Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Thursday, April 18, 2019

Terrific coverage of all sorts of issues via Reason's "Weed Week"

As a general matter, I am not too keen on all the marijuana buzz devoted to 4/20.  But, as a specific matter, I really like what folks at Reason have a put together in a "Weed Week" series of pieces.  Here are the pieces posted to date: 

April 18, 2019 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

"Canada Has Made Pot Super Boring"

Download (19)The title of this post is the headline of this interesting New Yorker commentary authored by Stephen Marche. Here are excerpts:

This 4/20 will be different, at least in Canada.  It will be the first celebration of marijuana since the country made pot legal in October, 2018.  The time passed since the end of prohibition hasn’t been long enough to establish any direct consequences from legalization so far, but one thing has already become painfully clear from Canada’s experiment. When you make pot legal, you make it super, super boring....

Other than new signs at the airport warning the more dull-witted Canadian citizens to dispense of their marijuana in the appropriate receptacles before leaving the country, it was hard to notice any real change after the passage of the marijuana laws.  The pot dispensaries, semi-underground before the end of prohibition, were supposed to disappear, but went on just as before.  They’ve just becoming increasingly polished.  The place where I buy my weed looks like a Pottery Barn, and it was so busy the other day that they gave me one of those buzzers they hand out at Shake Shack to tell you when your order is ready.  I had to wait twenty minutes.

It’s also money that’s making pot boring.  Recently, I went to a champagne-and-hot-wings party — a superb concept, by the way — in a wealthy neighborhood in Toronto, and it felt like half the people attending were in the cannabis industry in one way or another; many of them had transitioned from hedge funds.  Marijuana stocks have overtaken real estate as the standard conversational go-to of Toronto dinner parties.  And you have not understood how banal marijuana can be until you overhear two parents watching their kids at a swimming lesson discuss how I.S.O. 9000 certification affects the marketing efforts for stocks of C.B.D.-extract companies....

Even a few months after legalization, I find myself wondering how much of the pleasure of marijuana came from its illicitness.  When you used to pass around a joint, you were sharing a little naughtiness, a tiny collective experience of rebellion.  Now, at a party, when you a pass around a joint, you’re basically saying let’s go stare at things for a while.  When I see cops on the street today, there is nothing I do that might upset them.  We are on the same side, utterly.  It’s pathetic.

There may still be dangers to marijuana, of course.  The public-health effects of legalization are, as yet, unknown.  Nobody knows whether legalization will lead to higher rates of teen-age mental illness, or to traffic accidents.  But, already, it is unimaginable that marijuana would be made illegal again.  Even with the brief distance of a few months since the end of prohibition, the sheer stupidity of the drug war appears absolute. Marijuana isn’t worth the attention of the police.  It’s not even that good a drug. It wouldn’t be in my top five, anyway.

One of the most important consequences of marijuana’s legalization is that the drug can now be studied. We might learn how it works and what it does to people. Clinical trials will replace the loose collection of vague anxieties and promotional pseudoscience that have dominated discussions of marijuana up to this point in history.  It will finally be possible to think sensibly about marijuana. And what could be more boring?....

It has to be said, in boredom’s defense, that it’s the cure for a great number of evils.  The cliché holds that America is losing the war on drugs, but it’s not quite accurate. Cocaine and heroin have never been cheaper.  Overdose deaths recently topped car accidents as a more likely cause of death for adults in the United States.  But America is very much winning the war on drugs that are legal: tobacco use has declined sixty-seven per cent since 1965, and drunk-driving fatalities by forty-eight per cent since 1991.  Of course, the way America reduced the use of these drugs wasn’t by killing bad guys and arresting users en masse, but by treating them like social problems with collective solutions.  Yawn.  No one’s going to make a season of “Narcos” out of that.

Canada is proving, once again, the deep political power of boredom: if you want to suck the power and glamour out of drugs, let the government run them.

April 18, 2019 in Business laws and regulatory issues, History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Friday, April 12, 2019

"The Canna(business) of Higher Education"

The title of this post is the title of this paper just posted to SSRN and authored by Shelby Slaven, who is a student at The Ohio State University Moritz College of Law. Here is the paper's abstract:

While the idea of legalizing cannabis for adult use is gaining on acceptance among the public, the past and current policies on both, the state and federal level, have resulted in dearth of research on the efficacy of cannabis for therapeutic purposes as well as possible societal and health consequences of recreational use.  Institutes of higher education are best positioned not only to reform research on the substance, but to train a generation of cultivators, distributors, and healthcare professionals, and while doing so address some of the historical harms perpetrated by the policies of the War on Drugs.  Students are seeking out ways to capitalize on a growing market and remedying past discrimination should be a top priority.  This paper first provides an overview of cannabis legalization as it stands today, the political efforts that got it here, and those that will move it forward.  It then discusses institutes of higher education and the efforts to bring cannabis into the classroom.  Lastly, this paper argues that Historically Black Colleges and Universities can provide education, training, and a foot in the door for Black individuals who have suffered harsher criminal penalties in the name of the war on crime.

April 12, 2019 in Business laws and regulatory issues, Employment and labor law issues, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Spotlighting racial and regional differences in modern marijuana reform dynamics

I am very sad that presentations in my my Marijuana Law, Policy & Reform seminar have wrapped up, but that reality gives me a bit more time and space here to catch up on the marijuana law, policy and reform stories that most catch my eye.  One such important story that I missed a few weeks ago comes here from Stateline under the headline "African-Americans Missing Out on Southern Push for Legal Pot."  I recommend the extended article in full, and here are some excerpts:

Medical cannabis laws typically lay out the conditions for which the drug may be prescribed. But the laws in Arkansas and Florida — the only Southern states that have legalized medical cannabis — don’t cover sickle cell disease, which causes acute pain and disproportionately affects African-Americans. The bills advancing in Tennessee and Kentucky also exclude that condition. Three states that have legalized medical but not recreational cannabis — Connecticut, Ohio and Pennsylvania — allow sickle cell disease patients to use it....

Black legalization advocates also fear that even if medical cannabis becomes legal, white politicians won’t regulate licensing and permitting in a way that ensures equitable opportunities for people of color. “Without that, it’ll be more of the same,” said Dr. Felecia Dawson, a board-certified physician who closed her Georgia-based OB-GYN practice to focus on advocating for medical cannabis. “Legislators will keep people of color ... from the benefits of cannabis.”

Nationally, research suggests that medical marijuana use is more common among whites with high incomes, perhaps in part because of the long history of racial disparity in drug enforcement....

Every Southern state by 2016 had legalized the treatment of a limited number of conditions using CBD oil. As public support increased, so did lawmakers’ willingness to expand the list of eligible conditions. But some conditions that affect minority populations at higher rates than white ones — such as sickle cell disease, which affects 73 in 1,000 African-Americans at birth compared with 3 whites, according to federal estimates — are not included in proposals currently making their way through several Southern statehouses.

In a 2017 hearing co-hosted by the Arkansas Medical Marijuana Commission, following a ballot initiative that had legalized medical cannabis, advocates wore “Diversity for All” T-shirts to emphasize the drug’s importance to minority residents. “We know that such diseases as hypertension, sickle cell, neuropathy and so on are more predominant in blacks,” Casey Caldwell, a black cannabis advocate, said at the hearing.

“It is safe to say that African-American communities would benefit the most,” she added. “In the past, pharmaceutical drugs have been priced so high that [we] have to make a decision whether or not they should eat or whether they should purchase medication.”

Those concerns echoed what Dee Dawkins-Haigler, a former Democratic Georgia representative who headed the state’s Black Caucus, said in 2015 about the initial absence of black people among the state’s 17 appointees to the Commission on Medical Cannabis. The Black Caucus eventually fought to get sickle cell disease added to the list of conditions eligible for CBD oil....

In Florida, black farmers initially cried foul at being shut out of the state’s multibillion-dollar cannabis trade over policies that required license holders to have operated for 30 straight years. According to Roz McCarthy, founder of the Florida-based advocacy group Minorities for Medical Marijuana, the state’s law lacked the teeth needed to ensure that medical cannabis license holders adhered to requirements to ensure diversity in hiring. A spokesperson for the Florida Department of Health said that state law “does not require medical marijuana treatment centers to report the race or ethnicity of its owners.”

McCarthy said, “We’re trying to push lawmakers to understand that they have the ability and the power to ensure exclusionary practices don’t happen. Barriers are there. But the opportunity to reduce barriers is also there.”

April 12, 2019 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Thursday, April 4, 2019

More encouraging expungement news out of California cities thanks to proactive district attorneys

In my article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I gave justified credit to work being done at the state and local level in California to ensure marijuana reform is operationalized  as a form of criminal justice reform.  I am pleased to see this work continuing, especially as described in this news release from the LA DA titled "Los Angeles, San Joaquin County District Attorneys Announce Code for America Partnership to Reduce, Clear Cannabis Convictions."  Here is how the release starts:

District Attorneys Jackie Lacey of Los Angeles County and Tori Verber Salazar of San Joaquin County joined with Code for America today to announce a cutting-edge, criminal justice reform partnership to automatically clear more than 50,000 eligible cannabis convictions under Proposition 64.

The two counties are among the first in California to take part in Code for America’s pilot program that proactively identifies convictions that qualify for resentencing or dismissal under the voter-approved initiative in November 2016.

“We have partnered with Code for America to take on this monumental effort in the state’s most populous county,” District Attorney Lacey said. “As technology advances and the criminal justice system evolves, we as prosecutors must do our part to pursue innovative justice procedures on behalf of our constituents. This collaboration will improve people’s lives by erasing the mistakes of their past and hopefully lead them on a path to a better future. Helping to clear that path by reducing or dismissing cannabis convictions can result in someone securing a job or benefitting from other programs that may have been unavailable to them in the past. We are grateful to Code for America for bringing its technology to our office.”

“The war on drugs led to decades-long racial disparities in cannabis-related arrests and convictions,” said Los Angeles County Board Supervisor Mark Ridley-Thomas. “We have a responsibility to right these wrongs by utilizing the latest innovations in technology, such as Code for America’s Clear My Record initiative, to ensure that people who have been disproportionately harmed by the war on drugs get the second chance they deserve.”

“Since the passage of Propositions 47 and 64, the San Joaquin County District Attorney’s Office, in partnership with the Public Defender’s Office and the Superior Court, have worked collaboratively to successfully implement the law in a timely and efficient manner,” said San Joaquin County Public Defender Miriam Lyell in joint statement with District Attorney Tori Verber Salazar. “We have seen firsthand the capabilities of the Clear My Record tool to facilitate the record clearing process and provide a much-needed service to our community, restoring families along with tremendous cost savings to the People of the State of California. This powerful tool represents the best of public-private partnerships: harnessing the power of technology to create new pathways of opportunity for members of our community with convictions.”

“In the digital age, automatic record clearance is just common sense,” said Jennifer Pahlka, Founder and Executive Director, Code for America. “Thanks to the leadership of District Attorneys Lacey and Salazar, we’ve shown how records clearance can and should be done everywhere. When we do this right, we show that government can make good on its promises, especially for the hundreds of thousands who have been denied jobs, housing and other opportunities despite the passage of laws intended to provide relief. Clear My Record changes the scale and speed of justice and has the potential to ignite change across the state and the nation.”

Both offices have been working with Code for America since July 2018 to develop a system that examines cannabis convictions. There is estimated to be approximately 50,000 eligible convictions in Los Angeles County. There are an additional 4,000 eligible convictions in San Joaquin County.

Recognizing that California’s record clearance process was not designed for the digital age, this historic partnership demonstrates a growing momentum for technology-assisted record clearance in California. It builds on last month’s announcement that Code for America’s Clear My Record technology helped San Francisco dismiss and seal more than 8,000 cannabis convictions.

The references to Code for America’s work in San Francisco is both timely and a bit dated. I say that because of this recent tweet by the SF DA:

April 4, 2019 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, April 1, 2019

"Can Legal Weed Counter Decades Of Discriminatory Drug Enforcement?"

The question in the title of this post is the headline given to this Connecticut public radio show which aired today.  I am very grateful to Professor Jenny Roberts, who was part of the show, for sending me the link to the show and also for providing this summary:

As you may know, Connecticut's proposed bill has some really interesting social justice/equity provisions – not only with expungement, but also with who will actually get the licenses in Connecticut.  The show also explored issues of how those affected negatively by drug laws over the years might now get funding, etc, to start a marijuana business. State Sen. Gary Winfield, who is sponsoring part of the legislation, is on the whole time and well worth a listen, and a Boston Globe journalist joined for one segment on the Massachusetts social equity situation.

Here is how the show's website describes the 50-minute segment:

With recreational marijuana on sale in Massachusetts, Connecticut lawmakers are looking at legalizing recreational cannabis more seriously than ever.  Meanwhile, research continues to show that the enforcement of drug laws in recent decades has disproportionately impacted communities of color.  This hour, we ask: if Connecticut legalizes recreational marijuana, can it do so in a way that corrects some of this history of discriminatory enforcement?

We talk with Judiciary co-Chair Senator Gary Winfield, who is calling for putting equity at the front of legalization efforts.  And we check in about how racial justice has — or hasn’t — come along with legalization in states that already have legal weed, from Massachusetts to California.

April 1, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, March 27, 2019

Examining state medical marijuana programs and historic links to alcohol prohibition

A set of students in my Marijuana Law, Policy & Reform seminar are taking a deep dive into state medical marijuana programs this coming week.  Here is how they explain their planned presentation and links to some background reading:

For our presentation, we analyzed each state’s medical marijuana programs to determine ease of accessibility for patients.  We studied each state’s medical marijuana program and compared variables such as cost of registration, reciprocity, approved conditions, and many others.  Through our research, we discovered that there is wide spectrum of accessibility among the states which have legalized medical marijuana.  More specifically, we concluded that the top 5 easiest states to obtain a medical marijuana card are California, Hawaii, Illinois, Michigan, and Nevada.  Additionally, we concluded that the hardest states (among those which have legalized it) to access medical marijuana are Florida, Louisiana, Missouri, and Utah.

Next, we sought to determine if there was any correlation between the states that had easier/hardest accessibility with when those states ratified and abolished prohibition.  Our hypothesis was that the states with the laxer medical marijuana laws would be the ones that repealed prohibition sooner than those with the harsher medical marijuana laws.  Generally, we found that that states that ratified the 21st Amendment sooner seemed to have laxer medical marijuana laws and the states with the harsher laws repealed prohibition later on.  Also, side note, Oklahoma didn’t even repeal prohibition until 1959!

Background Sources

March 27, 2019 in Assembled readings on specific topics, History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, March 24, 2019

"Marijuana Legalization: Dealing with the Black Market"

The title of this post is the title of a presentation to be made by one of my students in my Marijuana Law, Policy & Reform seminar this coming week.  Here is part of his explanation of his topic and links to some background reading:

Summary:

I will be looking at the prevalence (and in some cases, the dominance) of the black market for marijuana in jurisdictions that have legalized marijuana. I will specifically be looking at states that have legalized recreational use. However, I may still look at states that have only legalized medical marijuana because the black market still dominates in many of those states as well.

A major argument for marijuana legalization is potential revenue, but the black market can steal a significant amount of revenue from states.  Additionally, the existence of a black market is detrimental to public health and safety for a variety of reasons, including the distribution of potentially laced products. 

At first, I was surprised by just how dominant the black market remains in states that have legalized. For example, in California the black market is estimated to be worth 4 times the legal market. But consider major reasons why consumers choose to purchase cannabis products from the black market:

  • The black market offers much cheaper weed with no sin taxes;
  • The black market is able to sell higher potencies of marijuana;
  • The black market is able to sell larger amounts of marijuana;
  • The black market is oftentimes much more convenient.

Another reason people choose the black market is because they are familiar with it. Someone who has had a dealer for years is not all of a sudden going to switch to buying from a legal source.  Additionally, the black market (generally) has no age restrictions, so the black market still exists for minors who wish to use marijuana products.

I also plan on talking about the regulations on legal cannabis providers and how those contribute to the struggle to subdue the black market (ex: marketing, banking, barriers to entry, supply problems, lax enforcement of black market).  Finally, although I recognize that wholly eliminating the black market is infeasible, I will analyze potential solutions to the problem, such as deregulating (decreasing barriers to entry, lowering the age restriction, increasing enforcement, increasing strength of legal products, etc.) and working with the black market dealers.

Background Resources:

"Can a marijuana dispensary’s budget pot put illegal dealers out of business?" (discussing Nevada’s lower cost product dubbed the Black Market Killer) 

"Marijuana Black Market ‘Business Has Never Been Better’ In Canada Despite Legalization, Cannabis CEO Warns" (discussing Canada’s struggle with the black market)

"'I deliver to your house': pot dealers on why legalization won't kill the black market" (interview with two black market dealers in Canada)

"How marijuana entrepreneurs can outsmart black-market competitors" (discussing ways to possibly beat the black market)

"California’s black market for pot is stifling legal sales. Now the governor wants to step up enforcement" (discussing California’s black market)

"Marijuana Advertising Rules Challenge California Businesses" (discussing marketing regulations (including <30% of Minors Rule)

March 24, 2019 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Saturday, March 2, 2019

"Achieving Equity in the Marijuana Industry: Should State's Implement Social Equity Provisions into their Regimes?"

As mentioned in a recent post, this time of year students in my Marijuana Law, Policy & Reform seminar are advancing research projects/papers around topics of their choosing, and they are starting to gear up for in-class presentations.  The presentation includes the requirement that they provide for posting here materials/links with background reading and information for the discussion they will lead.  This coming week a student will be discussing the topic that serves as the title of this post, and here is his description of his plans:

I will examine how minorities have been disproportionately affected by the war on drugs and the consequences we still face today as a result of this enforcement.  I will focus on the regimes that various states have put in place to address social equity, proposals states/localities are currently facing, the challenges of implementing these types of regimes, and what I consider the best solution to the social equity issue.  Below are sources for the presentation: the first two examine why social equity regimes are necessary; the next three discuss regimes in place and the issues they have faced.

  1. Trevor Hughes, New Marijuana Laws in 2019 Could Help Black and Drug Dealers go Legal, USA Today (Feb. 21, 2019)

  2. Janell Ross, Legal Marijuana Made Big Promises on Racial Equity – and Fell Short, NBC News (Dec. 31, 2018) .

  3. State Medical Marijuana Social Equity Plan Comparison

  4. Laura Hancock, Judge Tosses Ohio Medical Marijuana License Requirements for Minority GroupsCleveland.com (Nov. 16, 2018) 

  5. Celene Adams, Challenges – and Controversy – Swirl Around Marijuana Social Equity Programs in California, Marijuana Business Daily (Nov. 29, 2018)

March 2, 2019 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Thursday, February 28, 2019

Senator Cory Booker introduces "Marijuana Justice Act of 2019"

D0frrINXQAI1noaAs reported in this press release, US Senator Cory Booker has joined with a number of other Democrats to formally introduce his social-justice-oriented federal marijuana reform bill.  Here are comments from the bill's sponsors (many of whom are running for President) from the press release, as well as some particulars and a link to the full bill:

U.S. Senator Cory Booker (D-NJ), a member of the Senate's Judiciary Committee, Rep. Barbara Lee (D-CA), Co-Chair of the Congressional Cannabis Caucus, and Rep. Ro Khanna (D-CA), today reintroduced their landmark bill to end the federal prohibition on marijuana.

In the Senate, the bill is cosponsored by Senators Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Kamala Harris (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA), and Michael Bennet (D-CO).

"The War on Drugs has not been a war on drugs, it's been a war on people, and disproportionately people of color and low-income individuals," said Booker.  "The Marijuana Justice Act seeks to reverse decades of this unfair, unjust, and failed policy by removing marijuana from the list of controlled substances and making it legal at the federal level."

"But it's not enough to simply decriminalize marijuana.  We must also repair the damage caused by reinvesting in those communities that have been most harmed by the War on Drugs.  And we must expunge the records of those who have served their time.  The end we seek is not just legalization, it's justice."

"The War on Drugs has destroyed lives, and no one continues to be hurt more than people of color and low-income communities," said Wyden. "There is a desperate need not only to correct course by ending the failed federal prohibition of marijuana, but to right these wrongs and ensure equal justice for those who have been disproportionately impacted."

"Millions of Americans' lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities," said Gillibrand. "Currently, just one minor possession conviction can take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail down the road.  It is shameful that my son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana, and legalizing marijuana is an issue of morality and social justice.  I'm proud to work with Senator Booker on this legislation to help fix decades of injustice caused by our nation's failed drug policies."

"As I said during my 2016 campaign, hundreds of thousands of people are arrested for possession of marijuana every single year," said Sanders. "Many of those people, disproportionately people of color, have seen their lives negatively impacted because they have criminal records as a result of marijuana use. That has got to change. We must end the absurd situation of marijuana being listed as a Schedule 1 drug alongside heroin. It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs."

"Marijuana laws in this country have not been applied equally, and as a result we have criminalized marijuana use in a way that has led to the disproportionate incarceration of young men of color. It's time to change that," said Harris. "Legalizing marijuana is the smart thing to do and the right thing to do in order to advance justice and equality for every American."

"Marijuana should be legalized, and we should wipe clean the records of those unjustly jailed for minor marijuana crimes. By outlawing marijuana, the federal government puts communities of color, small businesses, public health and safety at risk." said Warren.

"This long-overdue change will help bring our marijuana laws into the 21st century. It's past time we bring fairness and relief to communities that our criminal justice system has too often left behind." said Bennet....

The Marijuana Justice Act seeks to reverse decades of failed drug policy that has disproportionately impacted low-income communities and communities of color. Beyond removing marijuana from the list of controlled substances - making it legal at the federal level - the bill would also automatically expunge the convictions of those who have served federal time for marijuana use and possession offenses, and it would reinvest in the communities most impacted by the failed War on Drugs through a community fund. This community reinvestment fund could be used for projects such as job training programs, re-entry services, and community centers.

The bill would also incentivize states through the use of federal funds to change their marijuana laws if those laws were shown to have a disproportionate effect on low-income individuals and/or people of color.

By going further than simply rescheduling marijuana with expungement and community reinvestment, Booker, Lee, and Khanna's bill is the most far-reaching marijuana legislation ever to be introduced in Congress.

The bill is retroactive and would apply to those already serving time behind bars for marijuana-related offenses, providing for a judge's review of marijuana sentences.

Full text of the bill is here.

The Marijuana Justice Act of 2019 looks nearly identical to the Marijuana Justice Act of 2017, so prior commentary of the MJA as in prior posts here and here remain germane.

February 28, 2019 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

"All 2020 presidential candidates now support marijuana legalization efforts — even the Republicans"

Download (2)The title of this post is the title of this recent Boston Globe piece. Here are excerpts:

When it comes to marijuana, Elizabeth Warren of 2012 would probably not recognize Elizabeth Warren of 2019.

Seven years ago, Warren opposed legalization. In 2015, the US senator from Massachusetts said she was “open” to it. In 2016, she said, she voted for it privately at the ballot box. Now she’s one of marijuana’s top cheerleaders on Capitol Hill, championing a measure to protect the pot industry in states where it’s legal.

Warren’s evolution is not unique — in fact, 2020 will see the first US presidential race in which every candidate, at least so far, favors some path to legalization.

All 12 official Democratic candidates, as well as the potential Republican hopeful and former Massachusetts governor Bill Weld, told the Globe they now support full nationwide legalization, Canada-style. President Trump, meanwhile, has said he supports states’ rights to legalize.

“There’s been a tremendous evolution — marijuana legalization, if you look back, was really something for fringe candidates,” said John Lapp, a Democratic national campaign strategist.“It’s just not very controversial at all now.”

For Democrats, especially, being for cannabis legalization might be as much of a litmus test in 2020 among voters as is being for abortion rights. But they must face their past stances with honesty, political strategists say. In 2008, now-US Senator Kamala Harris touted her high conviction rates for drug dealers as a district attorney, and Joe Biden, the former vice president — who is likely to run, but hasn’t announced — was long an evangelist for the war on drugs.

A quarter-century ago, then-presidential candidate Bill Clinton did damage control by saying he tried pot while he was a Rhodes scholar in England, but “didn’t inhale.” Running in 2007, Barack Obama found it politically acceptable to admit he had smoked marijuana as a young man, and “the point was to inhale” — but he called it “a mistake.”’...

Now politicians, particularly Republicans, have a more politically safe way of supporting cannabis: by advocating for states’ rights, said Steve Fox, a cannabis lobbyist with VS Strategies. “At this point, the greatest driving factor at the federal level is simply the fact that it’s legal in so many states,” Fox said.

To combat the rising momentum, the anti-legalization group Smart Approaches to Marijuana is producing a guide for candidates that it says will be backed by medical associations. “Candidates will have a simple choice: They can either follow the pot lobby or they can follow the science,” said executive director Kevin Sabet....

Senator Cory Booker of New Jersey, who has made legalization a core part of his presidential campaign, said his position has much more to do with addressing racial disparities in policing than it does with freedom for recreational use. “I am pleased to see public sentiment moving as it is, but I have an approach to marijuana legalization that sees it as a justice issue and not just as an adult-use issue,” Booker said. “The damage that the enforcement and prohibition has done to our country is outrageous, unacceptable, and violates our values.”...

In New Hampshire this election cycle, candidates are likely to be asked about marijuana, as the Legislature there moves toward possibly passing legalization this year. Governor Chris Sununu, a Republican, has vowed to veto such a measure.

But don’t expect many candidates to focus their campaigns on marijuana. It’s not just safe now — it’s too safe. To stand out in a crowded field, Lapp recommends that a candidate take on affordable health care, immigration, or college debt — “something where there’s some upside and downside, some passion and some risk. I’m just not sure that’s the case with marijuana anymore.”

February 28, 2019 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, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (2)

Monday, February 25, 2019

Perhaps not realizing federal law imposes prohibition, commentary urges someone to "implement a two-year moratorium on further legalization and commercialization of marijuana"

Download (7)This notable new Hill commentary authored by psychiatrist Mitchell Rosenthal, headlined "To ensure public health and safety, impose a two-year moratorium on marijuana legalization," is somewhat sensible as a matter of public policy and is somewhat clueless in light of modern legal realities.  Here are excerpts:

Marijuana legalization is gaining momentum across the country, backed by supportive public opinion, politicians, Wall Street investors and the increasingly influential for–profit cannabis industry.  By 2025, the legal U.S. marijuana market could be a roughly $50 billion business as a cornucopia of cannabis-based products become easily available in shops and online.

But in the rush to legalize marijuana, we are not taking adequate precautions and lack comprehensive and conclusive scientific evidence about what the impact might be.  In today’s largely unregulated environment, for example, marijuana marketers can seemingly tout the purported benefits of pot to relieve anxiety and aches and pains and even treat Alzheimer’s disease, without any oversight, regulation or recourse for disappointed users.

Consumers would be better served if we first implement a two-year moratorium on further legalization to ascertain the potential risks and possible benefits of marijuana. Under the current haphazard laws and rules adopted by states that have legalized, we are simply not able to ensure public health and safety as marijuana becomes mainstream.

Pausing the runaway train of legalization would provide the opportunity to study the impact so far on health and social behavior in legalized states, as well as in Canada, which legalized last year.   We would want a definitive understanding of the effect pot has on everything from driving impairment to workplace performance and learning development in young people....

As a psychiatrist who has treated substance abusers for decades, I understand that calling for a legalization slowdown might suggest a return to the fear-filled Reefer Madness past.  But it is more about being responsible, especially as many clinical studies indicate that pot is not as benign as many would like to believe and can be addictive as well as potentially harmful to the developing teenage brain.

Clearly, the same sensible precautions required of any new drug or food product should also apply to marijuana.  Warning labels, dosage recommendations and information about possible side effects, interactions and potency levels are critical for consumer safety, along with education programs and outreach....

To safeguard public health, we need clarity and consistent guidelines on a federal level for the legalization and commercialization of marijuana.  Questions abound about the appropriate age of consumption, where cannabis should be located — hopefully not near schools and parks and playgrounds — and whether marijuana is an effective treatment for opioid addiction, as many claim.

A two-year moratorium on marijuana legalization would enable us to answer many of these questions and lead to practical and enforceable guidelines based on scientific evidence, not the hyped claims of pot marketers.  Consumers — especially parents — have the right and the need to know.

Because this commentary speaks of the need for "clarity and consistent guidelines on a federal level for the legalization and commercialization of marijuana," I presume it is imagining the federal government as the legal entity to "implement a two-year moratorium on further legalization and commercialization of marijuana."  But, of course, federal law right now has long-standing and on-going complete prohibition on legalization and commercialization of marijuana.  That legal fact has not stopped "marijuana legalization is gaining momentum across the country" because prohibition cannot easily be enforced effectively against states interested in pursuing reforms.

Perhaps this commentary means to suggest (and would be more reasonable to suggest) that all states considering legalization sit tight for two years to provide more time and "opportunity to study the impact so far on health and social behavior in legalized states."  But legalization has been a reality in some form in California for more than two decades and in modern forms in Colorado and Washington for five years.  It seems highly unlikely that we will have "comprehensive and conclusive scientific evidence about what the impact might be" of legalization by early 2021.  Because it may take decades to reach "definitive understanding of the effect pot has on everything from driving impairment to workplace performance and learning development in young people," I am not sure just a two-year pause would be all that productive even if it were some how legally achievable.

That all said, this commentary is not misguided in identifying a range of issues that states should consider with respect to public health and safety in the reform of marijuana prohibition, and especially in (indirectly) suggesting that the federal government play a more active and productive role as states continue to move forward with reforms.  I think the Obama Administration was remiss when failing to set up a task force or study group on these critical health and safety issues when modern state marijuana reforms were heating up, and the Trump Administration also seems content to continue to ignore these issues all while Congress cannot itself move forward on any production reforms at the federal level.

February 25, 2019 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Monday, February 18, 2019

"High Time for Criminal Justice Reform: Marijuana Expungement Statutes in States with Legalized or Decriminalized Marijuana Laws"

The title of this post is the title of this new paper by Alana Rosen now available via SSRN.  Here is the paper's abstract:

As states continue to legalize or decriminalize recreational marijuana, there is a chasm within our society. One segment of the population can use, possess, transport, and cultivate marijuana without fear of prosecution.  Another segment of the population suffers from the collateral consequences of previous marijuana-related offenses.  This Article argues that any state that enacts marijuana legalization or decriminalization statutes should automatically include an expungement provision that clears the criminal record of individuals who engaged in activities now deemed lawful under the new legalization and decriminalization laws.

This Article proposes model language for an expungement statute that serves as a guide for legislators, judges, and attorneys.   The proposed expungement statute will help individuals obtain access to opportunities and benefits now denied them because of their marijuana-related criminal records including employment, professional licenses, financial aid, public housing, travel abroad, firearms’ purchases, the right to vote, and jury service.  Changes to the law will also benefit communities that have been disproportionately targeted by the War on Drugs and marijuana prohibition.

Regular readers surely know from my repeated mention of my article, "Leveraging Marijuana Reform to Enhance Expungement Practices," that I am especially interested in how marijuana reform is now intersecting with criminal justice concerns and should advance criminal justice reform efforts. I am so pleased to see another article on this topic, and I hope to soon see many more. I do not think this issue can get too much attention.

February 18, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (0)

Monday, February 11, 2019

"Marijuana Enforcement in New York State, 1990-2017"

Logo (1)The title of this post is the headline of this notable new research brief produced by the Data Collaborative for Justice at the John Jay College of Criminal Justice.  This brief provides lots of interesting data within this research project, and it starts with these four "key findings":

KEY FINDINGS

1.  The number and rate of arrests for marijuana possession were higher in 2017 than in 1990 for the State as a whole and for New York City, Upstate Cities and the Rest of the State but the number and rate of arrests were lower in 2017 than the peaks in New York City and Upstate Cities;

2.  In 2017, in New York City, the vast majority of misdemeanor marijuana possession arrests (~93%) were for possession of marijuana in public view or public consumption whereas for the Upstate Cities and the Rest of the State, significant percentages of misdemeanor marijuana possession arrests were for possession of between 25 grams to 8 ounces (~60% and ~30% respectively);

3.  At the state-level, 18-20 year-olds consistently had the highest rates of arrest for marijuana possession, mostly driven by the higher rates of arrest for this group in New York City, but there was more variability by age in Upstate Cities and the Rest of the State; and

4.  Across all three geographic areas, Blacks and Hispanics consistently had higher rates of arrest for misdemeanor marijuana possession compared to Whites, these racial differences in arrest rates widened over the study period and, in 2017, the racial differences in arrest rates were wider for the Upstate Cities and the Rest of the State compared to New York City.

February 11, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues | Permalink | Comments (1)

Thursday, February 7, 2019

More on the forces that have shaped views on marijuana

Download (6)In this post last month, I blogged  this interesting new paper, titled ""How and why have attitudes about cannabis legalization changed so much?", which was recently published in Social Science Research and was authored by Jacob Felson, Amy Adamczyk and Christopher Thomas. I am not pleased to see that the authors of this research have this new piece at The Conversation under the headline "Why do so many Americans now support legalizing marijuana?". Here are excerpts (with links from the original) from this reader-friendly account of their interesting research:

American views on marijuana have shifted incredibly rapidly. Thirty years ago, marijuana legalization seemed like a lost cause. In 1988, only 24 percent of Americans supported legalization.

But steadily, the nation began to liberalize. By 2018, 66 percent of U.S. residents offered their approval, transforming marijuana legalization from a libertarian fantasy into a mainstream cause. Many state laws have changed as well. Over the last quarter-century, 10 states have legalized recreational marijuana, while 22 states have legalized medical marijuana.

So why has public opinion changed dramatically in favor of legalization? In a study published this February, we examined a range of possible reasons, finding that the media likely had the greatest influence....

What has likely made the biggest difference is how the media has portrayed marijuana. Support for legalization began to increase shortly after the news media began to frame marijuana as a medical issue....

In the 1980s, the vast majority of New York Times stories about marijuana were about drug trafficking and abuse or other Schedule I drugs. At that time, The New York Times was more likely to lump marijuana together in a kind of unholy trinity with cocaine and heroin in discussions about drug smuggling, drug dealers and the like.

During the 1990s, stories discussing marijuana in criminal terms became less prevalent. Meanwhile, the number of articles discussing the medical uses of marijuana slowly increased. By the late 1990s, marijuana was rarely discussed in the context of drug trafficking and drug abuse. And marijuana had lost its association with other Schedule I drugs like cocaine and heroin in the New York Times. Gradually, the stereotypical persona of the marijuana user shifted from the stoned slacker wanting to get high to the aging boomer seeking pain relief....

As Americans became more supportive of marijuana legalization, they also increasingly told survey researchers that the criminal justice system was too harsh.

In the late 1980s, the “war on drugs” and sentencing reform laws put a large number of young men, often black and Latino, behind bars for lengthy periods of time. As Americans started to feel the full social and economic effects of tough-on-crime initiatives, they reconsidered the problems with criminalizing marijuana.

Because support for the legalization of marijuana and concerns about the harshness of the criminal justice system changed at about the same time, it’s difficult to know what came first. Did concern about the harshness of the criminal justice system affect support for legalization – or vice versa?

By contrast, the cause and effect is clearer with respect to the media framing of marijuana. The news media’s portrayal of marijuana began to change shortly before the public did, suggesting that the media influenced support for the legalization of marijuana.

Prior related post:

"How and why have attitudes about cannabis legalization changed so much?"

February 7, 2019 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (3)

Tuesday, February 5, 2019

"Qualifying Conditions Of Medical Cannabis License Holders In The United States"

The title of this post is the title of this notable new article appearing the jounral Health Affairs and authored by Kevin Boehnke, Saurav Gangopadhyay, Daniel Clauw, and Rebecca Haffajee. Here is its abstract:

The evidence for cannabis’s treatment efficacy across different conditions varies widely, and comprehensive data on the conditions for which people use cannabis are lacking.  We analyzed state registry data to provide nationwide estimates characterizing the qualifying conditions for which patients are licensed to use cannabis medically.  We also compared the prevalence of medical cannabis qualifying conditions to recent evidence from the National Academies of Sciences, Engineering, and Medicine report on cannabis’s efficacy in treating each condition.  Twenty states and the District of Columbia had available registry data on patient numbers, and fifteen states had data on patient-reported qualifying conditions.

Chronic pain is currently and historically the most common qualifying condition reported by medical cannabis patients (64.9 percent in 2016).  Of all patient-reported qualifying conditions, 85.5 percent had either substantial or conclusive evidence of therapeutic efficacy.  As medical cannabis use continues to increase, creating a nationwide patient registry would facilitate better understanding of trends in use and of its potential effectiveness.

February 5, 2019 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research | Permalink | Comments (0)

Monday, February 4, 2019

A month's worth of interesting headlines and stories ... from just last week

Tuesday, January 29, 2019

AG-nominee Bill Barr reiterates (with nuance) commitment to non-enforcement of federal marijuana prohibition in reform states

AG-Candidate-William-Barr-Just-Stated-His-Position-on-Marijuana__FocusFillWzExNzAsNjU4LCJ5Iiw2MV0Tom Angell has this effective Forbes report, headlined "Trump Attorney General Pick Puts Marijuana Enforcement Pledge In Writing," spotlighting that the next US Attorney General has made clear his inherent commitment to respecting state-level marijuana reforms. Here are the details:

William Barr, President Trump's nominee to serve as the next U.S. attorney general, made headlines earlier this month when he pledged during his Senate confirmation hearing not to "go after" marijuana companies that comply with state laws.

Now, in response to written questions from senators, Barr is putting that pledge on paper, in black and white. He's also calling for the approval of more legal growers of marijuana for research, and is acknowledging that a recent bill legalizing hemp has broad implications for sale of cannabis products.

"As discussed at my hearing, I do not intend to go after parties who have complied with state law in reliance on the Cole Memorandum," he wrote, referring to Obama-era cannabis enforcement guidance that then-Attorney General Jeff Sessions rescinded last year.

That said, Barr isn't committing to formally replacing the Cole Memo, which generally directed federal prosecutors not to interfere with state marijuana laws, with new guidance reiterating the approach. "I have not closely considered or determined whether further administrative guidance would be appropriate following the Cole Memorandum and the January 2018 memorandum from Attorney General Sessions, or what such guidance might look like," he wrote in response to a question from Sen. Cory Booker (D-NJ). "If confirmed, I will give the matter careful consideration."

And Barr, who previously served as attorney general under President George H. W. Bush, says it would be even better if Congress got around to addressing the growing gap between state and federal marijuana laws. "I still believe that the legislative process, rather than administrative guidance, is ultimately the right way to resolve whether and how to legalize marijuana," he wrote in a compilation of responses delivered to the Senate Judiciary Committee on Sunday.

But even as Barr reiterated that he wouldn't go after people and businesses that benefited from the Cole memo, he voiced criticism of policy directives like it and of the idea of legalization in general. "An approach based solely on executive discretion fails to provide the certainty and predictability that regulated parties deserve and threatens to undermine the rule of law," Barr wrote in response to a question from Sen. Dianne Feinstein (D-CA). "If confirmed, I can commit to working with the Committee and the rest of Congress on these issues, including any specific legislative proposals. As I have said, however, I do not support the wholesale legalization of marijuana."

Nonetheless, legalization advocates were happy to see the nominee reiterating his non-enforcement pledge when it comes to state-legal businesses. "It’s positive to see Barr make the same commitments on marijuana enforcement in writing as he did in the hearings," Michael Collins, director of national affairs for the Drug Policy Alliance, said. "My hope is that he sends this message to all federal prosecutors so that states are given space to reform their outdated, broken, racist marijuana laws, and the country can turn the page on prohibition."

January 29, 2019 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Saturday, January 26, 2019

Reviewing the now "mainstream" and "trendy" (and still uncertain) new world of CBD products

Download (3)NBC News has this new article, headlined "CBD goes mainstream as bars and coffee shops add weed-related drinks to menus," that is worth a read, and I especially liked its closing paragraph. Here are excerpts:

Coffee. Cocktails. Lotion. Dog treats. You name it, CBD is probably in it.

CBD, short for cannabidiol, is a compound found in the cannabis plant.  It promises to deliver the calming benefits of marijuana without the high that comes from THC.  Companies are adding CBD to just about everything — a trend set to accelerate as regulations ease and consumer interest grows.

Most CBD is now federally legal thanks to the farm bill President Donald Trump signed in December. Companies still aren't supposed to add CBD to food, drinks and dietary supplements, but many are doing it anyway.  The Food and Drug Administration has said it plans to continue enforcing this ban but will also look into creating a pathway for such products to legally enter the market.

Some users swear by it, saying it relieves their anxiety, helps them sleep and eases their pain.  And forget stoner stereotypes when thinking about CBD. Moms and even pets are experimenting with it.  One research firm, Brightfield Group, expects the CBD market to reach $22 billion by 2022.

However, most of our current understanding of CBD is anecdotal — not proven through scientific studies.  And because CBD products aren't yet regulated, the quality can vary widely. "There's a lot of interest and excitement, for good reason, but I think people are pushing it too hard, too fast and are overgeneralizing things," said Ryan Vandrey, a professor at Johns Hopkins who studies the behavioral pharmacology of cannabis.

We don't know what exactly CBD interacts with in the brain or the body, but researchers do know that CBD tends to turn down abnormal signaling in the brain, said Ken Mackie, a psychological and brain sciences professor at Indiana University.  That's why CBD may help with epilepsy, anxiety and sleep. CBD and other cannabis compounds tweak systems in the body, a process he compares to lowering the volume. Other compounds, like opioids, ketamine and nicotine, simply turn them on and off.

There isn't much clinical research on the safety and efficacy of CBD. Studying cannabis has been challenging because it's technically illegal under federal law, meaning researchers must overcome a number of hurdles in order to study it.  We don't know anything about indications like sleep, anxiety or pain, Vandrey said.

We do know it's safe and effective in treating seizures in children with Lennox-Gastaut syndrome or Dravet syndrome. GW Pharma studied its CBD-derived drug, Epidiolex, in numerous clinical trials.  After reviewing the company's science, the Food and Drug Administration approved Epidiolex in June.

The lack of clinical evidence hasn't stopped consumers from trying it — and raving about it.  "It's always nice to have strong proof in placebo controlled trials, but if someone's taking a drug and feeling any benefit, more power to them," Mackie said....

The farm bill signed in December legalized hemp. Most CBD hitting shelves is derived from the hemp plant, which contains less than 0.3 percent THC, the psychoactive chemical in weed. Hemp's close cousin, marijuana, can contain upwards of 10 percent THC. So you can't get high from CBD products if the proper dosage is followed, but the industry isn't regulated on a federal level so the amount of THC can vary.

Doses can vary, too. Some shops recommend six milligrams of CBD when taken as a tincture or added to food. Others recommend at least 30. Again, since there isn't much clinical research on CBD, most of the recommendations are based on trial and error.

As more people dabble with CBD, more people are following the money, worrying some that bad products will enter the market and taint CBD's allure. Or worse, harm consumers. "There does need to be some sort of regulatory framework for overall product safety and to protect the customer from purchasing products that contain false advertisements or make unsubstantiated claims," said Pamela Hadfield, co-founder of HelloMD, a medical cannabis company, while cautioning against strict regulations that would be "too difficult for most manufacturers to comply."

Joe Masse, beverage director at The Woodstock bar, added a CBD cocktail to the menu in September. Called The White Rabbit, the drink is made with Bombay Dry Gin, sage simple syrup, honey, fresh lemon juice and 1 milligram of CBD oil.... "It's trendy right now, so I don't know how it will be in six months when we redo the menu," Masse said. "A year ago, activated charcoal was popular and now you can't find it anywhere."

Because I am not hip enough to know that "sctivated charcoal" was once, and now is no longer, a big deal, I am not the right person to be predicting the trend lines on the CBD trend.  But I do know how important and likely unpredictable it will be to see the FDA and/or state regulatory players take on CBD products and marketing in the wake of the new Farm Bill.  Just another important front to watch in the coming months and years and marijuana products and industry players continue to emerge from prohibition's shadow.

January 26, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Food and Drink, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, January 20, 2019

"If Weed Is Medicine, So Is Budweiser: Legalize marijuana, but don’t pretend it’s therapeutic."

Bach-peter_1The title of this post is the headline of this provocative Wall Street Journal commentary authored by Peter Bach, "a pulmonary physician at Memorial Sloan Kettering Cancer Center in New York [who] directs the Center for Health Policy and Outcomes."  Here are excerpts:

Ten states and the District of Columbia have legalized recreational marijuana use, and another eight look likely to do so in 2019.  I favor the move but am troubled by the gateway to it: All these jurisdictions first passed laws permitting the use of “medical” marijuana.  We should set the record straight, lest young people (and old ones) think marijuana is good for you because it is wrongly labeled a medication.

Actual medicines have research behind them, enumerating their benefits, characterizing their harms, and ensuring the former supersedes the latter.  Marijuana doesn’t.  It’s a toxin, not a medicine.  It impairs judgment and driving ability.  It increases the risk of psychosis and schizophrenia.  Smoking it damages the respiratory tract.  A 2017 report from the National Academy of Medicine called the evidence for these harms “substantial.”

Claims that marijuana relieves pain may be true.  But the clinical studies that have been done compare it with a placebo, not even a pain reliever like ibuprofen.  That’s not the type of rigorous evaluation we pursue for medications.  What’s more, every intoxicant would pass that sort of test because you don’t experience pain as acutely when you are high.  If weed is a pain reliever, so is Budweiser.

Some advocates say marijuana is better than opiates for pain.  Yet while opiates have risks, there are no studies comparing them to marijuana, and untested claims in medicine don’t get the benefit of the doubt.  Testing such a hypothesis often disproves it.

Decades ago, several studies suggested that marijuana might relieve nausea in chemotherapy patients.  But again most compared it with a placebo, while a few compared it with older nausea treatments not used today. None were very convincing. More important, no study has compared marijuana to today’s Neurokinin-1 antagonists. While such treatments are sometimes ineffective, that shortcoming doesn’t impart efficacy on marijuana either.

In writing medical-marijuana laws, state lawmakers and initiative authors have gone well beyond pain and nausea control, lauding the plant as an effective treatment for a long list of conditions, including hepatitis, Alzheimer’s and Parkinson’s.  Beyond the lack of data, what these conditions have in common isn’t biology, but modern medicine’s failure to treat them satisfactorily.  Heartbreaking as that is, marijuana isn’t the answer....

Marijuana belongs in the same category as alcohol and tobacco — harmful products that adults can choose to enjoy....  Decades passed before we took on smoking and drinking with education, labeling and other forms of regulation.  But it worked, and deaths from lung cancer, heart disease and alcohol-associated accidents are in sharp decline. We need this same approach with marijuana.  Acknowledging that it is not a medicine is a necessary first step.

I think it valuable and important to highlight ways in which many of the forms of the plant cannabis, at least right now, is not comparable to the kinds of medicines we access at a drug store.  But it is also important to highlight ways in which medical marijuana laws do not treat marijuana as comparable to other medicines. For starters, public and private health insurance systems general do not help cover the cost of marijuana used medicinally and there are all sorts of distinctive limits on the whos and hows of medical marijuana access.  In many ways, all modern medical marijuana laws are still just elaborate variations on the original law created by California in 1996, which simply created a limited exception to marijuana prohibition for those eager to try marijuana for various therapeutic purposes. Had marijuana never been criminalized, there would have been no need to seek exceptions from prohibition for medical uses (and, it bear recalling, there was much discussion and special laws around alcohol access for medical use during the Prohibition era).

January 20, 2019 in History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Medical community perspectives, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (4)