Friday, March 27, 2020
The title of this post is the title of this notable new Politico piece. Here are excerpts:
Cannabis is turning out to be the one thing the coronavirus can’t destroy.
Marijuana sales are booming, with some states seeing 20 percent spikes in sales as anxious Americans prepare to be hunkered down in their homes potentially for months. Weed sellers are staffing up too, hiring laid-off workers from other industries to meet demand. And in the midst of a historic market meltdown, stock prices for cannabis companies have surged, in some cases doubling since the public health crisis began.
“We are hiring because we are having to shift our business a bit,” said Kim Rivers, CEO of Trulieve, which is valued at $1 billion. The company is staffing up its delivery fleet, retail workers, and people to handle increased inventory shipments. “Now is a great time [to apply], particularly if you’re in a business that has seen layoffs.”
Nearly all of the 33 states with legal medical or recreational markets have classified marijuana businesses as an essential service, allowing them to remain open even as vast swaths of the retail economy are shuttered. San Francisco and Denver initially announced plans to shut down dispensaries, but immediately backpedaled after a public furor.
Weed shops are essentially being treated the same as pharmacies, reflecting a dramatic shift in cultural perceptions about the drug over the last decade. “It is a recognition that it has taken on much greater significance around the country,” said Rep. Earl Blumenauer (D-Ore.), a longtime Capitol Hill champion for cannabis. “This is something that makes a huge difference to the lives of hundreds of thousands of people every day. I do think that this might be part of a turning point.“
Concerns about whether smoking pot is the smartest response to a pandemic that’s causing severe lung injuries in tens of thousands of Americans have been largely drowned out. "Public opinion has pushed lawmakers to think about cannabis — and particularly medical cannabis — in different ways than they used to," said John Hudak, a cannabis policy expert at the Brookings Institution, and author of Marijuana: A Short History. "A lot of state policymakers are trying to get this right and they obviously see the risk of shutting down a dispensary to be higher than the rewards of shutting down a dispensary."...
The burgeoning industry does face some stiff financial headwinds: The massive stimulus package moving through Congress this week to help beleaguered businesses shuts out cannabis companies from taking advantage of its benefits, reflecting the continued federal illegality of marijuana. Prior to the recent boom in sales, the industry had been in financial turmoil, with many companies laying off workers and scuttling acquisitions as they ran short on cash. “I'm frustrated Senate Republicans refused to allow us to include them in this legislation, but we aren't giving up," Sen. Patty Murray (D-Wash.) said Wednesday.
In addition, some medical experts question the wisdom of allowing uninhibited access to marijuana during a massive public health crisis. They worry that customers flocking to pot shops could spread the virus, that stoned customers will engage in risky behavior and that smoking pot will worsen the lung damage for people who do become infected. “If you keep the pot stores open, you're just adding fuel to the fire,” said Karen Randall, an emergency room doctor in Colorado. “You're having a whole bunch of people who are trashing their lungs.”...
The federal government said Thursday that a staggering 3.3 million people applied for unemployment benefits last week. While the cannabis industry can’t do much to remedy that bloodletting, some companies are looking to hire people who have recently lost their jobs. Harborside — which operates three shops in the Bay Area — found itself suddenly understaffed as delivery requests increased by 45 percent and phone calls exploded from around 100 to 8,000 per day.... Harborside has hired 10 employees in the last few weeks — some of whom were directly laid off as a result of the coronavirus — and plans to hire at least six more. The largest increase was in their delivery fleet, going from four drivers to 10.
And they’re not alone. “Two and a half weeks ago, our sales just exploded,” said Zachary Pitts, CEO of California cannabis delivery service Ganja Goddess. “People are leaning on delivery more now … even though storefronts are still open in California.” Pitts estimated that he’s increased his workforce by about 15 percent in recent weeks, and is working on hiring more. The company has suspended normal vetting processes and is instead relying on trusted referrals....
As states move to declare marijuana an essential business, the gulf between state and federal policy has never been wider. Congress is poised to enact a $2 trillion stimulus package this week, but the cannabis industry will not see a cent. “In the same way that cocaine dealers in the United States who are suffering under Covid-19 are not going to be eligible for relief under the stimulus bill, cannabis companies won't either,” said Hudak of the Brookings Institution. “Illegal businesses do not access legal funding.”
The cannabis industry generated $15 billion in sales last year and employs 340,000 people. Employers and workers pay federal taxes, and are required to comply with other coronavirus-related measures such as paid sick leave coverage. But for cannabis companies to access assistance made available through the stimulus package, Congress or the administration would need to dictate their inclusion. A spokesperson for Sen. Jeff Merkley (D-Ore.) said he wants to include such a provision in a future coronavirus aid package. Similarly, Murray said she is “exploring what can be done in the upcoming appropriations process to help them through this crisis and beyond."
March 27, 2020 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Monday, February 3, 2020
NORML releases new scorecard of Governors based on "comments and voting records in 2019 specific to matters of marijuana policy"
Last week the acvocacy group NORML released here its "2020 Gubernatorial Scorecard" which constitutes an "extensive database assign[ing] a letter grade 'A' through 'F' to states' governors based upon their comments and voting records in 2019 specific to matters of marijuana policy." Here is part of the executive summary:
Public opinion in support of marijuana law reform, including adult-use legalization, is at an all-time high. Nonetheless, few federal lawmakers are espousing views on cannabis policy that comport with those of the majority of their constituents. As a result, most legislative activity specific to marijuana policy takes place at the state level. America's governors are our nation's most powerful state-elected officials and they often play a key role in this ongoing legislative debate. Here is where each of them stands on issues surrounding cannabis policy.
Thirty-two US governors received a passing grade of 'C' or higher (22 Democrats, 10 Republicans); last year, only 27 Governors received a grade of 'C' or higher.
Of these, nine US governors -- all Democrats -- received an 'A' grade.
Twelve governors received a 'B' grade (11 Democrats, 1 Republican)
Eleven governors received a 'C' grade (9 Republicans, 2 Democrats)
Ten governors -- nine Republicans and one Democrat -- received a 'D' grade
Eight governors -- all Republicans -- received a 'F' grade
Among Democratic Governors, 39 percent received an 'A.' Ninety-six percent of Democratic Governors received a grade of 'C' or higher.
Among Republican Governors, only 37 percent received a grade of a 'C' or higher. Thirty percent received a failing grade.
Political support among US governors for marijuana policy reform continues to grow. However, this support is more partisan than ever before. No Republicans are on record in support of adult-use legalization and few are in favor of regulating medical cannabis access. By contrast, a large percentage of Democrats are supportive of both issues. This partisan divide is not similarly reflected among the general public. According to national polling data compiled by Gallup in October 2019, 66 percent of the public -- including majorities of self-identified Democrats, Republicans, and Independents -- favor adult-use legalization. Bipartisan support among the public for medical marijuana legalization is even stronger. Until this public support is similarly reflected among lawmakers, many cannabis-specific legislative reforms – in particular adult-use legalization proposals – will continue to meet resistance at the state level.
February 3, 2020 in Campaigns, elections and public officials concerning reforms, Medical Marijuana State Laws and Reforms, Political perspective on reforms, Polling data and results, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Saturday, October 26, 2019
Though the direction of public polling is never a sure forecast of the direction of public policy, the rapid reform of marijuana laws at the state level in the US has move in sync with a rapid rise in public support for such reform. And, as detailed in this Gallup posting, headlined "U.S. Support for Legal Marijuana Steady in Past Year," polling this year suggests that support for marijuana legalization is not waning (but also not growing). Here are the details:
Americans' support for legalizing marijuana has held steady at 66% over the past year, after rising 30 percentage points between 2005 and 2018. The latest results are based on Gallup's annual Crime survey, conducted Oct. 1-13. Not only have 66% favored legalizing marijuana in the 2018 and 2019 Crime polls, but the same level of support was found in an intervening Gallup survey, conducted in May.
Gallup first asked about making marijuana use legal in 1969, when just 12% of Americans favored the proposal. Nearly a decade later, a 1977 survey found support had increased to 28%, but it held at about that level through 1995, finally surpassing 30% in Gallup's next measurement, in 2000. Since then, the percentage of Americans advocating legal marijuana usage has more than doubled, with support increasing significantly among all major subgroups.
As public opinion has become increasingly pro-marijuana, so has state policy. As of June, 11 states plus the District of Columbia have legalized recreational use of marijuana. Twenty-two other states allow the use of marijuana for medical purposes.
Majorities of most key subgroups now favor making marijuana legal, according to an analysis of the opinions of more than 3,500 adults asked the question in the three 2018-2019 Gallup surveys. There are essentially no meaningful differences in support for legal marijuana by gender, education, income, region and urban/suburban/rural residence -- between 60% and 70% of subgroup members within those categories favor legalization. Opinions do vary significantly according to partisanship and ideology, age and generation, race, and religiosity.
Americans on the left of the political spectrum are more likely than those on the right to favor making marijuana legal. However, the differences are greater by political ideology than by partisanship. Twenty-five points separate Democratic (76%) and Republican (51%) support for making marijuana legal, with independents (68%) near the national average.
In contrast, 82% of liberals versus 48% of conservatives want to see marijuana made legal, a 34-point difference. Conservatives are one of the few major subgroups expressing less-than-majority support for making marijuana legal. Moderates' opinions (72%) are closer to those of liberals than conservatives.
Generally speaking, younger adults are much more likely than older adults to favor legalizing marijuana. This includes 81% of adults under age 30 as well as 80% of the larger millennial generation subgroup, consisting of those born between 1980 and 2000. By contrast, less than half of senior citizens (49%) are in favor of decriminalizing marijuana, and the percentage is even lower -- 40% -- among adults born in 1945 or before. Baby boomers and members of Generation X are close to the national average in terms of wanting marijuana to be made legal, at 61% and 63%, respectively.
Majorities of major U.S. racial and ethnic subgroups endorse the legalization of marijuana, but blacks are more likely to hold this view than whites, while Hispanics show even less support. Americans who attend religious services on a weekly basis are among the subgroups least likely to say marijuana should be made legal, with just 42% in favor. That compares with more than three-quarters of those who seldom or never attend church (77%) and 63% of those who attend occasionally.
Americans have rapidly shifted to backing legal marijuana in the past decade after consistently expressing opposition for 40 years. It appears the increases in support have halted for the time being, with no change in the percentage favoring legalization over the past year. However, given generational differences in support for legalizing marijuana use, it is likely the percentage who endorse making marijuana use legal will continue to expand in the years ahead.
Even if support has leveled off for the time being, it remains solidly above the majority level, and has created a public opinion environment that is conducive to more states adopting pro-marijuana policies. Although most states now allow marijuana usage for medical if not recreational purposes, the drug remains illegal according to federal law.
Wednesday, May 22, 2019
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)
Thursday, April 18, 2019
As a general matter, I am not too keen on all the marijuana buzz devoted to 4/20. But, as a specific matter, I really like what folks at Reason have a put together in a "Weed Week" series of pieces. Here are the pieces posted to date:
"The Craft Brewed Cannabis Goldrush: Who Needs Weed When You Can Use Yeast?" by Ronald Bailey
"Surprise: Virtually All Presidential Candidates (Including Trump) Are Good on Pot Legalization" What a difference a few decades make when it comes to letting the states decide marijuana's status." by Nick Gillepsie and Jacob Sullum
"Could This California Environmental Law Be the Cannabis Industry’s ‘Silent Killer’?: The California Environmental Quality Act is empowering anti-cannabis NIMBYs and causing regulatory chaos" by Christian Britschgi
April 18, 2019 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Thursday, February 28, 2019
As reported in this press release, US Senator Cory Booker has joined with a number of other Democrats to formally introduce his social-justice-oriented federal marijuana reform bill. Here are comments from the bill's sponsors (many of whom are running for President) from the press release, as well as some particulars and a link to the full bill:
U.S. Senator Cory Booker (D-NJ), a member of the Senate's Judiciary Committee, Rep. Barbara Lee (D-CA), Co-Chair of the Congressional Cannabis Caucus, and Rep. Ro Khanna (D-CA), today reintroduced their landmark bill to end the federal prohibition on marijuana.
In the Senate, the bill is cosponsored by Senators Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Bernie Sanders (I-VT), Kamala Harris (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA), and Michael Bennet (D-CO).
"The War on Drugs has not been a war on drugs, it's been a war on people, and disproportionately people of color and low-income individuals," said Booker. "The Marijuana Justice Act seeks to reverse decades of this unfair, unjust, and failed policy by removing marijuana from the list of controlled substances and making it legal at the federal level."
"But it's not enough to simply decriminalize marijuana. We must also repair the damage caused by reinvesting in those communities that have been most harmed by the War on Drugs. And we must expunge the records of those who have served their time. The end we seek is not just legalization, it's justice."
"The War on Drugs has destroyed lives, and no one continues to be hurt more than people of color and low-income communities," said Wyden. "There is a desperate need not only to correct course by ending the failed federal prohibition of marijuana, but to right these wrongs and ensure equal justice for those who have been disproportionately impacted."
"Millions of Americans' lives have been devastated because of our broken marijuana policies, especially in communities of color and low-income communities," said Gillibrand. "Currently, just one minor possession conviction can take away a lifetime of opportunities for jobs, education, and housing, tear families apart, and make people more vulnerable to serving time in jail down the road. It is shameful that my son would likely be treated very differently from one of his Black or Latino peers if he was caught with marijuana, and legalizing marijuana is an issue of morality and social justice. I'm proud to work with Senator Booker on this legislation to help fix decades of injustice caused by our nation's failed drug policies."
"As I said during my 2016 campaign, hundreds of thousands of people are arrested for possession of marijuana every single year," said Sanders. "Many of those people, disproportionately people of color, have seen their lives negatively impacted because they have criminal records as a result of marijuana use. That has got to change. We must end the absurd situation of marijuana being listed as a Schedule 1 drug alongside heroin. It is time to decriminalize marijuana, expunge past marijuana convictions and end the failed war on drugs."
"Marijuana laws in this country have not been applied equally, and as a result we have criminalized marijuana use in a way that has led to the disproportionate incarceration of young men of color. It's time to change that," said Harris. "Legalizing marijuana is the smart thing to do and the right thing to do in order to advance justice and equality for every American."
"Marijuana should be legalized, and we should wipe clean the records of those unjustly jailed for minor marijuana crimes. By outlawing marijuana, the federal government puts communities of color, small businesses, public health and safety at risk." said Warren.
"This long-overdue change will help bring our marijuana laws into the 21st century. It's past time we bring fairness and relief to communities that our criminal justice system has too often left behind." said Bennet....
The Marijuana Justice Act seeks to reverse decades of failed drug policy that has disproportionately impacted low-income communities and communities of color. Beyond removing marijuana from the list of controlled substances - making it legal at the federal level - the bill would also automatically expunge the convictions of those who have served federal time for marijuana use and possession offenses, and it would reinvest in the communities most impacted by the failed War on Drugs through a community fund. This community reinvestment fund could be used for projects such as job training programs, re-entry services, and community centers.
The bill would also incentivize states through the use of federal funds to change their marijuana laws if those laws were shown to have a disproportionate effect on low-income individuals and/or people of color.
By going further than simply rescheduling marijuana with expungement and community reinvestment, Booker, Lee, and Khanna's bill is the most far-reaching marijuana legislation ever to be introduced in Congress.
The bill is retroactive and would apply to those already serving time behind bars for marijuana-related offenses, providing for a judge's review of marijuana sentences.
Full text of the bill is here.
February 28, 2019 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)
As long-time readers know from series of posts in prior years, students in my Marijuana Law, Policy & Reform seminar develop research projects/papers around a topic of their choosing. Students are required to make an in-class presentation during the second-half of the semester, and a few days prior to their presentations the students need to send me a set of links providing as background for the discussion they will lead. Every year the students do an extraordinary job with their presentations, and I am professorially giddy that these presentations are starting in class next week.
The first student presentation planned for next is to be week aspires to "focus on what happened in Ohio’s 2015 election with ResponsibleOhio. " The student will be taking "a look at how the results may have been shaped by the country’s past, the state’s more-recent history, and individual concerns and uncertainty of voters." The student will also examine "where the future may lie with Ohio’s recent legalization of medical marijuana [and] give insight into the pros and cons of starting a cannabis-related business." Here are links the student has provided as background reading:
Mark Naymik & Brent Larkin, Campaign to Legalize Marijuana Use in Ohio Quietly Underway and Borrows Page from Casino Campaign, cleveland.com (Dec. 19, 2014)
Ryan Claassen, Ohio Voters Support and Oppose Legalizing Marijuana. Wait, What?, Washington Post (Oct. 16, 2015)
Editorial Board, Editorial: Issue 2 Risks Citizen Access to Ballot, Cincinnati Enquirer (Oct. 18, 2015)
Laura A. Bischoff, Woman Inside Buddie the Marijuana Mascot Fired by ResponsibleOhio, Dayton Daily News (Oct. 19, 2015),
David A. Graham, Why Did Ohio’s Marijuana-Legalization Push Fail?, The Atlantic (Nov. 3, 2015),
Past Seminar Student’s Paper:
- Sean Klammer, Responsible Ohio: Successes, Failures, and the Future of Adult Marijuana Use in Ohio, 79 Ohio St. L.J. Furthermore 139 (2018).
"All 2020 presidential candidates now support marijuana legalization efforts — even the Republicans"
The title of this post is the title of this recent Boston Globe piece. Here are excerpts:
When it comes to marijuana, Elizabeth Warren of 2012 would probably not recognize Elizabeth Warren of 2019.
Seven years ago, Warren opposed legalization. In 2015, the US senator from Massachusetts said she was “open” to it. In 2016, she said, she voted for it privately at the ballot box. Now she’s one of marijuana’s top cheerleaders on Capitol Hill, championing a measure to protect the pot industry in states where it’s legal.
Warren’s evolution is not unique — in fact, 2020 will see the first US presidential race in which every candidate, at least so far, favors some path to legalization.
All 12 official Democratic candidates, as well as the potential Republican hopeful and former Massachusetts governor Bill Weld, told the Globe they now support full nationwide legalization, Canada-style. President Trump, meanwhile, has said he supports states’ rights to legalize.
“There’s been a tremendous evolution — marijuana legalization, if you look back, was really something for fringe candidates,” said John Lapp, a Democratic national campaign strategist.“It’s just not very controversial at all now.”
For Democrats, especially, being for cannabis legalization might be as much of a litmus test in 2020 among voters as is being for abortion rights. But they must face their past stances with honesty, political strategists say. In 2008, now-US Senator Kamala Harris touted her high conviction rates for drug dealers as a district attorney, and Joe Biden, the former vice president — who is likely to run, but hasn’t announced — was long an evangelist for the war on drugs.
A quarter-century ago, then-presidential candidate Bill Clinton did damage control by saying he tried pot while he was a Rhodes scholar in England, but “didn’t inhale.” Running in 2007, Barack Obama found it politically acceptable to admit he had smoked marijuana as a young man, and “the point was to inhale” — but he called it “a mistake.”’...
Now politicians, particularly Republicans, have a more politically safe way of supporting cannabis: by advocating for states’ rights, said Steve Fox, a cannabis lobbyist with VS Strategies. “At this point, the greatest driving factor at the federal level is simply the fact that it’s legal in so many states,” Fox said.
To combat the rising momentum, the anti-legalization group Smart Approaches to Marijuana is producing a guide for candidates that it says will be backed by medical associations. “Candidates will have a simple choice: They can either follow the pot lobby or they can follow the science,” said executive director Kevin Sabet....
Senator Cory Booker of New Jersey, who has made legalization a core part of his presidential campaign, said his position has much more to do with addressing racial disparities in policing than it does with freedom for recreational use. “I am pleased to see public sentiment moving as it is, but I have an approach to marijuana legalization that sees it as a justice issue and not just as an adult-use issue,” Booker said. “The damage that the enforcement and prohibition has done to our country is outrageous, unacceptable, and violates our values.”...
In New Hampshire this election cycle, candidates are likely to be asked about marijuana, as the Legislature there moves toward possibly passing legalization this year. Governor Chris Sununu, a Republican, has vowed to veto such a measure.
But don’t expect many candidates to focus their campaigns on marijuana. It’s not just safe now — it’s too safe. To stand out in a crowded field, Lapp recommends that a candidate take on affordable health care, immigration, or college debt — “something where there’s some upside and downside, some passion and some risk. I’m just not sure that’s the case with marijuana anymore.”
February 28, 2019 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)
Sunday, January 6, 2019
The questions in the title of this post are prompted by this new lengthy Rolling Stone piece fully headlined "Why 2019 Will Be the Year of Weed: From more states legalizing to a boom of new kinds of products, here’s what to expect from the cannabis industry this year." Here are excerpts from an article that merits a full read:
In 2018, pot reached a tipping point. A clear majority of Americans now wants to see the drug made fully legal. California and Canada began selling marijuana to anyone over 21. Corporate behemoths like Altria (parent company of Marlboro cigarettes) and Constellation Brands (parent of Corona beer and Svedka vodka) made multi-billion dollar weed investments. And Senate Majority Leader Mitch McConnell (R-KY) managed to include hemp legalization in the 2018 Farm Bill — de facto legalizing every part of the cannabis plant except THC.
But at the same time, pot prohibition is not over. Well over half a million folks are still arrested for possession every year. Smoking weed or working for a pot company can still threaten your housing, employment, immigration status, finances and freedom. Cannabis business models, regulatory environments and market valuations shift on a daily basis....
As for the 2018 Farm Bill, it’s not yet clear what the regulatory landscape will look like for CBD in 2019. [Some expect] researchers will soon be able to access CBD without jumping through the hoops necessary to acquire a Schedule I drug license from the DEA, which could finally allow scientists to provide more evidence of the compound’s uses and dosage. Still, many people in the cannabis industry are concerned about what the exact guidelines will look like on the commercial production side, and how the rollout will go.
For business owners who have been involved in the weed game for a while, another aspect of the 2018 Farm Bill has proven a troubling sign of the times: anyone with a drug felony conviction in the past 10 years will not be allowed to participate in the legal hemp and CBD market. “What the fuck is that?” asks longtime cannabis cultivator Bill Levers, who runs an influential Instagram account through his California-based company, Beard Bros Pharms. “No one got rich on hemp. There were no hemp cartels. So why would there be a restriction?”
The drug-felony provision in the Farm Bill cuts to the heart of one of the biggest unresolved problems facing the marijuana movement in 2019: the persistence of the illicit market, and the struggle to accommodate folks who have been illegally selling or growing marijuana for years. It is now widely acknowledged that barring people with drug felony convictions from the cannabis industry is racist, as white people with experience on the illicit marijuana market are far less likely to be arrested or convicted. But even without a criminal record, making the transition from outlaw to mogul has proven incredibly difficult, and many of the people who have tried have already given up....
Taxes, in particular, are a thorny issue. Local and state governments generally consider pot taxes to be a primary incentive for legalization, but if tax rates are too high, fewer growers and dispensaries will try to go legal. Already, lax oversight and an oversupply of legal cannabis in states like Oregon and Washington have led to diversion rates of at least 30 percent — meaning at a minimum about a third of legal pot is being sold on the illicit market. Meanwhile, in places like California, Canada and Michigan, hundreds of illegal storefront marijuana dispensaries compete with legal vendors, consistently undercutting them on price. Illicit operators tell me again and again that they cannot afford to survive in the highly taxed and regulated legal market, so they intend to continue breaking the law — sometimes while simultaneously operating a legal business.
Because wealthy (and typically white) applicants have an easier time covering high taxes and licensing fees, some states and municipalities have created so-called “equity” programs to ensure a more diverse industry. In 2017 and 2018, places like Oakland and Sacramento garnered fawning headlines for setting the lofty goal of legislating solutions to the catastrophic and racially disproportionate impact of the War on Drugs. But moving into 2019, California cannabis operators of all colors and political stripes now often describe equity a well-intentioned idea that is failing in practice. The words “tokenism” and “paternalistic” come up a lot.
“Equity is a marketing tool. All of the licenses are going to be given to the people with the most money,” predicts Ophelia Chong, the founder of StockPot Images and executive creative director of Aura Ventures. “Social equity will work for a few, but even then it will be 2 percent [from disadvantaged backgrounds], and those 2 percent will have to really climb a mountain to do it, with no help.” Outside of California, however, including equity and restorative justice in cannabis legalization remains an alluring prospect.
“What I like about California is they give a chance for minorities to get in. They doing the opposite in Michigan,” says Jason, whose cannabis social club, the OMS Dab House, has been a crucial gathering place for Detroit’s marijuana movement for the past decade. Michigan legalized adult-use cannabis in 2018, but as in California, quasi-legal medical dispensaries began proliferating years ago, serving stoners and sick people alike. (The ongoing legal confusion around sales and social spaces is why Jason preferred to not give his last name). Though the city of Detroit is more than 80-percent black, black activists there have previously asserted that only three to five percent of local marijuana dispensaries were owned by black people. Jason predicts that, as Michigan’s legal cannabis industry becomes increasingly corporate and consolidated, those numbers will only go down.
January 6, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Medical Marijuana Commentary and Debate, Political perspective on reforms, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Thursday, January 3, 2019
The title of this post is the title of this interesting new paper published in Social Science Research and authored by Jacob Felson, Amy Adamczyk and Christopher Thomas. Here is its abstract:
Since the late 1990s public opinion about cannabis legalization has become drastically more liberal, and some states have begun to legalize cannabis for recreational use. Why have attitudes changed so much? Prior research has considered a few of the reasons for this change, but this is the first comprehensive and empirically-based study to consider the wide range of potential causes for how and why this happened.
We use data from the General Social Survey, National Study of Drug Use and Health, and word searches from the New York Times. We find that attitudes largely liberalized via intracohort changes. Most Americans developed more liberal views, regardless of their race and ethnicity, gender, education, religious or political affiliation, or religious engagement. Changes in cannabis use have had minimal effects on attitudes, and legalization of cannabis has not prompted attitude change in neighboring states. As to root causes, evidence suggests that a decrease in religious affiliation, a decline in punitiveness, and a shift in media framing all contributed to changing attitudes.
January 3, 2019 in History of Marijuana Laws in the United States, Political perspective on reforms, Polling data and results, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)
Tuesday, December 11, 2018
Federal farm bill officially includes provisions to legalize "hemp" defined as the cannabis sativa plant with THC levels under 0.3%
One of many reasons I typically use the work "marijuana" on this blog and in other discussions of marijuana reform is because I think it is the word most directly and commonly associated with the version of the cannabis plant (or the parts of the plant) containing the chemical ingredient (delta-9 tetrahydrocannabinol or THC) that gets humans high from consumption. But for various sound reasons, other researchers and many advocates like to talk only about "cannabis" because this is the scientific name for the plant often called marijuana and because there are so many possible uses for and derivatives from that plant that have nothing to do with getting high. Of course, regular readers surely know all this, and yet it is worth reviewing given this notable news as reported by this Marijuana Moment piece: "The Final 2018 Farm Bill ... Will Legalize Hemp." Here are the basics:
The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.
The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.
Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation — with hemp legalization in the mix — questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry. But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years....
“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”
“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”
Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop. If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.
Here is the definition of "HEMP" as set forth in this draft legislation: "The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." In other words, if and when this bill becomes law, it will be possible to produce and sell, without violating federal law, "certain version of the "plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids" etc. This seems to me a very big deal, though one that also seems certain to create even more confusion about what is and is not allowed under federal law with respect to so-called "medical marijuana."
This recent lengthy CNBC artice, headlined "Hemp legalization included in new farm bill could 'open the floodgates' on nascent industry," provide a review of what enactment of this legislation could mean and how we got here. Here is a snippet:
Hemp is a cannabis cousin of marijuana but it contains low levels of THC, the chemical that produces a "high" for pot users. Industrial hemp is used to make everything from apparel, foods and pharmaceuticals to personal care products, car dashboards and building materials.
"The vast majority of the market right now is going for CBD products," said Brightfield Group's [Bethany] Gomez. "You can find some hemp seed-based beauty products or hemp in some cereals and things like that, and there's such usage on the fibers for like clothes and other industrial purposes, but that's really minimal right now."
Brightfield Group estimates the domestic hemp market could reach $22 billion in the next four years. The estimate factors in the hemp amendment in the farm bill becoming law....
"There are three words why we have hemp now, and those words are tobacco state Republicans," said Kristin Nichols, editor at Denver-based Hemp Industry Daily, a publication owned by MJBizDaily. "There's been strong support from lawmakers and politicians up and down in former tobacco states looking for a replacement crop."
The hemp provisions in the 2018 Farm Bill were in the Senate version of the legislation sponsored by Senate Majority Leader McConnell. The Kentucky Republican put himself on the joint Senate-House conference committee formed to hammer out the details of the final farm bill. "I know there are farming communities all over the country who are interested in this," McConnell said in June when discussing the hemp legalization legislation before the Senate Agriculture Committee. "Mine are particularly interested in it, and the reason for that is — as all of you know — our No. 1 cash crop used to be something that's really not good for you: tobacco. And that has declined significantly, as it should, given the public health concerns."
December 11, 2018 in Business laws and regulatory issues, Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Who decides | Permalink | Comments (0)
Friday, November 2, 2018
Former White House Communications Director Anthony Scaramucci says he thinks Prez Trump is "going to legalize marijuana ... after the midterms"
As covered here by Marijuana Moment, today brings a notable comment about marijuana reform from a notable former insider:
President Trump will push for marijuana legalization after the upcoming elections, according to former White House Communications Director Anthony Scaramucci.
“I do. I think he’s going to legalize marijuana,” Scaramucci told Succeed.com founder Charles Peralo in an interview this week. “I think he’s waiting for after the midterms. I think he’s on the side of legalization.”
Whether Scaramucci is basing his prediction on a hunch or insider knowledge is unclear. He might have only lasted 10 days at the White House, but he still claims to talk with the president on occasion. In any case, “The Mooch,” as he is known, did not respond to a Marijuana Moment request for clarification via Twitter DM....
Trump said earlier this year that he’s inclined to support a bipartisan congressional bill that would let states implement their own marijuana laws without federal interference.
The Mooch isn’t alone in his belief. Last month, marijuana-friendly Rep. Dana Rohrabacher (R-CA) said in an interview that cannabis reform would be on the White House agenda after the midterms and that legislation would be in the works “as early as spring of 2019.”
“I would expect after the election we will sit down and we’ll start hammering out something that is specific and real,” the congressman said.
Monday, October 22, 2018
Latest Gallup polling reports yet another record-high level of support for marijuana legalization in US
As reported in this new posting from Gallup, "Sixty-six percent of Americans now support legalizing marijuana, another new high in Gallup's trend over nearly half a century. The latest figure marks the third consecutive year that support on the measure has increased and established a new record." Here is more:
Legalizing the use of pot was an unpopular idea when Gallup first asked Americans about it in 1969 -- just 12% at that time said it should be made legal. Support grew in the 1970s but stagnated in the 20% range until the new millennium, when momentum for legalization picked up again. Since 2000, support for legalizing marijuana has trended steeply upward, reaching majority support for the first time in 2013 -- a year after Colorado and Washington voters legalized recreational use of marijuana via ballot initiatives, making them the first states to do so. Marijuana use continues to be illegal at the federal level.
The Oct. 1-10 Gallup poll was conducted before Canada last week became the second country in the world to legalize the recreational use of marijuana. In the U.S., voters in four states are voting this year on measures to allow for recreational or medical use of marijuana....
Gallup found last year that a slim majority of Republicans supported legal marijuana for the first time, and this year's figure, 53%, suggests continued Republican support. Views that pot should be legalized have also reached new peaks this year among Democrats (75%) and independents (71%). Democrats reached majority-level support for legalization in 2009, and independents did so in 2010.
Among Americans aged 55 and older, views that marijuana should be legalized now surpass the majority level, with 59% support, up from 50% last year. Meanwhile, solid majorities of younger adults have supported legalization for several years. Support is strongest among adults aged 18 to 34, at 78%, while nearly two in three adults aged 35 to 54 (65%) approve of legalizing marijuana.
In 2009 and 2010 -- before any state had legalized pot -- support for legalization reached the majority level in only one U.S. region -- the West, at 56%. And in most polls since, residents in the West, along with Eastern residents, have led the remaining regions in favoring legalized pot.
But attitudes about legalization have changed more recently: In 2017 and 2018, support for legalization of marijuana is about even in the East (67%), Midwest (65%), South (65%) and West (65%).
Like support for gay marriage -- and in prior years, interracial marriage -- support for marijuana legalization has generally only expanded, even if slowly, over the course of multiple decades -- raising the question of where the ceiling in support might be. As the percentage of Americans who favor legalizing pot has continued to grow, so has the number of states that have taken up legislation to allow residents to use the substance recreationally. States that permit use of medical marijuana are even more prevalent in the U.S. than states allowing recreational pot are.
After this year's elections, recreational pot use could be allowed in two more states, depending on what voters decide in North Dakota and Michigan. Both of these states border Canada, whose adult residents now have access to legal marijuana nationwide. Meanwhile, state lawmakers in New Jersey are moving closer to passing legislation to legalize pot, and neighboring New York might not be far behind after the state's health department conducted a study that led to its recommendation that marijuana be legal.
But even as many states take action to legalize pot, to date, no Midwestern or Southern states permit legal recreational use -- though medicinal marijuana is allowed in a few of these states. Now that public support is consistent across U.S. regions, legalization could spread to new areas in the future.
Thursday, October 18, 2018
Will Canada's legalization of marijuana impact coming legalization votes in Michigan and North Dakota and elsewhere in US?
The question in the title of this post is my domestic reaction to the big international marijuana reform news of Canadian marijuana legalization efforts becoming a reality. This new Politico article, headlined "Members of Congress, businesses push for homegrown weed," reports on some of the US echoes of what has transpired in the country up north this week, and here are excerpts:
Washington just got some major peer pressure to embrace the bong. Its vast northern neighbor Canada legalizes the retail sale of marijuana nationwide Wednesday. The Canadian cannabis sector is already estimated to be worth $31 billion and upstart marijuana companies have soared on the New York Stock Exchange.
But America’s patchwork of state laws — and federal ban on marijuana — put American pot companies at a high disadvantage. It's unclear whether the push to liberalize U.S. marijuana laws will get very far: Attorney General Jeff Sessions has declared war on marijuana, though his efforts have been dampened by a not-so-hostile White House. Yet Rep. Dana Rohrabacher (R-Calif.) said last week that the White House plans to address cannabis reform following the midterms.
Rohrabacher's efforts are bolstered by a chorus of congressional and business voices calling on the Trump administration to respond with an “America First” policy on pot. A publicly traded U.S. cannabis company bought a full-page ad in the Wall Street Journal Tuesday with a message to President Donald Trump: Canada will take over the U.S. marijuana market if we don't legalize soon....
A bipartisan group of American lawmakers fumed last month when the U.S. Drug Enforcement Agency gave the green light to importing Canadian marijuana for research purposes. The 15 lawmakers, many of them representing states that have legalized recreational cannabis, protested to the DEA and Sessions that dozens of American companies already requested permission to produce marijuana for study. They wrote that allowing the University of California, San Diego, one of the applicants, to import marijuana capsules from Canada-based Tilray, Inc., was “adding insult to injury.”
Noting that Trump had issued a "Buy American" executive order, the lawmakers urged the administration to ensure that the domestic need for cannabis research be met by American institutions. The concerns are not just limited to medicinal marijuana. Recreational use is gaining a foothold in U.S. states. Voters in North Dakota and Michigan will vote on ballot initiatives on legalization on Election Day.
Already, nine states and the District of Columbia, have legalized pot, and 31 others allow medical marijuana. “I think it frankly cries out for a federal solution,” Rep. Kevin Cramer (R-N.D.), now challenging Democrat Heidi Heitkamp for her Senate seat, told POLITICO. “And this is tough stuff — this is hard stuff to talk about — because I’m a law-and-order congressman, but it’s impossible to ignore what’s going on. … If the federal government itself doesn’t do something to sort of at least provide the banking system that allows for greater oversight and regulation, I think we’re just setting ourselves up for a bit of a rogue industry rather than a highly regulated one.”
Though this piece is focused on federal US policies, I am especially interested in the reality that the two states voting on full legalization this election cycle both border Canada. I have been thinking that voters in the (bluish) state of Michigan were on a path toward legalization even before these developments in Canada, but I have also been guessing that voters in the (deep red) state of North Dakota were not going to be ready to vote for full legalization. But maybe developments up north could change these dynamics among the voters
October 18, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, International Marijuana Laws and Policies, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (1)
Thursday, September 27, 2018
Notable groups set forth notable set of principles for marijuana reform as New Jersey debates legalization
The on-going debate over potential marijuana reform in New Jersey is continuing to generate lots of interesting and thoughtful discussion concerning just how states ought to approach legalizing and regulating marijuana. In that vein, I was interested to see this recent press release from Americans for Prosperity – New Jersey titled "AFP-NJ Supports Principles for Safe and Responsible Marijuana Reform" in conjunction with this document titled "Seven Principles To Guide A Successful And Well-Regulated Marijuana Market." Here are parts of the press release:
Americans for Prosperity – New Jersey (AFP-NJ) ... announced that it has co-signed a set of principles with the Reason Foundation’s Drug Policy Project regarding the state’s effort to legalize marijuana. If passed, S- 2703, the New Jersey Marijuana Legalization Act would legalize possession and personal use of marijuana for New Jerseyans over the age of 21 and would create the Division of Marijuana Enforcement and licensing structure.
Erica Jedynak, State Director of Americans for Prosperity – New Jersey issued the following statement in support of components of S- 2703:
“For too long, New Jerseyans have had their lives upended due to non-violent offenses like the recreational use of marijuana. In partnership with the Reason Foundation’s Drug Policy Project, we encourage lawmakers to follow the policy principles outlined for a successful and well-regulated marijuana market. These principles will help our state exercise its constitutional right to create a safely regulated marijuana market that spares generations of New Jerseyans from getting trapped in an endless and senseless cycle of incarceration. While S-2703 is not perfect in its current form, it makes good strides toward reshaping our criminal justice system and bringing it into the 21st century. Eventually, AFP-NJ hopes that a fully-realized effort to legalize recreational marijuana enhances public safety, provides second chances, and is free of cronyism and overregulation.”
Dr. Adrian Moore of Reason issued the following statement in support of components of S- 2703:
“As states move to legalize medical and adult use marijuana, it is vital that sensibly regulated free and competitive legal markets emerge to entirely replace black markets and all their ills. We are focused on helping to learn and adopt best practices and informed understanding of how markets work to the legislative and regulatory process of legalizing marijuana.”
The articulation of "Seven Principles To Guide A Successful And Well-Regulated Marijuana Market" makes for an interesting short read, and here are the listed "principles" without the accompanying paragraph of explanation:
1. Recognize There Is A Limit To The Tax Burden The Industry Can Bear.
2. Do Not Place Unnecessary Limits On The Number Of Licenses.
3. Award Licenses Based On Competency And Business Acumen.
4. Allow Business Owners To Operate Within A Scale And Structure They Can Manage.
5. Establish Parameters For Local Governments.
6. Regulations Based On Evidence And Allowing Alternative Approaches.
7. Do Not Penalize People For Acts That Are No Longer Crimes.
September 27, 2018 in Business laws and regulatory issues, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)
Monday, July 30, 2018
The title of this post is the headline of this intriguing new Daily Beast commentary authored by Jeff Hauser. I recommend the whole piece, and here are extended excerpts:
What if I were to tell you that there is a political issue that galvanizes young voters? An issue that unites libertarians, independents, and African-Americans? An issue with bipartisan power, that works not only in cities, but has demonstrated strength in red states like Kentucky and West Virginia?
It’s an issue likely to generate cases to be heard by the Supreme Court in the next decade and one on which the Trump administration’s leading law enforcement official — Attorney General Jeff Sessions — is already on the losing side politically.
Given all that, you would think this issue would be a central part of the Democratic Party’s campaign against Brett Kavanaugh’s nomination for the Supreme Court. You would think wavering Democrats and shaky Republican senators would be targeted on the basis of the threat Kavanaugh poses on this issue. But because the progressive movement sometimes makes political basics look liking trying to solve Fermat's Last Theorem, you would be wrong.
The issue I speak of is marijuana. And it is likely to be a source of many complicated legal disputes in the coming decade, disputes that will be of increasing salience to American voters and, by turn, the Supreme Court.
In fact, the Supreme Court has already had to deal with some marijuana-related matters. Just a few years ago, it was asked to weigh in on Colorado’s decision to legalize marijuana. Nebraska and Oklahoma argued Colorado’s law was preempted by the federal Controlled Substances Act, and that the court should enjoin Colorado from implementing its law. Nebraska and Oklahoma complained that Colorado’s decision to legalize marijuana “undermin[ed] their own marijuana bans, draining their treasuries, and placing stress on their criminal justice systems.”
On presumably technical grounds, six members of the Court declined to hear the lawsuit, but without prejudice (meaning there was no implication those Justices disagreed on the merits and the states could pursue their theory in the lower courts). Justice Clarence Thomas, joined by Justice Samuel Alito, dissented from the decision to not hear the case not only on technical grounds, but also by noting that Nebraska and Oklahoma have alleged “significant harms to their sovereign interests caused by another State.” They stated that those allegations were significant enough to warrant the Court’s attention.
That decision was back in 2016. How will Justice Neil Gorsuch (typically an ally of Thomas and Alito) feel when this question comes back to the Court now, as it likely will? How would a Justice Kavanaugh, who most well-informed observers believe is essentially Gorsuch 2.0, feel about it? Would Chief Justice John Roberts feel differently about it with a social-issues moderate like Justice Anthony Kennedy no longer on the Court?
These are important questions, affecting a massive and growing industry that a growing portion of the population supports. And yet, they’ve been completely unasked during this current debate about the future composition of the Court....
It’s impossible, of course, to say for sure whether other questions surrounding marijuana legalization will come to the Court, or in what form. But it appears likely. Even the intersection of banking law and drug policy is a messy thicket right now. America’s slow burning experiment with marijuana reform raises many as yet unclarified legal issues.
And that’s why those who are interested in marijuana legalization should also want to know what Judge Brett Kavanaugh thinks about the host of legal questions that might ultimately decide its future.
As a political matter, there are few better cards for the Democratic Party to play. According to Gallup, support for legalization has "risen from 12 percent in 1969 to 31 percent in 2000 to 64 percent in 2017." Several other surveys reveal similar increases. An April 2018 Quinnipiac poll shows support for marijuana legalization not only strong among Democrats (75 percent) but Independents as well (67 percent), and even 41 percent of Republicans.
Support remains strongest among millennials — a group that commentators have noted is crucial to Democrats’ performance in this November’s midterm elections — but it has also risen rapidly among all age groups and places. This past June, Oklahoma — Oklahoma! — voted to legalize marijuana.
In an environment in which marijuana is salient to the Supreme Court and many voters, the fact that marijuana is not part of the effort to secure red and purple state Senate votes against Kavanaugh is a little perplexing.
Not least because it has already proven to be a topic that can compel lawmakers to act. Senators with “the federalist position” on-marijuana includes progressives like Senators Cory Booker and Kirsten Gillibrand but also Republicans “Rand Paul, Lisa Murkowski, and Mike Lee.”
But no Senator better reflects the potential of the marijuana issue as a wedge than Colorado’s Cory Gardner. Just last month, Gardner and Sen. Elizabeth Warren (D-MA) released a marijuana legislation reform bill to “give states the right to determine the best approach to marijuana within their borders.” And for three months this winter, Gardner held up all Justice Department nominees in an effort to force Attorney General Sessions to agree to leave Colorado’s marijuana industry alone.
That display of spine was about as much as any Republican Senator has shown in attempting to restrain the Trump Administration to date. But it also made sense. Being viewed as a fighter for Colorado's right to legalize marijuana is likely pivotal to Gardner's political survival. In 2014, Gardner won his seat in a GOP wave by a mere 2 points. In 2020, he will be facing an uphill battle since he holds the single most pro-Hillary Clinton seat of any Republican in the U.S. Senate....
Marijuana is not a staple of Supreme Court fights. The issue advocacy groups that focus on marijuana do not typically focus on the Supreme Court. And Cory Gardner is not a typical target for Democrats. But “typical” isn’t good enough. It is sadly clear that if progressive groups and Democrats rely exclusively on raising the same issues they raised in the Gorsuch “fight” in 2017, Kavanaugh will be confirmed easily.
Marijuana reform is one of the most important new political issues of this era and it’s about time Democrats and progressives take it seriously.
I do not think questions about marijuana will lead to "beating" Supreme Court nominee Brett Kavanaugh, but I do think it quite sound to urge Senators to ask Judge Kavanaugh about the range of federalism and personal freedom issues that surround modern marijuana reform. In this post upon Justice Anthony Kennedy announcing his retirement, I asked "With Justice Kennedy now retiring and precedents being reversed, is it time for marijuana advocates to urge SCOTUS to reconsider Raich?". Asking questions about Raich could be one of a number of ways to probe Judge Kavanaugh's views on these important topics.
Monday, July 23, 2018
The question in the title of this post is the headline of this new Washington Post piece authored by Daniel J. Mallinson and A. Lee Hannah. I recommend the full piece, and here are excerpts:
Has the U.S. reached the “tipping point” in marijuana legalization? That’s what one CNN commentator said happened last month when, on June 26, Oklahoma adopted medical marijuana through a ballot initiative....
It’s true that a lot was unusual about the Oklahoma initiative. The state approved medical marijuana with roughly 57 percent of the vote — despite the fact that the ballot measure was held in a conservative state, during a primary — when only the most committed party members tend to vote — rather than during a general election, is more permissive than many comparable laws, and was opposed by statewide Republican leaders....
Notably, Oklahoma’s voters approved medical marijuana directly, rather than through the legislature. In our previous research, we found that five states legalizing medical marijuana via ballot initiatives between 1996 and 1999 helped legitimize the effort — and, beginning in 2000, a handful of legislatures followed suit. Direct democracy is one important way that advocates successfully force the issue in some states — either through successful initiatives, as in Oklahoma, or through the threat of an initiative campaign, as in Ohio, where the legislature quickly passed a medical marijuana law to head off a 2016 initiative sponsored by Marijuana Policy Project.
As a result, as fewer and fewer of the remaining 20 states without any legal marijuana use have mechanisms for such direct referendums, it becomes less and less likely that those states will liberalize cannabis policy. In that sense, perhaps Oklahoma is not a tipping point....
Direct democracy has furthered marijuana liberalization, assisted by changes in how advocates frame the issue. Journalists and advocates have been drawing attention to recent research that shows the potential of medical cannabis to treat conditions like PTSD, epilepsy and opioid addiction. This type of coverage serves to lift the stigma on marijuana use by presenting conditions and patients that are more relatable and sympathetic than treatment for other conditions, or than recreational use.
One of us, Lee Hannah, recently conducted a content analysis of news articles about medical marijuana stories by The Washington Post from 1995 (a year prior to California adopting the first program) to 2017 to determine whether this narrative shift was being seen in news coverage. Hannah searched the newspaper archives and counted how many articles about medical marijuana were paired with specific medical conditions.
In the period from 1995 to 1999, The Washington Post ran 56 articles about medical marijuana that associated it with cancer, 73 articles that mentioned HIV/AIDS and only 7 articles associating medical marijuana with opioid addiction, epilepsy or PTSD. That relative emphasis has flipped in the last five years. The Post continued to make the connection to cancer, in 71 articles, but only 31 articles included HIV/AIDS. Meanwhile, The Post ran 195 articles that connected medical cannabis to opioid addiction (71), epilepsy (83) or PTSD (41). The results were similar when analyzing coverage in the New York Times.
Some observers argue that evidence so far suggests other policy approaches are more successful than medical marijuana in treating opioid addiction. But if interest groups can successfully persuade citizens that medical cannabis could help diminish the opioid crisis, conservative voters and state legislatures may be persuaded to make it available....
Whether Oklahoma’s new law is indeed a tipping point, changing public opinion and industry pressures seem to be pushing the federal government and the remaining states to make marijuana available for medical use — and probably, from there, recreational use as well.
July 23, 2018 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Political perspective on reforms, Who decides | Permalink | Comments (0)
Wednesday, July 11, 2018
As regular readers likely know, I find the modern politics of modern marijuana reform fascinating. And I still believe too few people have given enough consideration to how the modern politics of modern marijuana reform may have significantly impact the 2016 election (as I discussed in a long-ago post "Voter math suggests a possible Hillary landslide IF she had championed marijuana reform"). But a raft of new press pieces has me believing that a lot more people are finally coming to believe that marijuana reform is a big issue in modern political analysis. Specifically, three interesting article were published just this week with intricate political analysis, and here are links/snippets:
From The Hill, "Marijuana politics evolving in red states":
Supporters and opponents of legalizing marijuana are preparing to fight over ballot measures in half a dozen states this year, shifting the political battleground away from traditionally liberal states and into some of the country’s most conservative areas. Two measures are already scheduled to appear on November ballots: Michigan voters will decide whether to become the ninth state to legalize marijuana for recreational purposes, while the electorate in Utah will choose whether to join 22 other states by legalizing pot for medical use.
In Missouri, as many as three separate measures could make the ballot. Supporters have submitted signatures for both medical and recreational regimes that will now be inspected by the secretary of state’s office. Oklahoma, which voted last month to legalize medical marijuana, could see a ballot measure to approve a recreational scheme as well. Legalization measures are also circulating in Arizona, Nebraska and North Dakota. Supporters in Ohio are trying for a second time to qualify for the ballot, in 2019....
The shifting battlefield, away from liberal coastal states and into more traditionally swing and red states like Michigan, Ohio and Oklahoma, illustrates the unusual coalitions of support on which each side relies. Far from the traditional conservative-liberal split that divides modern politics, older men and younger progressives tend to favor legalization, while women with children — typically guaranteed Democratic voters — tend to harbor doubts.
From Politico, "Could Legal Marijuana Tip the Senate for Democrats?"
“I think what it means is how far along this issue has evolved just over the last couple of years,” said Ben Pollara, a Democratic strategist who has worked for [Florida Senator Bill] Nelson on his last two campaigns and served as campaign manager for the medical marijuana initiative since 2014. “It’s gotten to a point where somebody on the moderate-conservative end of the Democratic spectrum like Bill Nelson is not just coming out for medical marijuana but getting involved in a political fight and saying people ought to be able to smoke this stuff. It is no longer an issue with political downside; it’s an issue with almost entirely political upside.”
That’s a calculation that is playing out in a handful of tight Senate races this year, where an issue that has 68 percent support (for full legalization; 91 percent for medical marijuana) offers a way for cautious moderates in red states — Democratic Senators Claire McCaskill in Missouri and Heidi Heitkamp in North Dakota, for example, both of whom could share the ballot with marijuana initiatives in November — to shore up support from the liberal wing of their party. In states like Nevada, where marijuana is already fully legal, it gives Democratic challengers like Jacky Rosen a ready coalition of bipartisan supporters.
President Trump, whether premeditated or not, is putting himself in a position to make history by becoming the U.S. president who reversed a nearly century-long policy of marijuana prohibition and, in so doing, reap the political spoils of taking on the mantle of “the legalization president.”
This idea is not so far-fetched. Trump has every reason politically to become an unlikely champion of marijuana legalization. Given the overwhelming public support of the issue, legalizing marijuana will certainly improve his chances of reelection in 2020. If he does, the Democrats will have nobody to blame but themselves.
Talk of President Trump’s potential support picked up steam in early June when he stated that he would “probably" support the STATES Act, a new bipartisan bill introduced by Sens. Cory Gardner (R-CO) and Elizabeth Warren (D-MA) that would exempt legal state-licensed cannabis businesses from the Controlled Substances Act, eliminating the fear of federal prosecution, as well as banking and tax issues that currently plague the industry.
Monday, June 18, 2018
Interesting review of the "footprint" of marijuana prohibition and expungement prospects in Michigan months before full legalization vote
The Detroit Free Press has this notable new article that includes interesting data on the bite of marijuana prohibition in the Wolverine State. The piece is headlined "Some marijuana convictions could disappear if voters approve legal pot," and here are excerpts:
Untold thousands of Michiganders could be in line for a second chance if voters decide to legalize the recreational use of marijuana in the Nov. 6 election.
In some other states where recreational use of marijuana has been legalized, voters or lawmakers have decided to make it easier for people convicted of marijuana crimes to get their records expunged or sealed. And Michigan could be on the same path if a bill introduced last week by state Rep. Sheldon Neeley gets a hearing and is passed.
“I hope we will listen to the will of the people. If the November vote is loud and clear, we should take a good look at it and balance the playing field on the usage of marijuana in the state of Michigan,” said the Flint Democrat. “We definitely don’t want people to have a criminal record for a nonviolent crime that is now legal if it passes in November.”
His bill would only deal with misdemeanor convictions, such as use or possession of small amounts of marijuana as well as some cannabis growing. But under the legislation, judges “shall grant” requests for expungement of criminal convictions if the proposal is passed by voters and the convictions are no longer considered a crime under the legalization....
In the past five years, 117,123 Michiganders have been arrested and charged with misdemeanor marijuana offenses and 49,928 of those people have been convicted, according to statistics compiled by Michigan State Police from records supplied by county prosecutors and courts.
Nationally, according to figures compiled by the American Civil Liberties Union (ACLU), 8.2 million people were arrested for marijuana offenses between 2001 and 2010. African-Americans were three times more likely to be arrested for marijuana crimes as whites, according to the data, compiled from the FBI’s annual crime statistics.
Altogether, 3,670 people are either in prison, jail or on probation for felony marijuana convictions, according to the Michigan Department of Correction’s 2016 annual report of its inmate population. Some of those convictions are for high-level marijuana distribution charges, but others are for possession or use of marijuana. Neeley’s bill would allow some of those people to request an expungement of their conviction, but judges wouldn’t be required to grant those requests.
Not many marijuana offenders are locked up in county jails in metro Detroit. In Wayne County, 25 of the 1,725 inmates in the county jail are there on felony marijuana charges and no one is locked up on a misdemeanor pot charge, according to Undersheriff Dan Pfannes. Others may be there on marijuana crimes, but have other charges pending as well, he said. In Oakland County, seven of the 1,300 inmates are in jail on misdemeanor marijuana charges and four for felony crimes, said Undersheriff Mike McCabe....
The Coalition to Regulate Marijuana Like Alcohol, which spearheaded the petition drive that got the marijuana legalization on the November ballot, considered adding a clause that would have allowed for expungement of criminal convictions. California did the same thing in 2016 when voters there passed a referendum to legalize weed by a 57 percent to 43 percent margin.
But there was a fear that because the proposal would deal with more than one state law that it could become vulnerable to a legal challenge. “Expungement is a separate issue than legalization,” said Josh Hovey, spokesman for the coalition. “Our first draft included expungement, but our attorneys strongly recommended pulling it or risk the whole thing.”
Neeley hopes his bill will get a hearing before the November election, but that’s unlikely in the Republican-controlled Legislature. “I’d like to see it taken up before the November election so people will have a clearer vision of what’s going to happen going forward,” he said, noting he hasn’t made up his mind on how he’ll vote on the ballot proposal.
But he will have support from some of the candidates running for statewide office. All the Democratic gubernatorial candidates — former Senate Minority Leader Gretchen Whitmer, former Detroit Health Department Director Abdul El-Sayed and retired businessman Shri Thanedar, as well as attorney general candidate Dana Nessel — favor the pot legalization proposal and allowing for the expungement of low-level marijuana convictions.
All of the Republican candidates for governor — Attorney General Bill Schuette, Lt. Gov. Brian Calley, state Sen. Patrick Colbeck and Saginaw Township doctor Jim Hines, as well as Speaker of the House Tom Leonard, R-Dewitt, and Sen. Tonya Schuitmaker, R-Lawton, who are running for attorney general, oppose legalizing marijuana, but they have said they would respect the will of the voters if the measure passes. Schuitmaker said it would make sense to expunge low-level convictions, but she would want to check with prosecutors first to see whether the original charge was more severe and pleaded down. None of the other GOP candidates were willing to address the expungement issue before the legalization vote is taken.
In addition to California, Colorado, Maryland, New Hampshire and Oregon have taken steps to make it easier for people to get their convictions sealed or expunged. Gov. Brian Sandoval, a Nevada Republican, vetoed a bill last year that would have made clearing those convictions easier, saying that the bill didn’t differentiate enough between low-level and more serious crimes.
Regular readers likely know I am very interested in these discussions because of my recent work on a recent article, "Leveraging Marijuana Reform to Enhance Expungement Practices," which calls for jurisdictions to take an expansive approach to expungement when moving forward with marijuana prohibition reforms. And I have blogged a lot about these issues here, as this partial sampling of some recent postings reveals:
- Center for Justice Reform at Vermont Law School conducting expungement days for old misdemeanor marijuana possession offenses
- "Some Prosecutors Are Erasing Old Weed Convictions. Why Isn’t Yours?
- Seattle officials stating they will retroactively vacate past misdemeanor marijuana-possession convictions
- Effective review of marijuana expungement prospects amidst nationwide state reforms
- "The Growing Movement for Marijuana Amnesty"
- "How Do You Clear a Pot Conviction From Your Record?"
- Another review of California's commitment to expunge past marijuana convictions
- California legislator proposing state law to automatically expunge past marijuana convictions
- San Francisco DA talking about proactively revising past marijuana convictions to better implement Prop 64
- Another good review of growing movement to eliminate past convictions with modern marijuana reforms
- Code for America helping with technology to enhance marijuana offense expungement efforts in California pilot program
June 18, 2018 in Campaigns, elections and public officials concerning reforms, Criminal justice developments and reforms, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)
Wednesday, April 11, 2018
Former US House Speaker and former Massachusetts Gov join advisory board of major marijuana corporation
As reported in this company press release, "Acreage Holdings (“Acreage”) (www.acreageholdings.com), one of the nation’s largest, multi-state actively-managed cannabis corporations, announced the appointments of former Speaker of the United States House of Representatives John Boehner and former Governor of the State of Massachusetts Bill Weld to its Board of Advisors." Here is more from the announcement:
As members of the Board, Speaker Boehner and Governor Weld will bring an immense, collective and unique set of experiences in government affairs, unmatched leadership and guidance to help drive Acreage towards its strategic mission. In concert with this announcement, Speaker Boehner and Governor Weld have issued this joint statement:
While we come at this issue from different perspectives and track records, we both believe the time has come for serious consideration of a shift in federal marijuana policy. Over the past 20 years a growing number of states have experimented with their right to offer cannabis programs under the protection of the 10th amendment. During that period, those rights have lived somewhat in a state of conflict with federal policy. Also, during this period, the public perception of cannabis has dramatically shifted, with 94% of Americans currently in favor of some type of access, a shift driven by increased awareness of marijuana’s many medical applications.
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. Yet the VA does not allow its doctors to recommend its usage. There are numerous other patient groups in America whose quality of life has been dramatically improved by the state-sanctioned use of medical cannabis.
While the Tenth Amendment has allowed much to occur at the state level, there are still many negative implications of the Federal policy to schedule cannabis as a Class 1 drug: most notably the lack of research, the ambiguity around financial services and the refusal of the VA to offer it as an alternative to the harmful opioids that are ravishing our communities.
We are excited to join the team at Acreage in pursuit of their mission to bring safe, consistent and reliable products to patients and consumers who could benefit. We have full confidence in their management team and believe this is the team that will transform the debate, policy and landscape around this issue....
Both the Speaker and the Governor have agreed to immediately join the Company’s Board of Advisors and have committed to join the Company’s Board of Directors once it has been formed and other qualified directors have been appointed.