Marijuana Law, Policy & Reform

"How weed became 'whatever': Leagues are ditching old policies"

As a time with no actual sports, it is nice to have a good excuse to check out ESPN's website where one now finds this very lengthy article sharing the title of this post. The lengthy piece is worth reading in full, and here are excerpts (with my emphasis added):

The marijuana stigma that plagued [Ricky] Williams' NFL career is eroding, if not gone entirely from an enforcement standpoint.  In January, Illinois became the 11th state to legalize recreational marijuana.  Now, of the 123 teams across MLB, the NBA, NHL and NFL, 50 play in states or provinces where recreational marijuana is legal (40.6%). Another 51 teams play in jurisdictions where medical marijuana is legal (41.5%).  That's 82% of teams (101 of 123) that are playing in cities where a player can walk down the street, go into a dispensary, and legally purchase either recreational or medicinal marijuana -- just like they were buying a six pack of beer.

The only states in which any of the four major pro league teams play where there are no broad laws legalizing marijuana are Indiana, Georgia, North Carolina, Tennessee, Texas and Wisconsin.

Sports leagues have adapted.  Last year, we wrote about the NHL's marijuana approach -- predicated on treatment, not punishment -- which at the time was the most progressive in professional sports.  Today?  It's actually the norm.

The NFL ratified a new CBA in March with a drug policy quite similar to the NHL model.  The NFL significantly raised the threshold for positive tests (from 35 nanograms to 150) and eliminated its previous window of testing, which spanned from April to August to the first two weeks of training camp. In other words, if players want to smoke weed in the offseason, they are free to do so.  But most importantly: Players are no longer suspended solely for marijuana.  If a player were to test positive, his case is reviewed by a panel of medical experts who determine if the player needs medical treatment.  "Certainly, we see that society is changing its views, but views only change because key facts become more and more obvious to the people who make policy," NFLPA executive director DeMaurice Smith said.

MLB and its union negotiated a new drug policy in December 2019 following Tyler Skaggs' death.  While the new policy added testing for opioids, fentanyl and cocaine, plus synthetic weed -- with positive tests being referred to a treatment board -- cannabinoids were taken off the league's drugs of abuse list.  That wasn't a huge deal for MLB players, who were only previously tested for marijuana if there was "reasonable cause."  It was, however, monumental for minor leaguers, who were regularly tested and faced steep fines and suspensions -- including a 50-game ban for a first-time offense, 100 games for a second and a lifetime ban for the third strike.  "The way the league had the rules set up, it was ridiculous," said longtime MLBPA agent Joshua Kusnick.  "I can't even imagine how many guys' careers were ruined over marijuana. I personally had clients whose careers were derailed because of it.  If you were a fringy prospect and you were popped for marijuana, you were released because teams didn't want to deal with it.  And if you were released, you couldn't serve your suspension.  So who is going to sign you if you had 50 games to wait?"

The NBA's policy has remained the same -- and is now actually the harshest in North American professional sports.  A first positive test means a player must enter the marijuana program.  The second positive test calls for a $25,000 fine.  The third infraction is a five-game suspension, and five more games are added to each ensuing violation (10 games for a fourth positive test, 15 games for a fifth, etc.).  However, the NBA does not test players during the offseason, and the union and league agreed to not test players during the league's coronavirus hiatus.

"Intensity of cannabis use: Findings from three online surveys"

The title of this post is the title of this notable new paper appearing in the May 2020 issue of the International Journal of Drug Policy and authored by Jonathan Caulkins, Bryce Pardo and Beau Kilmer.  Here is its abstract:

Background

Drug use is often measured in terms of prevalence, meaning the number of people who used any amount in the last month or year, but measuring the quantity consumed is critical for making informed regulatory decisions and estimating the effects of policy changes.  Quantity is the product of frequency (e.g., number of use days in the last month) and intensity (amount consumed per use day).  Presently, there is imperfect understanding of the extent to which more frequent users also consume more intensively.

Methods and data

We examine cannabis flower consumption reported in three similar online surveys fielded in times and places where cannabis was and was not legal.  These convenience samples returned enough valid responses (n = 2,618) to examine consumption across different frequencies of use via analyses of measures of central tendency, data visualizations, and multivariate regressions.  Additional calculations incorporate data from the National Survey on Drug Use and Health.

Findings

Respondents who reported using daily (i.e., 30 days in the past month) consumed almost twice as much per day of use on average as did those reporting less than daily. We find only modest increases in intensity among those using less than daily, but then a substantial increase (p< 0.001) for those who use daily.  Most respondents report that on heavy or light use days their consumption differs from a typical day of use by a factor of 2 or more, but only about 25% of days were described as heavy or light. We estimate those using cannabis 21+ days a month account for 80% of consumption vs. 71% of the days of use.

Discussion

Daily cannabis users consume more intensively than others, including near-daily users.  When possible, survey questions should move beyond the presence or absence of use and number of days used.

Student presentation on "Employers accommodating medical marijuana users"

One final student presentation in my Marijuana Law, Policy & Reform seminar focused on employment law.  Here is the student's description of her topic and some background readings she provided:

My presentation will explore how the legislative requirement that employers accommodate versus not accommodate medical marijuana use impacts the facial validity of medical marijuana statutes.  In doing so, I will analyze how state disability statutes interact with the federal Controlled Substances Act and the doctrine of preemption.  Ultimately, using language that specifically does not require employers to accommodate medical marijuana use best protects the interests of those who require such use by avoiding challenges to the statute’s validity. 

For some background reading on anti-discrimination provisions, preemption, and employment, take a look at the links below: 

• "Courts Are Siding with Employees Who Use Medical Marijuana"
• "Mixed Results for Employers on Marijuana – Two Federal Courts Refuse to Find State Marijuana Laws Preempted by Federal Law"
• "Weed at Work: Must Employers Accommodate Medical Use?"

Student presentation on "CBD and its efficacy as a sleep aid"

The last of a big group of student presentations in my Marijuana Law, Policy & Reform seminar will focus on "CBD and its efficacy as a sleep aid." Here some background readings he has provided:

CBD Sources

1. "CBD & Parkinson's Disease"
2. "Is CBD legal? Here’s what you need to know, according to science"
3. "Cannabidiol can improve complex sleep‐related behaviours associated with rapid eye movement sleep behaviour disorder in Parkinson's disease patients: a case series"
4. "Is CBD legal in your state? Check this chart to find out"
5. "Cannabidiol (CBD) — what we know and what we don’t
6. "Every Question You Have About CBD—Answered" 

Sleep Sources

1. "The State of Sleep"
2. "What to know about sleep deprivation"
3. "Prescription sleeping pills: What's right for you?"
4.  "Are Sleeping Pills Safe?"
5.  "1 in 3 adults don’t get enough sleep"

FDA Approved MJ derived medicine

 "FDA Approves First Drug Comprised of an Active Ingredient Derived from Marijuana to Treat Rare, Severe Forms of Epilepsy"

Parkinson’s Source

"Parkinson's Disease"

Student presentation on "Marijuana Reform and Gun Ownership"

This will be another exciting week as students in my Marijuana Law, Policy & Reform seminar are finishing up their presentations on research topics of their choice. The fourth presentation slated for this week will focus on how marijuana reforms intersect with gun ownership. Here is the student's description of his topic and some background readings he has provided:

My presentation will focus on the interaction between legal marijuana and gun ownership.  I will begin by analyzing federal firearms laws and their practical implementation by the Bureau of Alcohol, Tobacco, and Firearms (ATF). I then look through examples of the conflicts these laws present in states which have legalized marijuana, and how federal laws currently prohibit any individual from exercising both their right to consume marijuana in legal states and their right to own a firearm under the Second Amendment. For some background reading, here are some helpful links:

Paul Barach, Why Can’t Medical Cannabis Patients Own Guns?, PotGuide (Jan. 17, 2020). 

Open Letter to All Federal Firearms Licensees, Bureau of Alcohol, Tobacco, Firearms and Explosives (Sept. 21, 2011).

Aimee Green, Medical Marijuana Cardholders Can’t Be Denied Concealed Gun License Solely Because they Use Pot, Oregon Supreme Court Rules, OregonLive (May 19, 2011).

Mike Lowe, Mixed Legality of Marijuana on State, Federal Levels Leaves Gun Owners in Limbo, WGN9 (Jan. 9, 2020).

Student presentation on "How Farm Bill's legalization of hemp-derived CBD products could impact federal marijuana reform"

As mentioned before, the semester is winding down and students in my Marijuana Law, Policy & Reform seminar, soldiering on via Zoom, are making presentations on research topics of their choice. The third presentation slated for this week will focus on the the Farm Bill and federal reforms. Here is part of the student's description of the issue and some background readings she has flagged:

My presentation and my paper focus on how the legalization of hemp-derived CBD products, through the Farm Bill, could have an impact on the federal legalization of marijuana.  A few sources I used to help with this research are:

Jeff Smith, What marijuana companies can learn from federal legalization of hemp, Marijuana Business Daily (Feb. 27, 2020).

Jeremy Burke & Skye Gould, States where marijuana is legal, Business Insider (Jan. 1, 2020).

Kimberly Holland, CBD v. THC: What's the Difference?, Healthline (May 20, 2019).

U.S. Department of Agriculture, Farm Bill

John Hudak, The Farm Bill, hemp legalization and the status of CBD: An explainer, Brookings Institute (Dec. 14, 2018).

Student presentation on "Producing a Better Marijuana Tax Scheme"

Students in my Marijuana Law, Policy & Reform seminar are continuing to complete their presentations on research topics of their choice, and the second presentation slated for this week will focus on marijuana tax issues. Here is the student's description of his topic and some some "light" reading selected to help set the stage for his presentation.

In my paper, I set out to find a tax scheme that gives greater weight to the public health concerns of legalization while balancing the desire for revenue and fairness.  In doing so, I analyze the three primary tax bases that may be chosen by a legislature: (1) Price, (2) Weight, and (3) Potency, pausing a moment to describe just how complex the concept of marijuana "potency" really is.  In doing so, I lay out the benefits and disadvantages of each tax base and use Illinois' tax scheme to illustrate these pros and cons.  I also consider whether medical marijuana should be taxed on a separate scheme, exempted from tax, or treated the same as product intended for adult use.  Finally, I make a case for a hybrid tax base: tax flower and bud by weight, and edibles and concentrates by potency (as measured by THC). 

In making my case, I recognize that there is no perfect marijuana tax scheme.  The science is too young, marijuana is too complex a substance (both scientifically and by dint of being both "fun" and medicine), and these factors serve to amplify the push-pull between social goals, revenue, simplicity, and fairness inherent in any tax.  I have thus included in my proposal a five-year sunset provision that will force legislators to return to the table and incorporate new science (along with the previous five years of data what worked and did not work in the original law) and hopefully produce a better tax scheme.

BOTEC Analysis LLC, Cannabis Potency Tax Feasibility Study (Oct 2019)

NPR, Highly Potent Weed Has Swept The Market, Raising Concerns About Health Risks (May 2019)

BOTEC Analysis Corp., Testing for Psychoactive Agents (Aug 2013)

Tax Foundation, How High Are Recreational Marijuana Taxes in Your State? (Apr 2019)

Pat Oglesby, Laws to Tax Marijuana (How To Tax It) (June 2012)

Student presentation on "Key arguments against legalization of recreational marijuana"

Students in my Marijuana Law, Policy & Reform seminar are finishing up their presentations on research topics of their choice. The first presentation slated for this week will focus on certain arguments made against recreational marijuana reform. Here is the student's description of his topic and some background readings he has provided:

For my project, I examined some of the arguments that opponents of the legalization of recreational marijuana often stress.  My research gave particular attention to the external "costs" of the legalization of recreational marijuana.  The three arguments that I will be focusing on for class discussion are (1) the cost of car accidents both fatal and non-fatal, (2) the cost of employee productivity, and (3) the cost of high school dropout rate.  I will examine these arguments, discuss some of their strengths and weaknesses, and finally talk about how they can be used in inform better policy in the marijuana space.

Here are some useful articles that I used when researching:

"Does Marijuana Increase the Risk of Vehicle Crashes?"

"Prevalence of Marijuana Involvement in Fatal Crashes: Washington, 2010-2014"

"Impact of smoking status on workplace absenteeism and productivity"

"The Causes and Costs of Absenteeism"

"Marijuana use and high school dropout: the influence of unobservables"

"Cause and Effect: The High Cost of High School Dropouts"

Congressional Cannabis Caucus makes bipartisan call for state-legal cannabis businesses to be included in next COVID relief package

As detailed in this letter, a bipartisan group of US representatives are urging House Leadership to include state-legal cannabis businesses in COVID-19 relief efforts.  Here are excerpts from the two-page missive addressed to Nancy Pelosi and Kevin McCarthy:

As you draft the next COVID-19 relief bill, we write to ask that you address one of the shortcomings of the CARES Act — the exclusion of state-legal cannabis businesses and their employees. The COVID-19 crisis response demands the full participation of the American people, businesses, and workforce.  However, without relief, a very large population is left without the means to execute the required public health measures and continue to provide financially for their families.

The state-legal cannabis industry is a major contributor to the U.S. economy and workforce, employing over 240,000 workers across 33 states and four territories, and generating $1.9 billion in state and local taxes in 2019.1,2 As states respond to the COVID-19 crisis by shuttering businesses to mitigate the virus’ spread, jurisdictions across the country have recognized cannabis businesses as “essential.”  Essential businesses, in many places, can operate during the pandemic provided they abide by required public health safety measures.  Like other businesses with continued operations, cannabis businesses have met the moment by preserving access to treatment for patients with chronic conditions, donating protective clothing, and manufacturing equipment for medical use.  However, unlike other small businesses, cannabis businesses are not eligible for the CARES Act programs.

State-legal cannabis businesses need access to CARES Act programs to ensure they have the financial capacity to undertake the public health and worker-focused measures experts are urging businesses to take.  This includes access to and participation in SBA’s loan programs — financial support that is designed to pay workers, group health care benefits, and family or sick leave. Current SBA policies prevent cannabis businesses from accessing the Paycheck Protection Program (PPP), Emergency Economic Injury Disaster Loans (EIDLs), EIDL grants, or SBA loan forgiveness – programs intended to help businesses fight COVID-19 in safe and equitable ways....

Given the nature of the epidemic, we must ensure that everyone has the capacity to carry out the recommended public health and worker-focused measures.  Without doing that, we risk undercutting the public health efforts nationwide.  We ask that House leadership include provisions to allow state-legal cannabis businesses and the businesses who work with this industry to access the critical support they need during this unprecedented time.

Student presentation on "Transportation of Hemp and Marijuana"

With the semester winding down, numerous students in my Marijuana Law, Policy & Reform seminar are scheduled for presentations on research topics of their choice this week.   The fourth presentation slated for this week will focus on the transportation of cannabis.  Here is part of the student's description of the issue and some background readings he has flagged:

For all the discussion that has been had about the legalization of marijuana, we have not sufficiently discussed how these products should be moved around. The goal of my presentation is to explore this issue by looking at cases that have unfolded and the policies of institutional players. For some background, please see:

“Hemp Suppliers at Odds With Hazy Regulations” 

“The Great American Cannabis Experiment” 

“Inability To Ship Across State Lines Hurts Cannabis Businesses, Especially Small Operators” 

“Travelers caught with weed in Chicago airports won’t be busted, police say” 

Student presentation on "Marijuana Stocks"

As students "take over" my Marijuana Law, Policy & Reform seminar through presentations on research topics of their choice, I continue to enjoy hearing about (and posting here about) their selected topics. The third presentation slated for this week will focus on marijuana stocks. Here is part of the student's description of the issue and some background readings he has flagged:

While the market for investors is nearly impossible to predict, as the Covid-19 pandemic is currently demonstrating, certain industries seem to be “recession proof” and are viewed as “safer” investments. One such industry is the “sin” industry.  Stocks that fall under this category include tobacco, alcohol, weapons, gambling, sex, and most importantly, marijuana.  While many of these industries have been publicly traded on major US stock exchanges for decades, the first marijuana stock was not traded until February 27, 2018.  Thus, the industry is still in its infancy with many questions left unanswered.  I will focus on three areas of law impacting marijuana stocks: 1) the Controlled Substance Act, 2) taxes, and 3) fraud. Further, the history of marijuana stocks in the US, the potential outlook for marijuana stocks in the future, and my opinion on which marijuana stock will be the most successful will be discussed.

Fabian Gorsler, A Marijuana Company is Listed on the U.S. Stock Exchange for the First Time, Highsnobiety (Feb. 27, 2018).

Casey W. Baker, Marijuana’s Continuing Illegality and Investors’ Securities Fraud Problem: The Doctrines of Unclean Hands and IN PARI Delicto, 12 J. Bus. Entrepreneurship & L. 93 (2019).

Erin Fuchs, The Legal Risk of Investing in Weed is ‘Remote’ and ‘Theoretical’, Yahoo Finance (Nov. 3, 2018).

Student presentation on "Employment rights in a world of marijuana reform"

Continuing to provide in this space background on from students who are "taking over" Marijuana Law, Policy & Reform seminar through presentations on research topics of their choice, the second presentation this week will focus on employment law issues.  Here is how the student working on this topic describes her plans along with background readings she has provided:

While marijuana is legal in some form in thirty-three states, it does not mean that any citizen of those states is immune to negative repercussions for their legal consumption.  Even where medical marijuana is legal, not every state guarantees legal protections.  My presentation will center on the current state of consumer rights, specifically in the realm of employment.   Just as states vary on legalization, few states agree on how marijuana consumption should be treated in an employment context.  Many states are hesitant to require an employer to change its hiring or drug-enforcement policies, despite the change in marijuana law.  Other states provide employment protections by forbidding an employer from retaliating against an employee for any legal activity performed outside work so long as it does not affect the employee’s ability to perform, without regard to marijuana specifically.  I will explore the current trends in employee protections as marijuana law gradually becomes more robust and organized.

Marijuana Accommodations In The Workplace: Your Employees Are Smoking Pot—Now What?

Legal marijuana use still costs people jobs. A new California bill takes on the issue

The Sham Of Drug Testing For Benefits: Walker, Scott And Political Pandering (old, but still very good)

Economy Needs Workers, but Drug Tests Take a Toll

Impact of marijuana legalization important lesson for employers

Student presentation on "The history of marijuana in Canada"

Students in my Marijuana Law, Policy & Reform seminar continue "taking over" through presentations on research topics of their choice, and I will continue providing in this space background on their topics and links to relevant materials they provide. The first presentation this week will focus on the country to the north, and here is how the students working on this big topic describes their plans along with background readings they have provided:

The presentation will focus on medical marijuana in Canada. Like with the United States, the national attitude towards medical marijuana in Canada has evolved over the years.  It was only four short years after California effectively legalized medical marijuana in 1996, that a Canadian court ruled Canadians had a right to use medical marijuana.  It took almost two decades after that court ruling for marijuana to be fully legalized in Canada. Because marijuana is legal in Canada, there is much that can be learned from research conducted in the country.  Research on illegal drugs is often met with push back from the government.  Full legalization has opened the door for all aspects of research into the effectiveness of marijuana for treating all kinds of illnesses.  This research is necessary to facilitate a better understanding of marijuana and it benefits world-wide.

Sources:

"Canada Goes From Weed Prohibition To Legalization In 95 Years"

"A timeline of some significant events in the history of marijuana in Canada"

"Legal Medical Marijuana States and DC: Laws, Fees, and Possession Limits"

Government of Canada, "For people registered or designated to produce cannabis for medical purposes"

Government of Canada, "Information for Health Care Professionals: Cannabis (marihuana, marijuana) and the cannabinoids"

"Ontario cannabis stores to close after removal from ‘essential’ list"

"In COVID-19 fight, medical cannabis retailer eyes use of cannabinoids in clinical trial"

Student presentation on "Regulatory Frameworks States Have Developed for Edibles"

As students in my Marijuana Law, Policy & Reform seminar continue "taking over" my class by making presentations on research topics of their choice, I will continue providing in this space background on their topics and links to relevant materials they provide.  The last of three presentations this week will focus on the (always hot) topic of edibles, and here is how my student has described his topic along with background readings he has provided:

 

For my paper, I'll be looking at the regulatory frameworks states have developed for edibles.  After some background on edibles and their significance to the marijuana industry, I'll discuss the varying levels regulations that states have employed.  Then I discuss the three major types of regulations for edibles: (1) testing; (2) packaging and labeling; and (3) THC content.  Finally, I conclude by assessing the effectiveness of each type and making my own recommendations for moving forward.

 

For background, please see the resources below:

Alice G. Walton, Is Eating Marijuana Really Riskier than Smoking It?, FORBES (June 4, 2014).

Jeff Rossen & Jovanna Billington, Rossen Reports Update: Edible Marijuana That Looks Like Candy Is Sending Kids to the ER, TODAY (Sept. 16, 2017).

Robert J. MacCoun & Michelle M. Mello, Half-Baked--The Retail Promotion of Marijuana Edibles, 372 NEW ENG. J. MED. 989 (2015).

Mike Montgomery, Edibles Are the Next Big Thing for Pot Entrepreneurs, FORBES (July 19, 2017).

Ryan Vandrey et al., Cannabinoid Dose and Label Accuracy in Edible Medical Cannabis Products, 313 JAMA 2491-93 (2015).

Daniel G. Barrus et al., Tasty THC: Promises and Challenges of Cannabis Edibles, RTI PRESS 6 (Nov. 2016).

"Charlotte Figi, 13-year-old Coloradan whose CBD journey inspired medical marijuana reform, dies of COVID-19"

This is really sad: 

Charlotte Figi, the young Colorado Springs girl whose battle with Dravet syndrome inspired changes to medical marijuana laws, has died of complications from the coronavirus, according to a nonprofit organization co-founded by her mother. She was 13 years old.

Realm of Caring, the nonprofit that focuses on medical cannabis research and education, attributed Figi’s death to “COVID-19 complications” in a Facebook post. A message posted to the Facebook page of Charlotte’s mother, Paige Figi, on behalf of the Figi family says, “Charlotte is no longer suffering. She is seizure-free forever.”

Neither El Paso County nor state health officials have publicly announced the death of a 13-year-old Coloradan due to COVID-19; Charlotte would be the youngest person to date to die in Colorado in connection with the coronavirus.

Charlotte was one of Colorado’s many medical marijuana refugees, whose family moved to the state following the legalization of cannabis. From the time she was an infant, she suffered from frequent and severe seizures because of Dravet syndrome, including many that required hospitalization. But at age 5, Paige Figi gave her cannabidiol, the non-psychoactive compound in cannabis known more commonly as CBD, and Charlotte’s condition changed overnight.

 

Student presentation exploring "Intersectionality of Sports and Marijuana"

As I mentioned in this recent post, students in my Marijuana Law, Policy & Reform seminar are now "taking over" my class by making presentations on research topics of their choice. The COVID-19 crisis means my resilient students are doing their presenting online,  and students are still providing in this space background on their topic and links to some relevant materials before they present.  Another coming presentation will focus on sports (remember those?), and here is how my student has described his topic along with background readings he has provided:

For my paper, I will be discussing the intersectionality of Sports and Marijuana.  I will primarily focus on athletes, both past and present, being used as a vehicle in leading the charge for reforming marijuana in their respective sports, but also in America.  Athletes of past have had influences on a variety of societal issues and inequalities, and I will compare some of the past actions to how athletes of today can affect marijuana.  I will also focus on the new agreements in both the MLB and NFL regarding their stance on marijuana, and what impact that will have on the reformation of sports.  I will conclude my paper by predicting what the future of sports’ stance will have on the reformation of America.  Below are a few links I’ve read over which I will be using in my paper:

"Politics and Sports: A Long and Complicated Relationship"

"If you thought sports were ever separate from politics, think again"

"'All my best games I was medicated': Matt Barnes on his game-day use of marijuana"

"Miami Heat: Sports, Race and the Murder of Trayvon Martin"

"Pandemic upends pot legalization: Ballot campaigns and cannabis bills get pushed aside during public health crisis"

The title of this post is the headline of this notable new Politico article, and here are excerpts:

What was supposed to be a banner year for marijuana legalization is becoming a bust.

Advocates are pushing ballot referendums in nearly a dozen states, from Idaho to New Jersey. Governors and state lawmakers who failed to pass legalization last year — most notably in New York — vowed that 2020 would be different. But social distancing has put ballot drives on pause and state lawmakers are overwhelmed with addressing the crisis at hand.

“People are scared. They don’t want to touch a pen or paper,” said Melissa Fults, executive director of Arkansans for Cannabis Reform. “All we can do is sit and wait.”

So even with marijuana sales spiking, the coronavirus pandemic is crippling marijuana legalization efforts on the state level — and campaigns on all kinds of other issues, too. “The coronavirus has impacted every signature drive on every issue across the country,” said Matthew Schweich, deputy director of legalization advocacy group Marijuana Policy Project.

Even New York Gov. Andrew Cuomo, who declared that marijuana legalization would be a “top priority” earlier this year, abandoned the initiative when his state emerged as the epicenter of the coronavirus outbreak in the U.S. “Too much [to deal with], too little time,” Cuomo said when asked about marijuana legalization during a recent press briefing.

A few states are poised to vote on marijuana referendums: New Jersey voters will decide whether to allow recreational marijuana sales in November, and Mississippians are expected to face two competing medical marijuana referendums.

But some ballot campaigns have abandoned this year’s plans and are eyeing 2022, and advocates are unsure what will happen to legalization bills with dozens of legislative sessions suspended or postponed. Even anti-legalization advocates are not cheering these developments. “Obviously this isn’t the reason we would want legalization measures to be set back,” said Kevin Sabet, president of Smart Approaches to Marijuana. “Lives are on the line.”

Nearly a dozen marijuana legalization ballot campaigns were angling for a spot on the 2020 ballot until coronavirus-related orders made it nearly impossible for canvassers to collect signatures. "[Circulating petitions] contributes to the public health problem," said Schweich. "There’s no playbook on how to do a signature drive during a pandemic."

Of all the legalization ballot campaigns still collecting signatures, Smart and Safe Arizona is perhaps the best positioned to succeed. It filed early and collected more than 300,000 signatures to date, well beyond the 238,000 verified signatures it needs by July 2 to qualify. Ballot campaigns typically submit more than the required number of signatures since a good portion generally can’t be verified by government officials. “Marijuana is in very good shape even with the lockdown order. We’d like to collect more,” said Stacy Pearson, a spokesperson for the campaign.

For other campaigns facing July deadlines, including Arkansas and Nebraska, advocates hope to get back out in the field in May. “[We] had already started hiring canvassers when this whole coronavirus thing happened,” said Tommy Garrett, a former Republican state senator in Nebraska who now serves as chairman of ADOPT, a statewide coalition that aims to reduce state property taxes and legalize medical marijuana....

The Arizona campaign recently joined three other ballot initiatives in filing a petition to the Arizona Supreme Court to allow them to use e-signatures. Advocates are looking into whether they can email people to find out if they are willing to sign a petition if it were dropped off outside their front door so they could use their own pens to sign it. The person could then leave the signed petition outside their door to be collected.

Arkansans for Cannabis Reform plans to work with two other campaigns on separate issues to help each other. The idea is to have canvassers for each campaign carry the petitions for all three signature drives. They’re discussing ways to safely collect signatures, such as having people drive up to canvassers to sign a petition while remaining in their cars. “We’re just going to have to get really creative,” Fults said.

Meanwhile, other recreational legalization campaigns are all but dead, including those in Missouri and Oklahoma. Medical marijuana legalization campaigns in Idaho and North Dakota have both expressed plans to focus their efforts on making the 2022 ballot instead.

"Coronavirus is taking up all the oxygen in the room," said Andrew Freedman, senior vice president at the public affairs firm Forbes Tate Partners. "People are just going to go home when all the essential business is passed." States with marijuana bills including Vermont, New Hampshire, New York and Connecticut all shifted their priorities as coronavirus cases surged....

Some advocates are hoping the crisis bodes well for legalization efforts in the long run, as states face revenue decimated by the crisis. "[Cannabis businesses] are taxed heavily,” said Richard Acosta, CEO of Subversive Real Estate Acquisition REIT, a cannabis-focused real estate investment operation. “The economic slowdown makes cannabis legalization at the state and federal level more attractive.”

Oklahoma Republican state Rep. Scott Fetgatter recently said he plans to introduce legislation to establish a taxed, regulated recreational marijuana market, arguing it could bring in $100 million per year in revenue and help with a budget crunch expected because of the health crisis.

But until the worst is over, lawmakers likely will be consumed with more urgent matters. Legislative leaders in Connecticut, who had been discussing marijuana legalization matters with Democrat Gov. Ned Lamont, are now working with the governor on a coronavirus stimulus package. The session has been postponed until at least April 13.

A medical marijuana legalization bill was chugging along in Kentucky’s legislature with a 65-30 vote in the Republican-dominated House. Now, the bill is languishing in the Senate Judiciary Committee as the legislature swerved to deal with the state budget amid the coronavirus crisis.

Some prior COVID-cannabis related posts:

• Drug Enforcement and Policy Center conducting new survey on COVID-19 impacts on cannabis industry
• "Coronavirus Upends Marijuana, Psychedelics And Drug Reform Ballot Measures"
• Just some of the latest headlines highlighting how COVID-19 is changing the marijuana reform world
• "Cannabis finds its moment amid coronavirus outbreak"
• Advocacy groups urge ceasing of cannabis arrests and release of cannabis offenders during COVID-19 outbreak
• Advocacy groups urge governors to ensure "medical cannabis patients do not experience disrupted access to crucial medicine" during COVID crisis
• In a post-COVID economy, will job creation and tax revenue from marijuana reform become irresistible?

Student presentation on "Driving Under the Influence of Marijuana, or 'High Driving'"

As I mentioned in this recent post, students in my Marijuana Law, Policy & Reform seminar are now "taking over" my class by making presentations on research topics of their choice. Though the COVID-19 crisis means my resilient students are doing their presenting to the class online, going online has been going pretty well so far.   

As regular readers know, students provide in this space a little background on their topic and links to some relevant materials before they present.  Our first presentation planned for this week will focus on marijuana-influenced driving, and here is how my student has described his topic along with background readings he has provided for classmates (and the rest of us):

Marijuana legalization proponents quite often compare marijuana use to that of alcohol, claiming that alcohol consumption is far more dangerous, especially when a vehicle is involved.  Legalization dissenters, on the other hand, often make the argument that legalization would lead to rampant use and, inevitably, increases in traffic fatalities and damages as the result of people driving while stoned.  The aim of my class presentation and paper is to explore three topics related to Driving Under the Influence of Marijuana, or, as I like to call it, "High Driving": (1) Marijuana’s effect on driving ability, (2) The different state approaches to testing and prosecuting High Driving, and (3) what research shows about the relationship between the different legal marijuana regimes, the prevalence of High Driving, and the resulting consequences.

For background on these three interrelated topics, please reference the resources below:

"It’s High Time: A Common Sense Approach To Marijuana-Impaired Driving"

"Crash Fatality Rates After Recreational Marijuana Legalization in Washington and Colorado"

"The effects of medical marijuana laws on cannabis-involved driving"

"Drug Impaired Driving/Marijuana Drug-Impaired Driving Laws" (slightly out of date)

"Marijuana Use and Highway Safety"

Student presentation on the very timely topic of "The Legal and Regulatory Framework for Marijuana Delivery"

As long-time readers know and as I mentioned in this recent post, students in my Marijuana Law, Policy & Reform seminar this time of year typically "take over" my class by making in-class presentations on research topics of their choice. This year, of course, the COVID-19 crisis has precluded in-person gatherings, but my resilient students are still hard at work on their projects and will be presenting to the class online.

Before presentations, students typically provide in this space a little background on their topic and links to some readings or relevant materials. The second of our presentations planned for this week will focus on the very timely topic of marijuana delivery rules, and here is how my student has described her topic along with background readings she has provided for classmates (and the rest of us):

The topic I am interested in is the legal and regulatory framework of marijuana delivery services. In states that allow recreational use, several companies have tried, with varying degrees of success, to start marijuana delivery services, like Postmates but for marijuana products. In terms of additional reading, here are a few suggestions:

• London Ryynanen England, Not to Be Blunt, but Consumers Demand Weed with Their Pizza: Model Legislation for Marijuana Courier and Home Delivery Services, 20 SMU Sci. & Tech. L. Rev. 343 (2017)
• Amelia McDonell-Parry, Weed Delivery Officially Legal in California, Rolling Stone (Jan. 20, 2019)
• Sophie Quinton, Pizza, Pad Thai and Pot: Home Delivery of Marijuana Is Legal In These States, HuffPost (Apr. 3, 2018)
• Washington State Liquor and Cannabis Board, Home Delivery of Medical Cannabis Report (2018)

Drug Enforcement and Policy Center conducting new survey on COVID-19 impacts on cannabis industry

The Drug Enforcement and Policy Center has just created a short new survey intended to help explore how COVID-19 is impacting the cannabis industry.  The survey link is here, and this is the basic set up:

As the COVID-19 pandemic surges across the United States, the crisis continues to affect every aspect of the economy.  In response to the pandemic, Congress passed the CARES Act to provide relief to small businesses across the country.

However, the cannabis industry is ineligible for the act’s benefits due to federal prohibition.  In addition, the particular challenges that small and minority-owned cannabis businesses face were not addressed in the early discussions about the industry’s ability to persevere throughout the crisis.

We want to hear from you.

In an effort to learn more about the issues cannabis businesses and consumers are experiencing during the pandemic, and how government entities could best address these issues, DEPC has created a 3-minute survey.

Please complete and share our survey with your networks.

Take the survey