Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, April 8, 2020

"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.

 

April 8, 2020 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate | Permalink | Comments (0)

Wednesday, April 1, 2020

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

April 1, 2020 in History of Marijuana Laws in the United States, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Thursday, March 26, 2020

In a post-COVID economy, will job creation and tax revenue from marijuana reform become irresistible?

6b8d8e30-6f74-11ea-a7be-e45c6843ab56Even before we have a real handle on the public health tragedy created by the coronavirus in the US, the economic fallout is already profound as represented by just one headline this morning: "A record 3.3 million Americans filed for unemployment benefits as the coronavirus slams economy."  The Chair of the Federal Reserve is now saying "We may well be in a recession,” and the Treasury Secretary has been talking about a possible 20% unemployment rate.  Though I do not know how extreme will be our economic struggle in the weeks and month ahead, I do know that advocates for marijuana reform are likely to waste no time stressing the potential job creation and tax revenue benefits from marijuana reform.  As this title of this post suggests, I cannot help but wonder if in many states, and maybe even at the federal level, an economic development argument for marijuana reform may start to become nearly irresistible.

I do not have the time right now to do a comprehensive review of pre-COVID press pieces and articles and reports making much of the varied potential economic benefits of marijuana reform.  But this haphazard collection of titles and links provides a flavor for what I expect we will be hearing a lot from marijuana reform advocates in the weeks and months ahead:

"The Economic Benefits of Legalizing Weed"

"Cannabis Is Becoming A Huge Job Creator"

"Using Marijuana Revenue to Create Jobs"

"Legal Marijuana Is A Boon To The Economy, Finds Study"

"Why Legalizing Marijuana Could Give the U.S. Economy a Big Boost"

"The Economic Effects of the Marijuana Industry in Colorado"

"The National Cannabis Economy"

"The marijuana industry looks like the fastest-growing job market in the country"

"The Other Green Jobs: Legal Marijuana and the Promise of Consumption-Driven Economic Development"

UPDATE:  I just saw this new Yahoo Finance article headlined "Coronavirus could accelerate US cannabis legalization."  Here are excerpts:

DataTrek Research’s Jessica Rabe writes in a note, “there’s a simple and effective solution for states and cities to help cover their huge budget shortfalls after the COVID-19 pandemic subsides: legalize recreational sales of marijuana.”...

“We’ve been thinking a lot about how life will change post-virus, and one big difference will be that state and local governments are going to encounter large unexpected tax receipt shortages,” Rabe wrote.  “That’s particularly true when it comes to sales and income taxes amid stressed consumer balance sheets and massive layoffs. And unlike the Federal government, states can’t print unlimited amounts of money.”

Legalization of cannabis for adults, Rabe points out, could be a really easy way to shore up tax basis without driving people out of state, as raising income tax might do. Already it has been successful at raising “hundreds of millions of dollars annually in states like Colorado,” she said. 

March 26, 2020 in Employment and labor law issues, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Taxation information and issues , Who decides | Permalink | Comments (0)

Noticing post-reform pattern of federal marijuana prosecutions ... and realizing what it really tells us about the modern drug war

Screen-Shot-2020-03-24-at-7.30.34-AM-1024x668Over at my sentencing blog, I noted here that the US Sentencing Commission this week released its national yearly data on federal sentencing for Fiscal Year 2019.  I am extremely pleased to see that Kyle Jaeger at Marijuana Moment has already drilled into this data in this post titled "Feds Prosecuted Even Fewer Marijuana Cases In 2019 As More States Legalize, New Data Shows."  Here are excerpts:

Federal prosecutions for marijuana trafficking declined again in 2019, and drug possession cases overall saw an even more dramatic decline, according to a new report published by the U.S. Sentencing Commission on Monday.

While drug cases still represent the second most common category of crimes in the federal criminal justice system, the data indicates that the bulk of those instances are related to methamphetamine trafficking, which has steadily increased over the past decade.

But for marijuana, a different kind of trend has emerged.  As more states have moved to legalize cannabis, federal prosecutions have consistently declined since 2012.   To illustrate the shift, marijuana trafficking cases represented the most common drug type that was pursued in 2012, with about 7,000 cases.  As of fiscal year 2019, those cases are now the second least common, with fewer than 2,000 cases.

Notably, the year of that peak, 2012, was when Colorado and Washington State became the first to legalize for recreational purposes.  Though the report doesn’t attempt to explain why cannabis cases are on the decline, advocates have postulated that state-level marijuana reform has helped curb illicit trafficking by creating a regulated market for consumers to obtain the products. “Twenty-five percent of the public now live in jurisdictions where the sale of marijuana to adults is legal,” Justin Strekal, political director of NORML, told Marijuana Moment. “Of course there will be a corresponding drop in the number of illegal sales.”

Another possibility is that evolving public opinion and state policies have contributed to a shift in perspective among prosecutors, who may no longer wish to prioritize enforcing cannabis prohibition in the era of legalization.  While all marijuana sales — even in states with legalization laws — remain federally prohibited, the Trump administration has in practice continued the Obama-era approach of generally not interfering with the implementation of local policies even though then-U.S. Attorney General Jeff Sessions formally rescinded a memo on the topic from the prior administration.

In any case, the new U.S. Sentencing Commission report also shows a broader decline in drug possession cases in general. In fact, the most significant reduction in crime category for 2019 was drug possession, which fell from 777 federal cases the previous year down to 563 — a 28 percent drop....  While marijuana trafficking cases decreased, the average sentence for a conviction increased by two months, from 29 to 31.  Overall, drug trafficking prosecutions did increase by about 1,000 cases in 2019, though again that’s largely attributable to an increase in methamphetamine-related prosecutions.

This discussion of new federal data — particularly the notion that state-level marijuana reforms "helped curb illicit trafficking by creating a regulated market for consumers to obtain the products — elides the important reality that ALL state-legal marijuana stores are stilled engaged in "illicit trafficking" under federal law.  I stress this point because there are more than 10,000 federally-illegal (and state-licensed) marijuana businesses in just the states of California and Oklahoma alone.  Save for limits in a spending rider (which Prez Trump has sought to disavow), the US Department of Justice could decide to prosecute many thousands of the out-in-the-open marijuana dealers (most of whom have given states all their marijuana dealing plans in writing in order to get a state license).

I make this point because I mean to stress that the major decline in federal marijuana prosecutions over the last decade does not demonstrate that there are fewer federal marijuana crimes taking place in the US.  Rather, it seems clear that there are now many more, and many more obvious, federal marijuana crimes taking place in the US, and there is also reason to fear that "fully illicit" marijuana activity (dealing that does not even comply with state laws) may not be in decline in any way.  And yet we see this marked decline in federal marijuana prosecutions simply because federal prosecutors, quite soundly in my view, simply believe it is an ever-less-good use of their time to be prosecuting all the marijuana offenders who continue to grow their drug-dealing businesses in plain view.  

March 26, 2020 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, March 25, 2020

New Brookings paper envisions a "Cannabis Opportunity Agenda"

2020At Brookings, Makada Henry-Nickie and John Hudak have this interesting new brief as part of  its "Policy 2020" series titled "It is time for a Cannabis Opportunity Agenda." Here is the paper's executive summary:

The 2020 election season will be a transformative time for cannabis policy in the United States, particularly as it relates to racial and social justice.  Candidates for the White House and members of Congress have put forward ideas, policy proposals, and legislation that have changed the conversation around cannabis legalization.  The present-day focus on cannabis reform highlights how the War on Drugs affected targeted communities and how reform could ameliorate some of those wrongs.  The national conversation on cannabis stands at a pivotal inflection point that provides policymakers and legislators with an extraordinary opportunity to establish a policy context wherein inclusive economic opportunities can thrive in tandem with responsible investments to redress longstanding harms.

When Congress works to remedy a discriminatory past or to rectify decades of institutionalized bias, it has an obligation to thoroughly consider implicit and explicit hurdles to equity.  Nowhere is this deliberation more critical than in drug policy reform.  For decades, the criminalization of drugs led to foreclosed opportunities for people of color who were disproportionately victimized by unequal criminal enforcement.  In 2013, police officers were 3.73 times more likely to arrest people of color for cannabis possession than whites.  Arrest disparities were even more egregious in some communities where Blacks were 8.3 times more likely than whites to be arrested for possession.  The racist roots of the War on Drugs inflicted significant collateral damage on minority groups, saddling young men and women of color with drug convictions — often before age 30 — and setting them on a course of institutionalized disadvantage because of the crippling, collateral consequences of criminal records.

Today, amidst a thriving state-legal cannabis industry, the same people hurt most by the drug war face the greatest barriers to participating in the emerging cannabis economy.  As elected officials consider how to reform the nation’s cannabis laws and rectify these serious socioeconomic and racial issues, they must erase any ambiguity about the protections, corrective actions, and inclusive opportunities intended to reverse the generation-long ills of the War on Drugs.  We argue that 2020 is an opportune moment to design a comprehensive pragmatic Cannabis Opportunity Agenda: a set of policies that addresses the social harms of marijuana prohibition and seeks to rehabilitate impacted communities with a focus on equity, opportunity, and inclusion.

March 25, 2020 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Tuesday, March 24, 2020

Just some of the latest headlines highlighting how COVID-19 is changing the marijuana reform world

I suspect regular readers have an inkling for why I have not blogged in this space for a few weeks.  For this blogger, the new coronavirus world has meant a lot more time spent rescuing kids from shuttered colleges, gearing up for online classes, and lots of blogging at Sentencing Law & Policy about the impact of the virus on our criminal justice systems.  Because a lot of organizations and journalists spend a lot of time covering marijuana news, I have not tried to keep up here with all the ways in which the COVID-19 is changing the marijuana reform world.

That all said, I think it useful to keep up with news in this space, if only to document how this historical moment is being captured in news stories and headlines.  So, as social distancing turns into lockdowns and as stimulus package proposals get closer to becoming law, here is a sampling:

From Boston.com, "Charlie Baker order lets medical marijuana shop stay open, but shuts down recreational sales"

From Business Insider, "Cannabis site Leafly just laid off nearly 40% of its workforce as coronavirus upends the marijuana industry"

From CNN Business, "Cannabis advocates to governors: Our businesses are 'essential'"

From Forbes, "Coronavirus Crisis Shows Marijuana Is ‘Essential’ And Mainstream"

From MLive, "Michigan is smoking more marijuana than any other state during coronavirus pandemic, survey says"

From Marijuana Business Daily, "Coronavirus outbreak could delay marijuana legalization along East Coast, other states"

From Marijuana Business Daily, "Adult-use cannabis sales plunge after briefly hitting new heights on coronavirus concerns"

From Marijuana Moment, "Marijuana Industry Pleads For Access To Federal Coronavirus Business Relief"

From Marijuana Moment, "Nebraska Medical Marijuana Campaign Suspended Due To Coronavirus"

From Westworld, "Ask a Stoner: Quarantining Proves We Should Grow Our Own"

UPDATEThese topics made the New York Times this afternoon: "Is Marijuana an ‘Essential’ Like Milk or Bread? Some States Say Yes"

March 24, 2020 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, February 19, 2020

"The Controlled Substances Act at 50 Years" ... available for LIVESTREAMING

CSA at 50_socialThe title of this post is the title of this amazing conference taking place later this week (February 20-22, 2020) at the Arizona State University Sandra Day O’Connor College of Law in Phoenix, Arizona.  I have had the pleasure and honor of working with the amazing team at The Ohio State University's Drug Enforcement and Policy Center (@OSULawDEPC ), along with the also amazing team at ASU's Academy for Justice (@Academy4Justice), to put together an amazing and diverse array of panels and workshops on all sorts of topics relating to the past, present and future of the CSA's development, implementation and enforcement.

The basic agenda for the event can be found at this page, which should alone make you want to register here.   I am especially pleased and excited by this list of speakers who are participating.  I do not think I could overstate the amount of wisdom and insight on drug laws and policies that will be assembled in Phoenix for this event.   And here is a brief overview from the event webpage:

Roughly a century ago, in response to growing concerns about drug use, the federal government enacted its first drug control law in the Harrison Narcotics Act of 1914.  Subsequent decades saw Congress continue to pass drug control legislation and criminalize drug abuse, but by the 1960s there was growing interest in more medical approaches to preventing and responding to drug abuse.  Upon his election, President Richard Nixon prioritized the reduction of drug use: in rhetoric, he spoke of a so-called “war on drugs”; in policy, he pushed for a new comprehensive federal drug law in the form of The Controlled Substances Act (CSA), enacted as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970.

The CSA emerged from a widespread, bipartisan view that comprehensive legislation was needed to clarify federal drug laws, and its centerpiece was a comprehensive scheduling system for assessing and regulating drugs in five schedules defined in terms of substances’ potential for abuse and dependence, and possible medical use and safety.  In design, the CSA was intended to prioritize a scientific approach to drug prohibition and regulation by embracing a mixed law-enforcement and public-health approach to drug policy.  But in practice, the US Justice Department came to have an outsized role in drug control policy, especially as subsequent “tough-on-crime” sentencing laws made the CSA the backbone of a federal drug war in which punitive approaches to evolving drug problems consistently eclipsed public health responses.

Although the federal drug war has been controversial since its inception, the CSA’s statutory framework defining how the federal government regulates the production, possession, and distribution of controlled substances has endured.   As we mark a half-century of drug policy under the CSA, the Academy for Justice at the Arizona State University Sandra Day O’Connor College of Law and the Drug Enforcement & Policy Center at The Ohio State University Moritz College of Law are together sponsoring a conference to look back on how the CSA has helped shape modern American drug laws and policies and to look forward toward the direction these laws could and should take in the next 50 years.

UPDATE: I am moving this post to the top of the page because this awesome conference starts soon and I can now provide this link with its own links to the livestream for each of the panels. I think every part of the conference will be amazing, but marijuana fans might be especially drawn to Friday (Feb 21) afternoon's "Town Hall on Marijuana in 2020: Legalization and Regulation" 3:30pm-4:30pm (Arizona Time). 

February 19, 2020 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (2)

"Colorado marijuana sales hit a record $1.75 billion in 2019: Cannabis sales have now reached a total of $7.79 billion in the 6 years since legalization"

Growing-your-moneyThe title of this post is the full headline of this new Denver Post piece, which provides a reminder of how easy it is to identify (some) economic metrics that follow from marijuana reform. Here are the details:

Last year was the most lucrative 12 months for cannabis sales in Colorado since the state’s voters legalized recreational marijuana.  Medical and recreational cannabis sales hit a record $1.75 billion in 2019, up 13% from 2018, according to data from the Department of Revenue’s Marijuana Enforcement Division.  Marijuana tax collections also hit an all-time high, at more than $302 million in 2019.

December closed out the year with strong sales totaling more than $144 million, up 6.7% compared to the previous year.  But that wasn’t the biggest month of 2019; instead, August topped the calendar year with $173 million in sales.  All told, Colorado marijuana sales now have hit $7.79 billion since recreational sales began in 2014.

Truman Bradley, the newly appointed executive director of the Marijuana Industry Group, said the revenue increases in Colorado track with expectations. “People are moving from the unregulated market to the regulated market,” Bradley said. “As reefer madness goes away, as the stigmatism of cannabis reduces and people come over to the regulated market, I would expect that trend to continue.”

Since January 2014, Colorado’s cannabis industry has generated $1.21 billion in tax revenue.  Those taxes are allocated to the state’s public education fund, which covers initiatives such as the Colorado Department of Education’s Building Excellent Schools Today (BEST) fund; the state general fund, which covers agencies’ expenses; and the marijuana tax fund, which benefits programs related to substances abuse and treatment, health research, youth education and more.  Tax revenues also benefit local governments.

In recent posts (here and here and here) and in my marijuana seminar, I have been exploring in various ways what might be the proper metrics for assessing medical marijuana reform regimes.  This new data from Colorado, in turn, prompts similar questions about assessing recreational reform regimes.   I am inclined to believe these numbers represent positive economic realities like increased employment, wealth and valuable wealth reallocation via taxes.  But public health experts might see these numbers as representing negative health trends and they might also perhaps demonstrate problematic wealth reallocation from the vulnerable to the already privileged.

February 19, 2020 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Taxation information and issues | Permalink | Comments (0)

Monday, January 27, 2020

"A Brief Global History of the War on Cannabis"

Cover-2I have started another semester of my Marijuana Law and Policy seminar at The Ohio State University Moritz College of Law, and early in the semester I spend considerable time exploring the history of all sort of drug laws (including, of course, those dealing with alcohol and so-called harder drugs).  Thus, I was very pleased this week to see this new extended posting at the MIT Press Reader authored by Ryan Stoa (the author of “Craft Weed”).  I recommend the full piece, and here are excerpts from the start and end of the great piece:

Before the war on drugs put marijuana farmers firmly in its crosshairs, cannabis was being grown openly and with commercial success on every continent on earth, much as it had been for centuries.

This ancient and extensive history of cannabis farming has given rise to the idea that prohibitions put in place in the mid-20th century were the first of their kind — a whirlwind of racial, political, and economic forces that successfully used marijuana prohibition as a pretext for suppression.  By contrasting prohibition with our ancient history of cannabis farming, some historians make our modern-day drug laws appear irregular and shortsighted....

Yet, while unprecedented in scope, the United States’ war on drugs was not the first of its kind. The reality is that marijuana has been controversial for almost as long as humans have been farming it. Many societies throughout history have banned cannabis cultivation and use. What many of these crackdowns and prohibitions have in common is social and economic inequality, or a distrust of the unknown. When members of a minority or lower class embrace marijuana use, the ruling class moves to outlaw marijuana as a form of suppression and control. Marijuana is perceived to be a threat to the order of society, and stamping it out naturally begins with a prohibition on cultivation.

What many of these crackdowns and prohibitions have in common is social and economic inequality, or a distrust of the unknown.  As a case in point, the ancient Chinese might have been the first cannabis farmers — and, as far as we know, were the first to write about psychoactive marijuana — and yet they may also have been the first to reject it as a socially acceptable drug.  The rise of Taoism around 600 BCE brought with it a cultural rejection of intoxicants.  Marijuana was then viewed as antisocial, and derisively dismissed by one Taoist priest as a loony drug reserved for shamans.  The sentiment persisted into the modern era — to this day, marijuana struggles to disassociate itself with the stained history of opium in China....

The historical record illustrates that while many regions of the world have tolerated or embraced marijuana farming in the past, plenty of others have seen authorities attempt to exterminate farmers and their crops.  Targeting the first step in the supply chain is a logical starting point for prohibitionists, and marijuana’s role as an agent of religious, political, or economic change has long made it a threat to the established social order.

Our marijuana-farming ancestors of the past could have told us, based on experience, that when prohibitionists come after cannabis, they will do so in predictable ways. They will use rhetoric to associate the plant with violence, depravity, and other more dangerous drugs, as the European temperance movement did in France and Great Britain.  They will use a militarized show of force to eradicate crops, persecute farmers, and dissuade the next generation from growing marijuana, as the Ottomans did in Egypt.  They will portray marijuana users as religious extremists or dangerous minorities, as Pope Innocent VIII did in Europe, Sunni Muslims did in the Middle East, or white South Africans did in South Africa.  The best-case scenario, they might say, is that the authorities will turn a blind eye to the unstoppable forces of supply and demand, much as the Portuguese did in Brazil or the British did in India.

In telling us this, our marijuana-farming ancestors might as well have been writing the playbook for the 20th-century war on drugs.  The cannabis prohibition era in the United States did not invent this “greatest hits” collection of tactics that prohibitionists have been using for centuries; it simply brought them all together in one place, and injected them with more financial and military resources than any prohibition movement in history has ever seen.

January 27, 2020 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Who decides | Permalink | Comments (0)

Thursday, January 23, 2020

Should the public health community applaud shifts from alcohol to marijuana (and support cannabis beverages)?

960x0The question in the title of this post is prompted by this interesting recent Forbes piece headlined "Cannabis Taking A Larger Share Of Alcohol Industry Amid Concern Over Calories And Hangovers." Here are excerpts:

The growing concern over calories and hangovers is driving more millennials to replace alcohol with cannabis in their social life — a trend that pushes investors to increasingly eye the infused beverage industry as an opportunity.

A recent Monitoring the Future research found US millennials drink far less alcohol than previous generations: The percentage of college students who drink alcohol daily declined from 6.5% in 1980 to 2.2% in 2017.  By contrast, there was a significant increase in daily marijuana use among young US adults, especially during 2019, the research further revealed, resonating with the gradual legalization of medical and recreational marijuana across the country....

Financial services company Cowen predicts the sales of recreational cannabis in the US will increase more than 700% from $6 billion in 2016 to $50 billion in 2026, prompting beverage companies of all sizes, such as Ceria, to tap into the space to grow their profits.  Keith Villa, the creator of Blue Moon Brewing Company, launched Ceria in 2018 – a company produces a cannabis-infused and non-alcoholic craft beer brand Grainwave.  Breweries that manufactures similar products include Colorado-based New Belgium Brewing and Dad & Dude’s Breweria, as well as SweetWater Brewing Co. of Georgia.  Several mainstream CPG heavyweights, including Coca-Cola, PepsiCo and Mondelēz, also reportedly consider launching infused food products, but nothing so far has materialized.

These existing infused beverages in the market, however, do not appeal widely to consumers who are already frequent cannabis users, at least according to Jake Bullock, co-founder of cannabis-infused social tonic startup Cann.  Cann produces cannabis-infused beverage products that are low in calories.  “As a result, the mainstream consumer is not entering the market as quickly,” he wrote me via email, stressing the cannabis industry has lagged the growth projections many analysts and companies have made.  “It is clear that cannabis is here to stay and will only continue to penetrate existing markets and new states over time,” Bullock added....

The other element that prevents more people from exploring THC-added food is their confusion with CBD products.  The other co-founder of Cann, Luke Anderson, notes many consumers who are curious about cannabis turn to CBD to explore the plant, but often time, they don’t know the difference between the cannabinoids.  “This has created a lot of confusion in the market, with people thinking they would 'feel something' after trying a CBD-only product and not being able to tell what was physiologically happening versus a placebo effect,” he said.

“This experience may have discouraged people from exploring micro doses of THC, which are quite safe but give you a very palpable buzz.  While CBD products play in a crowded health and wellness segment of grocery aisles.”

Anderson said his company has aimed to reshape the alcohol industry with a small amount of THC in each can since it was first launched about a year ago.  Cann prides itself in balancing 2 mg of sativa-dominant hybrid THC and 4mg of CBD to provide a “sessionable experience” without high calories and the hangover.

When the modern marijuana reform movement got started, I was often in the habit of saying that it would likely be a "public health win" if a lot of alcohol use was replaced by marijuana use. This article suggest this is already happening, and I presume a growing cannabis beverage market would enhance the number of folks who might substitute cannabis for alcohol. But, as the question in this post title reveals, I am not knowledgeable enough about the public health literature to say for sure that these trends ought to be applauded.

January 23, 2020 in Food and Drink, History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Medical community perspectives | Permalink | Comments (0)

Monday, January 20, 2020

Taking stock of 2020 marijuana reform prospects in various states (and noting some significant omissions)

US-legalization-prospects-2020Jeff Smith over at MJBizDaily has this helpful article (with a helpful graphic) under the headline "Several states could legalize cannabis sales in 2020 as marijuana industry eyes lucrative East Coast market."  The article maps out the ten or so states that might move forward with adult-use legalization regimes in 2020 and also reviews the handful of states in which medical marijuana legalization might move forward this year.  Here is a snippet from the start of the piece:

Up to a dozen states could legalize adult-use or medical marijuana in 2020 through their legislatures or ballot measures, although only about a handful will likely do so.

Much of the cannabis industry’s focus will home in on a possible recreational marijuana domino effect along the East Coast, which could create billions of dollars in business opportunities.  Adult-use legalization efforts in New York and New Jersey stalled in 2019, but optimism has rekindled this year.

Potential legalization activity runs from the Southwest to the Dakotas to the Deep South. Mississippi in particular has a business-friendly medical cannabis initiative that has qualified for the 2020 ballot.

If even a handful of these state marijuana reforms move forward this year, it becomes that much more likely that some form of federal reform will have to follow. That reality is one of the theme of this lengthy new Politico article which also provides an accounting of potential state reforms under the full headline "Marijuana legalization may hit 40 states. Now what?: Changes in state laws could usher in even more confusion for law enforcement and escalate the pressure on Congress to act." Here is an excerpt:

More than 40 U.S. states could allow some form of legal marijuana by the end of 2020, including deep red Mississippi and South Dakota — and they’re doing it with the help of some conservatives.  State lawmakers are teeing up their bills as legislative sessions kick off around the country, and advocates pushing ballot measures are racing to collect and certify signatures to meet deadlines for getting their questions to voters.

Should they succeed, every state could have marijuana laws on the books that deviate from federal law, but people could still be prosecuted if they drive across state lines with their weed, because the total federal ban on marijuana isn’t expected to budge any time soon.  The changes could usher in even more confusion for law enforcement and escalate the pressure on Congress to act.  Federal bills are crawling through Congress, with Senate Majority Leader Mitch McConnell firmly against legalization....

“We’re cautiously optimistic that we can win more marijuana reform ballot initiatives on one Election Day than on any previous Election Day,” said Matthew Schweich, deputy director of the Marijuana Policy Project.  Schweich cited growing public support for the issue among both liberals and conservatives.  The measures that make the ballot could drive voter turnout at the polls and by extension affect the presidential election.

Liberal states that allow ballot petitions have largely voted to legalize marijuana, including California, Oregon and Massachusetts.  “Now, we’re venturing into new, redder territory and what we’re finding is voters are ready to approve these laws in those states,” said Schweich, who, along with leading legalization campaigns in Maine, Massachusetts and Michigan, served as the co-director of the medical marijuana legalization campaign in Utah.  “If we can pass medical marijuana in Utah, we can pass it anywhere.”

National organizations like his are eschewing swing states like Florida and Ohio, where the costs of running a ballot campaign are high during a presidential election. They are intentionally targeting states with smaller populations.  For advocates, running successful campaigns in six less-populous states means potentially 12 more senators representing legal marijuana states.  “The cost of an Ohio campaign could cover the costs of [four to six] other ballot initiative campaigns. Our first goal is to pass laws in as many places as we can,” Schweich said.

They can’t take anything for granted, however.  In Florida, where polling says two-thirds of voters want to legalize pot, one effort to gather enough signatures for a 2020 ballot measure collapsed last year, and a second gave up on Tuesday, saying there’s not enough time to vet 700,000 signatures.  Organizers are looking to 2022.  And many legislative efforts to legalize marijuana came up short in 2019, including in New York and New Jersey.  Those efforts were derailed in part over concerns about how to help people disproportionately harmed by criminal marijuana prosecutions, despite broad support from Democratic-controlled legislatures and the governors.

I fully understand the strategic and economic reasons why MPP and other national marijuana reform activist groups have chosen not to focus on big purple states like Florida and Ohio for full legalization campaigns. But these two states have unique long-standing and well-earned reputations as national swing states. Only if (when?) these kinds of big (reddish-purple) states go the route of full legalization will I think federal reform becomes unavoidable.

January 20, 2020 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Friday, January 10, 2020

Is 2020 really going to be "a defining year for the cannabis industry"?

Us-1231-1364894-frontThe question in the title of this post is promoted by this CNN Business piece which asserts in its headline "2020 could be a defining year for the cannabis industry."   I find myself a bit skeptical because it seems someone says every January that this year is going to be a defining one for marijuana reform.  But I do think there are reasons to see 2020 as an especially big year in this space, and here is part of the article:

2019 was a momentous year for the cannabis industry: Hemp-derived CBD had a heyday, Illinois made history, California got sticky, vapes were flung into flux, and North American cannabis companies received some harsh wake-up calls.

2020 is gearing up to be an even more critical year. There's a well-worn saying in the cannabis business that the emerging industry is so fast-moving that it lives in dog years. 2020 is barely a week old, and cannabis is already making headlines after Illinois kicked off the new year with recreational sales. Other states are inching closer to legalization this year -- with several mulling how best to ensure social equity. Also in 2020, there's the FDA could chill the CBD craze, and a move from Congress could change the game entirely....

Illinois will remain in focus, after it made history last year with the first legislatively-enacted recreational cannabis program. Critical aspects of its program include social equity and social justice measures created to help people and communities most harmed by the War on Drugs. "Underserved groups are holding the industry accountable," said Gia Morón, president for Women Grow, a company founded to further the presence of women in the cannabis industry. "And our legislators are recognizing that [social, gender and minority concerns] are a part of this now."

New York and New Jersey have been flirting with legalization but have held off to navigate some logistics related to aspects that include social equity. The governors of New York, New Jersey, Connecticut and Pennsylvania convened this past fall for a summit on coordinating cannabis and vaping policies. New Jersey is putting a recreational cannabis measure before voters in November, and Gov. Andrew Cuomo vowed Wednesday that New York would legalize cannabis this year....

CBD products have been all the rage, but they may be on shaky ground. CBD oils, creams, foods and beverages have seen an explosion in availability following the passage of the 2018 Farm Bill, which legalized hemp but left plenty of discretion to the US Food and Drug Administration, which regulates pharmaceutical drugs, most food items, additives and dietary supplements.

The FDA is reviewing CBD and has yet to issue formal guidance, although the agency has issued warning letters to CBD makers that make unsubstantiated health claims. Class action lawsuits have been filed against several CBD companies, including two of the largest, Charlotte's Web and CV Sciences, alleging they engaged in misleading or deceptive marketing practices, Stat News reported.

Cannabis insiders are closely awaiting the fate of industry-friendly bills such as the STATES Act, which would recognize cannabis programs at the state level, and the SAFE Banking Act, which would allow for banks to more easily serve cannabis companies. Those and other bills likely won't pass in full...

In addition to the promise of new markets, the evolution of established cannabis programs could also play a significant role in the cannabis business landscape. In California, the world's largest cannabis industry has developed in fits and starts. Regulators are taking aim at an entrenched illicit market as businesses decry tax increases and local control measures that limit distribution....

Canada's "Cannabis 2.0" roll-out of derivative products -- such as edibles, vapes and beverages -- is in its beginning stages. The Canadian publicly traded licensed producers that have been beset by missed and slow market development have bet heavily on these new product forms....

The capital constraints are expected to continue into the first leg of 2020 as some initial bets don't pan out for some companies, said Andrew Freedman, Colorado's former cannabis czar who now runs Freedman & Koski, a firm that consults with municipalities and states navigating legalization. Some companies' low points could create opportunities for other firms and investors that waited out the first cycle, Freedman said. "In 2020, I see that everybody will understand the economics of cannabis a little bit better," he said.

I am with Andrew Freedman in thinking that the realities of marijuana reform and the industry will, at best, become just "a little bit" clearer during 2020. In the end, I think what will matter most is who wins the White House and control of Congress in this big election year. If the status quo holds after the votes are counted, I do not expect to see federal reform anytime soon. But if new leadership takes over the White House or the Senate, then 2021 will become real interesting.

January 10, 2020 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, December 31, 2019

Illinois Gov pardons more than 11,000 people convicted of low-level marijuana crimes

Images (2)As reported in this local article, "On the day before recreational cannabis becomes legal in Illinois, Gov. J.B. Pritzker announced he was pardoning more than 11,000 people who had been convicted of low-level marijuana crimes." Here is more:

“When Illinois’ first adult use cannabis shops open their doors tomorrow, we must all remember that the purpose of this legislation is not to immediately make cannabis widely available or to maximize product on the shelves, that’s not the main purpose, that will come with time,” Pritzker said to a crowd at Trinity United Church of Christ on the Far South Side. “But instead the defining purpose of legalization is to maximize equity for generations to come.”

Pritzker, who has touted the social equity elements of the recreational pot law he signed this summer, was joined Tuesday by state, county and local leaders including Cook County State’s Attorney Kim Foxx, who has already begun the process of clearing the records of those with low-level marijuana convictions in her jurisdiction.

The 11,017 people pardoned by Pritzker will receive notification about their cases, all of which are from outside Cook County, by mail. The pardon means convictions involving less than 30 grams of marijuana will be automatically expunged.

Pritzker and other elected officials said they believe Illinois is the first state to include a process for those previously convicted of marijuana offenses to seek relief upon legalization of cannabis. “This is justice,” said Lt. Gov. Juliana Stratton. “And this is what equity is all about, righting wrongs and leveling the playing field.”...

Officials estimate there are hundreds of thousands of people with marijuana-related convictions in Illinois who could be eligible for relief. Those with criminal convictions can get a copy of their criminal record and start the process, though many of the cases will be automatically expunged by the state in the next couple of years.

The Illinois State Police are searching criminal records to identify eligible cases, which are then sent to the state’s Prisoner Review Board. After the board reviews the cases, the names of those eligible for relief are sent to the governor’s office to be considered for pardon. After Pritzker issues the pardon, the attorney general’s office automatically files petitions on the person’s behalf to expunge the records.

State’s attorney offices across the state are also being notified of eligible cases, which can then be vacated by a local judge. In Cook County, prosecutors are working with California-based Code for America to search for convictions involving less than 30 grams of cannabis. Those cases have resulted in both misdemeanor and Class 4 felony convictions....

Individuals with cases involving 30 to 500 grams of cannabis can also be eligible for relief, but the process won’t be automatic, instead requiring the person to file motions to vacate the conviction, according to the governor’s office.

While a pardon forgives a conviction, an expungement erases it from the public record. When a judge vacates a conviction, it overturns it as if it never happened. When a case is expunged, the case is hidden from public view, but it could be viewed by law enforcement if they obtained a court order.

Many of the elected officials noted that enforcement of marijuana-related offenses have disproportionately affected minorities. The Rev. Michael Pfleger, of St. Sabina Church on the South Side, said the elected officials on the stage had done their job, but it would be up to business leaders in the new industry to provide financial mobility for those individuals. “Employ these individuals," Pfleger said to the crowd. “Give them a job.”

Ald. Walter Burnett Jr., of the 27th Ward, noted that a pardon for an armed robbery conviction decades ago changed his life and allowed him to serve in public office. He invoked Martin Luther King Jr.'s words to describe how he felt when his record was expunged and how others might feel when they hear news of the pardons. “Free at last,” Burnett said. “Free at last. Thank God almighty, they are free at last.”

December 31, 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, Who decides | Permalink | Comments (0)

Monday, December 30, 2019

Reviewing the year that was 2019 with a round-up of reviews of the year (and decade) in marijuana reform

2019-marijuana-snowflake-ldThis holiday season has brought not only the usual "year in review" pieces, but also a number of "decade in review" accountings of big changes since the start of 2010.  Interestingly, I have not seen too many "decade in review" pieces focused on marijuana reform developments even though so much has happened in this space since 2010.  This new NBC News piece by Zachary Siegel, headlined "Opioids, pot and criminal justice reform helped undermine this decade's War on Drugs," covers some of this ground in a broader context.  Here is an excerpt:

If shame was a potent force in fighting against the company that oversold opioids, it was the shedding of stigmas that characterized the massive shift in public opinion toward marijuana in the past decade — which transformed more than that on just about any other policy across the American landscape.  In 2000, 63 percent of Americans said the use of marijuana should be illegal, according to polling from Pew Research Center.  By 2010, that number had dropped to 52 percent, and for the last 10 years it continued to plunge, shifting the balance in favor of marijuana. In 2019, a full two-thirds of Americans believed cannabis should be legal.

There is no way to characterize this but as a loss for the so-called War on Drugs.  Marijuana not only continued to be consumed — with nearly 55 million people who indulge, it’s one of the most widely used drugs — but now, thanks to the legalization drive, there’s a chance to right wrongs of the past.  For instance, once legalization goes into effect in Illinois on Jan 1, 2020, the city of Evanston will use tax revenue on cannabis to fund reparations for black residents....

So how did 80-year-old cannabis laws finally begin to crumble this past decade?  Though very different in properties and ill effects, marijuana’s image shifted for some of the same reasons that opioids changed the drug conversation in America: White people being criminalized, the medical industry having a role in how to calibrate use of the drug, and a feeling among both liberals and conservatives that filling up jails with users was a waste of lives and money.

Cannabis laws didn’t change all by themselves, and it’s important to recognize the role that grass-roots advocacy played.  “The remarkable progress of marijuana legalization over the past decade was driven not by for-profit interests but by people and organizations who care first and foremost about freedom, justice, compassion and human rights,” said Ethan Nadelmann, the founder and former director of the Drug Policy Alliance, the nonprofit that helped get cannabis on the ballot in numerous states.

There is, of course, so much more to say about the past decade in marijuana reform, way too much to say in a single book, let alone a single blog post.  Rather than try to cover all that ground, I will be content here to just link to a number of 2019 "year in review" pieces about marijuana reform:

From the National Law Review, "Puff, Puff, Passed: 2019 Marijuana Laws in Review and 2020 Projections"

From MG Magazine, "The Evolving Cannabis Industry: a 2019 Year-End Review"

From The Hill, "2019 was a historic year for marijuana law reform — here's why"

From JD Supra, "The Year in Weed: 2019 Edition"

From NORML, "2019 Year in Review: NORML's Top Ten Events in Marijuana Policy"

And from the Dayton Daily News, "Ohio medical marijuana: What happened in the first year"

December 30, 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 | Permalink | Comments (0)

Tuesday, November 19, 2019

US House Judiciary Committee to hold mark up of MORE Act proposing federal decriminalization of marijuana on Nov 20

6a00d8341bfae553ef0223c85155dc200c-320wiAs detailed in this press release, "House Judiciary Committee Chairman Jerrold Nadler (D-NY) [Monday] announced the Committee will hold a markup on Wednesday, November 20, 2019 of H.R. 3884, the Marijuana Opportunity Reinvestment and Expungement Act (MORE Act), comprehensive legislation to decriminalize marijuana at the federal level, reassess marijuana convictions, and invest in local communities. Senator Kamala Harris (D-CA) introduced the companion bill in the Senate."  Here is more about MORE moving forward legislatively:

Ahead of the markup, on Tuesday, November 19, 2019, Chairman Nadler, Rep. Barbara Lee (D-CA), Rep. Earl Blumenauer (D-OR) and additional Members of Congress, will hold a press conference to highlight the legislation.

"Our marijuana laws disproportionately harm individuals and communities of color, leading to convictions that damage job prospects, access to housing, and the ability to vote." said Chairman Nadler. "Recognizing this, many states have legalized marijuana.  It’s now time for us to remove the criminal prohibitions against marijuana at the federal level. That’s why I introduced the MORE Act, legislation which would assist communities disproportionately impacted by the enforcement of these laws. I am grateful for the leadership of Rep. Barbara Lee and Rep. Blumenauer, as well as other Members of Congress who have helped pave the way for this important measure. I look forward to moving this legislation out of the House Judiciary Committee, making it one step closer to becoming law."

"Our federal cannabis policies have been rooted in the past for far too long. As states continue to modernize how we regulate cannabis, Congress has a responsibility to ensure that our policies are fair, equitable, and inclusive," said Congresswoman Lee. "As Co-Chair of the bipartisan Cannabis Caucus, I am pleased to see Chairman Nadler and the Judiciary Committee take this historic step in marking up the Marijuana Opportunity Reinvestment & Expungement (MORE) Act. I’m pleased that this critical bill includes key tenets from my own legislation to right the wrongs of the failed and racist War on Drugs by expunging criminal convictions, reinvesting in communities of color through restorative justice, and promoting equitable participation in the legal marijuana industry. I applaud Chairman Nadler for his leadership and look forward to seeing this bill move out of committee."

Tuesday Press Conference on MORE Act

Date: November 19, 2019

Time: 11:00 a.m.

Location: Rayburn House Office Building Room 2237, Washington, D.C.  Live stream: https://www.facebook.com/HouseJudDems/

Wednesday Markup of the MORE Act

Date: November 20, 2019

Time: 10:00 a.m.

Location: Rayburn House Office Building Room 2141, Washington, D.C. Live stream: https://www.youtube.com/channel/UCVvv3JRCVQAl6ovogDum4hA

 

The Marijuana Opportunity Reinvestment and Expungement Act:

  • Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
  • Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
  • Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
    • The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment.  
  • The Cannabis Opportunity Grant Program: Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals.
  • The Equitable Licensing Grant Program: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
  • Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
  • Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
    • Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
  • Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
  • Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry. 

The full text of the MORE Act is available at this link.  Based on my email traffic, I know a lot of marijuana reform groups are very excited about this legislative development.  But I will await news that the full House will be voting on the bill, as well as some indication that the Senate might be interested in taking up any marijuana reform proposals, before thinking that federal reform is anywhere close to becoming a reality.

As noted in this prior post when the MORE Act was first introduced, I am excited that the  most comprehensive federal marijuana reform bill to be getting attention includes a provision (Section 5) establishing a "Cannabis Justice Office" within the within the federal Office of Justice Programs.  In my 2018 article, "Leveraging Marijuana Reform to Enhance Expungement Practices," I make the case for using marijuana revenues to help build an institutional infrastructure for helping to remediate the various harms from the war on drugs.  Though this proposed Cannabis Justice Office is not exactly what I had in mind, I am thrilled to see a major reform bill focus on creating an infrastructure for continued emphasis on justice and equity issues.

Prior related post:

New Marijuana Opportunity Reinvestment and Expungement Act envisions creating a Cannabis Justice Office

November 19, 2019 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (1)

Tuesday, November 5, 2019

Notable new poll explores Americans' views on CBD and marijuana

This new Politico piece reports on this interesting new polling that seems to me to present the deepest accounting of (shallow?) views on a range of cannabis related issues.  Here is part of the Politico piece: 

Americans now think marijuana is much less harmful than alcohol, tobacco or e-cigarettes, according to new polling results from POLITICO and Harvard’s T.H. Chan School of Public Health released Monday. Just 1 in 5 Americans believe marijuana is very harmful to people who use it. Twice as many said the same about alcohol, 52 percent characterized e-cigarettes as very harmful and 80 percent said tobacco cigarettes are very harmful....

The poll shows marijuana largely has avoided a perception hit following nearly 2,000 cases of vaping-related lung illnesses, including at least 37 deaths. The most recent numbers from the Centers for Disease Control and Prevention show that more than 80 percent of vaping products linked to lung problems contained THC — the psychoactive component of marijuana. Most of the vaping products tied to the outbreak were bought on the black market, although a handful of deaths have been tied to products purchased through state-legal marijuana dispensaries. The poll was conducted in early October, at least a month after news broke of health issues associated with vaping....

The market for CBD products has exploded since hemp was legalized under the 2018 farm bill, with Americans using it to treat everything from back pain to cancer. But despite widespread use, many Americans don't know what it is.

Nearly half of respondents indicated they weren’t familiar with CBD. Yet CBD is widely seen by the general public as a benign substance. Only 8 percent of total adults polled and 5 percent of those familiar with CBD said they think it is very harmful.

A majority of people familiar with CBD said they want little to no interference or regulation by the federal government. Only half of those who knew what CBD was thought the Food and Drug Administration should regulate the safety of products that contain it. The FDA is wrestling with how it should regulate the rapidly growing industry.

Of consumers familiar with CBD, 55 percent said they should be able to buy it over the counter if they think it‘s effective for them — whether or not a clinical trial has proven that it actually is. And more than 3 out of every 5 CBD users say they’d consider using their favorite products even if the FDA found that the product doesn’t actually help in the way it claims to....

While 67 percent of Democrats and 69 percent of independents support federal marijuana legalization, only 45 percent of Republicans are on board. That translates to 62 percent of Americans supporting federal legalization, a huge leap from the 44 percent of Americans who thought legalization was a good idea in 2009...

But when it comes to CBD, there is no partisan divide. According to the Harvard poll, 13 percent of Republicans and Democrats indicated they use CBD products. In addition, 83 percent of Democrats and 73 percent of Republicans think it should be sold in drugstores like CVS or Walgreens. The real CBD divide is generational: 21 percent of adults under 30 use it, versus 11 percent of adults over 65.

November 5, 2019 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Polling data and results, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, November 4, 2019

"Has the 'M' word been framed? Marijuana, cannabis, and public opinion"

The title of this post is the title of this notable new article authored by Robert Mikos and Cindy Kam.  Here is its abstract:

Over the past two decades, a growing cadre of US states has legalized the drug commonly known as “marijuana.”  But even as more states legalize the drug, proponents of reform have begun to shun the term “marijuana” in favor of the term “cannabis.”  Arguing that the “M” word has been tainted and may thus dampen public support for legalization, policy advocates have championed “cannabis” as an alternative and more neutral name for the drug.  Importantly, however, no one has tested whether calling the drug “cannabis” as opposed to “marijuana” actually has any effect on public opinion.

Using an original survey experiment, we examine whether framing the drug as “marijuana” as opposed to “cannabis” shapes public attitudes across a range of related topics: support for legalization of the drug, moral acceptance of its use, tolerance of activities involving the drug, perceptions of the drug’s harms, and stereotypes of its users. Throughout each of our tests, we find no evidence to suggest that the public distinguishes between the terms “marijuana” and “cannabis.”  We conclude with implications of our findings for debates over marijuana/cannabis policy and for framing in policy discourse more generally.

November 4, 2019 in History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Thursday, October 24, 2019

Senator Bernie Sanders puts forth details for his plan to legalize marijuana and repair harms of the drug war

95e4ca64-1205-4f28-b167-c6912ed95230-sandersIn August, Senator Bernie Sanders released this extended plan detailing a wide array of criminal justice reform proposals.  Unsurprisingly, one plank of his broader reform plan included a commitment to "legalize marijuana and vacate and expunge past marijuana convictions, and ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs."  Today, as detailed on this campaign page, Senator Sanders has provided a lot more of his proposed particulars for marijuana reform and here are excerpts:

As president, Bernie will:

Legalize marijuana in the first 100 days with executive action by:

  • Nominating an attorney general, HHS secretary, and administrator for the DEA who will all work to aggressively end the drug war and legalize marijuana
  • Immediately issuing an executive order that directs the Attorney General to declassify marijuana as a controlled substance
  • While Congress must aggressively move to end the war on drugs and undo its damage, as president Bernie will not wait for Congress to act. Passing legislation to ensure permanent legalization of marijuana

Vacate and expunge all past marijuana-related convictions.

  • In a Sanders administration we will review all marijuana convictions - both federal and state - for expungement and re-sentencing. All past convictions will be expunged.
  • Based on the California model, we will direct federal and state authorities to review current and past marijuana related convictions for eligibility. This review will include re-sentencing for all currently incarcerated with marijuana convictions. Following determination of eligibility or status, prosecutors will have one year to appeal or object, after which authorities will automatically expunge and vacate past marijuana convictions for all those eligible.
  • Federal funding will be provided to states and cities to partner with organizations that can help develop and operate the expungement determination process, much like how California worked with Code for America....

Ensure that revenue from legal marijuana is reinvested in communities hit hardest by the War on Drugs, especially African-American and other communities of color.  With new tax resources from legal marijuana sales, we will:

  • Create a $20 billion grant program within the Minority Business Development Agency to provide grants to entrepreneurs of color who continue to face discrimination in access to capital.
  • With this revenue we will also create a $10 billion grant program to focus on businesses that are at least 51% owned or controlled by those in disproportionately impacted areas or individuals who have been arrested for or convicted of marijuana offenses....
  • Use revenue from marijuana sales to establish a targeted $10 billion USDA grant program to help disproportionately impacted areas and individuals who have been arrested for or convicted of marijuana offenses start urban and rural farms and urban and rural marijuana growing operations to ensure people impacted by the war on drugs have access to the entire marijuana industry....
  • Create a $10 billion targeted economic and community development fund to provide grants to communities hit hardest by the War on Drugs.

Ensure Legalized Marijuana Does Not Turn Into Big Tobacco  Big Tobacco is already targeting the marijuana industry for its profits.  As president, Bernie will not allow marijuana to turn into Big Tobacco.  He will:

  • Incentivize marijuana businesses to be structured like nonprofits.
  • We will provide resources for people to start cooperatives and collective nonprofits as marijuana businesses that will create jobs and economic growth in local communities.

October 24, 2019 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (0)

Monday, October 21, 2019

"Cannabis Legalization in State Legislatures: Public Health Opportunity and Risk"

The title of this post is the title of this new paper authored by Daniel Orenstein and Stanton Glantz now available via SSRN. Here is its abstract:

Cannabis is widely used in the U.S. and internationally despite its illicit status, but that illicit status is changing.  In the U.S., 33 states and the District of Columbia have legalized medical cannabis, and 11 states and D.C. have legalized adult use cannabis.  A majority of state medical cannabis laws and all but two state adult use laws are the result of citizen ballot initiatives, but state legislatures are beginning to seriously consider adult use legislation.  From a public health perspective, cannabis legalization presents a mix of potential risks and benefits, but a legislative approach offers an opportunity to improve on existing legalization models passed using the initiative process that strongly favor business interests over public health.

To assess whether state legislatures are acting on this opportunity, this article examines provisions of proposed adult use cannabis legalization bills active in state legislatures as of February 2019 to evaluate the inclusion of key public health best practices based on successful tobacco and alcohol control public health policy frameworks. Given public support for legalization, further adoption of state adult use cannabis laws is likely, but legalization should not be viewed as a binary choice between total prohibition and laissez faire commercialization.  The extent to which adult use cannabis laws incorporate or reject public health best practices will strongly affect their impact, and health advocates should work to influence the construction of such laws to prioritize public health and learn from past successes and failures in regulating other substances.

October 21, 2019 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Sunday, October 6, 2019

Tobacco historian makes case for why and how "Marijuana Reform Should Focus On Inequality"

The quoted part of the title of this post is the headline of this new Atlantic commentary authored by Sarah Milov.  The piece caught my eye in part because the piece's author, a history professor at the University of Virginia, is also the author of an interesting sounding new book, The Cigarette: A Political History.  Here are some excerpts from this new Atlantic commentary:

Especially because Americans of color have borne the brunt of the drug war, they deserve to share in the marijuana boom now taking hold across the country.  And if America’s long history with another smokable intoxicant — tobacco — is any guide, government rules will decide who can profit from growing the crop.  At the moment, though, those rules favor well-connected corporate growers rather than independent farmers, much less independent farmers of color....

Making up for the brutal inequalities of the drug war should be a major goal of marijuana reformers — but so far, the reality isn’t working out that way.  state that reforms its marijuana laws must decide how it will allocate production rights.  Right now, states severely restrict the number of licenses awarded to cannabis growers, ensuring corporate domination of the industry.  In New York, where medical marijuana is legal, just 10 companies own licenses to cultivate and dispense marijuana.  Competition is fierce over the licenses, which can sell for tens of millions of dollars — even before an ounce of marijuana is sold.  For this reason, licenses tend to go to well-financed pot conglomerates that own cultivation facilities in multiple states.

That outcome should not come as a surprise.  A federally supported program set rules for tobacco growers from the Great Depression until early this century.  Its history suggests that production regulations, when done right, can be a powerful tool to spread wealth — but also that, when done wrong, they are a highly efficient way of excluding people from an industry....

But for all its flaws, the tobacco program succeeded at what it was meant to do: endowing a designated class of Americans with a way of life that buoyed entire regional economies.  Because of strict production restrictions, tobacco farms were among the smallest for any staple commodity, which forestalled the consolidation of farms and an exodus of residents from rural areas.  And there were many tobacco farmers in the middle stratum of the farm income ladder, and relatively few at the top.  Small tobacco farms could still provide for a decent standard of living because tobacco was a high-value crop.  Growing even a small amount could be lucrative.  In 1980, an acre of cigarette tobacco was worth $2,700, as opposed to $150 for corn or $250 for soybeans.  “There is absolutely nothing on this Earth that can compete with tobacco money,” a USDA economist told The Washington Post in 1980.  Except, he added, “illegal smoking material.”...

Now that “illegal smoking materials” are legal in many states, the licensure system for marijuana cultivation is poised to replicate some of the oligopolistic features of the tobacco program, while thwarting its genuinely redistributive ones.  Instead of charging would-be cannabis growers for the privilege of growing, states should award licenses to a larger number of applicants from communities that have been hit hard by the War on Drugs.  Much as small-scale tobacco farms anchored entire communities across the Southeast, cannabis cultivation on a human scale, rather than a corporate one, can build wealth within communities of color where opportunities to amass property have been denied—  frequently at the hands of the government.

Indeed, the excesses of the drug war aren’t the only reason to enact more inclusive policies for marijuana farming.  U.S. agricultural policy, too, has throughout its history been skewed against African Americans.  When black farmers have availed themselves of government programs, they have frequently found discrimination and, ultimately, dispossession.

But those same tools can be put to work in the opposite direction.  The tobacco program was devised to address the emergency of the Great Depression, and it did so in a way that sustained the livelihoods and communities of a targeted group of Americans.  The effects of the War on Drugs are no less severe for communities of color, and the need for opportunity is no less urgent.

October 6, 2019 in Business laws and regulatory 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)