Tuesday, July 31, 2018
Constitutional Court in the country of Georgia holds marijuana consumption is protected by the right to free personality
Though I am surely losing something in the translation of Georgian web pages here and here, I am still sure a ruling by Georgia's Constitutional Court this week is a big deal. This press report, headlined "Georgian Court Abolishes Fines For Marijuana Consumption," provides these details:
Georgia's Constitutional Court has abolished administrative punishments for the consumption of marijuana, making the Caucasus country the first former Soviet republic to legalize usage of the drug.
The ruling by four senior court judges on July 30 concerns only the consumption of cannabis, while cultivation and selling remain a crime, the court said in its ruling. It added that punishing a person for consuming cannabis would comply with the constitution only if consumption put a third party at risk.
"According to the applicants [Zurab Japaridze and Vakhtang Megrelishvili], the consumption of marijuana is not an act of social threat. In particular, it can only harm the user's health, making that user him/herself responsible for the outcome. The responsibility for such actions does not cause dangerous consequences for the public," the court said.
"The Constitutional Court highlights the imposition of responsibility of marijuana consumption when it creates a threat to third parties. For instance, the court will justify responsibility when marijuana is consumed in educational institutions, public places, such as on public transport, and in the presence of children,” it added....
Japaridze told reporters the ruling was a victory for a freer Georgia. "This wasn't a fight for cannabis. This was a fight for freedom," he said.
In late November, the Constitutional Court decriminalized use of marijuana or other forms of cannabis-based drugs but preserved administrative punishment, such as a fine, for marijuana use. Before that, Georgia's Criminal Code defined repetitive use of marijuana and possession of more than 70 grams of dried cannabis as a crime for which individuals could face punishment that does not include imprisonment.
It is striking and somewhat telling that now a former Soviet satellite republic that still shares a border with Russia now has more progressive protections for fee use of marijuana than does the US of A. One might hope that those who preach freedom in the US would take a lesson from this ruling, but I suspect that few know for sure where Georgia is on the map and fewer still will know it now constitutionally protects the freedom to consume marijuana more than does the US government or its federal courts.
Noting the enduring challenges for sports leagues with state marijuana reforms in tension with federal prohibition
Regular readers know that I find fascinating the intersections between sports and marijuana reform, but I have not blogged on the subject much lately. This new article, headlined "Leagues being pushed to allow medical marijuana use for pain management," gives me an excuse to return to this topic. Here are excerpts:
Between legalization in states with multiple professional sports franchises (like California), and increasing numbers of studies showing marijuana to be largely benign (and perhaps even beneficial) in comparison to opiates, the tide of public opinion continues to turn. And for now, certain pro sports leagues are getting around the federal prohibition by essentially embracing a wink-and-nod policy.
The National Hockey League doesn’t list cannabis as a banned substance and doesn’t appear to care much about positive cannabis tests. Major League Baseball lists cannabis as a “drug of abuse,” but only tests if there is reasonable cause (and page 40 of the league’s drug policy specifically states that they don’t issue suspensions for a positive test for marijuana) — though, oddly enough, Minor League Baseball does still test and suspend athletes for marijuana use. In addition, the World Anti-Doping Agency, which oversees Olympic policy, has also loosened its standards on what constitutes a positive test, allowing up to 150 nanograms per milliliter (ng/ml) of blood—which essentially means you’d need to be actively high in order to test positive.
But in the NBA and NFL — two leagues in which former players have estimated that more than 80 percent of their peers used marijuana during their careers—there remains a punitive cost. The NFL’s threshold for a positive test is 35 ng/ml; the NBA’s is 15 ng/ml. Repeated infractions, in both leagues, can result in a suspension.
In large part, the NBA’s policy is based on perception: Former commissioner David Stern, in an interview with ex-NBA player and marijuana advocate Al Harrington, said that the league tightened its rules, in part, because “some of our players came to us and said some of these guys are high coming into the game,” and because of the long-held theory (now largely debunked) that marijuana is a gateway drug to harder substances. Stern now believes the league’s collective bargaining agreement should be altered so that players should be allowed to do whatever is legal in their individual state. His successor as commissioner, Adam Silver, has embraced some of the most progressive policies of any major sports league, and has said that he’s open to legalizing medical marijuana (though how that would work in states where marijuana remains illegal is unclear).
And that leaves the NFL, whose players — given the inherently violent nature of their sport — may have the best case of all for embracing medical marijuana. Yet while the NFL has said it’s open to working with its players association on a study of marijuana, it has continued to suspend a number of players for positive drug tests. In a 2017 radio interview, NFL commissioner Roger Goodell expressed concerns that marijuana use “can be negative to the health of our players.” In a way, this isn’t surprising, given the NFL’s overarching cautiousness when it comes to both political and social issues. But that policy will face continued challenges from ex-NFL players like [Eugene] Monroe, who point to mounting evidence that cannabis is a safer alternative to the opiates they took regularly in order to sustain their careers.
Monday, July 30, 2018
The question in the title of this post is the headline of this new Hill piece authored by Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws. Here are excerpts from his accouting:
Nine states — Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington — have legalized the adult possession and use of marijuana. In the coming months, some or all of these states will likely be joining them.
Voters this November will decide the fate of the Michigan Regulation and Taxation of Marihuana Act. If passed, the voter-initiated measure will permit those over the age of 21 to grow and possess personal use quantities of cannabis and related concentrates, while also licensing activities related to commercial marijuana production and retail marijuana sales....
Democrat Gov. Phil Murphy campaigned on a promise to legalize marijuana use and sales in the Garden State — a pledge he reiterated in his 2019 budget address when he stated, “[T]he only sensible option is the careful legalization, regulation, and taxation of marijuana sales to adults. … [F]rom the standpoint of social justice, and from the standpoint of protecting our kids and lifting up our communities, I could not arrive at any other conclusion."...
Proponents of a statewide ballot initiative to legalize the adult use of marijuana in North Dakota recently turned in over 19,000 signatures to the Secretary of State's office in an effort to place a measure before voters this November. State officials must certify 13,452 of those signatures in order to qualify the measure for the 2018 electoral ballot.... In 2016, nearly two-thirds of state voters approved a ballot measure regulating medical cannabis access. However, state officials have yet to make the program operational. Activists have acknowledged that regulators' failure to swiftly implement the 2016 measure was the impetus for the 2018 campaign.
Ongoing legislative efforts to reform the Empire State’s marijuana laws received a significant boost this month when a state-commissioned study issued by the New York Department of Health called for the plant’s legalization....
Sooner State voters in June approved one of the nation’s most liberal medical cannabis access laws, and they may have the opportunity to enact even broader reforms this fall. Days away from an August 8th deadline, local activists are estimated to be just a few thousand signatures shy of meeting statewide requirements to place an adult use legalization measure on the November ballot.
Sixty-one percent of Delaware voters believe cannabis ought to be legal for those over the age of 21. And a majority of state representatives agree with them. In June, a majority of House lawmakers voted in favor of legislation to legalize marijuana use and retail sales. However, because the legislation imposed new taxes and fees, state rules required it to receive super-majority support. Lawmakers are anticipated to take up similar legislation again next year.
As I see it, full legalization is only likely in Michigan this year, though it is possible the New Jersey legislature will get this done before too long. If New Jersey does enact full legalization, that would increase the odds of neighboring New York and Delaware moving forward with legalization. But the odds still seem long to me for lots more full legalization states until the 2020 cycle. That major election year I expect we could see full legalization votes in at least a half dozen states, including big ones like Arizona, Florida and Ohio
July 30, 2018 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
This local Florida article, headlined "Marijuana booming as state nears 2-year mark," reports on (unsurprising?) medical marijuana realities in the Sunshine State. Here are highlights from the lengthy piece:
More than 100,000 Floridians now can legally take marijuana for medicinal purposes. This milestone, reached in April, is one of many signs that Florida’s young marijuana industry is booming as the state approaches the two-year anniversary of voters legalizing medical pot.
But issues remain: Some patients complain that the Florida Department of Health’s rules create unfair barriers for patients. They can’t smoke their marijuana or grow their own, for example. They also gripe about the patient approval process and the cost of medication. Companies eager to jump into the marijuana business are waiting for the state to issue additional licenses required by law upon passing the 100,000-patient mark....
In November 2016, 71 percent of Florida’s voters gave the green light to medical marijuana. The state still is issuing guidelines and battling lawsuits over how that should be done. But the direction is clear. Already, analysts are projecting a $1 billion medical marijuana market in Florida by 2020.
Fourteen companies have received licenses from the state. They’ve opened 43 dispensaries statewide, including offices in Summerfield and Lady Lake, to serve the growing number of approved patients, which has more than doubled since the start of the year. The coveted licenses are drawing attention from established marijuana businesses. In June, California-based MedMen paid $53 million to acquire the cultivation and distribution rights from Treadwell Nursery in Eustis....
[T]he process to become a qualifying doctor [initially meant] doctors were required to pay $1,000 for an eight-hour course. That requirement has since decreased to a two-hour course costing $250. More than 1,500 physicians now are able to recommend marijuana to patients, including more than 40 in Sumter, Lake and Marion counties.
Miami-Dade and Palm Beach counties have the most registered physicians, with more than 200 each. Demand for doctors persists, with 1,500 to 3,500 patients joining the registry every week....
Even as more and more people line up for treatment, criticism of the program continues. Companies and advocates of Amendment 2, which authorized medical marijuana, are challenging some of the rules laid out by the Department of Health. Attorney John Morgan sued the department over its rule banning smokeable cannabis, arguing it goes against the will of the voters who approved the amendment. Vaping is allowed. Tallahassee Circuit Judge Karen Gievers sided with Morgan, saying the restriction was unconstitutional. The state immediately appealed the decision, and Morgan tried to get the Florida Supreme Court to consider the case. He now is focusing on legalizing recreational use.
Morgan criticized Gov. Rick Scott, who had opposed the broad legalization of medical marijuana, for allowing the smoking ban. Scott defended following the law as it is written. He is not alone in voicing smoking opposition. The American Society of Addiction Medicine rejects smoking as a means of drug delivery for medical purposes. The American Cancer Society Cancer Action Network, the ACS’s advocacy group, has not taken a position on legalization of marijuana for medical purposes, citing a need for more scientific research on marijuana’s potential benefits and harms.
The title of this post is the headline of this intriguing new Daily Beast commentary authored by Jeff Hauser. I recommend the whole piece, and here are extended excerpts:
What if I were to tell you that there is a political issue that galvanizes young voters? An issue that unites libertarians, independents, and African-Americans? An issue with bipartisan power, that works not only in cities, but has demonstrated strength in red states like Kentucky and West Virginia?
It’s an issue likely to generate cases to be heard by the Supreme Court in the next decade and one on which the Trump administration’s leading law enforcement official — Attorney General Jeff Sessions — is already on the losing side politically.
Given all that, you would think this issue would be a central part of the Democratic Party’s campaign against Brett Kavanaugh’s nomination for the Supreme Court. You would think wavering Democrats and shaky Republican senators would be targeted on the basis of the threat Kavanaugh poses on this issue. But because the progressive movement sometimes makes political basics look liking trying to solve Fermat's Last Theorem, you would be wrong.
The issue I speak of is marijuana. And it is likely to be a source of many complicated legal disputes in the coming decade, disputes that will be of increasing salience to American voters and, by turn, the Supreme Court.
In fact, the Supreme Court has already had to deal with some marijuana-related matters. Just a few years ago, it was asked to weigh in on Colorado’s decision to legalize marijuana. Nebraska and Oklahoma argued Colorado’s law was preempted by the federal Controlled Substances Act, and that the court should enjoin Colorado from implementing its law. Nebraska and Oklahoma complained that Colorado’s decision to legalize marijuana “undermin[ed] their own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems.”
On presumably technical grounds, six members of the Court declined to hear the lawsuit, but without prejudice (meaning there was no implication those Justices disagreed on the merits and the states could pursue their theory in the lower courts). Justice Clarence Thomas, joined by Justice Samuel Alito, dissented from the decision to not hear the case not only on technical grounds, but also by noting that Nebraska and Oklahoma have alleged “significant harms to their sovereign interests caused by another State.” They stated that those allegations were significant enough to warrant the Court’s attention.
That decision was back in 2016. How will Justice Neil Gorsuch (typically an ally of Thomas and Alito) feel when this question comes back to the Court now, as it likely will? How would a Justice Kavanaugh, who most well-informed observers believe is essentially Gorsuch 2.0, feel about it? Would Chief Justice John Roberts feel differently about it with a social-issues moderate like Justice Anthony Kennedy no longer on the Court?
These are important questions, affecting a massive and growing industry that a growing portion of the population supports. And yet, they’ve been completely unasked during this current debate about the future composition of the Court....
It’s impossible, of course, to say for sure whether other questions surrounding marijuana legalization will come to the Court, or in what form. But it appears likely. Even the intersection of banking law and drug policy is a messy thicket right now. America’s slow burning experiment with marijuana reform raises many as yet unclarified legal issues.
And that’s why those who are interested in marijuana legalization should also want to know what Judge Brett Kavanaugh thinks about the host of legal questions that might ultimately decide its future.
As a political matter, there are few better cards for the Democratic Party to play. According to Gallup, support for legalization has "risen from 12 percent in 1969 to 31 percent in 2000 to 64 percent in 2017." Several other surveys reveal similar increases. An April 2018 Quinnipiac poll shows support for marijuana legalization not only strong among Democrats (75 percent) but Independents as well (67 percent), and even 41 percent of Republicans.
Support remains strongest among millennials — a group that commentators have noted is crucial to Democrats’ performance in this November’s midterm elections — but it has also risen rapidly among all age groups and places. This past June, Oklahoma — Oklahoma! — voted to legalize marijuana.
In an environment in which marijuana is salient to the Supreme Court and many voters, the fact that marijuana is not part of the effort to secure red and purple state Senate votes against Kavanaugh is a little perplexing.
Not least because it has already proven to be a topic that can compel lawmakers to act. Senators with “the federalist position” on-marijuana includes progressives like Senators Cory Booker and Kirsten Gillibrand but also Republicans “Rand Paul, Lisa Murkowski, and Mike Lee.”
But no Senator better reflects the potential of the marijuana issue as a wedge than Colorado’s Cory Gardner. Just last month, Gardner and Sen. Elizabeth Warren (D-MA) released a marijuana legislation reform bill to “give states the right to determine the best approach to marijuana within their borders.” And for three months this winter, Gardner held up all Justice Department nominees in an effort to force Attorney General Sessions to agree to leave Colorado’s marijuana industry alone.
That display of spine was about as much as any Republican Senator has shown in attempting to restrain the Trump Administration to date. But it also made sense. Being viewed as a fighter for Colorado's right to legalize marijuana is likely pivotal to Gardner's political survival. In 2014, Gardner won his seat in a GOP wave by a mere 2 points. In 2020, he will be facing an uphill battle since he holds the single most pro-Hillary Clinton seat of any Republican in the U.S. Senate....
Marijuana is not a staple of Supreme Court fights. The issue advocacy groups that focus on marijuana do not typically focus on the Supreme Court. And Cory Gardner is not a typical target for Democrats. But “typical” isn’t good enough. It is sadly clear that if progressive groups and Democrats rely exclusively on raising the same issues they raised in the Gorsuch “fight” in 2017, Kavanaugh will be confirmed easily.
Marijuana reform is one of the most important new political issues of this era and it’s about time Democrats and progressives take it seriously.
I do not think questions about marijuana will lead to "beating" Supreme Court nominee Brett Kavanaugh, but I do think it quite sound to urge Senators to ask Judge Kavanaugh about the range of federalism and personal freedom issues that surround modern marijuana reform. In this post upon Justice Anthony Kennedy announcing his retirement, I asked "With Justice Kennedy now retiring and precedents being reversed, is it time for marijuana advocates to urge SCOTUS to reconsider Raich?". Asking questions about Raich could be one of a number of ways to probe Judge Kavanaugh's views on these important topics.
Thursday, July 26, 2018
The pro-marijuana reform website Marijuana Moment continues to provide effective coverage of all sorts of marijuana news and stories, and recently the site has spotlighted a lot of interesting new research results in these pieces:
Wednesday, July 25, 2018
Disconcerting disconnect between Trumpian rhetoric and health care realities for veterans when medical marijuana involved
Prez Donald Trump yesterday gave a big speech to the VFW, Veterans of Foreign Wars, and he extolled his commitment to ensuring veterans receive first-rate health care: "We’re also committed to ensuring that when our warriors return home as veterans, they receive the best care anywhere on Earth." Unfortunately, as this new New York Times highlights, this rhetoric does not meet reality in at least one notable setting. The lengthy article is headlined "V.A. Shuns Medical Marijuana, Leaving Vets to Improvise," and here are excerpts:
Some of the local growers along the [California] coast here see it as an act of medical compassion: Donating part of their crop of high-potency medical marijuana to ailing veterans, who line up by the dozens each month in the echoing auditorium of the city’s old veterans’ hall to get a ticket they can exchange for a free bag.
One Vietnam veteran in the line said he was using marijuana-infused oil to treat pancreatic cancer. Another said that smoking cannabis eased the pain from a recent hip replacement better than prescription pills did. Several said that a few puffs temper the anxiety and nightmares of post-traumatic stress disorder. “I never touched the stuff in Vietnam,” said William Horne, 76, a retired firefighter. “It was only a few years ago I realized how useful it could be.”
The monthly giveaway bags often contain marijuana lotions, pills, candies and hemp oils, as well as potent strains of smokable flower with names like Combat Cookies and Kosher Kush. But the veterans do not get any medical guidance on which product might help with which ailment, how much to use, or how marijuana might interact with other medications.
Ordinarily, their first stop for advice like that would be the Department of Veterans Affairs health system, with its thousands of doctors and hundreds of hospitals and clinics across the country dedicated to caring for veterans. But the department has largely said no to medical marijuana, citing federal law. It won’t recommend cannabis products for patients, and for the most part it has declined even to study their potential benefits. That puts the department out of step with most of the country, where at least 30 states now have laws that allow the use of medical marijuana in some form.
A department survey suggests that nearly a million veterans may be using medical marijuana anyway. But doctors in the veterans’ health system say the department’s lack of research has left them without much good advice to give veterans. “We have a disconnect in care,” said Marcel Bonn-Miller, a psychologist who worked for years at the veterans’ hospital in Palo Alto, Calif., and now teaches at the University of Pennsylvania medical school. “The V.A. has funded lots of marijuana studies, but not of therapeutic potential. All the work has been related to problems of use.”...
A bipartisan bill introduced in the House of Representatives this spring would order the department to study the safety and efficacy of marijuana for treating chronic pain and PTSD. If the bill passes, the department could not only develop expertise about a drug that many veterans have turned to on their own — it may also start down the road toward eventually allowing its doctors and clinics to prescribe cannabis.
“I talk to so many vets who claim they get benefits, but we need research,” said Representative Tim Walz, Democrat of Minnesota, who introduced the bill along with Phil Roe, Republican of Tennessee, who is a physician. “You may be a big advocate of medical marijuana, you may feel it has no value,” Mr. Walz said. “Either way, you should want the evidence to prove it, and there is no better system to do that research than the V.A.”
A spokesman for the Department of Veterans Affairs said Congress would need to do more than pass the current House bill. The spokesman, Curt Cashour, said that because cannabis is classified as a Schedule 1 drug under federal law, researchers would need to secure approval from five separate agencies to conduct studies. “The opportunities for V.A. to conduct marijuana research are limited because of the restrictions imposed by federal law,” Mr. Cashour said. “If Congress wants to facilitate more federal research into Schedule 1 controlled substances such as marijuana, it can always choose to eliminate these restrictions.”
The department does have two small studies in their early stages. One, in San Diego, looks at whether cannabidiol, a nonintoxicating component of cannabis, can help patients during PTSD therapy; it is scheduled to continue through 2023. The other, planned for South Carolina, would examine the palliative effects of cannabis in hospice patients. “In a system as big as ours, that’s not much, certainly not enough,” said Dr. David J. Shulkin, who was President Trump’s first secretary of veterans affairs before being fired in March.
During his tenure as secretary, Dr. Shulkin eased some rules, allowing the department’s doctors to start talking to veterans about medical marijuana. But many veterans faulted him for not going further. Dr. Shulkin said that the tangle of red tape surrounding Schedule 1 drug studies should no longer be an excuse not to conduct them. “We have an opioid crisis, a mental health crisis, and we have limited options with how to address them, so we should be looking at everything possible,” he said.
The push for more research and for access to medical marijuana in the veterans’ health system is not coming just from liberal areas of California. The generally conservative American Legion and Veterans of Foreign Wars both favor expanded research. And some of the most vocal advocates are products of the nation’s strict military academies. “Cannabis is the safe, responsible choice,” said Nick Etten, an Annapolis graduate and former Navy SEAL who runs an advocacy group called the Veterans Cannabis Project. “It helps with the Big Three we struggle with after combat — pain, sleep and anxiety — and it is safer than many medications.”
Lots of recent prior related posts:
- "PTSD & Pot: Veterans making Memorial Day push for legal marijuana"
- Lots of headlines (and prior posts) about veterans having access to medical marijuana ... but work remains in Trump era
- New American Legion survey documents strong support among veteran households for medical marijuana
- "As Trump wages war on legal marijuana, military veterans side with pot"
- "More and More US Veterans are Smoking Weed to Treat Their PTSD"
- Examining pot's potential for treatment of veterans' PTSD problems
- Will Prez-Elect Donald Trump make it legal and easier for veterans to have access to medical marijuana?
- American Legion urges federal government to reschedule marijuana
- Veterans group gets attention when urging Trump team to seek to reschedule marijuana
- American Legion, the largest US vets' organization, pressing Trump Administration on medical marijuana reform
- "Study: Can marijuana improve PTSD symptoms for veterans?"
- "Make Pot Legal for Veterans With Traumatic Brain Injury"
- Interesting look at veterans getting involved in the marijuana industry
- Head of Veterans Affairs acknowledges marijuana may be "helpful" to veterans
It should not be surprising to see a significant drop in felony marijuana prosecutions after a jurisdiction legalizes the drug. But this new local article reporting on data from Washington highlights how dramatic the drop has been in one state. The article is headlined "After Legalization, A Nearly 90 Percent Drop In Marijuana Felony Convictions," and here are excerpts (with a few sentences emphasized):
The legalization of recreational marijuana in Washington state in 2012 resulted in a dramatic decrease in the number of people sentenced for marijuana-related felonies, according to an analysis conducted for public radio by the Washington State Caseload Forecast Council.
Between June 2008 and December 2009, the analysis showed, there were 1,312 offenses committed that resulted in felony sentences for the manufacture, delivery or possession with the intent to deliver marijuana. By contrast, during an 18 month period following the opening of recreational marijuana stores in 2014, there were just 147 marijuana-related crimes that resulted in felony level sentences--a nearly 90 percent decrease....
The sharp drop in felony-level marijuana sentences in Washington is not a surprise to Tom McBride, the executive director of the Washington Association of Prosecuting Attorneys. In an email, McBride said a decline in prosecutions was "expected" and "desired" by the public. He added that legalization had also made it more difficult to establish probable cause in delivery to minors or black market marijuana-related cases "because presence, odor, etc of marijuana can be legal or not."
Steve Strachan, executive director of the Washington Association of Sheriffs and Police Chiefs, also said the reduction in prosecutions was to be expected. But he added that a de-emphasis on marijuana enforcement, in part because of the rise in heroin and fentanyl cases, was resulting in more black market marijuana grows with ties to organized crime. “We need to direct more resources to the illicit [marijuana] grows that we are seeing across the state,” Strachan said in an email.
Of the 1,312 felony marijuana sentences that stemmed from offenses committed between June 2008 and December 2009, the vast majority, 1,217, were for first-time offenses, 76 were for subsequent offenses, 17 were for marijuana-related felonies in a school zone and two were for delivery or possession in a correctional facility.
By contrast, between December 2014 and June 2016, after marijuana stores opened, the number of marijuana crimes resulting in felony sentences for a first offense dropped to 145, there were no sentences for subsequent offenses or for selling marijuana in a school zone, and just one felony sentence related to marijuana in a correctional facility.
The Caseload Forecast Council, which helps the state plan for growth in entitlements, picked those particular date ranges to account for several factors including: the time lapse between the date of an offense and the date of the sentencing, and the length of time between when I-502 passed and the start of retail sales.
Data showing sentences for misdemeanor level marijuana crimes was not immediately available.
I think it especially notable that this data reveals how many first offenders were being brought into the criminal justice system prior to marijuana reform for felony offenses. But I would love to also see (a) what kinds of sentences felony offenders were getting both before and after legalization, as well as (b) prosecutions and sentences for misdemeanor marijuana offenses both before and after legalization. These felony data provides one snapshot of how marijuana reform impacts the criminal justice footprint of one part of the war on drugs, but a lot more data (and time) is needed to fully take stock of what a difference legalization laws can make.
Tuesday, July 24, 2018
New Jersey AG calls for municipal prosecutors to halt marijuana prosecutions amidst work on statewide enforcement policies
As reported in this local article, "New Jersey's attorney general has announced an immediate adjournment of all marijuana cases in municipal courts statewide until at least September." Here is the context:
The decision was included in a letter state Attorney General Gurbir Grewal sent Tuesday to municipal prosecutors in the state. It asked them to seek an adjournment until September 4 — or later — of any matter "involving a marijuana-related offense pending in municipal court," a move that will allow the attorney general's office time to develop "appropriate guidance" for prosecutors.
Grewal said he plans to convene a working group of criminal justice stakeholders to study the issue and advise him on possible solutions. He intends to issue a statewide directive by the end of next month concerning the scope and "appropriate use of prosecutorial discretion" in marijuana-related offenses in municipal court....
[This letter] came just days after Jake Hudnut, the newly installed municipal prosecutor in Jersey City, announced that his office would seek to downgrade some marijuana charges to noncriminal offenses, seek the outright dismissal of low-level marijuana charges and divert those defendants with prior drug arrests and signs of addiction to the city's community court.
The attorney general's office quickly notified Hudnut that he lacked the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute marijuana-related offenses, noting that only the state Legislature could take such action.
Tom Angell reports here at Forbes on the introduction of a new piece of federal legislation that I consider long overdue. Here are the details:
The Marijuana Data Collection Act, introduced on Tuesday by Rep. Tulsi Gabbard (D-HI) and a bipartisan group of cosponsors, would direct the Department of Health and Human Services to partner with other federal and state government agencies to study "the effects of State legalized marijuana programs on the economy, public health, criminal justice and employment."...
If the legislation is enacted, the National Academy of Sciences would carry out the research and publish initial findings within 18 months, with follow-up reports to be issued every two years after that.
So far, the bill's backers seem to consist solely of those who support marijuana law reform, a situation that legalization advocates decried. “This is not a marijuana bill, it is an information bill," Justin Strekal, political director for NORML, said in an interview. "No member of Congress can intellectually justify opposition to this legislation. Our public policy needs to be based on sound data and science, not gut feelings or fear-mongering. Approving the Marijuana Data Collection Act would provide legislators with reliable and fact-based information to help them decide what direction is most beneficial to society when it comes to marijuana policy.”...
Gabbard held a Tuesday morning press conference with other supporters, including lead GOP cosponsor Rep. Carlos Curbelo (R-FL) and former U.S. Attorneys Barry Grissom of Kansas and Bill Nettles of South Carolina. Other original cosponsors of the bill include Reps. Don Young (R-AK), Darren Soto (D-FL), Beto O’Rourke (D-TX), Earl Blumenauer (D-OR), Dana Rohrabacher (R-CA), Matt Gaetz (R-FL), Peter DeFazio (D-OR), Eleanor Holmes Norton (D-DC), Dina Titus (D-NV), Charlie Crist (D-FL), Tom Garrett (R-VA), Lou Correa (D-CA), Barbara Lee (D-CA), Mark Pocan (D-WI) and Salud Carbajal (D-CA).
Here are the specific data points the bill directs federal officials to track:
REVENUES AND STATE ALLOCATIONS
The monetary amounts generated through revenues, taxes, and any other financial benefits. The purposes and relative amounts for which these funds were used. The total impact on the State and its budget.
MEDICINAL USE OF MARIJUANA
The rates of medicinal use among different population groups, including children, the elderly, veterans, and individuals with disabilities. The purpose of such use. Which medical conditions medical marijuana is most frequently purchased and used for.
The rates of overdoses with opioids and other painkillers. The rates of admission in health care facilities, emergency rooms, and volunteer treatment facilities related to overdoses with opioids and other painkillers. The rates of opioid-related and other painkiller-related crimes to one’s self and to the community. The rates of opioid prescriptions and other pain killers.
IMPACTS ON CRIMINAL JUSTICE
The rates of marijuana-related arrests for possession, cultivation, and distribution, and of these arrests, the percentages that involved a secondary charge unrelated to marijuana possession, cultivation, or distribution, including the rates of such arrests on the Federal level, including the number of Federal prisoners so arrested, disaggregated by sex, age, race, and ethnicity of the prisoners; and the rates of such arrests on the State level, including the number of State prisoners so arrested, disaggregated by sex, age, race, and ethnicity. The rates of arrests and citations on the Federal and State levels related to teenage use of marijuana. The rates of arrests on the Federal and State levels for unlawful driving under the influence of a substance, and the rates of such arrests involving marijuana. The rates of marijuana-related prosecutions, court filings, and imprisonments. The total monetary amounts expended for marijuana-related enforcement, arrests, court filings and proceedings, and imprisonment before and after legalization, including Federal expenditures disaggregated according to whether the laws being enforced were Federal or State. The total number and rate of defendants in Federal criminal prosecutions asserting as a defense that their conduct was in compliance with applicable State law legalizing marijuana usage, and the effects of such assertions.
The amount of jobs created in each State, differentiating between direct and indirect employment. The amount of jobs expected to be created in the next 5 years, and in the next 10 years, as a result of the State’s marijuana industry.
Because I cannot yet find the full text of the bill on-line, I cannot yet provide a full informed opinion on its particulars. I can say that I think a big, data-focused federal study of the impact of state marijuana reform is looooooooong overdue. I was hopeful, but not optimistic, that Prez Obama might see the wisdom and political value of pushing for this kind of study effort after the issuance of the 2013 Cole Memo and after the 2014 election brought more states and DC into the recreational marijuana column. But, sadly, we have been left largely with national number crunching by partisan advocates rather than government bean-counters for now two decades of ever-more-robust state-level reforms.
Based on Tom's description of the "Marijuana Data Collection Act," I am a bit concerned that there are not provisions likely to encourage pot prohibitionists to be supportive of this particular study effort. The folks at SAM are often eager to stress data on black markets, increased use of marijuana by workers, increased hospital visits, increased homelessness, increased drugged driving, increased use by youths and young adults, environmental impacts, and all sorts of other concerns (see, e.g., this SAM "lessons learned" report from March 2018). It is unclear if these kinds of potentially negative data are fundamental parts of the inquiry imagined by Marijuana Data Collection Act. If not, I doubt opponents of marijuana reform will want to sign on to this bill.
That said, even if the current version of the "Marijuana Data Collection Act" is in someway incomplete or one-sided, I hope a lot of folks on all sides of the marijuana reform debate will be inclined to try to make the bill better and get it passed. I sincerely hope nobody disagrees with the notion that sound data and science is needed in this arena, and I sense both sides of the debate sincerely believe that the data, if fairly collected, will be on their side. So maybe all can come together to really work toward trying to have all the data fairly collected (though I am not holding my breath).
July 24, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Data and Research, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)
Monday, July 23, 2018
The title of this post is the title of this new research appearing in the Annals of Internal Medicine. Here is its abstract:
Background: Despite insufficient evidence regarding its risks and benefits, marijuana is increasingly available and aggressively marketed to the public.
Objective: To understand the public's views on the risks and benefits of marijuana use.
Design: Probability-based online survey.
Setting: United States, 2017.
Participants: 16,280 U.S. adults.
Measurements: Proportion of U.S. adults who agreed with a statement.
The response rate was 55.3% (n = 9003). Approximately 14.6% of U.S. adults reported using marijuana in the past year.
About 81% of U.S. adults believe marijuana has at least 1 benefit, whereas 17% believe it has no benefit. The most common benefit cited was pain management (66%), followed by treatment of diseases, such as epilepsy and multiple sclerosis (48%), and relief from anxiety, stress, and depression (47%).
About 91% of U.S. adults believe marijuana has at least 1 risk, whereas 9% believe it has no risks. The most common risk identified by the public was legal problems (51.8%), followed by addiction (50%) and impaired memory (42%).
Among U.S. adults, 29.2% agree that smoking marijuana prevents health problems. About 18% believe exposure to secondhand marijuana smoke is somewhat or completely safe for adults, whereas 7.6% indicated that it is somewhat or completely safe for children. Of the respondents, 7.3% agree that marijuana use is somewhat or completely safe during pregnancy. About 22.4% of U.S. adults believe that marijuana is not at all addictive.
Limitation: Wording of the questions may have affected interpretation.
Conclusion: Americans' view of marijuana use is more favorable than existing evidence supports.
Late last week the Auditor General of Pennsylvania released this notable report on “Regulating and Taxing Marijuana” that reads a bit more like an advocacy group's document than something that would emerge from a state government office. But, as this press release about the report reveals, the Auditor General of PA seems real eager to have access to a new revenue source:
Auditor General Eugene DePasquale today said Pennsylvania is missing out on $581 million per year in revenue by not regulating and taxing marijuana — money that could fund critical initiatives that affect Pennsylvanians’ lives. “Repeated polls have shown that a majority of Americans now believe marijuana should be legalized. In Pennsylvania, it’s 56 percent,” DePasquale said during a news conference with Pittsburgh Mayor William Peduto.
“Today, I’m releasing a special report that shows the staggering amount the state could reap in tax revenue if legislators simply did what their constituents want them to do: regulate and tax marijuana for adult use.”
The 14-page special report, “Regulating and Taxing Marijuana,” compiles national research data, which show that an average of 8.38 percent of the commonwealth’s adults (21 and older) currently use marijuana at least monthly — a total of 798,556 adults. In Colorado and Washington, where marijuana has been legal since 2012, adult users spend an average of $2,080 annually. If Pennsylvania’s 798,556 adult users spent the same amount, they would create a $1.66 billion retail industry.
Assuming Pennsylvania taxed the growth, cultivation and sale of marijuana at 35 percent, the state would collect roughly $581 million in tax revenue annually. If Allegheny and Philadelphia counties were allowed to add 1-2 percent local tax, they could collect an additional $3.8 million and $6.9 million, respectively. “Imagine what that $581 million could mean for Pennsylvanians,” DePasquale said. “Not only would it help balance the state budget, but it would also mean increases to initiatives that affect Pennsylvanians’ lives, such as greater access to opioid treatment and better health care access for veterans and children.”
DePasquale became the first statewide elected official to endorse regulating and taxing marijuana in March 2017. “With our neighboring states all looking at legalizing marijuana, now is the time for Pennsylvania to do the same,” DePasquale continued. “Legislators must act now so that we can be competitive and not lose potential revenue to other states.”
July 23, 2018 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues , Who decides | Permalink | Comments (0)
The question in the title of this post is the headline of this new Washington Post piece authored by Daniel J. Mallinson and A. Lee Hannah. I recommend the full piece, and here are excerpts:
Has the U.S. reached the “tipping point” in marijuana legalization? That’s what one CNN commentator said happened last month when, on June 26, Oklahoma adopted medical marijuana through a ballot initiative....
It’s true that a lot was unusual about the Oklahoma initiative. The state approved medical marijuana with roughly 57 percent of the vote — despite the fact that the ballot measure was held in a conservative state, during a primary — when only the most committed party members tend to vote — rather than during a general election, is more permissive than many comparable laws, and was opposed by statewide Republican leaders....
Notably, Oklahoma’s voters approved medical marijuana directly, rather than through the legislature. In our previous research, we found that five states legalizing medical marijuana via ballot initiatives between 1996 and 1999 helped legitimize the effort — and, beginning in 2000, a handful of legislatures followed suit. Direct democracy is one important way that advocates successfully force the issue in some states — either through successful initiatives, as in Oklahoma, or through the threat of an initiative campaign, as in Ohio, where the legislature quickly passed a medical marijuana law to head off a 2016 initiative sponsored by Marijuana Policy Project.
As a result, as fewer and fewer of the remaining 20 states without any legal marijuana use have mechanisms for such direct referendums, it becomes less and less likely that those states will liberalize cannabis policy. In that sense, perhaps Oklahoma is not a tipping point....
Direct democracy has furthered marijuana liberalization, assisted by changes in how advocates frame the issue. Journalists and advocates have been drawing attention to recent research that shows the potential of medical cannabis to treat conditions like PTSD, epilepsy and opioid addiction. This type of coverage serves to lift the stigma on marijuana use by presenting conditions and patients that are more relatable and sympathetic than treatment for other conditions, or than recreational use.
One of us, Lee Hannah, recently conducted a content analysis of news articles about medical marijuana stories by The Washington Post from 1995 (a year prior to California adopting the first program) to 2017 to determine whether this narrative shift was being seen in news coverage. Hannah searched the newspaper archives and counted how many articles about medical marijuana were paired with specific medical conditions.
In the period from 1995 to 1999, The Washington Post ran 56 articles about medical marijuana that associated it with cancer, 73 articles that mentioned HIV/AIDS and only 7 articles associating medical marijuana with opioid addiction, epilepsy or PTSD. That relative emphasis has flipped in the last five years. The Post continued to make the connection to cancer, in 71 articles, but only 31 articles included HIV/AIDS. Meanwhile, The Post ran 195 articles that connected medical cannabis to opioid addiction (71), epilepsy (83) or PTSD (41). The results were similar when analyzing coverage in the New York Times.
Some observers argue that evidence so far suggests other policy approaches are more successful than medical marijuana in treating opioid addiction. But if interest groups can successfully persuade citizens that medical cannabis could help diminish the opioid crisis, conservative voters and state legislatures may be persuaded to make it available....
Whether Oklahoma’s new law is indeed a tipping point, changing public opinion and industry pressures seem to be pushing the federal government and the remaining states to make marijuana available for medical use — and probably, from there, recreational use as well.
July 23, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Political perspective on reforms, Who decides | Permalink | Comments (0)
Reviewing efforts to ensure marijuana reform is focused on criminal justice and social justice issues
As long-time readers should know, much of my interest in modern marijuana reform emerged from my interest in criminal justice reform, as well as from my frustration that many "traditional" approaches to criminal justice reform seem to move much more slowly than have many modern marijuana reforms. Given this background, I have always been eager to see, and been most supportive of, proposals for marijuana reform that focus on criminal justice issues. And this recent Stateline article, headlined "Marijuana Bills Increasingly Focus on Social Justice," effectively reports on encouraging developments in this arena. Here are excerpts from an extended article that should be read in full:
State lawmakers and advocates pushing to legalize marijuana this year aren’t just touting legalization as a way to raise tax revenue and regulate an underground pot market. They’re also talking about fixing a broken criminal justice system and reinvesting in poor and minority communities that have been battered by decades of the government’s war on drugs.
The focus on justice and equity has sharpened over time, longtime pot advocates say, as it’s become clear that such issues should be addressed and that doing so won’t alienate voters — most of whom, polls consistently show, support legal marijuana. Civil rights groups also have raised their voices in legalization discussions.
Now social justice provisions can be found in legalization proposals in both blue and red states, including several of the states where voters will face ballot measures on the issue in November. Social justice also is a talking point for opponents, who argue that allowing weed sales would hurt — not help — low-income and minority people....
Many state lawmakers say they back legalization because, first and foremost, it can be an opportunity to make changes to the criminal justice system and repair the harm done to groups disproportionately arrested for using the drug. “For me, the social justice piece of it is much larger than, I think, the taxing and regulating — although that is important,” said New York Assemblywoman Crystal Peoples-Stokes, a Democrat who represents part of the city of Buffalo and has put forward a bill to legalize weed....
California’s 2016 ballot initiative, which filled more than 60 pages and covered everything from rules for marijuana testing laboratories to expungement of marijuana crimes from criminal records.
The California initiative allowed people with drug convictions to obtain marijuana licenses. It set aside $10 million a year to pay for services such as job placement, legal help, and mental health and addiction treatment for residents of communities hit hard by former drug laws. Passed by 57 percent, the initiative’s success showed that voters support justice and equity provisions — or at least aren’t dissuaded by them...
Missouri has four pot legalization initiatives on the ballot this fall; three focus on allowing medical use of the drug and the fourth on recreational use. The recreational use initiative by Total Legalization, a volunteer operation that isn’t backed by national pro-weed groups, also would require prisoners incarcerated for nonviolent marijuana-related crimes to be released within 30 days and would expunge nonviolent marijuana-related criminal records. Becca Loane, a member of the board of directors for the campaign committee backing the initiative, said her team wants to legalize marijuana completely without waiting for the Legislature to work out the details. “It’s something that needs to be done.”
In North Dakota, a legalization ballot measure also would expunge the records of people with some marijuana-related convictions automatically. And in Michigan, a legalization ballot measure would require state lawmakers to encourage people in communities impacted by the war on drugs to participate in the marijuana industry....
The argument that marijuana legalization will help poor black and Latino people has been made vociferously in New York and New Jersey, where national groups that back legalization, such as the Drug Policy Alliance, have teamed up with clergy and civil rights groups.
New Jersey Gov. Phil Murphy, a Democrat, called marijuana legalization a social justice issue during his campaign last year. New York gubernatorial candidate Cynthia Nixon, also a Democrat, has said she supports legalization because “we have to stop putting people of color in jail for something that white people do with impunity.”...
Nearly two-thirds of black, Hispanic and multiracial people supported marijuana legalization, according to a Stockton University poll of New Jersey adults this spring. That was a higher share than support among white adults, according to a breakdown by race and ethnicity shared with Stateline.
July 23, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues | Permalink | Comments (0)
Prominent US Representative for Ohio now advocating that "marijuana should be legal in all 50 states"
CNN recently published this recent commentary advocating federal marijuana reform that is particularly notable because of its author: Tim Ryan, a Democrat representing Ohio's 13th congressional district who is co-chair of the House Addiction, Treatment, and Recovery Caucus (and who at least once had aspirations to be a party leader in the House). Here are excerpts from the commentary:
The year Donald Trump was elected President, more Americans were arrested for marijuana possession than for all violent crimes combined. Moreover, the ACLU found that even though African-Americans use marijuana at similar rates to white Americans, they are almost four times more likely to be arrested for marijuana possession....
As co-chair of the House Addiction, Treatment, and Recovery Caucus, I've been hesitant to support legalizing marijuana in the past. But after meeting with countless Ohio families and youth whose lives have been irreparably harmed by a marijuana arrest, I find the social and economic injustices of our marijuana policy too big to ignore. I firmly believe no person should be sentenced to a lifetime of hardship because of a marijuana arrest. It is morally wrong and economically nonsensical. That is why I am calling for an end to marijuana being used as an excuse to lock up our fellow Americans.
Marijuana should be legal in all 50 states. Across the country, nine states and the District of Columbia have passed laws legalizing marijuana. Voters in Michigan and Oklahoma will be voting on marijuana initiatives this November, and efforts are underway in Missouri, Arizona, Nebraska and Utah to get legalization initiatives on the ballot. While I support these states for leading by example, this is an issue that affects every corner of our nation. You should not be able to legally buy a product in one state, just to be arrested for the very same act in another.
Studies have shown that marijuana legalization could save $7.7 billion in averted enforcement costs and add $6 billion in additional tax revenue -- a $13.7 billion net savings. Not to mention the reported 782,000 jobs it could create on day one. Think of what our country could do with that money: rebuild our highways, bridges, and railroads; provide our communities with the resources they need to respond effectively to substance abuse and the opioid epidemic; and create jobs....
Congress can change this by passing the Marijuana Justice Act. This legislation would remove marijuana's designation as a Schedule I drug -- those classified as having no accepted medical use and a high potential for abuse. It would also eliminate all criminal penalties for an individual who imports, exports, manufacturers, distributes, or processes with intent to distribute marijuana. To create economic opportunity in communities devastated by mass incarceration, the bill creates a $500 million community reinvestment fund to provide job training for the nascent legal cannabis industry.
The War on Drugs failed the American people. It is time for us to take the necessary steps to right our nation's wrongs. We cannot afford to leave people behind and money on the table. If we are truly a nation that believes in second chances, our federal marijuana laws must change. America is speaking. Congress must act.
July 23, 2018 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (4)
Friday, July 20, 2018
"Medical cannabis legalization and state-level prevalence of serious mental illness in the National Survey on Drug Use and Health (NSDUH) 2008–2015"
The title of this post is the title of this new article in the International Review of Psychiatry. Here is its abstract:
Although research has established a link between cannabis legalization and use, and cannabis use and mental health, the relationship between medical cannabis legalization and mental health remains uncharacterized. This analysis investigated the relationship between state medical cannabis laws (restrictive, i.e. covering a narrow set of medical conditions; or liberal, i.e. covering a broad range of medical conditions), whether the law permits patients to petition their physician to approve medical cannabis use for specific medical conditions, and state prevalence of serious mental illness (SMI) in the National Survey of Drug Use and Health 2008–2015.
In a covariate-adjusted meta-regression, liberal laws were significantly associated with higher prevalence of SMI (Coeff = 0.003, SE = 0.001, p < .001). Restrictive laws (Coeff = 0.001, SE = 0.001, p = .285) and the ability to petition physician approval (Coeff = −0.001, SE = 0.001, p = .140) were non-significant. When added to the model, state past-year cannabis use was significantly associated with higher prevalence of SMI (Coeff = 0.037, SE = 0.015, p = .018), liberal laws remained significant (Coeff = 0.002, SE = 0.001, p = .015), and restrictive laws (Coeff = −0.0001, SE = 0.001, p = .945) and the ability to petition a physician (Coeff = 0.001, SE = 0.001, p = .290) remained non-significant. Medical cannabis laws are likely related to state mental health, and a higher prevalence of cannabis use partially explains this relationship.
Thursday, July 19, 2018
"Marijuana Legalization and Crime Clearance Rates: Testing Proponent Assertions in Colorado and Washington State"
The title of this post is the title of this interesting Research Article appearing in Police Quarterly. Here is its abstract:
The legalization of recreational cannabis in Washington state (I-502) and Colorado (A-64) created a natural experiment with ancillary unknowns. Of these unknowns, one of the more heavily debated is that of the potential effects on public health and safety. Specific to public safety, advocates of legalization expected improvements in police effectiveness through the reduction in police time and attention to cannabis offenses, thus allowing them to reallocate resources to more serious offenses.
Using 2010 to 2015 Uniform Crime Reports data, the research undertakes interrupted time-series analysis on the offenses known to be cleared by arrest to create monthly counts of violent and property crime clearance rate as well as disaggregated counts by crime type. Findings suggest no negative effects of legalization on crime clearance rates. Moreover, evidence suggests some crime clearance rates have improved. Our findings suggest legalization has resulted in improvements in some clearance rates.
Effective explanation of why it is so hard to explain the exact number of "medical marijuana states"
Over at Marijuana Moment, Kyle Jaeger has this nice new piece on a bit of head-counting (or should I say state-counting) that always sticks in my craw. His piece is headlined "How Many Medical Marijuana States Are There? Advocates Disagree On The Number," and here are excerpts:
Is it 30? 31? How about 45 or 49?
With marijuana legalization efforts moving forward at full steam in states across the country, it can be understandably difficult to keep track of the total number of states that have legalized cannabis in some form, especially when it comes to counting differing medical programs.
In some cases, even national advocacy groups disagree over the actual tally. For example, the Marijuana Policy Project (MPP) lists 30 legal medical marijuana states, while NORML says the number is 31. Americans for Safe Access, meanwhile, has an interactive map that provides information about existing cannabis laws in 45 states. So what is the number, really?
If you ask NORML, it’s a plain and clear 31. Paul Armentano, the organization’s deputy director, told Marijuana Moment that it’s based on simple reasoning: there are currently 31 states in the U.S. that have legalized marijuana for medical or recreational purposes (not including more limited, CBD-focused laws in other states, but we’ll get to those in a minute)....
Unlike NORML, MPP determines what constitutes a legal medical marijuana state based on the fact the state passed a law aimed at medical cannabis in addition to an independent analysis of the efficacy of those laws. That’s why the organization doesn’t include Louisiana in its list of legal states, for instance, even though NORML and others count it.
“Forty-nine states have adopted some form of medical marijuana law, and we feel that the easiest distinction to draw is between those that are effective and relatively comprehensive and those that are ineffective or highly restrictive,” Mason Tvert, MPP’s media relations director, told Marijuana Moment. “There are some states, such as Louisiana, that could arguably fall into both categories, but our policy experts currently still consider it to be too limited to be considered one of the states that has adopted an effective and comprehensive medical marijuana law.”...
When you hear numbers in the upper 40s, those generally take into account states that allow certain patients to use CBD extracts with low-THC composition, but licensed programs providing those products are few and far between. Generally speaking, legalization advocates don’t consider CBD-only states “legal,” per se, but it’s another factor that can muddle the math.
What consequence, if any, these varying tallies have on public policy is uncertain. Advocates believe, however, that including the CBD-only states is one key factor that led to the passage in 2014, and subsequent extension, of a congressionally approved rider preventing Justice Department interference in medical marijuana states. Since the text of the measure itself meticulously lists out all of the affected states — including ones like Texas and Virginia, which only have CBD laws — it is that much harder for lawmakers from those states to vote no....
One thing advocates do agree on is the number of states that allow recreational, or adult-use marijuana. That’s nine, plus Washington, D.C.
Tuesday, July 17, 2018
The title of this post is the title of this notable new article that was authored by Sean Klammer and got its start in my Marijuana Law and Policy seminar a few years ago. Here is the article's introduction:
On November 3, 2015, Ohioans went to the polls to vote on Issue 3, a ballot initiative to amend the Ohio Constitution to legalize adult marijuana use. Though other states had legalized medicinal marijuana prior to eliminating prohibition, ResponsibleOhio, the political action committee (PAC) behind the initiative, believed it could skip this preliminary hurdle. The group worked tirelessly for almost two years to ensure that Issue 3 would become law. Had it succeeded, the organization would have possessed the blueprint to end prohibition in many other states, if not the entire country. Yet, despite favorable polling in the months leading up to the election, it became clear that the PAC had miscalculated. On election night, the initiative was soundly defeated, with Ohioans voting against legalization at a rate of two to one. The State would have to wait until at least the 2016 presidential election to get another chance at legalization.
Part I of this Essay reviews the history and key players behind ResponsibleOhio as well as the initiative’s path to the ballot. Part II summarizes the text of Issue 3 and assesses relevant provisions. Parts III and IV highlight the debate between marijuana activists and prohibitionists, and Part V analyzes why the campaign was ultimately unsuccessful. Part VI notes that even though Issue 3 did not pass, it led to acceptance of medical marijuana in Ohio and thus set the stage for full legalization in 2020. Finally, the Essay concludes in Part VII with a reflection on the lessons learned from ResponsibleOhio and gives suggestions on how to best frame a marijuana legalization campaign to appeal to voters in the next presidential election.
July 17, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Monday, July 16, 2018
The Chicago Sun-Times in this article reports on its analysis of marijuana enforcement in the Wind City under the headline "Marijuana enforcement in Chicago falls but still lands heaviest on blacks." Here is how it gets started:
Since the city of Chicago and state of Illinois moved to decriminalize the possession of small amounts of marijuana, the number of arrests in the city for such petty crimes has plummeted.
But even as the Chicago Police Department has pulled back on its enforcement efforts over the past seven years, African-Americans continue to be disproportionately targeted, accounting for the vast majority of the dwindling number of arrests, a Chicago Sun-Times analysis has found.
Last year, Chicago police officers made 129 arrests and wrote fewer than 300 tickets for possession of small amounts of cannabis, and even fewer arrests and tickets are expected this year. By comparison, there were more than 21,000 such arrests in 2011, according to arrest data examined by the Sun-Times.
The number of arrests began dropping after the Chicago City Council passed an ordinance in 2012 giving police officers the option of writing tickets to people for possession of less than 15 grams of marijuana. Four years later, a new state law put additional limits on such arrests. Police in Illinois no longer could arrest anyone for having less than 10 grams of marijuana. Instead, the law made possession of small amounts of weed a civil offense, rather than a crime, with fines as the penalty, not jail.
Before the city council decriminalized possession of “personal-use” quantities of marijuana, African-Americans were arrested on such charges more than members of other racial groups. That hasn’t changed, the Sun-Times found, even though academic studies have found that marijuana usage is similar across racial and ethnic backgrounds.
In 2017 and the first four months of 2018, 94 people were busted in Chicago for petty marijuana possession. Seventy-six of them were black. Sixteen were Hispanic. Two were white.
“I’m pleased to see the police are arresting fewer people,” says Kathie Kane-Willis, a drug policy researcher who is director of policy and advocacy for the Chicago Urban League. “It’s unfortunate that African-Americans remain criminalized for these activities out of proportion to their population.”