Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, January 8, 2015

Brookings highlights "Eight Big Things to Watch" concerning marijuana policy in 2015

Via e-mail, I was alerted to this Brookings FixGov blog post by Brookings Fellow John Hudak titled "Marijuana Policy in 2015: Eight Big Things to Watch." The e-mail provided this helpful summary of various points made in the longer posting:

1)    Oregon, Alaska Plan & Prepare for Legal Marijuana: How well each of these state legislatures and alcohol regulatory bodies work together will determine the success or failure of marijuana policy in these states. As it borders Washington, Oregon’s commercial and regulatory choices will be particularly crucial in understanding to what extent states may strive for market advantages vis-à-vis bordering states.

2)    Identifying the Next States to Legalize: 2015 will show which states are serious about ballot initiatives in 2016.  It’s widely expected that California will advance an initiative and Florida might take another swing at approving medical marijuana, after falling just short of approval in 2014.

3)    Cannabis Policy & State Legislative Action: In some states, the battleground for enacting items like the legalization of recreational or medical marijuana is not the ballot box, but the state legislature.

4)    Cannabis & the Courts: Multiple high-profile lawsuits surrounding marijuana policy may play out in 2015.  For instance, Coats v. Dish Network may settle the issue of employer-sponsored marijuana testing and a Supreme Court case involving Nebraska and Oklahoma’s suing of Colorado over legalizing marijuana will indicate the willingness of federal courts to engage in this policy area.

5)    Answers to Questions About D.C.’s Marijuana Policy:  Clarity about the future of marijuana policy in Washington, D.C. will almost surely be left to the federal courts, particularly if there is congressional inaction on Initiative 71.

6)    Colorado & Washington (& Uruguay) Continue Legalization: InColorado, edibles, product testing, and homegrows will be on the agenda.  The policy challenge Washington faces is that legal weed could be too costly to lure consumers from the black market.  On the international front, Uruguay works hard to ready a bureaucracy and a consumer base for the experiment.

7)    Data, Data, Data: One key takeaway for policy advocates, both supporters and opponents, will be to patiently wait to draw conclusions as the data are currently incomplete and imperfect.  2015 will offer steady flows of data from Colorado and Washington, and eventually other states.

8)    Presidential Candidates & Cannabis: Marijuana policy will definitely be part of the 2016 conversation in a way that it has not in previous presidential campaigns. And the issue will be particularly interesting to watch as it does not fall neatly along party lines.

I think points 7 and 8 are the most interesting, dynamic and unpredictable stories to watch from among this list. I would also add to the list...

9) Political Party leaders and Pot Policy:  Key leaders of both parties inside and outside the Beltway have, to date, said relatively little about marijuana reform. Cautious "establishment" politicians --- ranging from Prez Obama to Hillary Clinton to Jerry Brown on the D side and from Mitch McConnell to John Boehner to Mitt Romney on the GOP side --- will only be able to dodge the new terms of the modern policy debate for so long.

https://lawprofessors.typepad.com/marijuana_law/2015/01/brookings-highlights-eight-big-things-to-watch-concerning-marijuana-policy-in-2015-.html

Current Affairs, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Who decides | Permalink

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