Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, August 23, 2019

"Restorative justice must begin with America’s pot POWs"

The title of this post is the headline of this notable new commentary authored by Peter Maguire.  Here are excerpts: 

Last month, American lawmakers, marijuana policymakers and industry leaders held a hearing on Capitol Hill about the future of marijuana legalization.  While there was clear bipartisan support and even discussion of “restorative justice” for minorities adversely affected by the war on drugs, conspicuously absent was any discussion of sentence relief for those Americans still serving life sentences without the possibility of parole for nonviolent marijuana offenses.

If lawmakers and the leaders of this fledgling industry who hope to profit from legalization do not support retroactive sentence relief for these pot prisoners of war, the legal cannabis industry will have neither integrity nor credibility.  True restorative justice can only begin with clemency for those Americans serving life sentences for marijuana.  There were no allegations of violence in the cases of the white, black and Latino men serving life for marijuana, yet all will likely die in prison.

Leopoldo Hernandez-Miranda, a 78-year-old Cuban fisherman, has served 26 years while Anthony Kelly, 46, has served 20 years (for barely an ounce of pot).  Less than two months ago, wheelchair-bound 62-year-old Michael Pelletier, who served 12 years, was denied compassionate release by the Bureau of Prisons. Kenny Kubinski, 72, a decorated Vietnam veteran with three purple hearts and a bronze star, has served 27 years for marijuana conspiracy and a cocaine charge that he vehemently denies.

Claude DuBoc and Albert Madrid, both over 70 years old, have served over 20 years. Marijuana smuggler John Knock was extradited from France in January 1999 and charged with an unproven conspiracy that was concocted by a U.S. attorney in Florida.  After Knock’s co-conspirators, also facing life sentences, testified against him in exchange for immunity, he was sentenced to two life terms plus 20 years.  DuBoc, Knock’s co-conspirator pleaded guilty on the advice of his lawyer, F. Lee Bailey.  DuBoc cooperated with the government and surrendered approximately $100 million in cash and assets. The smuggler received a life sentence and lawyer Bailey went to prison rather than surrender $20 million of his client’s stock....

On the other hand, co-conspirator Julie Roberts surrendered through a high-profile lawyer, shrewdly negotiated a plea deal, testified against all of her former compatriots and helped the government recover assets.  Although she too was facing a life sentence, Roberts did not spend a single night in prison....

The United States declared a war on drugs in 1973, and it has been fraught with contradictions and crippled by hypocrisy and unrealistic policy objectives.  Forty-plus years and massive expenditure later, the U.S. has the largest prison population in the world and a racially imbalanced, two-tiered judicial system under which black teens caught with a handful of crack rocks do hard time in state prisons while the bankers who launder Mexican cocaine cartels’ blood-stained billions simply pay fines.

This month, after serving 30 years of a life sentence for marijuana and hashish smuggling, terminally ill Calvin Robinson was granted a compassionate release from prison.  While this is a step in the right direction, it still falls far short of justice.  Vietnam veteran Kubinski put it best: “Now I am a POW of another war with no clear mission. This time I am the enemy of the country I love and had sacrificed for.”

August 23, 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 | Permalink | Comments (0)

Wednesday, August 21, 2019

Terrific new Pew issue brief highlights hazy nature of marijuana revenue for states

The fine folks at Pew have this very fine new brief about state marijuana tax revenues titled "Forecasts Hazy for State Marijuana Revenue."  I recommend this 16-page document (which is also available on-line here) for many reasons, and here is its astute conclusion:

Supporters of legalizing recreational marijuana expected a new revenue source for states, but market uncertainties continue to challenge revenue forecasters and policymakers.  The difficulty in forecasting revenue is compounded by the fact that states have only recently begun to understand the recreational marijuana market: the level of consumer demand for recreational marijuana products, the types of users and how much they might pay for the drug, and competition with the black market.  States have learned some lessons but continue to grapple with unknowns.

While forecasters and budget staff gain more information, state officials can avoid budget shortfalls and keep program funding stable by being prudent in how they use these new collections.  States should be careful to distinguish between marijuana revenue’s short-term growth and long-term sustainability.  While these new dollars can fill immediate budget needs, they may prove unreliable for ongoing spending demands.  Policymakers should look to other, more familiar sin taxes for lessons on how to manage marijuana tax revenue most effectively.

August 21, 2019 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 (2)

Tuesday, July 30, 2019

Is hemp really now going to become the number three crop in Ohio and can marijuana stay illegal if it does?

83b51efd-e309-441e-9f11-e3ada1158628-CBD_SeltzerI do not blog all that much about hemp reforms, even though I find them quite interesting and important, largely because I do not know that much about agriculture or about all the different ways the hemp plant might be used.  But this local article concerning Ohio hemp developments prompted both the question in the title of this post and some broader thoughts about the relationship between help developments and marijuana reform.  First, some excerpts from the article:

Gov. Mike DeWine signed Ohio's hemp legalization bill, Senate Bill 57, into law on Tuesday at the Ohio State Fair. The law takes effect immediately, freeing all embargoes on CBD inventory and moving hemp-derived cannabidiol off Ohio’s controlled substances list. It also means Ohio State University and other colleges can grow the state's first hemp this summer....

The law immediately allows hemp-derived CBD to flow into the state, but it will be a while before hemp can be commercially grown or processed in the Buckeye State. The U.S. Department of Agriculture plans to issue federal rules for hemp cultivation and processing in the coming weeks. In addition to CBD from hemp flowers, the plant is also harvested for its fiber and seed.

Ohio agriculture officials have six months to draft Ohio’s rules and regulations, which will then be submitted to the feds for approval. The goal: Have everything in place so farmers can get seeds in the ground next spring.... Ohio Department of Agriculture Director Dorothy Pelanda said the agency does not plan to limit the number of licenses issued to cultivate or process hemp.

Pelanda said the agency plans to craft regulations to ensure farmers plant seeds that are certified to be low in THC – hemp is defined as cannabis containing less than 0.3% THC. “We want to make sure that Ohio has the very best hemp program in the nation,” Pelanda told The Enquirer.

Ohio is the 46th state to allow hemp farming. A big part of Ohio’s program will be research, which will begin right away. Ohio State University plans to buy about 2,000 hemp plants in the next week. Gary Pierzynski, associate dean for research and graduate programs at OSU's College of Food, Agricultural and Environmental Sciences, said it’s too late to plant with the goal of harvesting. But Pierzynski hopes this first crop at four locations will position them for good research on growing methods, plant diseases, pests and more next year.

Industry analysts predict the U.S. hemp market will grow from about $4.6 billion to more than $26 billion by 2023. The Ohio Farm Bureau Federation has said hemp has the potential to be Ohio's No. 3 crop behind corn and soybeans.

The bill leaves the details of Ohio’s hemp program – like who can grow it and how much licenses will cost – to the Ohio Department of Agriculture. Those rules will be shaped by experts, lobbyists and public comment periods. Hours after Senate Bill 57 passed, a new hemp industry lobbying group was announced. Backing the group: Ian James and Jimmy Gould, who led the unsuccessful 2015 effort to legalize recreational marijuana in Ohio. Since Issue 3 failed, James and Gould have invested in hemp, in addition to obtaining licenses for medical marijuana businesses here.

Statehouse lobbyist Neil Clark, who has been tapped to lead the organization, said the association will serve businesses who are involved at several levels of the industry and who have “big ideas.” “Our goal is to make sure those restrictions aren’t prohibitive,” Clark said. “There’s a lot of farmland in Ohio and there has to be opportunities for everyone.”

The group joins others that pushed the bill along including the U.S. Hemp Roundtable, which largely represents CBD businesses, and the Ohio Hemp Association, comprised of Ohio businesses and entrepreneurs that want to grow hemp or manufacture hemp products.

Queen City Hemp has been gearing up to put its CBD Seltzer water back on the shelves at local retailers, including Hemptations and Clifton Natural Foods.  A large part of the Cincinnati-based manufacturer’s inventory of CBD-infused seltzer water was confiscated from those retailers and destroyed by the local health department during their crackdown in February, according to president and co-founder Robert Ryan.

A number of national chain stores are already selling CBD products across the country.  Kroger, the nation's largest grocery retailer, announced in June it would sell hemp-derived CBD creams, balms and other topical products in nearly 1,000 stores in 17 states – but not its home state of Ohio.  That will change with the new law, but a Kroger spokeswoman said it was too early to provide details.

As this article highlights for Ohio, many folks here and throughout the nation with an affinity for marijuana reform are involved with hemp reform and the hemp industry.  If (when?) this crop becomes a huge part of agriculture in Ohio and elsewhere, I suspect these these folks are likely to use their clout and their money to push for reforms regarding other types of cannabis plants.  Similarly, if folks in Ohio and throughout the nation get used to seeing CBD sodas on many store shelves and CBD creams when shopping for soap, it seems ever more likely that they will start to view many forms of cannabis more benignly. 

July 30, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States | Permalink | Comments (0)

Tuesday, July 23, 2019

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

Download (5)I was pleased to hear reports about, and then see an email describing, a notable new federal marijuana reform bill being proposed by notable federal officials.   The email from the House Judiciary Democratic Press was titled "Nadler & Harris Introduce Comprehensive Marijuana Reform Legislation."  Here are excerpts:

Today, U.S. Representative Jerrold Nadler (D-NY-10), Chairman of the House Judiciary Committee, and U.S. Senator Kamala D. Harris (D-CA)  introduced the Marijuana Opportunity Reinvestment and Expungement Act, one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.

“Despite the legalization of marijuana in states across the country, those with criminal convictions for marijuana still face second class citizenship. Their vote, access to education, employment, and housing are all negatively impacted,” said Chairman Nadler. “Racially motivated enforcement of marijuana laws has disproportionally impacted communities of color. It’s past time to right this wrong nationwide and work to view marijuana use as an issue of personal choice and public health, not criminal behavior. I’m proud to sponsor the Marijuana Opportunity Reinvestment and Expungement Act to decriminalize marijuana at the federal level, remove the needless burden of marijuana convictions on so many Americans, and invest in communities that have been disproportionately harmed by the war on drugs. I want to acknowledge the partnership in developing this legislation with my colleagues, Rep. Barbara Lee and Rep. Earl Blumenauer, Co-Chairs of the Congressional Cannabis Caucus, as well as the contributions of Rep. Hakeem Jeffries and Rep. Nydia Velazquez.”

“Times have changed — marijuana should not be a crime,” said Sen. Harris. “We need to start regulating marijuana, and expunge marijuana convictions from the records of millions of Americans so they can get on with their lives. As marijuana becomes legal across the country, we must make sure everyone — especially communities of color that have been disproportionately impacted by the War on Drugs — has a real opportunity to participate in this growing industry. I am thrilled to work with Chairman Nadler on this timely and important step toward racial and economic justice.”

The Marijuana Opportunity Reinvestment and Expungement Act aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions.  This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life.  Immigrants will also benefit from the Marijuana Opportunity Reinvestment and Expungement Act, as they will no longer be subject to deportation or citizenship denial based on even a minor marijuana offense. The Marijuana Opportunity Reinvestment and Expungement Act also ensures that all benefits in the law are available to juvenile offenders.

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.

Along with Nadler and Harris, co-sponsors of the Marijuana Opportunity Reinvestment and Expungement Act include U.S. Senators Cory Booker (D-NJ), Jeff Merkley (D-OR), and Ron Wyden (D-OR); in the U.S. House of Representatives, cosponsors Barbara Lee (D-CA) and Earl Blumenauer (D-OR), Co-Chairs of the Congressional Cannabis Caucus, and Hakeem S. Jeffries (D-NY) and Nydia M. Velazquez (D-NY), were particularly instrumental in developing this bill.  Other House cosponsors include Matt Gaetz (R-FL), David Cicilline (D-RI), Steve Cohen (D-TN), J. Luis Correa (D-CA), Madeleine Dean (D-PA), Theodore E. Deutch (D-FL), Veronica Escobar (D-TX), Sheila Jackson Lee (D-TX), Pramila Jayapal (D-WA), Henry C. “Hank” Johnson, Jr. (D-GA), Ted Lieu (D-CA), Zoe Lofgren (D-CA), Jamie Raskin (D-MA), Eric Swalwell (D-CA), Dwight Evans (D-PA), Tulsi Gabbard (D-HI), Debra A. Haaland (D-NM), Ro Khanna (D-CA), James P. McGovern (D-MA), Eleanor Holmes Norton (D-DC), Ayanna Pressley (D-MA), Maxine Waters (D-CA), and Bonnie Watson Coleman (D-NJ). 

The Marijuana Opportunity Reinvestment and Expungement Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Drug Policy Alliance, Center for American Progress, 4thMVMT, ACLU, California Minority Alliance, Center for Law and Social Policy (CLASP), Human Rights Watch, Immigrant Legal Resource Center, Law Enforcement Action Partnership, Leadership Conference on Civil and Human Rights, National Council for Incarcerated and Formerly Incarcerated Women and Girls, National Organization for the Reform of Marijuana Laws (NORML), Sentencing Project, Students for Sensible Drug Policy, UndocuBlack Network, Washington Office on Latin America (WOLA).

The full text of the Marijuana Opportunity Reinvestment and Expungement Act is available at this link, and I especially what to note that Section 5 of the bill includes a provision for establishing within the federal "Office of Justice Programs a Cannabis Justice Office." 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 really excited to see any major reform bill focus on creating a justice infrastructure for continued emphasis on justice and equity issues.

July 23, 2019 in Criminal justice developments and reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Thursday, July 11, 2019

"Tribal Cannabis: Balancing Tribal Sovereignty and Cooperative Enforcement"

The title of this post is the title of this new paper recently posted to SSRN authored by Patricia Danielle Cortez, a recent graduate of The Ohio State University Moritz College of Law.  This paper is the eighth in an on-going series of student papers supported by Drug Enforcement and Policy Center.  (The first seven  papers in this series are linked below.)  Here is this latest paper's abstract:

The cannabis industry remains a difficult space to navigate for Native Americans both because of the continued federal ban on cannabis and the extra layer of laws and regulations on tribal land, as well as the potential for continued stigma arising from their involvement in an industry that was until recently considered illegal at all levels of government.  Because of the complex jurisdictional circumstances which arise within tribal land, tribes are left with pioneering strategies on implementing a successful cannabis business alone – whether that be growing, wholesaling, selling on tribal land, or all three.  At the same time, Native American tribes have many competitive advantages – they have water rights and access to power, they own land, and they have a historical and cultural tie to cannabis and natural healing. 

This article discusses several short term and long term steps that Native American tribes should undertake once a state in which a tribe is located legalizes medical marijuana in order to ready themselves to take advantage of an economic opportunity in the form of a cannabis industry should it arise including gaining community support and amending tribal codes, establishing a compact and setting up protections from outside investors, and seek long term legislative fixes such as opt-out provisions in the CSA.

Prior student papers in this series:

July 11, 2019 in History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, July 10, 2019

On eve of congressional marijuana reform hearing, major policy groups form new Marijuana Justice Coalition

6a00d8341bfae553ef0223c85155dc200c-320wiAs reported in this Marijuana Moment piece, headlined "ACLU And Other Groups Form Coalition To Push Justice-Focused Marijuana Legalization Model," a notable new alliance has come together to press for federal marijuana reform.  Here are the basics:

Ten leading civil rights and criminal justice reform groups announced on Tuesday the formation of a coalition to advocate that marijuana legalization legislation must be comprehensive and include wide-ranging social equity provisions.

Members of the Marijuana Justice Coalition (MJC) include the ACLU, Center for American Progress, Center for Law and Social Policy, Drug Policy Alliance, Human Rights Watch, Immigrant Legal Resource Center, Lawyers’ Committee for Civil Rights Under Law, Leadership Conference on Civil & Human Rights, NORML and Students for Sensible Drug Policy.

Noting that the congressional conversation around cannabis has shifted from whether to legalize to how to legalize, MJC said in its announcement that any reform effort should include a series of measures that focus on investing in communities disproportionately harmed by prohibition, encouraging participation in the industry by impacted individuals, expunging the records of those with prior marijuana convictions and ensuring that work in a legal market doesn’t impact citizenship applications.

“Ending prohibition on the federal level presents a unique and desperately needed opportunity to rightfully frame legalization as an issue of criminal justice reform, equity, racial justice, economic justice, and empowerment, particularly for communities most targeted by over-enforcement of marijuana laws,” MJC wrote. “As Congress considers the end of marijuana prohibition, the Marijuana Justice Coalition believes that any legislation that moves forward in Congress should be comprehensive.”

That comprehensive approach should involve descheduling cannabis and advancing criminal justice reform provisions such as expungements and resentencing, MJC said. The group also called for “eliminating barriers to access to public benefits (e.g. nutrition assistance, public housing, etc.) and other collateral consequences related to an individual’s marijuana use or previous arrest or conviction” and “eliminating unnecessarily discriminatory elements for marijuana use, arrests and convictions, including drug testing for public benefits or marijuana use as a reason for separating children from their biological families in the child welfare system.”

Queen Adesuyi, policy coordinator at the Drug Policy Alliance’s national affairs office, said the coalition was formed “with the goal of reforming federal marijuana laws, but doing so in a way that gives back to the communities most impacted by the war on drugs.”...

“Since the scheduling of marijuana as a Controlled Substance in 1970, over 20 million Americans have been unjustly arrested or incarcerated,” Justin Strekal, political director of NORML, told Marijuana Moment. “Entire communities have lost generations of citizens to cyclical poverty and incarceration that resulted from the collateral consequences of having a cannabis-related conviction on their record.”...

Tuesday’s announcement from MJC and its influential members is especially timely. On Wednesday, the House Judiciary Crime, Terrorism and Homeland Security Subcommittee will hold a hearing on marijuana reform that’s expected to explore many of the social equity and racial justice issues identified in MJC’s priority list. While the panel may well consider the bipartisan Strengthening the Tenth Amendment Through Entrusting States (STATES) Act among other bills, it seems unlikely MJC will be inclined to offer its support for that specific legislation because it lacks social equity provisions.

The full "Statement of Principles on Federal Marijuana Reform" from this coalition can be found at this link. Here are a few paragraphs from that two-page statement before it turns to specifics:

Ending prohibition on the federal level presents a unique and desperately needed opportunity to rightfully frame legalization as an issue of criminal justice reform, equity, racial justice, economic justice, and empowerment, particularly for communities most targeted by over-enforcement of marijuana laws.

As Congress considers the end of marijuana prohibition, the Marijuana Justice Coalition believes that any legislation that moves forward in Congress should be comprehensive. The provisions set forth below are agreed upon by the undersigned criminal justice, drug policy, civil rights, and anti-poverty groups as principles that should be considered as a part of any moving marijuana reform efforts in Congress.

Relatedly, Kyle Jaeger at Marijuana Moment also has this lengthy preview of today's congressional hearing on marijuana reform headlined "The Debate Over How, Not Whether, Congress Should Legalize Marijuana Is Heating Up."

Related prior post:

US House Subcommittee hearing scheduled on "Marijuana Laws in America: Racial Justice and the Need for Reform"

July 10, 2019 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Notable new data run suggest marijuana reform not (yet?) resulting in increase in teen marijuana use

Earlier this week, the journal JAMA Pediatrics published this notable "Research Letter" titled "Association of Marijuana Laws With Teen Marijuana Use: New Estimates From the Youth Risk Behavior Surveys."  This AP article reports on its findings and why the research is garnering attention:

New research suggests legalizing recreational marijuana for U.S. adults in some states may have slightly reduced teens’ odds of using pot. One reason may be that it’s harder and costlier for teens to buy marijuana from licensed dispensaries than from dealers, said lead author Mark Anderson, a health economist at Montana State University.

The researchers analyzed national youth health and behavior surveys from 1993 through 2017 that included questions about marijuana use. Responses from 1.4 million high school students were included.

Thirty-three states have passed medical marijuana laws and 11 have legalized recreational use — generally for ages 21 and up, many during the study years. The researchers looked at overall changes nationwide, but not at individual states. There was no change linked with medical marijuana legislation but odds of teen use declined almost 10% after recreational marijuana laws were enacted....

Previous research has found no effect on teen use from medical marijuana laws, and conflicting results from recreational marijuana laws. The new results echo a study showing a decline in teen use after sales of recreational pot began in 2014 in Washington state. The results “should help to quell some concerns that use among teens will actually go up. This is an important piece when weighing the costs and benefits of legalization,” Anderson said.

But Linda Richter, director of policy research and analysis at the nonprofit Center on Addiction, questioned the new findings. The center is a drug use prevention and treatment advocacy group. “It sort of defies logic to argue that more liberal recreational marijuana laws somehow help to dissuade young people from using the drug,” Richter said.

Other studies have found that, in states where use is legal, fewer teens think it is risky or harmful than the national average, she said. And teens in those states still have access to marijuana. “There is plenty of research showing that the black market for marijuana is alive and well in states that have legalized recreational use,” Richter said.

As the title of this post suggest, I think it is still way too early to reach any clear conclusions about how marijuana reform laws are impacting marijuana use among any and all populations. I am glad there is a robust effort to keep a close eye on these teen use data, and lots of factors surely impact use patterns locally and nationally.  So this seems to me another bit of data in a story that we must keep watching for many years to come (along with teen use of alcohol and other drugs in a modern marijuana reform era).

July 10, 2019 in History of Marijuana Laws in the United States, Medical Marijuana Data and Research, Recreational Marijuana Data and Research | Permalink | Comments (0)

Friday, July 5, 2019

Holiday week news and notes, with an emphasis on freedom from marijuana convictions

I have seen a number of notable marijuana-related stories this past week, and regular readers know my eye is always drawn to the criminal justice pieces in this space.  So, as we wind down an Independence Day holiday week, I figured I would do a wrap-up of worthwhile reading with an emphasis of freedom-enhancing news at the end:

A few general interest pieces of note:

From The Hill, "Marijuana policies are changing, but they are not always based on scientific knowledge"

From the New York Times, "Marijuana, Reefer, Weed: How Language Keeps Evolving for the Devil’s Lettuce"

From Vice, "How a Bogus Anti-Weed Stat Seeped into the Mainstream"

A few criminal justice pieces of note:

From California, "Monterey Co. DA to determine whether 1,415 marijuana convictions qualify for clemency"

From Illinois, "Illinois set to expunge nearly 800,000 marijuana convictions"

From New York, "DA reducing low-level marijuana charges ahead of governor's signature"  AND "More than 5,000 Capital Region marijuana convictions to be sealed"

From Texas, "This year, Texas passed a law legalizing hemp. It also has prosecutors dropping hundreds of marijuana cases."

July 5, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States | Permalink | Comments (0)

Tuesday, June 11, 2019

"The State of Marijuana in The Buckeye State and Fiscal Policy Considerations of Legalized Recreational Marijuana"

The title of this post is the title of this new paper recently posted to SSRN authored by Finley Newman-James, who is a student at The Ohio State University Moritz College of Law.  This paper is the sixth of an on-going series of student papers supported by Drug Enforcement and Policy Center.  (The first five papers in this series are linked below.)  Here is this latest paper's abstract:

In 1975, Ohio’s 63rd Governor James A. Rhodes joined the growing trend of marijuana decriminalization by signing a bill passed by the legislature that supported amending the Ohio Revised Code to remove criminal penalties for use of marijuana.  This was the first big change to marijuana laws in Ohio.  Despite Ohio being one of the most conservative states in the country at the time, Rhodes brought Ohio to become the 6th state to relax punishments on marijuana use.  Since that time, a lot has changed regarding the status of cannabis in the Buckeye State.

This paper will first describe the past legal framework for marijuana along with current developments and proposed changes in the future, including a citizen’s ballot initiative that will appear on the November 2019 ballot that could potentially make sweeping changes to Ohio’s Constitution and marijuana law in Ohio.   This is then followed by an analysis of the potential benefits that recreational marijuana could have in respect to key fiscal budgetary issues facing the state of Ohio. 

Prior student papers in this series:

June 11, 2019 in Criminal justice developments and reforms, 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 | Permalink | Comments (0)

Thursday, June 6, 2019

SAM releases latest big report on "Lessons Learned from State Marijuana Legalization"

The leading national group opposed to modern marijuana reform, Smart Approaches to Marijuana (SAM), has this big new report titled "Lessons Learned from State Marijuana Legalization"  Here is the short "Executive Highlights" from the start of the report:

Today’s highly potent marijuana represents a growing and significant threat to public health and safety, a threat that is amplified by a new marijuana industry intent on profiting from heavy use.

State laws allowing marijuana sales and consumption have permitted the marijuana industry to flourish, and in turn, the marijuana industry has influenced both policies and policy-makers.  While the consequences of these policies will not be known for decades, early indicators are troubling.

This report, reviewed by prominent scientists and researchers, serves as an evidence-based guide to what we currently observe in various states.  We attempted to highlight studies from all the “legal” marijuana states (i.e., states that have legalized the non-medical use of marijuana).  Unfortunately, data does not exist for several “legal” states, and so this document synthesizes the latest research on marijuana impacts in states where information is available.

Disappointingly, this report does not cover data comprehensively on any single topic from any one state nor does it effectively detail similar data across a number of states.  Rather, as seems common with SAM reports, this latest report focuses on the most troublesome data from a few states to make the case that marijuana reform is creating big problems.  In this way, the report serves as a good review of some of the strongest "data talking points" against marijuana reform, but it does not really provide a sound basis to reach sound conclusions about what lessons should be learned from modern marijuana reforms.

June 6, 2019 in History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, June 5, 2019

Americans For Safe Access releases detailed "Patient's Guide To CBD"

2CBD_Guide_GraphicThe leading medical marijuana advocacy group, Americans for Safe Access, has this terrific new resource titled "Patient's Guide To CBD."  Though the title of this nearly 50-page report is simple, the contents provide an intricate road-map to the complicated law and science surrounding the status and import of the cannabis-plant compound known as CBD. Here is a section of the publication's introduction:

The Patient’s Guide to CBD was created by Americans for Safe Access (ASA) for the benefit of patients, prospective patients, healthcare providers, consumers, and anyone interested in learning more about CBD.  The goal of this guide is to be an informative and useful reference document that will be shared with others so that patients, doctors, and regulators can make informed decisions regarding CBD....

Patients and consumers should also be aware of the legal and regulatory status of CBD products.  As of May 2019, 47 U.S. states have passed some type of legislation permitting the use of cannabis or cannabinoids such as CBD; nevertheless, cannabis with THC in excess of 0.3% by dry weight is a Schedule I controlled substance under U.S. Federal law.  Therefore, CBD-containing products that were produced from cannabis plants that exceed the federal threshold on THC may be legal at the state level, but are federally illegal.  Additionally, even CBD products that are derived from plants containing not more than 0.3% THC by dry weight may violate laws such as the Food, Drug and Cosmetics Act and create further legal challenges for patients and consumers.

The passage of the Agriculture Improvement Act of 2018 (also known as the 2018 Farm Bill) will make industrial hemp (i.e., cannabis with no more than 0.3% THC by dry weight), including CBD-rich industrial hemp, an agricultural commodity in the United States, but the U.S. Department of Agriculture has yet to promulgate federal regulations or approve state regulations regarding the cultivation and processing of industrial hemp. Further, the U.S. Food & Drug Administration has yet to provide a pathway for the introduction of hemp-derived CBD products into the marketplace.  Therefore, it is not yet federally legal to market hemp-derived CBD as a drug, dietary supplement, food product, or cosmetic.  Patients and consumers are encouraged to stay up to date on these changing regulations to ensure that they, and their products, are in compliance with applicable laws.

Globally, the use of products containing CBD has risen dramatically as more and more people seek alternative ways to improve their health and their lives.  The data has shown an increase in the sales of products containing CBD every year, and sales are expected to continue to rise in the coming years.

June 5, 2019 in History of Marijuana Laws in the United States, Medical community perspectives, Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Medical Marijuana State Laws and Reforms | Permalink | Comments (0)

Tuesday, June 4, 2019

Spotlighting former congressional leader John Boehner (and his cohorts) following the marijuana money

1541019214-screen_shot_2018-10-31_at_1.52.43_pmThe New York Times has this notable new account of the work of the former US House Speaker as salesman for marijuana reform.  The front-page lengthy piece, headlined "John Boehner: From Speaker of the House to Cannabis Pitchman," is an interesting read and here are a few excerpts:

John A. Boehner, the former speaker of the House, once stood second in line for the presidency and staunchly against legalized marijuana.  Now you can find the longtime Republican standing before a wall-size photo of the Capitol, making an online infomercial pitch for the cannabis industry.  “This is one of the most exciting opportunities you’ll ever be part of,” Mr. Boehner says in an endlessly streaming video for the National Institute for Cannabis Investors.  “Frankly, we can help you make a potential fortune.”

Mr. Boehner’s pro-weed epiphany coincides with the prospect of a payday as high as $20 million from the industry he once so vigorously opposed.  He sits on the board of Acreage Holdings, a marijuana investment firm whose sale to a cannabis industry giant hinges on Mr. Boehner’s ability to persuade Congress and the federal government to legalize, or at least legitimize, marijuana.

The chain-smoking, merlot-sipping, former 12-term congressman from Ohio says he had never lit a joint in his life when he and the former Massachusetts governor William F. Weld, now a Republican candidate for president, joined Acreage’s board last year.  This year, Acreage announced plans to sell itself to Canopy Growth, a Canadian company that is the biggest cannabis holding in the world.  The deal, worth around $3 billion, based on current stock prices for both Acreage and Canopy, would create an $18 billion behemoth, industry analysts say.  Buried deep in a financial filing from Nov. 14, 2018, is Acreage’s disclosure that the two men each hold 625,000 shares in the company, which if sold after the company’s sale to Canopy would net them a fortune.

Representative Earl Blumenauer, Democrat of Oregon and a founder of the Congressional Cannabis Caucus, said he saw Mr. Boehner at a dinner on Capitol Hill the day he joined Acreage.  “I said, ‘John, where were you when we needed you?’ And he said, ‘I’ve evolved,’” Mr. Blumenauer recalled in an interview, imitating Mr. Boehner’s smoky baritone.  (Mr. Boehner had made a similar statement on Twitter earlier that day.)

“He’s nothing if not entrepreneurial,” Mr. Blumenauer said.  “The more the merrier.”  But there is a catch.   The takeover will not happen without substantial changes in marijuana policy, leaving it up to Mr. Boehner and his team of lobbyists to work their magic in Washington.

Mr. Boehner declined to be interviewed for this article.  Terry Holt, a spokesman for the National Cannabis Roundtable, which Mr. Boehner founded in February, declined to speculate on Mr. Boehner’s potential income from the sector. Mr. Boehner “sees an investment opportunity in cannabis,” Mr. Holt said. Citing statistics suggesting most Americans favor “some kind of marijuana reform,” he added, “Who wouldn’t want to be involved?”

A slew of former lawmakers agree.  Among those who have signed on in recent months to represent the weed industry are former Senator Tom Daschle of South Dakota, a longtime Democratic leader in the Senate; former Representative Dana Rohrabacher, Republican of California; former Representative Joseph Crowley, Democrat of New York; and former Representative Carlos Curbelo, Republican of Florida....

In 2016, [Boehner] joined Squire Patton Boggs, successor to the marquee Washington law and lobbying firm, as a “strategic adviser.”  About the same time, Mr. Boehner, who once handed out campaign checks from the tobacco industry to lawmakers on the House floor, joined the board of the tobacco giant Reynolds American, makers of his favorite Camel brand.

Reynolds directors with his profile earn roughly $400,000 a year, and Mr. Boehner holds other board seats, too, Mr. Holt said.  Combined with a pension derived from his $223,000 annual congressional salary, Mr. Boehner likely earns a seven-figure retirement income, even without the potential Acreage windfall.

Mr. Boehner and Mr. Weld joined Acreage’s board in April 2018, and together issued a statement: “We both believe the time has come for serious consideration of a shift in federal marijuana policy.”  For evidence, “We need to look no further than our nation’s 20 million veterans, 20 percent of whom, according to a 2017 American Legion survey, reportedly use cannabis to self-treat PTSD, chronic pain and other ailments,” they said, denouncing “the refusal of the V.A. to offer it as an alternative” to opioids.

Chanda Macias, the National Cannabis Roundtable’s first vice chairwoman and the owner and general manager of the National Holistic Health Center medical marijuana dispensary in Washington, said that she had seen more than 10,000 patients who suffer from a lack of research, education and access to medical marijuana.  “This is not about Boehner,” Ms. Macias added, “this is about saving lives.”

June 4, 2019 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Who decides | Permalink | Comments (0)

Friday, May 31, 2019

Illinois poised to become first big state to legalize adult use/recreational marijuana via traditional legislation

Soc_rr_no_shadow2A couple of big states on the east coast, New Jersey and New York, saw efforts this year to fully legalize marijuana via traditional legislation falter.  But it seems that the biggest midwestern state, Illinois, got this done this legislative session as reported in this local article:

A recreational marijuana legalization bill will soon land on Gov. J.B. Pritzker’s desk after the Illinois House on Friday voted to pass the comprehensive measure.

The Illinois House voted 66-47 after more than three hours of debate. The Illinois Senate on Wednesday cleared the measure. The governor issued a statement applauding the bill’s passage and pledging to sign it. “The state of Illinois just made history, legalizing adult-use cannabis with the most equity-centric approach in the nation,” Pritzker said. “This will have a transformational impact on our state, creating opportunity in the communities that need it most and giving so many a second chance.”

While there are giant swaths of criminal justice and social equity reforms attached to the measure — including giving a second chance to thousands of people convicted of marijuana possession — practically speaking it will allow Illinois residents over 21 to buy cannabis from licensed dispensaries as soon as Jan. 1.

If signed into law, Illinois will become the first state to approve cannabis sales through the Legislature, instead of a ballot measure. There are laws regulating and taxing cannabis in nine states. In Vermont and Washington, D.C., cannabis possession and cultivation is legal but sales are not regulated.

The measure would also allow Illinoisans over 21 years old to possess 30 grams, or just over an ounce of cannabis flower, and 5 grams, or less than a quarter-ounce, of cannabis concentrates such as hash oil. Additionally, Illinoisans would be able to carry up to a half-gram of edible pot-infused products.

“It is time to hit the reset button on the war on drugs,” bill sponsor state Rep. Kelly Cassidy, D-Chicago, said during the debate. “What is before us is the first in the nation to approach this legislatively, deliberately, thoughtfully, with a eye toward repairing the harm and the war on drugs. We have an opportunity today to set the gold standard for a regulated market that centers on equity and repair.”...

Others weren’t convinced. State Rep. Mary Flowers, D-Chicago, said “the reset button is broken.” “The fact of the matter is nothing in this bill addresses the harm that’s been done to our community,” Flowers said. “Our community is still being used for people to make a profit and get rich and give nothing to the community.”

Amid opposition, some initiatives in the initial measure, which was filed in early May, were scaled back. A House committee this week approved changes that include allowing only medical marijuana patients to have up to five plants in a home. There were also changes made within the expungement provisions, which would have initially automatically expunged hundreds of thousands of marijuana possession convictions.

Now, convictions dealing with amounts of cannabis up to 30 grams will be dealt with through the governor’s clemency process, which does not require individuals to initiate the process. For amounts of 30 to 500 grams, the state’s attorney or an individual can petition the court to vacate the conviction.

The updated language means those with convictions for cannabis possession convictions under 30 grams can get pardoned by the governor. States attorneys would then be able to petition the court to expunge the record. A judge would direct law enforcement agencies and circuit court clerks to clear their record. This only applies to those convicted with no other violent crime associated with the charge. And it only applies for convictions that have taken place when the bill takes effect on Jan. 1....

Designed to address concerns about impaired driving, the measure would also add a DUI Task Force led by Illinois State Police to examine best practices. Those would include examining emergency technology and roadside testing.

Sales from recreational marijuana is expected to bring in $57 million in this year’s budget and $140 million next year, sponsors have said. It should eventually rise to $500 million a year once the program is fully running.

May 31, 2019 in History of Marijuana Laws in the United States, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, May 30, 2019

Split Second Circuit panel gives small victory to medical marijuana users while turning away their high-profile court challenge to Schedule I placement

I have noted in a number of prior posts linked below the notable lawsuit seeking to ensure legal access to medical marijuana that was filed in federal district court in New York in July 2017 (first discussed in this post.)   In February of 2018, as noted in this post, US District Judge Alvin Hellerstein dismissed the suit, ruling the litigants had "failed to exhaust their administrative remedies” while concluding that "it is clear that Congress had a rational basis for classifying marijuana in Schedule I."  In response to that ruling, I said "plaintiffs in this suit could appeal this dismissal to the US Court of Appeals for the Second Circuit, and doing so would likely keep the case in the headlines [but] I am not optimistic it would achieve much else."  

In fact, an appeal was brought to the Second Circuit, and it did achieve something: an interesting split panel ruling that provides an interesting small victory to the plaintiffs despite ultimately failing to provide an real relief.  Specifically, the majority opinion authored by Judge Guido Calabresi in Washington v. Barr, No. 18-859 (2d Cir. May 30, 2019) (available here), gets started this way:

This is the latest in a series of cases that stretch back decades and which have long sought to strike down the federal government’s classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA), 2 U.S.C. § 801 et seq. See, e.g., Krumm v. Drug Enforcement Admin., 739 F. App’x 655 (D.C. Cir. 2018) (mem.); Ams. for Safe Access v. Drug Enforcement Admin., 706 F.3d 438 (D.C. Cir. 2013); Alliance for Cannabis Therapeutics v. Drug Enforcement Admin., 15 F.3d 1131 (D.C. Cir. 1994) (mem.).  The current case is, however, unusual in one significant respect: among the Plaintiffs are individuals who plausibly allege that the current scheduling of marijuana poses a serious, life‐or‐death threat to their health.  We agree with the District Court that Plaintiffs should attempt to exhaust their administrative remedies before seeking relief from us, but we are troubled by the Drug Enforcement Administration (DEA)’s history of dilatory proceedings.  Accordingly, while we concur with the District Court’s ruling, we do not dismiss the case, but rather hold it in abeyance and retain jurisdiction in this panel to take whatever action might become appropriate if the DEA does not act with adequate dispatch.

Judge Jacobs dissents from the panel's failure to just dismiss the lawsuit, and his opinion starts this way:

The plaintiffs seek a declaration that the classification of marijuana as a Schedule 1 substance is unconstitutional because it does not reflect contemporary learning regarding the drug’s medicinal uses.  I agree with the District Court that this case must be dismissed for failure to exhaust administrative remedies in the Drug Enforcement Agency (“DEA”).  The majority opinion does not actually disagree, though it seems to treat lack of jurisdiction as a prudential speed bump. I dissent from the majority opinion’s decision to hold the case in abeyance so that we may turn back to it if, at some future time, we get jurisdiction.

Prior related posts:

May 30, 2019 in Court Rulings, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, May 29, 2019

"An Argument Against Regulating Cannabis Like Alcohol"

The title of this post is the title of this paper recently posted to SSRN authored by Jonathan R. Elsner, who just recently graduated from The Ohio State University Moritz College of Law. This paper is now the fifth of an on-going series of student papers supported by Drug Enforcement and Policy Center.  (The first four papers in this series are linked below.)  Here is this latest paper's abstract:

As cannabis prohibition comes to an end in the United States, federal and state governments must decide how to regulate its cultivation, distribution, and sales.  One particular option, supported by some alcohol wholesalers and distributors, is a regulatory system based on that of the alcohol industry, whereby the government mandates a distribution system consisting of three mutually exclusive tiers: manufacturers, distributors, and retailers.  This paper, however, argues against creating a regulatory framework for the nascent adult-use cannabis industry modeled after the government-mandated, three-tier distribution system established for alcohol post-Prohibition as it inherently stifles innovation and quality.

Essentially, the three-tier distribution system creates an unnatural layer of government-mandated middlemen, distributors and wholesalers, who perpetuate market inefficiencies that benefit themselves, along with large corporations, to the detriment of consumers and small-to-medium-sized businesses.  The beer industry, now dominated by two breweries offering largely undifferentiated products, provides a cautionary tale regarding the effects of the three-tier distribution system to those developing the regulatory structure for the adult-use cannabis industry.

Prior student papers in this series:

May 29, 2019 in Business laws and regulatory issues, History of Alcohol Prohibition and Temperance Movements, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Wednesday, May 22, 2019

"Half-Baked: The Science and Politics of Legal Pot"

The title of this post is the title of this new article authored by Joelle Anne Moreno and now available via SSRN. Here is its abstract:

Weed, herb, grass, bud, ganja, Mary Jane, hash oil, sinsemilla, budder, and shatter.  Marijuana – whether viewed as a medicine or intoxicant – is fast becoming a part of everyday life, with the CDC reporting 7,000 new users every day and the American market projected to grow to $20 billion by 2020.  Based on early campaign rhetoric, by that same year the U.S. could have a pro-marijuana president.

Despite its growing acceptance and popularity, marijuana remains illegal under federal law.  Like heroin, LSD, and ecstasy, marijuana is a DEA Schedule I drug reflecting a Congressional determination that marijuana is both overly addictive and medically useless.

So what is the truth about pot?  The current massive pro-marijuana momentum and increased use, obscures the fact that we still know almost nothing about marijuana’s treatment and palliative potential.  Marijuana’s main psychoactive chemical is THC; but it also contains over 500 other chemicals with unknown physiological and psychological effects that vary based on dosage and consumption method.  Medical marijuana may be legal in 32 states and supported by 84% of Americans, but federal constraints shield marijuana from basic scientific inquiry.  This means that lawmakers and voters are enthusiastically supporting greater access to a drug without demanding critical scientific data.  For policymaking purposes, this data should include marijuana’s short and long-term brain effects, possible lung and cardiac implications, chemical interactions with alcohol and other drugs, addiction risks, pregnancy and breast-feeding concerns, and the effects of secondhand smoke.

This Article treats marijuana as a significant contemporary science and law problem.  It focuses on the fundamental question of regulating a substance that has not been adequately researched.  The Article examines the extant scientific data, deficiencies, and inconsistencies and explains why legislators should not rely on copycat laws governing alcohol or prescription narcotics.  It also explores how marijuana’s hybrid federal (illegality)/state (legality) raises compelling theoretical and practical Constitutional questions of preemption, the anti-commandeering rule, and congressional spending power.  Marijuana legalization has, thus far, been treated as a niche academic concern.  This approach is short-sighted and narrowminded.  Marijuana regulation implicates the reach of national drug policy, the depth of state sovereignty, and the shared obligation to ensure the health and safety of our citizenry.

May 22, 2019 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Monday, May 20, 2019

Fitting headlines mark the many challenges of the next era of modern marijuana reforms

There is so much media coverage of so many marijuana related issues that I barely have time to keep up with my reading, let alone blog about all the interesting stories.  (E.g., I keep meaning to blog about the New York Times Magazine's CBD cover story.)  But in the last day, I saw three lengthy and connected stories that relate to the intersection of marijuana reform, politics and social justice that seems to have come now to define the realities and challenges of this space.  The headlines of the three pieces help capture the themes:

In addition to recommending all these pieces, I will seek to summarize them by just saying it has always been clear to me that effective and sound legal reform in this space is very, very hard and calls for lots and lots of folks working very, very hard to get it as right as possible from the outset and then continuing to work very, very hard to assess and refine reform regimes. 

May 20, 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)

Wednesday, May 15, 2019

Interesting data on marijuana arrests in DC after 2014 legalization initiative

Ready_for_production-mj_line

The American Civil Liberties Union of the District of Columbia has this notable new report titled "Racial Disparities In D.C. Policing: Descriptive Evidence From 2013–2017," which includes a section on marijuana arrests. Here is what this report reports (with some added emphasis):

Passed in 2014, Initiative 71 made it legal for people to possess, use, grow, and share small quantities of marijuana.  The law does not authorize individuals to consume marijuana in public or sell the drug to other people.  As a result, public consumption and distribution remains illegal.

The marijuana statute became effective in February 2015 and, that year, the overall number of arrests for marijuana-related offenses plummeted, from 1,747 arrests in 2014 to just 216 arrests in 2015.  The drop was largely driven by the reduction in arrests for marijuana possession.

However, while arrests for marijuana possession remained low, the number of arrests for public consumption of marijuana has been steadily increasing, particularly for Black people.  After marijuana legalization, consumption arrests briefly declined before starting to rise, increasing from 79 arrests in 2015 to 217 in 2017.  Arrests for that offense are racially skewed: even though white and Black D.C. residents use marijuana at similar rates, Black individuals comprised 80% of the individuals arrested for marijuana consumption from 2015–2017.

This disparity could stem from officers’ racial bias.  Alternatively, the disparity could be the result of another statute that makes it illegal to do in public what is legal to do in private — thereby penalizing those who have less access to private property.  These explanations could also work in tandem. No matter the cause, the consequence of the current marijuana regime is that Black people are ensnared in the criminal justice system at disproportionate rates for what the D.C. government agrees is a minor offense.

I understand the continued concern, as expressed here, that even after marijuana legalization "Black people are ensnared in the criminal justice system at disproportionate rates."  But I think the dramatic decline in the total number of marijuana arrests is the much bigger story and one that cannot be emphasized too much.  Because even the most minor of drug convictions or even just arrest can have profound impact on all sorts of future employment, schooling and housing opportunities, a yearly reduction of 1500 arrests means (somewhat invisible) yearly improvements in 1500 lives (and all those touched by those lives) thanks to marijuana reform.

May 15, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Tuesday, May 14, 2019

Lots of notable green coverage in lots of sections of the Gray Lady

My east coast roots (and bias?) has long led me to look at the New York Times as the "paper of record" in so many ways (and that thinking led me to view as so important  the 2014 New York Times editorial calling for the legalization of marijuana).  But the biggest developments in the marijuana reform space have taken place in other regions, and so other papers, especially the Denver Post and the Boston Globe, have been much more at the forefront of marijuana coverage.

But the Gray Lady seems to be keeping pace with marijuana developments these days, and some headlines from distinct section of the paper this past week highlights all the angles the paper is now covering:

From the local section, "Marijuana Legalization Hits a Wall: First in New Jersey, Then in New York"

From the U.S. section,"Attorneys General From 33 States Urge Pot Banking Reform"

From the "Mind" section, "The Stoner as Gym Rat"

From the "Style" section, "Design’s New Leaf"

And, interestingly, the NYT is also now soliciting tales to tell via this "Reader Center" quesy: "How Has Colorado’s Legalization of Marijuana Affected You? Help us better understand how Coloradans are adapting to their state’s legalization of pot."

Of course, the Gray Lady has not quite yet turned into Marijuana Moment.  But it is still interesting to see the stories it is deciding to cover in this space, and encouraging that they are eager to inquire further.

May 14, 2019 in Current Affairs, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Monday, April 29, 2019

"Marijuana Banking in New York and Around the U.S.: 'Swim at Your Own Risk'"

The title of this post is the title of this paper just posted to SSRN authored by Jordan Hoffman, who is a student at The Ohio State University Moritz College of Law.  This is the second of what will be an on-going series of student papers supported by Drug Enforcement and Policy Center.  (The first paper in the series was authored by Shelby Slaven under the title "The Canna(business) of Higher Education.") 

Here is the abstract of this new paper on marijuana banking:

Today, banking in any way relating to marijuana is a violation of federal law.  Conflicting laws and guidance from the federal and state governments threatens the welfare and success of a billion-dollar industry.  Analyzing the current marijuana banking laws, regulations, and practices in New York and around the US provides a glimpse into an industry suffocating from public pressures and overpowering economic tides.  To protect and uphold the integrity of our government and the agencies it deems controlling, the federal government must reform marijuana banking.

April 29, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)