Monday, November 28, 2022
"Medical Cannabis and Autism Spectrum Disorder – Ohio's Marijuana Policy and its Intersection with the Historical Controversial Cannabis Treatment"
In a very busy semester, I have fallen a bit behind posting some recently produced papers that are part of the on-going series of student papers supported by the Drug Enforcement and Policy Center. I am hopeful about catching up in the days ahead, as I continue to relish the he chance to highlight great work by OSU law students and recent graduates. And the title of this post is the title of this paper authored by Lindsey Mead who is in the midst of her 3L year at The Ohio State University Moritz College of Law. Here is its abstract:
In the state of Ohio, medical marijuana is offered as a treatment option for many different illnesses and disorders including Alzheimer’s disease, Tourette’s syndrome, and Crohn’s disease. However, one condition missing from this list of syndromes that may legally use medical marijuana as a form of treatment is autism spectrum disorder. This paper aims to understand why autism spectrum disorder is not included in this list while also analyzing relevant present legislation such as House Bill 60 and Senate Bill 261. To answer these questions, this paper examines the benefits of treating autism with medical marijuana as well as the reasoning for why this treatment has been perceived so negatively.
November 28, 2022 in Medical community perspectives, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)
Sunday, November 20, 2022
New CRS report (incompletely) reviews "Recent Developments in Marijuana Law" in Fall 2022
This notable new five-page Congressional Research Service report titled "Does the President Have the Power to Legalize Marijuana?". Here is how it gets started:
Marijuana and other products derived from the cannabis plant are regulated under both federal and state law. In recent years, a significant divide has developed between federal and state regulation. Under the federal Controlled Substances Act (CSA), marijuana is strictly regulated and may not legally be used for medical or recreational purposes. In contrast, a substantial majority of states have relaxed state law prohibitions on medical or recreational marijuana.
The fall of 2022 saw two key developments in federal and state marijuana regulation. In October 2022, President Joe Biden granted clemency to certain low-level federal marijuana offenders and directed the Attorney General to review the status of marijuana under federal law. While some observers consider President Biden’s grant of clemency to represent a significant change in federal marijuana policy, as a legal matter it did little to alter the growing disparity between federal and state marijuana regulation. Then, in November 2022, voters in five states considered ballot initiatives to legalize recreational marijuana at the state level, two of which were adopted. Legislators and commentators have proposed a number of legal reforms that would alter federal marijuana regulation and potentially reduce the divergence between federal and state law.
This Legal Sidebar provides an overview of the legal status of marijuana under federal and state law, then discusses recent developments including the grant of clemency for federal marijuana possession offenses and November 2022 state ballot initiatives related to marijuana. The Sidebar concludes with an overview of selected legislative proposals related to marijuana.
This CRS document is dated November 16, 2022, so it only makes a brief reference/link to the federal research bill that was passed by Congress on that very day, the "Medical Marijuana and Cannabidiol Research Expansion Act." As of this writing (Nov 20, 2022), that bill is still awaiting the President's signature.
November 20, 2022 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Initiative reforms in states, Who decides | Permalink | Comments (0)
Friday, November 18, 2022
"Association of Recreational Cannabis Legalization With Alcohol Use Among Adults in the US, 2010 to 2019"
The title of this post is the title of this interesting new article just published in JAMA Health Forum. This research was authored by Vandana Macha, Rahi Abouk and Coleman Drake. Here is its abstract:
Importance In the US, cannabis use has nearly doubled during the past decade, in part because states have implemented recreational cannabis laws (RCLs). However, it is unclear how legalization of adult-use cannabis may affect alcohol consumption.
Objective To estimate the association between implementation of state RCLs and alcohol use among adults in the US.
Design, Settings, and Participants This was a cross-sectional study of 4.2 million individuals who responded to the Behavioral Risk Factor Surveillance System in 2010 to 2019. A difference-in-differences approach with demographic and policy controls was used to estimate the association between RCLs and alcohol use, overall and by age, sex, race and ethnicity, and educational level. Data analyses were performed from June 2021 to March 2022.
Exposures States with RCLs, as reported by the RAND−University of Southern California Schaeffer Opioid Policy Tools and Information Center.
Main Outcomes and Measures Past-month alcohol use, binge drinking, and heavy drinking.
Results Of 4.2 million respondents (median age group, 50-64 years; 2 476 984 [51.7%] women; 2 978 467 [58.3%] non-Hispanic White individuals) in 2010 through 2019, 321 921 individuals lived in state-years with recreational cannabis laws. Recreational cannabis laws were associated with a 0.9 percentage point (95% CI, 0.1-1.7; P = .02) increase in any alcohol drinking but were not significantly associated with binge or heavy drinking. Increases in any alcohol use were primarily among younger adults (18-24 years) and men, as well as among non-Hispanic White respondents and those without any college education. A 1.4 percentage point increase (95% CI, 0.4-2.3; P = .006) in binge drinking was also observed among men, although this association diminished over time.
Conclusions and Relevance This cross-sectional study and difference-in-differences analysis found that recreational cannabis laws in the US may be associated with increased alcohol use, primarily among younger adults and men.
November 18, 2022 in Recreational Marijuana Data and Research | Permalink | Comments (0)
Thursday, November 17, 2022
"President Biden's Pardons: What It Means for Cannabis and Criminal Justice Reform"
Though I have already flagged this event at my other blog, I wanted to be sure to highlight here this exciting webinar scheduled for next month (December 13 starting at 12noon), which is organized by Drug Enforcement and Policy Center at The Ohio State University Moritz College of Law and the Last Prisoner Project. Here is a bit of the backstory and the panel lineup:
On October 6th, 2022, President Biden issued a proclamation granting pardons to over 6,500 people with federal simple possession of marijuana offenses. In an acknowledgment of the fact that the vast majority of cannabis convictions take place on the state level, President Biden simultaneously encouraged the country’s governors to use their clemency power to issue similar grants. While the President’s executive actions are an unprecedented and important step forward, there is still much more work ahead to fully redress the harms of cannabis criminalization.
Please join the Drug Enforcement and Policy Center and the Last Prisoner Project as we host a panel of experts to discuss how these pardons will affect people with cannabis convictions on their record, how states could act on the President's call, and what implications this may have for the future of cannabis and criminal justice reform in the United States.
Panelists:
Elizabeth G. Oyer, U.S. Pardon Attorney, U.S. Department of Justice
JaneAnne Murray, Associate Clinical Professor of Law, Director of the University of Minnesota Law School Clemency Project
Sarah Gersten, Executive Director and General Counsel, Last Prisoner Project
Moderator:
Douglas A. Berman, Newton D. Baker-Baker & Hostetler Chair in Law; Executive Director of the Drug Enforcement and Policy Center
November 17, 2022 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (0)
Wednesday, November 16, 2022
Congress passes marijuana research bill, the "Medical Marijuana and Cannabidiol Research Expansion Act"
With a Senate motion, the US Congress made some history today by passing a standalone piece of marijuana reform legislation. Here are the basics from Politico:
The Senate passed a bill designed to expand medical marijuana research on Wednesday by unanimous consent. Passage of the legislation, which is sponsored by Sen. Dianne Feinstein (D-Calif.) and Rep. Earl Blumenauer (D-Ore.) in their respective chambers, signaled a new era in federal cannabis policy: It’s the first standalone marijuana-related bill approved by both chambers of Congress. The House passed the bill in July, also by unanimous consent.
The bill, which will make it easier for scientists to conduct medical marijuana research and protect doctors who discuss the benefits and drawbacks of using the drug with patients, now heads to President Joe Biden’s desk....
Passage of the medical research bill by unanimous consent signals that perceptions about marijuana are changing. While expanded research is arguably the most conservative action Congress could take on marijuana, it is something that would have been unthinkable a decade ago. The bill came close to passing in September, but was held up by Sen. John Cornyn (R-Texas). Cornyn lifted the hold earlier this week.
“After working on the issue of cannabis reform for decades, finally the dam is starting to break,” Blumenauer told POLITICO in a statement. “At a time when more than 155 million Americans reside where adult-use of cannabis is legal at the state or local level and there are four million registered medical marijuana users with many more likely to self-medicate, it is essential that we are able to fully study the impacts of cannabis use.”
This Marijuana Moment article, headlined "Senate Sends Marijuana Research Bill To Biden’s Desk, With Schumer Saying He’s Having ‘Productive Talks’ On Broader Reform," highlights why this little bit of history might be a sign of things to come:
Just before the vote, Senate Majority Leader Chuck Schumer (D-NY) said on the floor that he is continuing to have “productive talks” about a broader package of cannabis reforms he hopes to pass before the end of the lame duck session.
In the meantime, while numerous marijuana measures have been filed and advanced in each chamber in recent sessions, reform has consistently stalled before reaching the president. But now, the “Medical Marijuana and Cannabidiol Research Expansion Act” is just one signature away from historic enactment.
November 16, 2022 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Who decides | Permalink | Comments (4)
Tuesday, November 15, 2022
Latest Gallup polling highlights "Marijuana Views Linked to Ideology, Religiosity, Age"
The quoted portion of the title of this post is the title of this new Gallup report on its latest polling on opinions regarding marijuana. Here are excerpts:
Americans' support for marijuana legalization remains at the record-high 68% recorded each of the past two years.
When Gallup first asked about legalizing marijuana in 1969, 12% of Americans were in favor. Support grew from there, reaching 31% in 2000 and surpassing the majority level in 2013. Since 2016, at least six in 10 have been in favor. The latest results are based on an Oct. 3-20 Gallup poll.
Combining data for the past five years, from 2018 through 2022, allows for a more robust analysis of demographic differences in views about marijuana legalization than is possible from a single poll. Using this aggregate, Gallup finds support for legalization averaged 67% among the general population but varied significantly by subgroup. Conservative, religious and older Americans are the least supportive, while liberal, nonreligious and younger Americans are the most supportive.
Specifically, subgroups whose support for legalization exceeds the national average by 10 or more percentage points include those with no religious preference (89%), self-identified liberals (84%), Democrats (81%), young adults (79%) and those who seldom or never attend religious services (78%).
Groups whose support is at least 10 points below the national average include those who attend church weekly (46%), conservatives (49%), Republicans (51%), older adults (53%) and Hispanic adults (56%)....
Given the importance of ideology and age in predicting individuals' support for marijuana legalization, ideological subgroups of different ages show some of the largest intergroup differences in attitudes.
At every age level, conservatives are less likely than moderates or liberals to support making marijuana legal. However, majorities of younger conservatives (those under age 50) favor legalization, compared with 32% of older conservatives.
Age differences among political moderates are more modest, with 20 points separating the oldest (62%) and youngest (82%) moderates. That contrasts with a 33-point gap between the oldest and youngest conservatives. Liberals, on the other hand, show similarly high support -- 81% or higher -- regardless of age.
November 15, 2022 in Polling data and results, Who decides | Permalink | Comments (0)
Monday, November 14, 2022
On eve of hearing, House staff releases "joint memo" extolling federal marijuana reform
As reported in this Marijuana Moment piece, "House Democrats and Republicans have co-published a joint memo ahead of a congressional subcommittee meeting on marijuana on Tuesday, laying out key background details on the issue that will likely inform the conversation at the meeting." Here is more:
The House Oversight Subcommittee on Civil Rights and Civil Liberties announced the meeting—titled “Developments in State Cannabis Laws and Bipartisan Cannabis Reforms at the Federal Level”—last week. And the witnesses set to testify are broadly pro-legalization.
Several documents have been posted in advance of the meeting, including what’s described a “joint memo” from majority and minority staff that was uploaded on Sunday. Rep. Jamie Raskin (D-MD) chairs the panel, with Rep. Nancy Mace (R-SC) serving as the ranking member.
Given that leadership on the subcommittee shares bipartisan interest in advancing cannabis reform, it makes sense that the witnesses are well-known advocates for ending prohibition and that the joint memo generally provides information that makes the case for a comprehensive policy change.
It mentions several pieces of marijuana legalization legislation, including the House-passed Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, Senate leadership’s Cannabis Administration and Opportunity Act (CAOA) and Mace’s States Reform Act (SRA).
“This hearing will be a bipartisan examination of the many benefits of decriminalization at the federal level, including: criminal justice reform, which will largely benefit communities of color, as well as the justice system more broadly; access for veterans through the Department of Veterans Affairs (VA); and the ability for the legal cannabis industry to access financial services,” the memo says.
The full 11-page "Joint Memo" is available at this link. It makes for an interesting read.
November 14, 2022 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (0)
Thursday, November 10, 2022
US House subcommittee hearing scheduled on "Developments in State Cannabis Laws and Bipartisan Cannabis Reforms at the Federal Level"
Interestingly, on the morning of Election Day, the US House Committee on Oversight and Reform released this notice announcing that on "Tuesday, November 15, 2022, at 10:00 a.m. ET, the Subcommittee on Civil Rights and Civil Liberties will host a hybrid hearing titled 'Developments in State Cannabis Laws and Bipartisan Cannabis Reforms at the Federal Level'.” The next evening, this follow-up memo was released providing a lot more notable details about this notable congressional hearing (including a list of scheduled witnesses). Here are excerpts:
On October 6, 2022, President Biden announced that he granted a pardon to everyone convicted of simple marijuana possession under federal law and called for a review of how marijuana is scheduled under the Controlled Substances Act (CSA). Advocates for cannabis reform welcomed the President’s actions but continue to call for action in the legislative branch to decriminalize cannabis....
This hearing will be a bipartisan examination of the many benefits of decriminalization at the federal level, including: criminal justice reform, which will largely benefit communities of color, as well as the justice system more broadly; access for veterans through the Department of Veterans Affairs; and the ability for the legal cannabis industry to access financial services.
And this official website provides some more interesting background and also the expected witnesses. Here is a snippet:
On Tuesday, November 15, 2022, at 10:00 a.m. ET, Rep. Jamie Raskin, Chairman of the Subcommittee on Civil Rights and Civil Liberties, and Rep. Nancy Mace, Ranking Member of the Subcommittee on Civil Rights and Civil Liberties, will hold a hybrid hearing to examine the many benefits of cannabis decriminalization at the federal level, including addressing racial disparities in the criminal justice system, improving treatment options for veterans, and allowing marijuana companies to access traditional banking services.
Marijuana arrests account for 43% of all drug arrests, and nine in ten of those marijuana arrests are for simple possession. Although Black and white people use cannabis at roughly the same rates, Black people are nearly four times more likely to be arrested for violating marijuana possession laws, which carries life-altering implications for employment, housing, and education. Decriminalizing cannabis at the federal level and expunging criminal convictions for possession would alleviate these burdens and allow for societal advancement.
Marijuana Moment has good coverage of this planned hearing in pieces here and here.
November 10, 2022 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Who decides | Permalink | Comments (0)
Wednesday, November 9, 2022
Mixed results for marijuana reform ballot measures on Election Day 2022
The approval of marijuana legalization in the two biggest states considering ballot initiatives this election cycle — Maryland and Missouri — means that a lot more people voted for than against legalization this Fall. But reform opponents are surely pleased that voters in three other states — Arkansas, North Dakota and South Dakota — rejected legalization initiatives. This MJBizDaily piece, headlined "US marijuana industry wins in Maryland and likely Missouri but suffers losses elsewhere," reviews the details and starts this way:
Marijuana legalization’s yearslong winning streak finally stopped at a red wall in conservative states in the South and West on Tuesday, but the 2022 election still brought a solid win in Maryland – and legalization advocates declared victory in Missouri early Wednesday, too. Together, the two states could lead to nearly $2 billion in adult-use sales within a few years of their launch.
Voters in Maryland approved the 20th adult-use market, one that is projected to generate as much as $600 million in its first year and up to $1 billion by year four.
Recreational marijuana legalization in Missouri was too close to call for most of election night, but with yes votes ahead by about 6 percentage points with more than 90% of the votes counted, both the statewide campaign and national advocacy groups claimed victory. First-year sales of an adult-use marijuana market in Missouri could reach up to $550 million, according to MJBizDaily estimates, with fourth-year sales projected to be $800 million-$900 million.
Elsewhere, recreational legalization measures in Arkansas as well as in North Dakota and South Dakota were defeated.
November 9, 2022 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states | Permalink | Comments (0)
Tuesday, November 8, 2022
Rounding up helpful resources on another Election Day full of importance for marijuana reform
I have sensed that marijuana reform ballot meansures and related topics have received more mainstream media attention than usual this election cycle. Consequently, I will not try to round up here all the mainstream press coverage and instead will just highlight a set of resources I find useful that readers might also find useful.
Of course, I need to start with the "Drugs on the Ballot: 2022" resource put together by the Drug Enforcement and Policy Center (DEPC). That resource page not only includes a detailed accounting of the measures on the ballot in 2022, but the page also has a set of terrific interactive graphics mapping out both "Marijuana Ballot Measures Over Time" and "Marijuana Legalization Over Time."
Next, I want to flag the great work of the folks at Bolts, a relatively new "digital magazine that covers the nuts and bolts of power and political change, from the local up." Bolts covers lots and lots of ground extremely well, and it recently has a piece reviewing the ballot measures headlined "Six States Are Voting on Legalizing Weed or Psychedelics."
Moving from an election site to a marijuiana one, MJBiz Daily already has lots of election coverage and has a lot more promised. Here are a few of their recent election pieces that caught my eye:
- "New adult-use marijuana markets worth more than $1.5 billion on the ballot"
- "Key congressional races the marijuana industry should watch"
- "Polls suggest mixed results for adult-use marijuana legalization ballot measures"
- "MJBizDaily to provide in-depth Election Day coverage of marijuana measures"
And, staying in the marijuana news space, Marijuana Moment will also be sure to keep delivering great election-related coverage. Here are some of its recent notable postings:
- "Live 2022 Marijuana Election Results"
- Detailed articles assembled here about all the state and many local reform initiatives
- "Congress Will Hold A Marijuana Hearing One Week After Five States Vote On Legalization Ballot Measures"
November 8, 2022 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states | Permalink | Comments (0)
Wednesday, November 2, 2022
Leafly "Harvest Report 2022" declares cannabis as "America’s 6th largest crop"
The folks at Leafly this week have released this interesting "Cannabis Harvest Report 2022" with an accounting of cannabis farming across the US. Here is part of the start of the report's discussion:
Legal cannabis now supports more than 13,200 American farms in 15 adult-use states. With a wholesale value of $5 billion, recreational marijuana is America's 6th most valuable cash crop, worth more than potatoes or rice....
American cannabis farmers are growing an awesome wave of legal green that weighs some 2,834 metric tons, according to the Leafly Cannabis Harvest Report 2022.
There are now 15 states where adults can go into a state-licensed store and buy legal cannabis. Those 15 states now support 13,297 active legal cannabis farms, which in turn support farm families, communities, and tens of thousands of full-time workers.
Yet this legal crop is missing from USDA reports on agriculture. That's a significant omission with real implications. Americans want to end the Drug War and move consumers to a legal, taxed, and tested crop. Voters and community leaders need production, price, licensing, and crop value data to measure our progress. Regulators in some states cannot supply the most basic fact about their cannabis markets: “How much pot did you grow?” To find the answer, Leafly estimated it for the second year in a row.
The story in 2022 is all about rising production and falling prices. As the legal harvest continued to ramp up in legal states, the average price of cannabis fell over the past twelve months, yielding an adult-use cannabis crop worth $5 billion in wholesale value.
That makes legal cannabis the sixth most valuable crop in the US. Only corn, soybeans, hay, wheat, and cotton bring in more money on a wholesale basis.
Farmers grew 24% more metric tons of adult-use cannabis this year, compared to the year measured in the 2021 Leafly Cannabis Harvest Report. To get a sense of the volume of the past year's cannabis harvest, 2,834 metric tons would fill nearly 15,000 dump trucks lined up end-to-end for up for 45 miles.
We’re only counting the 15 active adult-use states, not the dozens of medical-only states, or crops grown to supply the illicit market. That total number would be about 3 to 5 times larger.
Leafly’s report is a synthesis of licensing records with state cannabis production totals, sales and tax reports, commercial price trends, field measurements, US Department of Agriculture crop values, and expert interviews.
November 2, 2022 in Recreational Marijuana Data and Research | Permalink | Comments (0)