreaked by the war on drugs, especially on black communities. Some cities are already beginning to make amends by going beyond mere legalization. They have started the process of overturning thousands of cannabis-related convictions. These policies would never manifest, however, without the help of activists who take their passion for social justice from the protests outside of city halls to the offices within them.

Cat Packer, who was recently appointed as the executive director of Los Angeles’s newly formed Department of Cannabis Regulation, has been given a unique opportunity to help create pot policy for one of the largest cities on the planet. As a woman of color with a background in drug policy reform, Packer is hyper-aware of the negative impact of past drug laws and the challenges those miscarriages of justice will present for her going forward.

I spoke to Packer to discuss how she plans to navigate the bureaucratic era of legal pot through the lens of activism and empathy.

LA is now the largest pot-friendly city in America. With that distinction and the rest of the country’s eyes on us, what sort of expectations or pressures are you fielding from others or putting upon yourself?

It's not really secret that Los Angeles has an opportunity to be a leader in cannabis policy. It’s going to be interesting because, as the largest city to take on this regulatory responsibility, and as a place that’s often regarded as the largest cannabis market in the world, we understand that cannabis and its impact are probably going to be felt the heaviest here.

We have communities here who have had very negative experiences, not only with cannabis policy, but are looking for a way forward. Voters across California and in the city of Los Angeles have voted overwhelmingly in support of responsible regulation and moving away from criminalization. That’s a huge shift in public opinion, and it’s a huge shift in public policy, and it’s going to take us some time to implement this policy effectively, but we’ve been given directions from voters, so we want to do everything we can to set up a responsible framework.

With many [dispensaries] having operated in a legally gray area for so long, what kind of resistance to this regulatory shift are you encountering and what are you doing to ensure it isn't just favoring large entities with the funds to quickly become compliant and crushing the small businesses currently operating in LA’s cannabis space?

There are folks on all sides of the spectrum, as to be expected. There are folks who are frustrated with the process, folks who are excited about the economic opportunity that comes from business ownership and jobs and opportunity. But I think that folks are realizing that this is a first-time policy for the city of Los Angeles, and we’re trying to make sure we do it the right way. One of the things we’re prioritizing is social equity.

We’re making sure that within these new cannabis laws and policies, we take a moment to look at these issues through a social justice lens. We have an opportunity to, at the very least, address the harm that communities here have experienced as a part of the enforcement of the war on drugs and as a part of the disproportionate enforcement of cannabis laws against certain communities.  So we want to take a moment to acknowledge those communities and do what we can, as a city, to give folks meaningful access to what is going to be a multimillion dollar industry.

February 25, 2018 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, February 19, 2018

Interesting report on felony arrests and black market realities in Colorado after legalization

Marijuana+colorado+mgnThis lengthy article from the Colorado Springs Gazette, headlined "Black market marijuana busts nearly quadruple under recreational legalization," provides some notable data on marijuana enforcement in in the first state to have a regulated legal marijuana marketplace. Here are excerpts:

Four years after legal recreational marijuana went on sale in Colorado, Gov. John Hickenlooper says the black market for marijuana in the state is shrinking and predicted that it "will be largely gone" in a few years. But new statistics show that arrests for the production of black market pot increased by 380 percent in the 2014-16 time frame, and Colorado law enforcement agencies say they are battling a boom in illegal marijuana cultivation by sometimes violent groups of criminals who rake in millions of dollars by exporting what they grow.

The Colorado Department of Public Safety, which tracks various marijuana-related statistics, found that manufacturing arrests leapt from 126 in 2014 to 476 in 2016, according to new state data obtained by The Gazette. Illegal manufacturing encompasses the unlicensed making of THC-laced products, as well as large, hidden growing operations where plant counts far exceed those allowed by state law.

Those numbers have not been put into a formal report yet. But Jack Reed, the state official who compiles them, confirmed the dramatic increase in arrests for illegal grows. Reed deferred to law enforcement officials for interpretation of the new data. Other police agencies also report a growing element of violence in the illegal marijuana trade. Denver counts seven of its 56 homicides in 2017 as marijuana-related. The U.S. Attorney's Office in Denver classified one-third of its 2017 marijuana cases as violent. Other agencies routinely report seizing guns in marijuana busts.

Overall, marijuana cases filed in state courts have plummeted by about 80 percent since voters legalized recreational marijuana in November, 2012, with sales beginning in 2014. Most officials attribute that number to the precipitous drop in simple possession arrests. There were 9,789 total cases in 2012, compared to 1,650 overall cases in 2016, and a 6 percent spike to 1,759 cases in 2017.

However, felony marijuana cases have risen steadily beginning in 2015 with 579 cases; 2016 saw 807 felony cases, and there were 901 in 2017. Possession of an ounce or less of marijuana is legal, whereas possessing 10 ounces or more is a felony. That complicates enforcement, because a single home-grown plant can produce up to 2 pounds of leaves and flowers, officials say....

By nature, black market sales are impossible to quantify accurately, but even as arrests rise, black market sales appear to be a fraction of the legal sales in Colorado. From 2014 through 2017, recreational and medical marijuana sales grew from $683 million annually to $1.5 billion last year. By comparison, the largest Colorado bust in 2017 charged 62 people and netted 4,000 pounds, which authorities estimate could be worth $16 million in states where marijuana is contraband....

Mark Bolton, the governor's marijuana advisor, doesn't dispute that arrests for illegal manufacturing have risen. But he said Hickenlooper has taken "important steps to getting rid of black market activity," from supporting legislation that reduced the legal number of plants per household to bolstering law enforcement budgets for investigation.

Law enforcement officials, particularly Republicans, accuse the state's Democratic governor of minimizing the side effects of legalization. They contend that illegal basement businesses are thriving under their noses in a state that permits growing small amounts for personal use. "It's out of control," said Ray Padilla, a drug agent who had just returned from a 20-house bust that yielded thousands of plants and several hundred pounds of harvested marijuana. "We probably spend more assets on marijuana now than we ever did."

Padilla, a balding 42-year-old sporting a beard, earrings and jeans, heads the Colorado Drug Investigators Association. He and other law enforcement leaders say the lure of marijuana millions has drawn armed growers from places as distant as Florida, California and Mexico, as well as home-grown black marketeers who set up elaborate lighting and irrigation systems in suburban houses. "I have encountered more weapons in marijuana locations than any other type of drug," Padilla said....

In 27 raids last year, Sheriff Bill Elder said, "We seized guns out of almost every single one." He holds the high potency of Colorado marijuana partly to blame. "Colorado is exporting the best marijuana in the country, and it's the number one exporter," Elder said. "We are cranking out some seriously good weed."...

John Walsh, the U.S. Attorney in Denver when recreational sales began, described smuggling as a cause for concern but not panic. "Has there been an influx of people from out of state? Yes. Has there been an effective law enforcement response? Also yes. It is an ongoing problem," he said. He credits the Hickenlooper administration for "taking it very seriously" and cooperating with federal efforts to curb black market dealing. "This is a new world. Colorado is on the front end," he said. "We're doing more than any other state in trying to set up a really effective regulatory system."

February 19, 2018 in Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, February 15, 2018

SAM releases report asserting Connecticut would face cost from marijuana legalization double projected tax revenues

Download (10)The leading national group opposed to modern marijuana reform, Smart Approaches to Marijuana (SAM), today released this big new report titled "The Projected Costs of Marijuana Legalization in Connecticut."  Here is how its "Introduction/Summary" gets started:

Much has been said about the revenue that marijuana legalization might bring to Connecticut. Few, however, discuss the costs of such a policy. Omitting costs is a critical oversight: no policy or business plan would be complete without discussing both sides of the balance sheet.

Although a full cost accounting of marijuana legalization would be impossible at present, enough data exists to make rough-and-ready estimates of certain likely direct and short-term costs, such as:

1. Administrative and enforcement costs for regulators

2. Increased drugged-driving fatalities

3. Increased drugged-driving injuries

4. Increased property damage to vehicles related to drugged driving

5. Short-term health costs

a. More emergency room visits for marijuana poisonings

b. Injuries from marijuana-concentrate extraction lab explosions/fires

6. Increased rates of homelessness

7. Workplace costs

a. Increased absenteeism

b. More workplace accidents among full-time employees

Initial approximations of these preliminary costs indicate that it is unlikely that revenues from legalization would ever exceed its costs. This report concludes that even a conservative cost estimate limited to only the issues above would cost Connecticut approximately $216 million in 2020, which would be the third year of legalization if the policy was implemented in 2018. (According to data from the Connecticut General Assembly’s Office of Fiscal Analysis, the legalization program will only be fully operational in its third year of operation.)

Such costs exceed, by more than 90 percent, the maximum projected official revenue estimate of $113.6 million for the third year of the proposed legalization program. (These costs are almost 300 percent of the minimum revenue estimate of $54.4 million, but to be conservative, this report uses the maximum estimate.)

February 15, 2018 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (1)

Thursday, February 8, 2018

Seattle officials stating they will retroactively vacate past misdemeanor marijuana-possession convictions

Legal Marijuana Oregon Measure 91As highlighted by a number of posts linked below, the notion of expunging past marijuana convictions following legalization has quickly become a mainstream part of the reform movement.   The latest notable development on this front comes from Seattle where, as reported here, city leaders are pledging to vacate past vacate misdemeanor marijuana-possession convictions.  Here are the details:  

Seattle will move to vacate misdemeanor marijuana-possession convictions prosecuted by the city before pot was legalized in Washington in 2012, Mayor Jenny Durkan and City Attorney Pete Holmes said Thursday.

Describing the action as “a necessary step” to right the wrongs of what she called a failed war on drugs, the mayor said such convictions have been an unfair barrier for people trying to obtain housing, credit, jobs and educations.

“The war on drugs ended up being a war on people who needed help, who needed opportunity and who needed treatment,” Durkan said in a news conference at Rainier Community Center in South Seattle. “We did little to stem the tide of the supply of drugs and instead incarcerating almost an entire generation of users who could have had a different way.”

Holmes will ask the Seattle Municipal Court to vacate all convictions and to dismiss all charges for misdemeanor marijuana possession prosecuted before pot was legalized statewide, he said at the news conference. He believes the move will result in the vacation of 500 to 600 convictions from 1997, when Seattle took over misdemeanor marijuana prosecutions from King County, until 2010, when the city stopped such prosecutions as a matter of policy.... In 2010, soon after he was elected, Holmes dismissed all of the city’s marijuana-possession cases and said his office would no longer prosecute such cases.

As Seattle seeks to “undo” the consequences of the country’s decades-long war on drugs, its challenges include a Trump administration, “which would like to turn back the clock,” he said. “We’re going to do everything we can in the city of Seattle to hold our gains,” Holmes said.

The city attorney said he plans t0 file a single motion by early next week for all convictions to be vacated and said his office will set up a website where people can determine whether their convictions have been cleared. Karen Donohue, the presiding judge for Seattle Municipal Court, is very supportive of the move, Durkan said.

The mayor said vacating hundreds of convictions from the earlier period will help communities disproportionately impacted by the criminal-justice system and help the city try to eliminate racial disparities in Seattle.

Marijuana-possession arrests in Washington increased sharply between 1986 and 2010, rising from 4,000 a year to 11,000 a year, said the mayor’s office, citing the Drug Policy Alliance.

There were 240,000 arrests in that period, with some communities affected more than others. In Washington, black people were three times more likely than white people to be convicted of marijuana crimes, Durkan said. “Those numbers tell us we were dealing with an unjust system,” she said, adding, “While we cannot reverse all the harm that was done, we can give back to those people a record that says they were not convicted, because that is the more just thing to do.”...

Durkan said she would like to see officials at the county and state levels, who handle felony marijuana cases, follow the city’s lead....

Seattle’s move follows an announcement last week by San Francisco District Attorney George Gascón, who said he would dismiss 3,038 misdemeanor marijuana charges and would consider reducing 4,900 felony marijuana charges.


Some prior related posts:

February 8, 2018 in Criminal justice developments and reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Friday, February 2, 2018

US Attorney for Oregon, apparently serving now as chief state regulator, conducts marijuana summit

As reported in this post three weeks ago, Billy J. Williams, the United States Attorney for the District of Oregon, penned a commentary to express a "significant concerns about the state's current regulatory framework and the resources allocated to policing marijuana in Oregon." That commentary also spoke of his plans to convene a summit to discuss his concerns.

This new local article, headlined "US Attorney for Oregon says state has 'formidable' problem with black market marijuana," reports on the summit which took place today. Here are some details:

The top federal prosecutor in Oregon on Friday pressed for data and details about the scope of the state's role as a source of black market marijuana. U.S. Attorney Billy Williams told a large gathering that included Gov. Kate Brown, law enforcement officials and representatives of the cannabis industry that Oregon has an "identifiable and formidable overproduction and diversion problem."

"That is the fact," he told the crowd at the U.S. District courthouse. "And my responsibility is to work with our state partners to do something about it."

Added Williams: "Make no mistake. We are going to do something about it but that requires an effort to do this together. It requires transparency. The facts are what they are. The numbers are what they are."

Williams didn't detail how his office will carry out a new federal directive stripping legal protections for marijuana businesses. He said his office needs more information so it can accurately assess the scope of the problem and come up with a response. Williams didn't say what data he's looking for, but he previously he has said he wants more information from the state about black market trafficking. In a recent opinion piece published in The Oregonian/OregonLive, Williams said he is awaiting a final version of a Oregon State Police report on the issue.

He convened a daylong "marijuana summit" where public health and law enforcement officials gave presentations, along with land owners and industry representatives. He said Oregonians are worried about the implications of legal marijuana on their property rights, their water rights and the environment. Public health, particularly teen access and use, is a priority, he said.

"I am not an alarmist," he said. "Please don't have that perception of me. I just believe in looking at things head on. Take the blinders off, here are the realities."

The press was shut out of those presentations and was allowed only to report on statements offered by Williams and Brown....

Brown also spoke briefly Friday, telling those gathered that Williams has assured her staff that "lawful Oregon businesses" are "not targets of law enforcement." She didn't offer details on how the state will address Oregon's role as an illicit source of cannabis, saying only that she is committed to keeping cannabis in the state.

Prior related post:

US Attorney for Oregon, expressing "significant concerns about the state's current regulatory framework," plans summit in response to new AG enforcement policy

February 2, 2018 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, January 31, 2018

San Francisco DA talking about proactively revising past marijuana convictions to better implement Prop 64

RawImageThis new local article, headlined "SF will wipe thousands of marijuana convictions off the books," reports on an interesting and encouraging development int he Bay area. Here are the details:

San Francisco will retroactively apply California’s marijuana-legalization laws to past criminal cases, District Attorney George Gascón said Wednesday — expunging or reducing misdemeanor and felony convictions going back decades. The unprecedented move will affect thousands of people whose marijuana convictions brand them with criminal histories that can hurt chances of finding jobs and obtaining some government benefits.

Proposition 64, which state voters passed in November 2016, legalized the recreational use of marijuana in California for those 21 and older and permitted the possession up to one ounce of cannabis. The legislation also allows those with past marijuana convictions that would have been lesser crimes — or no crime at all — under Prop. 64 to petition a court to recall or dismiss their cases.

Rather than leaving it up to individuals to petition the courts — which is time consuming and can cost hundreds of dollars in attorney fees — Gascón said San Francisco prosecutors will review and wipe out convictions en masse. The district attorney said his office will dismiss and seal more than 3,000 misdemeanor marijuana convictions in San Francisco dating back to 1975. Prosecutors will also review and, if necessary, re-sentence 4,940 felony marijuana cases, Gascón said. “Instead of waiting for people to petition — for the community to come out — we have decided that we will do so ourselves,” Gascón said. “We believe it is the right thing to do. We believe it is the just thing to do.”

He made the announcement at a news conference at which he was joined by city Supervisors Malia Cohen and Jeff Sheehy, along with Nicole Elliot, director of the city’s Office of Cannabis, Laura Thomas of the Drug Policy Alliance reform group, and the Rev. Amos Brown, president of the San Francisco chapter of the NAACP.

Advocates for poor and minority communities have long complained that marijuana laws are applied disproportionately to the impoverished and people of color. A 2013 study by the American Civil Liberties Union found that African Americans were more than twice as likely to be arrested for marijuana possession as whites, despite similar levels of use. In San Francisco, African Americans were four times as likely as whites to be arrested for possession, the study found. A marijuana conviction can affect whether a person qualifies for federally subsidized housing, student loans and disability insurance....

According to the Drug Policy Alliance, nearly 5,000 people statewide have petitioned courts to have their marijuana convictions expunged since Prop. 64 took effect. In San Francisco, however, fewer than two dozen people have done so, Gascón said. His office is believed to be the first in the state to move to clear old marijuana convictions, Gascón said. Most of the work will be done outside of courtrooms, and those affected won’t be required to show up for court.

Misdemeanor clearances will begin immediately, but felony cases “will take a little more time,” Gascón said. Those who were convicted of felony marijuana counts that were tied to other offenses may not be eligible to have their cases expunged under Prop. 64. Gascón said he will have a limited number of attorneys and paralegals going over such cases at first, but may assign more depending on the workload. “It’s evolving,” he said. “It will be a lot of clerical work, and we will evaluate as we start reviewing felonies.”

Prosecutors will also have to coordinate with the state attorney general’s office to make sure cases are updated in the state system.

Gascón said he hopes his undertaking will prompt other jurisdictions to follow suit. “We’re hoping what we are doing here will not only benefit San Francisco,” he said. “We’re hoping other elected officials around the state will say this is the right thing to do.”

On Jan. 9, Assemblyman Rob Bonta, D-Oakland, introduced a bill that would make it easier for many people statewide to have marijuana convictions expunged. The legislation, AB1793, would “allow automatic expungement or reduction of a prior cannabis conviction.” However, the number of such convictions throughout California over the years runs into the millions. Opponents of the bill have said ordering courts to expunge them on a broad scale could cost millions of dollars.

Some prior related posts:

January 31, 2018 in Criminal justice developments and reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, January 23, 2018

Drug Policy Alliance releases big new report: "From Prohibition to Progress: A Status Report on Marijuana Legalization"

Status-report-coverThe reform advocacy organization Drug Policy Alliance has released today this big new data-dense report headlined "From Prohibition to Progress: A Status Report on Marijuana Legalization; What We Know About Marijuana Legalization in Eight States and Washington, D.C." I am likely going to do a series of posts about this report and its details particulars, but I will begin here by just quoting the first part of its executive summary:

On November 6, 2012, Colorado and Washington became the first two states – and first two jurisdictions in the world – to legalize marijuana for adult use.  Two years later Alaska, Oregon, and Washington, D.C. followed suit.  In 2016 voters in four additional states – California, Massachusetts, Maine and Nevada – also approved ballot measures legalizing marijuana.  In January 2018, Vermont became the first state to legalize marijuana through a state legislature.  More states are expected to legalize marijuana in the near future.

Evidence shows that marijuana legalization is working so far.  States are saving money and protecting the public by comprehensively regulating marijuana for adult use. This success has likely contributed to the historically high levels of public support for marijuana legalization in the U.S., which has steadily grown to an all-time high of 64 percent.  The majority of Americans, across party affiliations, support legalizing marijuana, with 51 percent of Republicans now in favor.

Arrests and court filings for the possession, cultivation and distribution of marijuana have plummeted since voters legalized marijuana for adult use in eight states and Washington, D.C.  These states have saved millions of dollars and prevented the criminalization of thousands of people. Marijuana legalization has a positive effect on public health and safety.  Nationally, and in states that have legalized marijuana, youth marijuana use has remained stable or declined.  Legal access to marijuana is associated with reductions in some of the most troubling harms associated with opioid use, including opioid overdose deaths and untreated opioid use disorders.  DUI arrests for driving under the influence, of alcohol and other drugs, have declined in Colorado and Washington, the first two states to establish legally regulated adult use marijuana markets.  In addition, crash rates in both states have remained similar to those in comparable states that have not legalized marijuana.

At the same time, states are filling their coffers with hundreds of millions of dollars in marijuana tax revenues.  These revenues are being allocated for social good – to fund education, school construction, early literacy, bullying prevention, behavioral health, and alcohol and drug treatment.  In addition, the legal marijuana industry is creating jobs; it currently employs approximately 200,000 full and part-time workers across the country.

January 23, 2018 in History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, January 22, 2018

Vermont now officially the ninth US state to legalize marijuana ... and the first to do so through traditional legislation

VermontAs reported in this AP piece, headlined "Vermont governor signs pot bill with 'mixed emotions'," a small state finalized some big marijuana reform news this afternoon. Here are the details:

Gov. Phil Scott on Monday privately signed Vermont's marijuana bill into law, making the state the first in the country to authorize the recreational use of the substance by an act of a state legislature. The law, which goes into effect July 1, allows adults to possess up to 1 ounce of marijuana, two mature and four immature plants.

Vermont will become the ninth state in the country, along with Washington, D.C, to approve the recreational use of marijuana. The other states and Washington authorized the recreational use of marijuana through a vote of residents. Vermont law contains no mechanism that allows for a citizen referendum.

The Republican governor had until the end of the day Monday to sign the bill. His office issued a statement Monday afternoon saying he had signed the bill. "Today, with mixed emotions, I have signed" the bill he said. "I personally believe that what adults do behind closed doors and on private property is their choice, so long as it does not negatively impact the health and safety of others, especially children."

The law contains no mechanism for the taxation or sale of marijuana, although the Legislature is expected to develop such a system.

Vermont's move is an incremental reform that will have little impact for most people in the state, said Matt Simon, New England political director for the pro-legalization Marijuana Policy Project. "I think the vast majority of Vermonters won't notice any change at all," Simon said. "It's simply eliminating a fine and eliminating a penalty for growing a small number of plants."

The new law is unlikely to prompt people who don't now smoke marijuana to take it up, said Robert Sand, a Vermont law school professor and former county prosecutor who has advocated for years to change the state's drug laws. "Realistically anyone who wanted to try it has tried it," Sand said....

The Vermont Legislature passed a similar proposal last spring, but Scott vetoed it, citing practical concerns. Lawmakers revised the proposal to do more to protect children and enhance highway safety. The revised bill passed both chambers this month.

Recreational use of marijuana already has passed in Maine and Massachusetts, and both states are awaiting the implementation of systems to tax and regulate marijuana. New Hampshire's House gave preliminary approval to a bill earlier this month that would allow adults to possess up to 1 ounce of marijuana and to cultivate it in limited quantities, even though a commission studying the issue won't finish its work until next fall.

Scott said last week he was declining to hold a bill signing ceremony because "some people don't feel that this is a momentous occasion."

January 22, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Sunday, January 21, 2018

New Jersey paper discusses "The moral case for legal pot"

With the election of a new governor, New Jersey is an especially interesting new state to watch as a legislative debate over recreational marijuana reform heats up.   This morning the state's leading paper, the Newark Star-Ledger, weighed in with this editorial headlined "The moral case for legal pot." Here are excerpts:

Gov. Phil Murphy wants to legalize pot in his first 100 days in office, but needs the votes to do it — and is facing some opposition even within his own party.

It's especially troubling to hear Sen. Ronald Rice (D-Essex), who chairs the black caucus, and a Newark bishop claim that marijuana legalization will hurt black communities. In fact, it's quite the opposite, which is why so many black leaders and groups like the NAACP support legalization.  So let's address the lingering skepticism.

First, there's no evidence that legalizing marijuana for adults will "gut the best and brightest in many neighborhoods," as Newark Bishop Jethro James put it, in a sermon he invited Murphy to attend on Martin Luther King Day. On the contrary, it's the criminalization of marijuana that has gutted the best and brightest, as many other black leaders point out.

While blacks use pot at the same rate as whites, they are arrested nearly four times more often for it — needlessly ensnaring them in our criminal justice system.  It's the kind of injustice that would outrage MLK.  The real moral issue is "keeping people in jail for something they can now go out and purchase legally in many states," said Rev. Tim Jones of Bethany Baptist Church in Newark, who supports legalization.

Some legislators, like Rice, argue that instead of making pot legal and taxing it, we could simply decriminalize it — permit people to have a small amount, instead of arresting them.

This would end the arrests of pot users, but we'd still have the same illegal market. Those who sell pot in places like Newark would still get shot in turf battles between dealers and people would still buy dangerous and illegal marijuana on the streets. The city also wouldn't have the tax revenue from controlled and regulated sales, which could be used for things like schools or anti-drug education....

It is true that after Colorado legalized marijuana, the number of young minorities arrested for pot offenses went up 58 percent. That's disturbing, but an increase in arrests does not mean an increase in drug use by kids. On the contrary: There was a slight decrease in youth drug abuse after legalization in Colorado, research showed. So what would account for the surge in youth arrests? A shift in policing strategy, one we must prevent here....

In the end, this isn't about big marijuana profits, as Rice and Bishop James claim.  The best argument for legalization isn't money — it's morality.  Prohibition taught us that making alcohol illegal caused even greater moral problems, like the rise of organized crime.  The same is true of marijuana, Rev. Jones says: "The more it's controlled and out in the open, the better for our communities."

January 21, 2018 in Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Friday, January 12, 2018

US Attorney for Oregon, expressing "significant concerns about the state's current regulatory framework," plans summit in response to new AG enforcement policy

BillBilly J. Williams, the United States Attorney for the District of Oregon, has this fascinating new newspaper commentary under the headlined "U.S. Attorney: A call for transparency and action on marijuana." Here is most of what it says:

Earlier this month, Attorney General Jeff Sessions issued a memorandum rescinding existing Justice Department guidance on marijuana enforcement. The move gives U.S. Attorneys wide latitude to develop district-specific strategies and deploy department resources without Washington, D.C. artificially declaring some cases off limits. Before developing a strategy for Oregon, however, we need more information from the state.

Here's what we know right now. Oregon has a massive marijuana overproduction problem. In 2017 alone, postal agents in Oregon seized 2,644 pounds of marijuana in outbound parcels and over $1.2 million in cash. For comparison, postal agents in Colorado seized just 984 pounds of marijuana during a four-year period beginning in 2013.

Overproduction creates a powerful profit incentive, driving product from both state-licensed and unlicensed marijuana producers into black and gray markets across the country. This lucrative supply attracts cartels and other criminal networks into Oregon and in turn brings money laundering, violence, and environmental degradation.

A survey of recent federal cases in Oregon illustrates alarming trends: in the last six months, federal agents and port police have seized over $1 million in cash linked to marijuana transactions passing through Portland International Airport; law enforcement partners from 16 states have reported marijuana seizures from Oregon. In the first half of 2017, in-state production of butane hash oil resulted in six separate lab explosions. And police and sheriff deputies regularly encounter vehicles with hundreds of pounds of marijuana on highways heading out of state.

We also know that even recreational marijuana permitted under state law carries ill-effects on public health and safety, as Colorado's experience shows. Since 2013, marijuana-related traffic deaths have doubled in Colorado. Marijuana-related emergency and hospital admissions have increased 35 percent. And youth marijuana use is up 12 percent, 55 percent higher than the national average. We must do everything in our power to avoid similar trends here in Oregon.

As U.S. Attorney, I have traveled throughout the state to meet with community leaders and citizens to discuss distinctive issues facing rural Oregonians.  Many of these conversations quickly turn to marijuana.  Landowners throughout central and southwestern Oregon have legitimate concerns that marijuana cultivation has had a detrimental effect on water rights, public lands and livability.

Rural communities simply do not have the resources to fund the additional police and sheriff deputies needed to address these issues. While state officials have allocated a portion of marijuana tax revenues to public safety organizations including the Oregon State Police, the net effect on enforcement remains an open question. Moreover, can 20 Oregon Liquor Control Commission marijuana enforcement specialists adequately police thousands of recreational licensees?

We don't know the answer to these questions, in part, because the state has yet to release a final version of its report evaluating out-of-state diversion, distribution to minors, cultivation on public land and violent crime associated with marijuana in Oregon.  We need this information to move forward smartly, effectively, and transparently.

In sum, I have significant concerns about the state's current regulatory framework and the resources allocated to policing marijuana in Oregon.

Congress's judgment on marijuana activity is reflected in the Controlled Substances Act.  Before charting a path forward for the enforcement of marijuana in Oregon, we must see how the state mitigates the public safety and health issues raised here.  The time for informed action is now.

In the coming days, I will send invitations to federal, state, local and tribal law enforcement, public health organizations, Oregon marijuana interests and concerned citizen groups to attend a summit to address and remedy these and other concerns.

This summit and the state's response will inform our federal enforcement strategy.  How we move forward will depend in large measure on how the state responds to the gaps we have identified.  Until then it would be an inappropriate abdication of my duties to issue any blanket proclamations on our marijuana enforcement strategy in light of federal law.

This commentary and its coming echoes confirms what has been one of my thoughts since Attorney General Sessions' recent decision to rescind the Cole Memo (basics here and here): each US Attorney in each US district is now able to be (and perhaps inevitably will become) the chief regulatory officer for marijuana reform in that jurisdiction.  This commentary is a clear statement that this US Attorney is concerned that Oregon's state reforms and regulations are not working, and he is going to have a quasi-regulatory hearing with interested parties, and then (perhaps) he will issue some "regulations" in the form of some explanation of the types of federal marijuana crimes and criminals he will be eager to prosecute in the near future.

January 12, 2018 in Business laws and regulatory issues, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, January 10, 2018

Vermont legislature brings state to cusp of being first to legalize marijuana through standard legislation

As reported in this AP article, "the Vermont Senate gave final approval Wednesday to a bill that would allow the recreational use of marijuana, putting Vermont on course to become the first state in the country to legalize pot via legislative act rather than through a citizen referendum." Here is more:

By voice vote, the Senate agreed to the proposal that would make it legal for adults to possess and grow small amounts of marijuana but does not set up a system to tax and regulate the production and sale of the drug.  The state House approved the bill last week, and Gov. Phil Scott has indicated he would sign it....

The bill would allow adults older than 21 to possess of up to 1 ounce of marijuana and have two mature marijuana plants or four immature plants in each dwelling unit no matter how many people live there.  State senators who voted against the legislation did not ask for a roll call. The law would take effect July 1.

GOP Sen. Randy Brock of Franklin, Vt., who recently was appointed to fill a vacancy, said he voted against the bill after hearing opposition from educators, medical professionals, law enforcement officials and his constituents. He also was concerned that legalization would conflict with federal law.  "This is a federal question," Brock said. "It needs to be decided federally."

If Scott signs the bill, Vermont will join eight states — Alaska, California, Colorado, Maine, Massachusetts, Oregon, Nevada, Washington — and the District of Columbia where possession of small amounts of marijuana are legal for recreational use.

In spring 2016, Vermont's Legislature passed a similar bill, but Scott vetoed it because the Republican thought it didn't do enough to protect children from marijuana and ensure highway safety.  Lawmakers changed the proposal to address the governor's concerns didn't have enough time to pass it during a short veto session in June.

While this bill does not contain a mechanism to tax and regulate marijuana, as some states do, lawmakers who favor legalization hope the bill will prompt the Legislature to do that later. The District of Columbia's pot initiative also does not have a mechanism for sales, regulation and taxation.  "I hope this step leads us to tax and regulate," said Vermont state Sen. Richard Sears, the Democratic chairman of the Judiciary Committee.

The expected based on developments last year, this is still very big and important news and arguably start yet another new chapter in the history of marijuana reform. Whether and how the state considers moving forward with a commercial sale regime or sits tight with just legalization is one of many interesting next questions for the state.

January 10, 2018 in History of Marijuana Laws in the United States, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Monday, January 8, 2018

US Attorney for Massachusetts refuses to provide more guidance on federal prohibition prosecution plans

As reported in this AP article, the "top federal prosecutor in Massachusetts offered no guarantees on Monday that he would take a hands-off approach to legalized pot, injecting a new layer of uncertainty and confusion into the commercial marijuana industry as it looked to gain a foothold in the state." Here is more:

U.S. Attorney Andrew Lelling said in a statement that while he understood the desire for guidance on the federal approach to the state’s voter-approved recreational marijuana law, he "cannot provide assurances that certain categories of participants in the state-level marijuana trade will be immune from federal prosecution." Such determinations would be made on a "case-by-case basis," he added.

The Yes on 4 Coalition, which spearheaded the 2016 ballot campaign, had publicly called for Lelling to provide "clear, unambiguous answers" to several questions, including whether his office would prosecute businesses that are granted licenses by state cannabis regulators to grow, produce, test or sell marijuana legally in Massachusetts....

Lelling took office in December after being nominated by President Donald Trump and confirmed by the U.S. Senate.  His comments on Monday expanded on an earlier statement last week that promised enforcement of serious federal crimes but did not directly address the recreational marijuana issue....

Jim Borghesani, a Massachusetts spokesman for the Marijuana Policy Project, called the prosecutor’s comments "ominous."  Pro-marijuana groups fear the change in tone from the Justice Department and federal prosecutors will send a chill through the nascent cannabis industry, discouraging those looking to start or invest in those businesses. "I don’t think any business would ever want to open its door and have fears on the first day that the FBI is going to be standing on their doorsteps," said Borghesani....

The Cannabis Control Commission, a five-member panel created to regulate marijuana in Massachusetts, has pledged to move forward with a process that foresees the first commercial pot shops opening in July. Republican Gov. Charlie Baker, who said last week that rescinding the Cole Memorandum was the "wrong decision," continued to support the commission’s work and would provide adequate funding for it, a spokeswoman said Monday.

The "Statement By U.S. Attorney Andrew E. Lelling Regarding Federal Marijuana Enforcement" is available at this link.  I understand fully why officials and reform advocates in Massachusetts would like to get some more clear and definitive enforcement guidance as the state moves forward with developing and implementing rules for voter-enacted marijuana reform.  But both the tone and seeming intent of the decision by Attorney General Session to rescind the Cole Memo suggests that the Department of Justice is eager to avoid giving clear guidance to state actors and the marijuana industry concerning enforcement plans and priorities in this arena.

January 8, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Saturday, January 6, 2018

Two notable new reviews of efforts to enhance racial equity in modern marijuana markets

Two major news sources have run two major recent pieces about efforts in California to enhance minority participation in the marijuana industry:

From the Washington Post here, "California cities try to atone for war on drugs with help for minority marijuana entrepreneurs." An excerpt:

At least four California cities — Los Angeles, Oakland, Sacramento and San Francisco — have created “equity programs” to help people personally affected by the war on drugs or who come from communities that bore the brunt of it get an early stake in the legal cannabis business.

The goal is to attempt to atone for past policies that perpetuated generational poverty and to diversify an industry whose profile is overwhelmingly young, white, male and wealthy. “The folks who are profiting don’t look anything like the people bearing the brunt of the war on drugs,” said Greg Minor, who runs Oakland’s cannabis program.

From the Los Angeles Times here, "Despite helping hand from L.A., drug offenders would face obstacles in cannabis industry." An excerpt:

As California’s legal cannabis industry heats up, officials in Los Angeles and other cities say they want to make sure early players in the pot business who were selling it when it was still illegal aren’t pushed out of the market. In Los Angeles and Oakland, city cannabis rules provide for so-called social-equity programs, which provide a leg up to marijuana business license applicants who either have been convicted of a marijuana crime or live in neighborhoods disproportionately affected by marijuana arrests.

But many of the entrepreneurs who might benefit from those programs would face a huge obstacle: Most banks won’t open accounts for marijuana businesses, and the few institutions that are willing to do so are likely to refuse to serve businesses whose owners or managers have criminal records, even if those records are for selling marijuana.

January 6, 2018 in Business laws and regulatory issues, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, January 4, 2018

"Vermont Lawmakers Approve Marijuana Legalization Bill"

VermontThe title of this post is the headline of this Forbes article penned by Tom Angell reporting on a notable and historic marijuana reform development in a day full of notable and historic developments. Here are the details:

The Vermont House of Representatives voted on Thursday to legalize possession and home cultivation of marijuana. The move comes on the same day that U.S. Attorney General Jeff Sessions moved to rescind Obama-era guidance that has generally allowed states to implement their own marijuana laws without federal interference.

Under the Vermont legislation, an earlier version of which passed the Senate last summer, commercial sales of cannabis would not be allowed. But if the proposal is enacted, as is expected, the state would become the first to legalize marijuana by an act of lawmakers. To date, all eight states that have ended cannabis prohibition have done so via voter initiatives.

Gov. Phil Scott (R) has promised to sign the bill into law after the Senate votes to approve the new language, expected next week.

Vermont fell just short of ending marijuana prohibition in 2017. Both legislative chambers approved a legalization proposal, but Scott vetoed it. However, the governor then laid out a few small revisions he wanted legislators to make in order to garner his signature. The Senate quickly acted to make the requested changes, but the House wasn’t able to overcome procedural hurdles to pass the revised bill in time during a short special session over the summer.

That left the House poised to approve the bill under regular order after reconvening for the year this week. The vote on Thursday was 81 to 63.

Representatives voted down several floor amendments, including proposals to delay consideration of the bill in light of news about the federal enforcement policy change. They also rejected an attempt by GOP House leader Don Turner to add legal cannabis sales to the bill. The move by Turner, a legalization opponent, was seen by advocates as an attempt to attach a poison pill to the legislation, because Scott would have been less likely to sign it into law as amended....

If the proposal is enacted, possession of up to one ounce of cannabis and home cultivation of two mature plants by adults over 21 years of age would be legal.

While the legislation initially included language creating a study commission to examine the possible future legalization of commercial marijuana sales, Scott created such a panel on his own by executive order during the interim. On Wednesday, the House Judiciary Committee amended the bill to remove the commission provisions, which is why it now requires one more vote in the Senate, where it is widely expected to pass.

January 4, 2018 in History of Marijuana Laws in the United States, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Sunday, December 31, 2017

Countdown to California's new cannabis consumerism

It has already been 14 months since Californians voted, by a margin of 57% to 43%, to pass Proposition 64 in the 2016 election, the Adult Use of Marijuana Act. And while part of that Act became effective right away, the initiative provided that retail locations for recreational marijuana would not be opening until January 2018 at the earliest. But now January 2018 is here, and lots of media have been providing lots of accounts of what the expect as California becomes a state with marijuana not only legalized, but also commercialized. Here is a just a small sampling of some coverage and commentary from a variety of sources:

December 31, 2017 in Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, December 21, 2017

Notable coverage of notable marijuana reform public health issues in Nov 2017 issue of Preventive Medicine

1-s2_0-S0091743517X00108-cov150hI have just seen that the November 2017 issue of Preventive Medicine has a series of articles on the "potential health impacts of legalizing recreational marijuana use," and that series is described in an editorial introduction this way:

Legalization of marijuana use has gained considerable momentum in the U.S. with 28 states plus the District of Columbia (DC) legalizing medical marijuana use and 8 states plus DC legalizing recreational marijuana use, with similar liberalization of laws occurring in Canada and other countries (NYTimes, April 13, 2017).  Such actions clearly have tremendous public health implications and it is important that those implications be considered using the best available scientific evidence.

In this Special Issue we invited policy makers from Colorado (Ghosh et al., 2017, in this issue), the first U.S. state to legalize recreational marijuana use, Vermont (Chen and Searles, 2017, in this issue), a state currently considering legalization of recreational use, and the U.S.’s National Institute on Drug Abuse (Weiss and Wargo, 2017, in this issue) to provide a federal perspective on the health implications of legalizing recreational marijuana use.

In addition to policy makers we invited contributions from scientific experts in the health impacts of marijuana use to address the implications of legalizing recreational marijuana use, including potential impacts on the epidemiology of marijuana use and risk perceptions among youth and adults (Carliner et al., 2017, in this issue), emergency medicine (Wang et al., 2017, in this issue), addiction risk (Budney and Borodovsky, 2017, in this issue), adolescent risks and potential interventions (Schuster et al., 2017; Walker, 2017, in this issue), and maternal and child health (Mark and Terplan, 2017, in this issue).

Here are just some of the titles of some of the notable article in the issue:

  • "Lessons learned after three years of legalized, recreational marijuana: The Colorado experience"
  • "Cannabis use, attitudes, and legal status in the U.S.: A review"
  • "Marijuana and acute health care contacts in ColoradoOriginal Research Article" 
  • "The potential impact of cannabis legalization on the development of cannabis use disorders"
  • "Legalization of cannabis: Considerations for intervening with adolescent consumers"

December 21, 2017 in Medical community perspectives, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)