Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Tuesday, September 22, 2020

Is South Dakota soon to become the first deep-red mainland state to fully legalize marijuana?

Growing-marijuana-south-dakota-600x250The question in the title of this post is prompted by this new Marijuana Moment piece headlined "South Dakota Voters Support Medical And Recreational Marijuana Initiatives, New Opposition Poll Finds."  Here are excerpts:

A majority of South Dakota voters support separate initiatives to allow both medical and recreational marijuana that will appear on the state’s November ballot, according to a new poll funded by legalization opponents.

But when it comes to the proposed adult-use legalization amendment, opponents argue that there’s significant confusion over what it would accomplish, as most people who said they favor the measure cited therapeutic applications of cannabis as reasons they support the broad reform.

The statutory medical cannabis initiative would allow patients suffering from debilitating medical conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary.  They could also grow at least three plants, or more if authorized by a physician.

The proposed constitutional amendment, which couldn’t be changed by the legislature if approved by voters, would legalize marijuana for adult use. People 21 and older could possess and distribute up to one ounce, and they would also be allowed to cultivate up to three cannabis plants.

There’s strong support for each of the measures in the new prohibitionist-funded survey, which was conducted June 27-30 and announced in a press release on Thursday. Roughly sixty percent of South Dakota voters said they favor recreational legalization, while more than 70 percent said they back medical cannabis legalization, according to the No Way on A Committee, which didn’t publish detailed cross-tabs, or even specific basic top-line numbers, from the poll results.

The decision by the prohibitionist committee to release the results of a poll showing such broad support for legalization is an interesting one. Typically, ballot campaigns and candidates use polling results to demonstrate momentum, but perhaps the South Dakota group is seeking to sound the alarm and generate donations from national legalization opponents to help stop the measure. If South Dakota votes to legalize cannabis this November, that would signal that the policy can pass almost anywhere....

While the recreational measure might not have been crafted solely with patient access in mind, adults who want to use marijuana for therapeutic reasons would still stand to benefit from a regulated market — regardless of whether it’s a medical or adult-use model — so it’s possible that the survey results don’t demonstrate total confusion among those respondents. Plus, the constitutional amendment does contain language requiring the legislature to enact policies on medical cannabis as well—providing more robust constitutional protections for therapeutic use than the statutory measure alone would ensure.

Maine, Nevada and especially Alaska are arguably "reddish" or "red" states that have already fully legalized marijuana via ballot initiatives in years past. But South Dakota is really deep red, as in 2016 it voted for Donald Trump two-to-one over Hillary Clinton. If such a deep red state really does vote convincingly for full marijuana legalization, I think the prospects for federal reforms get a lot brighter no matter who is in charge at the federal level after this election.

September 22, 2020 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, September 10, 2020

Noticing how hemp reform indirectly became criminal justice reform in Texas

JzOybXdocQLWjml-800x450-noPadLong-time readers know that my focus on marijuana reform began with, and is still situated deeply within, my eagerness for criminal justice reforms.   And though I remain concerned that the marijuana reform movement and broader debate still fails give enough attention to criminal justice issues, I always like seeing new stories of how the movement can have criminal justice reform success even in unexpected ways.  One such story can be found in Texas, as reported here by Kyle Jaeger at Marijuana Moment under the headline "Marijuana Possession Arrests Plummet In Texas After Hemp Legalization, New State Data Shows." Here are details:

Marijuana possession arrests fell almost 30 percent in Texas from 2018 to 2019, new state data shows, and that trend seems connected to the legalization of the plant’s non-intoxicating cousin hemp.

While marijuana remains illegal in Texas, the policy change around hemp in mid-2019 created complications for law enforcement since the two forms of the cannabis crop are often indistinguishable to the naked eye. Police have said that, because of this, they can’t consistently charge people without conducting lab analyses of seized cannabis for THC content.

According to data released last week by the Texas Department of Public Safety (DPS), that appears to have led to a significant decline in marijuana arrests.   In 2018, there were about 63,000 marijuana [arrests in total] in the state [data here] — and that went down to just over 45,000 arrests in 2019 [data here].

Prosecutors have dismissed hundreds of low-level cannabis cases since hemp was legalized. And state officials announced in February that labs wouldn’t be performing testing in misdemeanor cases, with DPS saying it “will not have the capacity to accept those.” Cannabis manufacturing arrests also dropped significantly since hemp’s legalization — from about 2,700 in 2018 to about 1,900 in 2019.

Municipalities across the state have jumped at the chance to push through local cannabis reforms in recent months. The El Paso City Council approved a measure in May that encourages police to issue citations for low-level marijuana cases instead of making arrests.  In January, the Austin City Council approved a resolution aimed at ending arrests for simple cannabis possession. The city’s police department said in July that they “will no longer cite or arrest individuals with sufficient identification for Class A or Class B misdemeanor ‘possession of marijuana’ offenses, unless there is an immediate threat to a person’s safety or doing so as part of the investigation of a high priority, felony-level narcotics case or the investigation of a violent felony.”

A cite-and-release program in San Antonio led to a 35 percent reduction in the number of arrests for small amounts of marijuana, according to data released by the local police department....

Last year, the House voted to approve a decriminalization bill that would’ve made possession of one ounce or less of cannabis punishable by a $500 fine and no jail time, but it filed to advance to a Senate floor vote by the end of the session.

I am not sure the significant reduction in arrests for marijuana possession in Texas in 2019 can or should be wholly or even mostly attributed to hemp reform, but hemp reform was likely one of a number of factors that played an important contributing role.  And, as I have highlighted in some prior posts here and here, it will be fascinating to follow 2020 arrest data to see how the health challenges of COVID and the moral challenge of calls for racial justice might be impacting marijuana prohibition's continued enforcement in Texas and nationwide.

But, to make sure an important reality is not lost, we ought not lose sight of the fact that even at reduced arrest rates in 2019, on average well over 100 people were being arrested every single day in Texas for merely possessing marijuana.  (And, as we see everywhere, blacks were greatly over-represented among those arrested: though only about 12% of the Texas population is black, over 30% of those arrested for possessing marijuana in Texas in 2019 were black.)

September 10, 2020 in Criminal justice developments and reforms, Race, Gender and Class Issues | Permalink | Comments (0)

Tuesday, September 8, 2020

"Ohio Medical Marijuana Control Program at Two Years: Evaluating Satisfaction and Perception"

The title of this post is the title of this great new report, available via SSRN, authored by colleagues of mine at the Drug Enforcement and Policy Center, Jana Hrdinova, Stephen J. Post and Dexter Ridgway.  Here is its abstract:

Medical marijuana became legal in Ohio on September 8, 2016 when House Bill 523 (HB 523) became effective. This bill created the framework for the Ohio Medical Marijuana Control Program (OMMCP), and the architects of HB 523 promised the program would be “fully operational” within two years.  But as of July 15th, 2020, the OMMCP was still not fully operational, creating concerns around persistent delays and the overall functionality of the program.

After a year and a half of partially operating, the OMMCP continues its slow rollout.  With possible future marijuana reforms on the horizon, the perceived effectiveness and success of the current system among Ohioans may shape the long-term future of the program.  To our knowledge, the Harm Reduction Ohio (HRO) report1 released in September 2019 was the first concerted effort to survey patients and potential patients to evaluate their experiences and satisfaction with the OMMCP to date.  This report looks at how people potentially impacted by the OMMCP perceive its performance and whether there have been changes in their satisfaction levels as compared to last year’s survey data.  Our updated survey allows for a new examination into the efficacy of the structure of Ohio’s Medical Marijuana Control Program and how this state’s initial experience with marijuana reform can inform the larger national conversations currently underway.

September 8, 2020 in Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

"Building a Better Marijuana Tax"

The title of this post is the title of this new paper recently posted to SSRN and authored by Carl Crow, a recent graduate of The Ohio State University Moritz College of Law.  (This paper is yet another in the on-going series of student papers supported by the Drug Enforcement and Policy Center.)   Here is this latest paper's abstract:

Eleven states and the District of Columbia have passed legislation legalizing adult possession and use of marijuana.  Of those twelve jurisdictions, only eight of those jurisdictions have active markets where the substance can be legally bought and sold, and each imposes a different taxation scheme on the flow of marijuana goods in the marketplace.  This paper analyzes each tax base and then proposes a bifurcated recreational marijuana tax scheme for states that are currently thinking about legalization: (i) tax flower, bud, and trim based on weight; and (ii) tax concentrates, edibles, oils, and other “distilled” marijuana products based on potency, currently measured by THC content.

The idea behind taxing by potency is two-fold: first, the state may pursue public health goals by nudging consumers away from high-potency forms of marijuana – and prevent producers from gravitating even more strongly toward high-potency goods; second, taxing by potency may help normalize the recreational use of marijuana by encouraging society to treat marijuana more like other legal drugs such as alcohol and cigarettes.  While no tax scheme is perfect, a hybrid weight/potency base combined with a sunset provision to allow further research on the area appears to be the ideal way to regulate marijuana at this moment in time.

September 8, 2020 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Taxation information and issues , Who decides | Permalink | Comments (0)

Monday, September 7, 2020

Noticing the notable "red state" realities of marijuana reform ballot initiatives in 2020

Download (26)The Daily Beast has this new piece highlighting that the bulk of the marijuana reform initiatives on the ballot in 2020 are in so-called red states. The piece is fully headlined "Marijuana Is Making Its Mark on Ballots in Red States: Republican-led legislatures have opposed legalization measures, so proponents are going right to the voters." Here are excepts:

Montana and a handful of other states this fall [will] decide whether to legalize recreational or medical marijuana. Five of the six states with ballot questions lean conservative and are largely rural, and the results may signal how far America’s heartland has come toward accepting the use of a substance that federal law still considers an illegal and dangerous drug.

Since Colorado first allowed recreational use of marijuana in 2014, 10 other states have done the same. Most are coastal, left-leaning states, with exceptions like Nevada, Alaska and Maine. An additional 21 states allow medical marijuana, which must be prescribed by a physician.

This year, marijuana advocates are using the November elections to bypass Republican-led legislatures that have opposed legalization efforts, taking the question straight to voters. Advocates point to a high number of petition signatures and their own internal polling as indicators that the odds of at least some of the measures passing are good....

Mississippi and Nebraska voters will decide on medical marijuana measures. South Dakota will be the first state to vote on legalizing both recreational and medical marijuana in the same election.

Montana, Arizona and New Jersey, all medical marijuana states, will consider ballot measures in November to allow recreational sales, a move opponents consider evidence of a slippery slope....

The Marijuana Policy Project is helping to coordinate the Montana legalization effort. Its deputy director, Matthew Schweich, said the organization does so only when polling suggests at least half of voters would support the measure. “It’s becoming normalized for people,” Schweich said. “People know that other states are legalizing it and the sky has not fallen.”

An effort to legalize marijuana in rural, conservative states would have been an uphill battle even a few years ago. But several factors have worked toward changing attitudes there, Schweich said. They include a gradually increasing acceptance in red states of neighbors that have legalized recreational pot—and seeing the tax revenue that legal marijuana brings. But perhaps the biggest catalyst toward normalizing pot use is having an established medical marijuana program, Schweich said.

After 15 years, Montana’s medical cannabis program is firmly rooted and has survived several legislative attempts to restrict it or shut it down. According to the Montana Department of Public Health and Human Services, more than 500 marijuana providers were serving 38,385 people as of July, which represents nearly 4 percent of the state’s population....

In Mississippi, 20 medical marijuana bills have failed over the years in the Statehouse. This year, 228,000 state residents signed petitions in support of a medical marijuana initiative to allow possession of up to 2.5 ounces of marijuana to treat more than 20 qualifying medical conditions. In response, lawmakers put a competing measure on the ballot that would restrict marijuana use to terminally ill patients and require them to use only pharmaceutical-grade marijuana products.

Jamie Grantham, spokesperson for Mississippians for Compassionate Care, called the measure an effort by the state to split the vote and derail legalization efforts. “I’m passionate about this because it’s a plant that God made and it can provide relief for those who are suffering,” said Grantham, who described herself as a conservative Republican. “If this is something that can be used to help relieve someone’s pain, then they should be able to use it.”

But opposition is starting to build. Langton, the Mississippi Board of Health member, is working with Mississippi Horizon, a group fighting legalization. Langton said he opposes the original initiative because he believes it’s “overly broad” and would allow dispensaries within 500 feet of schools and churches. It could also put Mississippi on a path toward legalized recreational use, he said. He added: “They say that marijuana is a natural plant, but poison ivy is natural, too. Just because something is natural doesn’t mean it is good for you.”

September 7, 2020 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Saturday, September 5, 2020

"Effects of Marijuana Legalization on Law Enforcement and Crime: Final Report"

Images (13)The title of this post is the title of this lengthy new report, which was made possible by funding from the National Institute of Justice and which digs deeply into law enforcement and crime experiences after Washington state legalized marijuana. The study covers lots of important ground in thoughtful and diverse ways, and here are part of its lengthy abstract:

In 2012 the citizens of Washington State, via Initiative 502, legalized possession of a small amount of cannabis by adults.  On July 1, 2014 licensed retail outlets in Washington opened with a regulated and monitored product. The effects that this legalization would have on crime and law enforcement in the state were open questions.  In this National Institute of Justice-funded study we employed a mix of quantitative and qualitative approaches geared toward addressing these questions. Research partners and participants included municipal, county, state and tribal law enforcement agencies representing 14 state, urban, suburban, rural, and tribal organizations in Washington the neighboring state of Idaho, as well as law enforcement professionals from 25 additional agencies and organizations.  Focus group, joint, and individual interviews involved 153 justice system officials that included sworn officers from three multi-agency drug task forces and one gang task force....  We constructed case study profiles and assessed qualitative (focus groups, interviews) and quantitative (Uniform Crime Reporting Program or UCR, calls for service records, and body/dash camera footage) data regarding how police practices and strategies, and crime itself, have been affected by legalization in Washington, and how that watershed decision in Washington has changed policing in adjacent border areas....

We found that marijuana legalization has not had an overall consistently positive or negative effect on matters of public safety.  Instead, legalization has resulted in a varied set of outcomes, including: concern about youth access to marijuana and increased drugged driving, a belief that there is increased cross border transference of legal marijuana to states that have not legalized, reports that training and funding for cannabis-related law enforcement activities have been deficient given the complex and enlarged role the police have been given, and the persistence of the complex black market.  On the “positive” front, legalization appears to have coincided with an increase in crime clearance rates in several areas of offending and an overall null effect on rates of serious crime.  Importantly, the legalization of marijuana has reduced the number of persons brought into the criminal justice system by non-violent marijuana possession offenses.  The police were also greatly concerned about how to best handle the detection and documentation of marijuana-related impairment in both commercial vehicle operations and traffic incidents.  The state has adopted the Target Zero goal of no traffic fatalities by 2030 and the legalization of marijuana and the privatization of liquor sales have combined to make accomplishment of this worthy goal extremely difficult.

Our research methodology necessarily included a number of limitations that would prevent the wholesale generalization of the results.  For instance, most of the data was collected from one state (Washington) which was one of the two “pioneer” states involved in legalization in this country.  Furthermore, the calls for service data were obtained from a limited number of agencies and are likely not generalizable to the entire state, much less the country.  The crime data is extracted from the UCR database (as not all of Washington was National Incident Based Reporting System [NIBRS] compliant for all years under study) is known to suffer from a number of limitations, including: undercounting of some crimes, a lack of contextual information about criminal activity, and missing incidents not reported to the police.  While the calls for service data address some limitations of the UCR database (for instance, calls for service data are better suited for the analysis of minor crimes), these data still do not address the limitation that only incidents reported to the police are analyzed.  Put simply, if legalization resulted in a shift in criminal behavior that was not reported to the police, our quantitative analyses would be incapable of detecting it.  Similarly, the body-worn camera (BWC) analysis was exploratory in nature and the data represent two agencies that are geographically and organizationally disparate.  As an exploratory component, these results are not generalizable.

The qualitative findings of this study offer insight into the lived experiences of officers, deputies, troopers, trainers, supervisors, administrators, and prosecutors, and are not without their limitations.  Our qualitative data are limited by issues of generalizability (they may not represent the opinions of law enforcement professionals more broadly) and potentially be issues of selection bias (it is possible that those with the strongest opinions were perhaps most likely to volunteer to participate in focus groups and interviews).  As with any research design employing purposive sampling, these results are not generalizable.  They do not represent the lived experiences of all law enforcement officers or justice system representatives, nor adequately capture the totality of the lived experiences of this study’s participants.... These results emphasized and sought to document experiences pre- and post-legalization. While we made every effort to restrain our analysis to issues involving cannabis legalization effects on law enforcement and crime, our participants, as reflected in our findings, often gravitated towards broader frustrations involving police resourcing, training, and prosecutorial practices.  Lastly, while our qualitative data is wellsuited for capturing the perceptions of police officers, they are also limited in this regard.  Police perceptions of legalization may be skewed and not reflective of the broader process of legalization.

September 5, 2020 in Criminal justice developments and reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, August 25, 2020

Pennsylvania Gov advocating for full legalization to aid economic recovery amidst COVID pandemic

In this post back in March, I wondered aloud "In a post-COVID economy, will job creation and tax revenue from marijuana reform become irresistible?".  Five months later, I am sad that we are not yet to a "post-COVID" era, but can still note this new piece at Marijuana Moment revealing a prominent development serving as a kind of answer to my question.  The piece is headlined "Pennsylvania Governor Calls For State-Run Marijuana Sales To Boost Economy Amid Coronavirus," and here are excerpts:

The governor of Pennsylvania is calling on lawmakers to legalize marijuana to aid the economic recovery from the coronavirus pandemic — and he’s floating the idea that the state itself would sell the cannabis to consumers.

During a press conference on Tuesday, Gov. Tom Wolf (D) talked about his plan to address the COVID-19 crisis and included legalization prominently in his agenda. Tax revenue from marijuana sales could help “supplement” relief loans provided by the federal government, he said.  Asked about the prospects of advancing legalization legislation through a Republican-controlled legislature, the governor said, “I think there was some appetite for it before and my hope is that with the pandemic and the hit that we’ve taken to revenues that there might be a little more interest in it right now.”...

Unlike Colorado and all other legal markets, however, Wolf is suggesting that lawmakers pursue a state-run cannabis model.  “The proposal is, that for people that people over 21 years of age, I think we have a state store system that would be an ideal way to distribute it,” he said.  “But I think it’s also a way that the state could actually get some tax revenue from something that people are evidently already doing.”

The governor also acknowledged that tax revenue from marijuana sales wouldn’t occur immediately, but he stressed the need to implement regulations quickly so that they can begin collecting those dollars as soon as possible.  According to an outline of the plan, 50 percent of that tax revenue “would be earmarked for historically disadvantaged businesses.”

“Along with the call to the General Assembly to pass legislation legalizing the sale and use of recreational marijuana, the governor proposes that a portion of the revenue be used to further restorative justice programs that give priority to repairing the harm done to crime victims and communities as a result of marijuana criminalization,” it states.  “Also, the governor wants the General Assembly to pursue criminal justice reform policies that restore justice for individuals convicted of marijuana-related offenses.”...

Shortly after the governor announced that he is embracing the reform, a lawmaker filed a bill to legalize marijuana through a state-run model as Wolf is now proposing. With this new plan, Wolf is also aligning himself with a majority of Senate Democrats, who sent him a letter last month, arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the coronavirus pandemic.

Prior to state shelter-in-place and social distancing mandates, Rep. Jake Wheatley (D) announced that he would be introducing a revised legalization bill for the session. The lawmaker, who filed a similar bill last year, wrote that his proposal will be “the most comprehensive and well-vetted legislation providing for a legal adult-use cannabis industry.” It would also provide for expungements and releasing people from prison for non-violent drug offenses.

Outside of Pennsylvania, other leaders are recognizing that taxing and regulating marijuana can provide a much-needed economic boost amid the coronavirus pandemic. In New Mexico, Gov. Michelle Lujan Grisham (D) said in May that the state needs to explore every option for economic relief, and that includes passing cannabis legalization.  The governor of New Jersey said last month that legalizing cannabis could simultaneously help the state recover economically from crisis while also promoting racial justice.  New York Gov. Andrew Cuomo (D) was asked in May about whether marijuana legalization could serve as a tool for economic recovery and he expressed support for the proposal, stating that while the legislature hasn’t yet accomplished the policy change, “I believe we will” down the line.

A few of many prior COVID-cannabis related posts:

August 25, 2020 in Campaigns, elections and public officials concerning reforms, Political perspective on reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Friday, August 14, 2020

A classic, modern (or modern, classic) debate on "Should We Legalize Marijuana?"

Newsweek has brought together two leading voices in the marijuana reform conversation here under the headline  "Debate: Should We Legalize Marijuana? | Opinion."  Here is how the opinion editor sets up the discussion and links to the commentary:

Drug overdoses in America have inexplicably skyrocketed over the past five years. We are, it seems, facing terrible societal crises of mass despondency and lonely atomization. What's more, the stuff peddled to kids today, more potent in terms of THC level than ever before, ain't exactly your grandpa's weed from Woodstock. But on the other hand, surely the War on Drugs has been an abject failure, needlessly ruining lives and locking up youngsters who wouldn't otherwise have a chance at success in live. And as American public opinion shifts, is it finally time to fully legalize recreational marijuana?

This week, of Law Enforcement Action Partnership debates Dr. Kevin Sabet of Smart Approaches to Marijuana on one of the perennial questions facing the American populace. We hope you enjoy the detailed, lively exchange.

As is often the case, these two advocates make their arguments eloquently and effectively. Franklin stresses the myriad criminal justice harms and inequities that have resulted from marijuana prohibitions; Sabet stresses the myriad public health risks and inequities that may result from marijuana legalization and commercialization.  Most of their points are sound, and I often think the crux of the marijuana reform debate turns on one's perspective on whether one is more concerned with documented criminal justice harms and inequities from prohibition or with potential public health risks and inequities that may result from marijuana legalization and commercialization.

August 14, 2020 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Thursday, August 13, 2020

Thorough review of "Where Vice Presidential Candidate Kamala Harris Stands On Marijuana"

1563932774784Regular readers surely know of my appreciation for all the work done at Marijuana Moment to cover all sorts of marijuana issues, and this recent posting on the record on Senator Kamala Harris highlights why that resource does so much more than anyone else on this front.  Specifically, the posting goes on and on, because Harris has a long record, and here is how the coverage gets started (with links from the original):

Joe Biden has selected Sen. Kamala Harris (D-CA) as his vice presidential running mate, the campaign announced on Tuesday.

The presumptive Democratic presidential nominee’s choice to join him on the ticket has evolved significantly on marijuana policy over her career.  Though she coauthored an official voter guide argument opposing a California cannabis legalization measure as a prosecutor in 2010 and laughed in the face of a reporter who asked her about the issue in 2014, she went on to sponsor legislation to federally deschedule marijuana in 2019.

It remains to be seen whether she will push Biden in the same direction, as the former vice president has maintained opposition to ending marijuana prohibition despite supermajority support among Democrats.

While Harris, a former attorney general of California, made marijuana reform a major component of her criminal justice platform when she unsuccessfully ran in the 2020 Democratic presidential primary, she’s been less vocal about the issue since dropping out in December 2019.

Convincing Biden to come around seems like a steep task in any case.  Some advocates suspect that the Democratic National Committee’s platform committee voted against an amendment to add legalization as a 2020 party plank specifically because it’s at odds with the presumptive nominee’s agenda.  Biden has drawn the line at decriminalizing marijuana possession, expunging past convictions, modest federal rescheduling, medical cannabis legalization and letting states set their own policies.

But it remains the case that Harris is the chief Senate sponsor of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act — a comprehensive piece of legalization legislation that includes various social equity and restorative justice provisions.  Advocates will be watching to see if she continues to advocate for the reform move as she’s on-boarded to the Biden campaign.

The senator indicated in July that she doesn’t plan to push the presumptive presidential nominee on the issue.

Here’s a deeper look at where Harris stands on marijuana [click through to see it all]:

August 13, 2020 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Political perspective on reforms, Who decides | Permalink | Comments (2)

Sunday, August 9, 2020

Is the Black Lives Matter movement now significantly advancing the marijuana reform movement?

The question in the title of this post is prompted by this lengthy new Politico piece.  The headline, "Black Lives Matter movement sparks 'collective awakening' on marijuana policies," and the start of the piece suggests the answer to the question is yes:

States and cities across the country have overhauled their marijuana policies in recent months, propelled by the Black Lives Matter protests over racial inequality and police brutality.

Since protests began in early June, many states and municipalities have adopted new cannabis regulations. Nashville, Tenn., stopped prosecuting minor marijuana possession cases.  Portland, Ore., redirected all cannabis tax revenue away from the Portland Police Bureau.  Colorado’s Legislature passed a long-stalled proposal to address social equity and scrap old marijuana convictions, and Sonoma County, Calif., and New York state expanded their programs to erase cannabis criminal records....

Cannabis was legalized in Colorado almost eight years ago, but without a social equity program or the expungement of cannabis-related convictions.  Democratic state Rep. Jonathan Singer first pushed for expungement of cannabis records in 2014 and has pressed for marijuana possession charges to be wiped ever since.

But Singer said it was the protests around racial justice that finally got the proposal to the governor’s desk with strong bipartisan support — the social equity and expungements bill only garnered one “no” vote in the state Senate.  Democratic Gov. Jared Polis signed the bill into law at the end of June.

But as the article continues, it becomes less clear if anything really big is changing with marijuana reform as racial justice gets more attention:

[M]any of the states and cities that did change their marijuana policies were already moving in that direction. Nashville spent the last six years reducing the number of marijuana arrests, before the protests motivated District Attorney General Glenn Funk to stop prosecuting possession entirely.  Portland was already reassessing where cannabis tax revenue was directed, and the “defund the police” movement provided the catalyst for the city council to change the budget. In many of these cases, conversations around racial justice simply pushed legislation over the finish line in a jurisdiction that was already working on it.

And it’s clear that the racial justice conversation has not convinced the most vocal skeptics.  In Pennsylvania, for example, the state lodge of the Fraternal Order of Police is not changing its anti-legalization position.  Even some Democratic lawmakers in the state remain unconvinced about the current legalization effort, despite the demonstrations....

On Capitol Hill, it isn’t clear that racial justice protests have affected the motivation to pass marijuana policy reform.  While many of the issue’s most prominent advocates have been silent on federal legalization in the last two months, House leaders are now considering a vote on the MORE Act — which would remove cannabis from the Controlled Substances Act and expunge some records — sometime this fall....

In June, Congress tried to reach an agreement on police reform.  The House passed a sweeping policing bill largely along partisan lines.  Senate Republicans introduced a more modest package of reforms, which Senate Democrats ultimately killed because it did not go far enough.  Missing from either chamber’s proposal was anything that would overhaul federal marijuana policies. Even many of the most ardent champions of marijuana legalization as criminal justice reform were silent.

A few of may prior related posts:

August 9, 2020 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

"Better Branding on the Big Screen: How the Marijuana Industry Could Use Product Placement to Increase Public Support"

The title of this post is the title of this new paper recently posted to SSRN and authored by Tyler Riemenschneider, a recent graduate The Ohio State University Moritz College of Law.  (This paper is yet another in the on-going series of student papers supported by the Drug Enforcement and Policy Center.)   Here is this latest paper's abstract:

Reefer Madness is often credited for spreading anti-marijuana sentiment across the country.  Could modern movies depicting marijuana have the opposite effect?  This paper asks whether film can influence our opinions on marijuana use and legalization.  If movies do have a persuasive effect, the marijuana industry may seek to utilize film as a way to build public support.  One method for doing so would be product placement.

This paper discusses potential strategies the industry could use to implement product placement, as well as the legal and industry barriers that could prevent or minimize the industry’s ability to engage in the practice.  However, a measured approach to product placement could be a viable persuasive tool for the industry.

August 9, 2020 in Film, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Tuesday, August 4, 2020

"Legal Cannabis Provides A Bright Spot In A Bleak Economy"

The title of this post is the headline of this notable new Forbes piece.  Here are excerpts:

The pandemic has hobbled entire sectors of the economy but the cannabis industry is surviving, even thriving. Sales are up as consumers turn to marijuana for stress relief and recreation.  Companies in the industry are making those sales easier and safer with online ordering to reduce contact between retailers and customers.  There are even a variety of new products for consumers to try.

Consumers may be cutting their spending, but not on cannabis.  Retail sales of medical and recreational cannabis in the U.S. is predicted to top $15 billion by the end of 2020 according to the Marijuana Business Factbook.  That’s an increase of about 40% over 2019 sales.

Two thousand people who consume marijuana regularly were surveyed by Verilife and reported using more cannabis during the pandemic.  Their increased consumption upped their average monthly spend on cannabis from $49 to $76.  Greg James, the publisher of Marijuana Venture and Sun Grower magazines, said at least part of the sales increase is due to the bars closing. “Staying home and enjoying a joint or edible becomes the thing to do,” he said....

Of course, the cannabis industry is not a money-printing machine, even when demand expands.  Basic business rules apply including follow the intricate laws carefully, keep pristine records, and hire excellent employees.  Most businesses fail because they "have questionable management and unrealistic business plans,” said James.  He has spoken with hundreds of cannabis companies during the six years his magazines have been published.  “As with most businesses, the successful ones quickly adapt and figure out how to manage with the new normal,” he said. “Good management and well trained employees are as valuable in Cannabis as in every other industry.”

August 4, 2020 in Business laws and regulatory issues | Permalink | Comments (0)

Another example of stark racial disparity in marijuana enforcement in a northern city headed by an African-American police chief

Chief Hawkins headshotA couple of years ago, I noted in this post a local press piece from Minneapolis reporting on low-level marijuana stings being stopped after an extreme racial disparity was revealed ("46 of 47 arrested were black").   I thought this story was notable not only because of the extreme disparity in arrests, but also because this took place in a northern city and one in which the new police chief was African-American. 

Of course, two years later, Minneapolis is a key location for the intersection of policing and racial justice due to the needless killing of George Floyd.  But this lengthy local story from another northern city headed by an African-American police chief highlights that stark racial disparity in marijuana enforcement is still often the norm, not the exception  The piece is headlined "In Albany, marijuana arrests fall almost entirely on Black residents," and here are excerpts:

Last year, New York Civil Liberties Union lawyers released a report that showed police in Albany County overwhelmingly arrested minorities for low-level marijuana violations.  At the time, police insisted they did not target minorities and Albany Police Chief Eric Hawkins vowed to examine what was behind the disparity in his city.

But a year later, a Times Union review of Albany police data from July 9, 2019, to July 9, 2020, shows little has changed. The city's police department made arrests or wrote tickets for marijuana-related offenses 134 times, ranging from violation-level tickets to felony-level possession arrests.  According to the department’s data, 97 percent of the time, those arrested or ticketed were Black.  Only four white people were charged with marijuana offenses during the time period despite nationwide evidence that shows Black and white people use marijuana at roughly the same rate.

Hawkins said violent-crime and quality-of-life investigations drive many of the arrests, but his vow to conduct an in-depth investigation of the matter was sidetracked by the department's need to focus on matters connected to the coronavirus pandemic.

The arrests are happening nearly two years after District Attorney David Soares said he would no longer prosecute minor marijuana arrests when it is the only charge a defendant faces.  The data shows that the majority of the arrests were for low-level offenses, either violations or low-level misdemeanors.  Seventy six of the 134 incidents were for unlawful possession of marijuana, a violation.  Twenty-five arrests were for felony amounts of marijuana, which is at least 8 ounces of the drug.

Debora Brown-Johnson, president of the Albany NAACP branch, said the organization had a conversation with the police department about its approach to marijuana cases after the NYCLU study was released last year.  Last week, she said the organization remains concerned and the issue is something Mayor Kathy Sheehan needed to address. “Questions still exist, what’s going on here, is this a targeted group?” she said....

In an interview, Hawkins said a more in-depth examination of the department’s marijuana enforcement had been delayed while the city confronts difficulties with the pandemic but he defended the way his officers enforced the laws around marijuana possession.  Hawkins said all of the felony-level arrests and many of the other citations were connected with police investigations into violent crime or “major” quality-of-life issues related to drug use and sales.  “It’s always concerning when you see that all of the arrests were black males,” said Hawkins, who is Black. “It’s not surprising to me that when we’re concentrating on addressing violent crime … we’re going to pull in some marijuana-related issues.”

In recent months, violence in the city has spiked but there has been no corresponding rise in marijuana arrests.  Since June 13, the department has written one marijuana citation, for a violation-level offense on July 26.  From the department’s data it is difficult to make connections between specific arrests and investigation into major crimes or shootings.  Of the 134 arrests and citations, 117 are related to calls for a crime in progress, according to the data, but the statistics give no indication of what crimes were being committed or investigated.

Hawkins said the areas with more marijuana citations are locations where police are receiving more calls for service, such as West Hill, Arbor Hill and the South End. According to patrol-zone-level data, 30 percent of the marijuana citations and arrests happened in the area bordered by Central Avenue, Judson Avenue and Lark Street, which includes parts of Arbor Hill and West Hill.  It is unclear if the tickets result in any meaningful prosecutions.  Last summer the state decriminalized the possession of less than 2 ounces of marijuana. The maximum penalty is $50 for possessing less than 1 ounce of pot and a maximum of $200 for between 1 and 2 ounces.

After Soares' office said it would no longer prosecute cases where the sole charge was possessing less than 2 ounces of marijuana, the Sheriff’s Department said it would stop writing possession tickets.  The city police department, however, decided to continue to make those arrests.  The department has had conversations about how to handle low-level possession tickets and Hawkins said officers were not out on patrol looking for minor marijuana crimes.  “We’re not stopping young men in the community and writing them minor possession of marijuana tickets, it’s just not happening,” he said. “I’m not seeing that these young men are being targeted but it’s concerning to me that that they are the ones who are impacted by this.”

Though the stark racial disparity in the Albany data on marijuana enforcement is what rightly generates headlines here, the story is also a revealing account for how marijuana enforcement ends up embedded in and connected to other aspects of policing even when states and localities have made significant decriminalization efforts.

August 4, 2020 in Criminal justice developments and reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Sunday, August 2, 2020

Is the COVID pandemic really "eating away at the illicit marijuana market"?

The question in the title of this post is prompted by the headline of this new Politico piece which is fully headlined "The pandemic is eating away at the illicit marijuana market: Legal sales have boomed since March, though it’s hard to say how many customers previously bought from illegal dealers."  Here are excerpts:

The legal marijuana industry has spent years battling illegal sellers who have eaten away at its market share and undercut its prices. But the coronavirus has proven to be a boon for legal pot shops, as customers fear the risks associated with inhaling questionable products and are nervous about letting sellers into their homes.

Legal operations have moved quickly to take advantage of the situation, seizing on relaxed rules to expand shopping options in states across the country, including curbside pickups and deliveries. Also, pandemic-frazzled Americans are simply getting stoned more often.

“It's understandable that people may be more hesitant to get their products from sources that are unregulated,” said Kris Krane, CEO of 4Front Ventures, which operates dispensaries in multiple states. “They may not want to go to their dealer’s house, or they may not want to have their dealer come into their house, at a time when people are social distancing and not supposed to be interacting with people that they don't know.”

In addition, cities that never allowed pot shops in their towns, even in states where marijuana is legal, are rethinking the local bans in search of fresh tax revenue. And more people than ever are registered as medical marijuana patients: Florida added nearly 5,000 patients a week in June, and more than 50,000 since March.

The data is murky — credible sales figures on illegal marijuana transactions are inherently difficult to come by — and it’s likely that those sales are also booming as anxious Americans smoke more weed while hunkered down. But many close industry watchers believe the current circumstances are pushing more Americans into state-legal markets. Revenues are expected to hit $17 billion this year, according to New Frontier Data — a 25 percent spike over 2019.

Mitch Baruchowitz, managing partner at cannabis investment firm Merida Capital Partners, argued in a paper in May that the pandemic is “cannibalizing” the illegal market. He hasn’t seen anything in the ensuing months to change that assessment. “The vast majority of the current growth in the cannabis space is being driven by consumers transitioning from the black market to the legal market,” Baruchowitz wrote.

The boom in sales is driven in large part by new legal markets, particularly the start of recreational sales in Illinois and Michigan. But even some states with relatively mature markets have seen big spikes in sales. In Oregon, for example, monthly revenues jumped from just below $70 million during the first two months of this year to more than $100 million in May and June....

Even with this year’s rapid growth, however, the legal marijuana market is still dwarfed by illegal sales, which New Frontier estimates at $63 billion for this year. Nowhere is the underground weed market a bigger problem than in California, where it’s estimated that 80 percent of marijuana sales are still from illegal sources — and most industry officials are deeply skeptical that the pandemic will significantly alter that reality in the short term....

Michigan faces a similar problem in quashing illegal sales: The vast majority of cities in the state — including Detroit — still don’t allow recreational pot shops to operate. In addition, marijuana cultivation is still ramping up in the state, since full legalization only took effect in December. “Demand, especially in the adult-use market, is still higher than the supply as the production in the industry continues to grow,” said Andrew Brisbo, executive director of Michigan’s Marijuana Regulatory Agency. “That keeps prices still higher than I think they will be in the long term.”

Industry officials are divided on whether the pandemic is eroding the illicit marijuana market, but there’s little doubt that the current economic troubles will push more states to consider legalization. That’s in large part because states' desperation for cash is only going to grow. Even if marijuana taxes would only make a difference at the margins, it undoubtedly will prove enticing to lawmakers.

Some New York lawmakers are pushing this idea, after legalization efforts failed in each of the last two years. They’ll likely face even greater pressure to enact recreational sales if New Jersey voters pass a recreational legalization referendum in November, as expected. Even in deep red states, the idea is likely to get a good look. A Republican lawmaker in Oklahoma has argued the state should look at allowing recreational sales, suggesting it could raise $100 million per year.

August 2, 2020 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (2)

Wednesday, July 29, 2020

New poll suggest Jersey a near lock to legalize marijuana

Download (2)This article from Marijuana Moment, headlined, "Nearly Seven-In-Ten New Jersey Voters Support Marijuana Legalization Ballot Measure, Poll Finds," reports on a notable new poll suggesting that many members of the the Garden State are eager to vote to legalize marijuana.  Here are the details:

A supermajority of New Jersey voters say in a new poll that they support a marijuana legalization referendum that will appear on the November ballot.  The survey, which was conducted by DKC Analytics and released on Tuesday, shows that 68 percent of respondents back the policy change.  That’s a seven percentage point increase compared to a separate poll on the issue released in April.

The survey also shows that voters support allowing social consumption lounges for cannabis, 50 percent to 38 percent.  Most respondents (56 percent) agreed that online ordering and home delivery for marijuana products would be a “good way to provide adults with access.”

Supporters of the legalization initiative were asked to select the reasons they hold that position.  Seventy percent said they feel a regulated system will curb the illicit market, 61 percent said it would generate tax revenue, 61 percent said regulations would ensure safer products, 60 percent said ending criminalization would save taxpayer dollars that would otherwise go to law enforcement, 57 percent said legalization would stimulate the economy and create jobs and 43 percent said cannabis is safer than alcohol....

Another supermajority (68 percent) said people with prior low-level cannabis convictions should be able to have their records expunged.  The same percentage of respondents said that marijuana tax revenue should go toward drug education and awareness programs.

“The polling results confirmed our belief that there is overwhelming support for the creation of a regulated, adult-use cannabis marketplace in New Jersey,” John Fanburg, an attorney at Brach Eichler, which commissioned the survey, said in a press release.  “Respondents supported it because it will create tremendous opportunity. It will create vitally needed new businesses, the state will receive significant tax revenues and illegal sales will be dramatically reduced, if not eliminated.  Voters see this as a win for everyone.”

As has historically been the case, people who identified as Democrats are more likely to support legalization (78 percent), but majorities of Republicans (57 percent) and independents (63 percent) also favor the policy change.

Another interesting finding was that most people who participated in the survey (57 percent) said they do not personally consume cannabis.  The poll involved phone interviews with 500 New Jersey likely voters from July 7-12.  ”The strong level of support for correcting this decades-old inequality, especially in the context of recent protests of inherent bias in law enforcement, should be well noted by our legislators who will be tasked with correcting this unfortunate consequence of the failed policy of prohibition,” Charles Gormally of Brach Eichler said.

July 29, 2020 in Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, July 23, 2020

"Marijuana Legalization and Youth Marijuana, Alcohol, and Cigarette Use and Norms"

DownloadThe title of this post is the title of this new research from multiple authors published this month in the American Journal of Preventive Medicine. Here is its abstract:

Introduction

Rates of adolescent substance use have decreased in recent years.  Knowing whether nonmedical marijuana legalization for adults is linked to increases or slows desirable decreases in marijuana and other drug use or pro-marijuana attitudes among teens is of critical interest to inform policy and promote public health.  This study tests whether nonmedical marijuana legalization predicts a higher likelihood of teen marijuana, alcohol, or cigarette use or lower perceived harm from marijuana use in a longitudinal sample of youth aged 10–20 years.

Methods

Data were drawn from the Seattle Social Development Project–The Intergenerational Project, an accelerated longitudinal study of youth followed both before (2002–2011) and after nonmedical marijuana legalization (2015–2018).  Analyses included 281 youth surveyed up to 10 times and living in a state with nonmedical marijuana legalization between 2015 and 2018 (51% female; 33% white, 17% African American, 10% Asian/Pacific Islander, and 40% mixed race or other).

Results

Multilevel modeling in 2019 showed that nonmedical marijuana legalization predicted a higher likelihood of self-reported past-year marijuana (AOR=6.85, p=0.001) and alcohol use (AOR 3.38, p=0.034) among youth when controlling birth cohort, sex, race, and parent education.  Nonmedical marijuana legalization was not significantly related to past-year cigarette use (AOR=2.43, p=0.279) or low perceived harm from marijuana use (AOR=1.50, p=0.236) across youth aged 10–20 years.

Conclusions

It is important to consider recent broad declines in youth substance use when evaluating the impact of nonmedical marijuana legalization.  States that legalize nonmedical marijuana for adults should increase resources for the prevention of underage marijuana and alcohol use.

July 23, 2020 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Tuesday, July 14, 2020

"The Spillover Effect of Recreational Marijuana Legalization on Crime: Evidence From Neighboring States of Colorado and Washington State"

The title of this post is the title of this new research paper published in the Journal of Drug Issues and authored by Guangzhen Wu, Francis D. Boateng and Xiaodong Lang.  Here is its abstract:

An ongoing debate exists about the implications of recreational marijuana legalization to public safety.  One important public concern is how recreational marijuana legalization may affect crime in neighboring states that have not legalized.  Based on Uniform Crime Report (UCR) data from 2003 to 2017, this study used difference-in-differences (DID) analysis to examine the potential spillover effect of recreational marijuana legalization in Colorado and Washington State, with a special focus on the examination of the changes in the rates of a variety of crimes in the border counties of neighboring states relative to the nonborder counties in these states following Colorado’s and Washington’s legalization.

Results provide some evidence suggesting a spillover crime reduction effect of legalization, as reflected by the significant decreases in the rates of property crime, larceny, and simple assault in the Colorado region that includes six neighboring states.  Results also suggest that the effects of marijuana legalization on crime in neighboring states vary based on crime type and state.

July 14, 2020 in Criminal justice developments and reforms, Recreational Marijuana Data and Research | Permalink | Comments (0)

Monday, July 13, 2020

Interesting accounting of Ohio medical marijuana program circa summer 2020

2133The Dayton Daily News has this interesting new piece on Ohio's medical marijuana program under the headline "$133M of medical pot sold in 1st year as pandemic legitimized industry."  Here are excerpts:

The coronavirus pandemic has wreaked havoc on the state’s economy, but those in the medical marijuana industry say the virus legitimized the fledgling program in Ohio. The medical marijuana program, which is run by the Ohio Board of Pharmacy and the Commerce Department, was fully functional in April 2019. Sales have significantly increased over the past year.

In May of last year, about $2.2 million and about 300 pounds of medical marijuana product was sold in the state of product has been sold, according to data from the Ohio Department of Commerce. Medical marijuana sales in Ohio then jumped from $7.7 million this past February to $12.9 million in March — more than 1,500 pounds, according to the Ohio Department of Commerce. About $10.9 million of medical marijuana product was sold in April.

As of June 14, the most recent data available, a total of $133.9 million and 16,225 pounds of medical marijuana product has been sold since the program started.

The state has collected about $3.8 million in sales tax on the medical marijuana program from July 2019 to March 2020, according to the Ohio Department of Taxation. The state of Ohio’s fiscal year runs from July 1 to June 30.Permissive sales tax collected statewide in that time was $942,673, the Department of Taxation said. Permissive sales tax is collected by local entities, like the county and regional transit authority. The state wouldn’t release county-by-county sales tax data. Larry Pegram is the president of Pure Ohio Wellness.... Dispensaries were deemed essential during the statewide coronavirus shut down issued in March and lasting through May. That was huge for the medical marijuana industry, Pegram said.“That legitimized the whole program,” Pegram said. “This has become more acceptable, people are now seeing it more as an alternative medicine. ”Medical marijuana sales have increased every month the dispensaries have been open, Pegram said. There are now 51 dispensaries operating in Ohio. Six more dispensaries have provisional licenses and are working toward opening in the state.

When the pandemic first started, Pegram said people rushed to get product. But when dispensaries were deemed essential, sales settled down a bit. “It was scary at first, I think for everyone,” Pegram said. “But we realized we needed to stay open for our patients. For some of them, we are their lifeline.”...

More than 109,000 Ohioans are registered medical marijuana patients as of May 31, the most recent data available. In May of last year, 35,162 Ohioans were registered patients. About 7% of those patients are veterans. More than 600 of Ohio’s medical marijuana patients have been diagnosed with a terminal illness. Many Pure Ohio Wellness patients are seniors who use medical marijuana for pain management, Pegram said.

Licensed dispensaries reported about 81,200 unique patients who purchased medical marijuana as of May 31, according to the Ohio Automated Rx Reporting System. In May 2019, about 20,000 unique patients purchased medical marijuana.Ohioans can get a doctor’s order to use medical marijuana if they have one of the qualifying conditions, including chronic pain, Alzheimer’s, cancer, epilepsy, fibromyalgia or HIV/AIDS.Gould said he believes the Ohio Medical Board should add anxiety, autism and opioid withdrawl to the approved list of conditions.

July 13, 2020 in Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Saturday, July 11, 2020

"Why Won’t Democrats Just Come Out for Legalizing Marijuana?"

Joe-biden-marijuanaThe question in the title of this post is the title of this new commentary at The Nation authored by John Nichols. The piece is in the same vein as the one noted here asking why Joe Biden won't embrace legalization.  Here are excerpts:

Some political issues are hard to wrestle with.  Some are easy.  Legalizing marijuana is easy.

A Pew Research Center survey found last fall that Americans back legalization by a 67-32 margin.  The numbers spike among Democrats, 78 percent of whom favor ending this form of prohibition.  But there’s also majority support — 55 percent — among Republicans.  Among voters under age 30, support for legalization is sky-high.

Enthusiasm for legalization extends far beyond the large number of Americans who are recreational users of marijuana to include millions of people who recognize, as does the American Civil Liberties Union, that “Marijuana Legalization Is a Racial Justice Issue.”...

When the [Democratic] party’s task force on criminal justice reform released its policy recommendations this week, legalization was off the agenda.  That was just one example of the caution that permeates the 110-page document submitted to the Democratic National Committee’s platform drafters by the six task forces that were set up in May by presumptive Democratic presidential nominee Joe Biden and his chief rival for the party’s nomination, Vermont Senator Bernie Sanders....

There’s criticism of mass incarceration and a good proposal to restrict federal funding for states that maintain cash bail systems. But there’s no plan to abolish the scandal-plagued Immigration and Customs Enforcement agency or to defund the police with an eye toward establishing new law enforcement models that strive for public safety and justice....

Color of Change senior director of criminal justice campaigns Scott Roberts told Politico that Biden “still seems to embrace kind of a law-and-order lite.” That was certainly the case when it came to upending marijuana laws.

The commission rejected legalization — the popular position backed by Sanders. Instead, it stuck to the more cautious approach that’s been maintained by Biden, a supporter of the drug war during his own Senate years who has softened some but not all of his old positions. Instead of legalization, the commission proposed to “decriminalize marijuana use,” reschedule cannabis on the Controlled Substances Act (CSA), and leave it to the states to decide about legalization.

The National Organization for the Reform of Marijuana Laws concluded that the proposal “is out of step with public opinion [and] would do little to mitigate the failed policy of federal prohibition.”

“It is impractical at best and disingenuous at worst for the Biden campaign to move ahead with these policy proposals. Rescheduling of marijuana under the Controlled Substances Act would continue to make the federal government the primary dictators of cannabis policy, and would do little if anything to address its criminal status under federal law,” explained Erik Altieri, the executive director of the National Organization for the Reform of Marijuana Law.  “Rescheduling marijuana is intellectually dishonest. Just as cannabis does not meet the strict criteria of a Schedule I controlled substance, it similarly does not meet the specific criteria that define substances categorized in schedules II through V.”

Why didn’t the commission simply endorse the Marijuana Justice Act, which has been introduced by New Jersey Democrat Cory Booker in the Senate and House Democrats Barbara Lee and Ro Khanna?  Sanders supports the measure, as do two of Biden’s vice presidential prospects, Warren and Senator Kamala Harris.  The answer is that Biden has a long history of opposing legalization — going so far in his resistance to the idea that, last year, Representative Alexandria Ocasio-Cortez suggested that the former vice president was employing “Reagan-era talking points.”

Prior related post:

Is marijuana reform really a "Superweapon Biden Refuses to Use"?

 

July 11, 2020 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Polling data and results, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, July 8, 2020

"County-Level Differences in Support for Recreational Cannabis on the Ballot"

Cdxa_47_2.coverThe title of this post is the title of this notable new paper in the journal Contemporary Drug Problems authored by Lindsey Beltz, Clayton Mosher and Jennifer Schwartz.  Here is its abstract:

Cannabis is traversing an extraordinary journey from an illicit substance to a legal one, due in part to an unprecedented wave of bottom-up law reform through successful citizen ballot initiatives.  Yet, even in states that have legalized recreational cannabis, there is substantial geographic variability in support of cannabis legalization. Geographic variability in voter support for cannabis legalization is impactful (e.g., county moratoriums/bans) yet poorly understood.

This paper demonstrates the consequences of county-level population demographics, sociopolitical factors, and community differences in experience with criminalization of cannabis possession for understanding county-level variation in support of recreational cannabis law reform on (un)successful ballot measures in California (2010), Colorado (2012), Washington (2012), and Oregon (2014). 

OLS regression analyses of nearly 200 counties indicate that differences in racial and ethnic composition (% Black, Hispanic), political affiliation (% Republican), past criminalization, gender composition, and higher education level of residents all predict county-level variation in support for liberalization of cannabis law.  Stronger Republican political leanings and/or higher percentages of Black or Hispanic residents were associated with reduced support, whereas higher education, male sex composition, and greater past criminalization were associated with increased support for cannabis legalization across counties. Religiosity and rurality were inconsequential as predictors of county-level voting patterns favoring recreational cannabis.  The substantial geographic variability in voter support for cannabis legalization has significant implications for policy implementation and effectiveness.

July 8, 2020 in Initiative reforms in states, Political perspective on reforms, Polling data and results, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)