Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Sunday, October 11, 2020

Vermont now on path to be latest state allowing marijuana sales and also to automatically expunge past convictions

Vermont-Marijuana-LegalizationRoughly 32 months ago, as noted in this prior post from January 2018, the Green Mountain State became the first state to legalize the recreational use of marijuana through an act of a state legislature rather than by voter initiative (and Vermont was then the ninth state overall to legalize use).   But that original law contained no provisions for the commercial sale of marijuana, and it took until this fall for sales to be legalized and regulated in the state (and now Vermont is then the eleventh state overall to legalize sales).   This Marijuana Moment article, headlined "Vermont Governor Allows Marijuana Sales Legalization Bill To Take Effect Without His Signature," effectively provides the details on the latest reforms that also include another related criminal justice development (which I strongly believe should go hand-in-hand with any reforms):

The governor of Vermont announced on Wednesday that he will allow a bill to legalize marijuana sales in the state to take effect without his signature. He also signed separate legislation to automate expungements for prior cannabis convictions.

While Vermont legalized personal possession of up to one ounce and cultivation of two plants for adults in 2018, retails sales have remained prohibited. But now with Gov. Phil Scott’s (R) decision not to veto the new cannabis commercialization bill, a tax-and-regulate system will finally be implemented.

Differing versions of the marijuana sales proposal passed each chamber before being reconciled in a bicameral conference committee last month.  The legislature then approved the finalized proposal and sent it to Scott’s desk.  The governor had been noncommittal about his plans for the legislation — even up until the day before the signature deadline — and had hinted that he was even considering vetoing the bill.  But he ultimately gave legal cannabis supporters a win by deciding not to block the reform.

In the conference committee, legislators worked fastidiously to ensure that Scott’s stated concerns about the policy change were largely addressed.  Those issues primarily related to impaired driving, taxes and local control.  But after the legislature advanced a finalized form, Scott threw advocates for a loop, stating that while he appreciated the legislative process that the bill went through, certain racial justice groups had raised concerns with his office about the extent to which the proposal addressed social equity in the cannabis industry for communities historically targeted by the war on drugs.  There was some suspicion that the governor was using that pushback as an excuse to veto S. 54....

In the end, however, he stood out of the way and took no proactive action.  “However, there is still more work to be done to ensure the health and safety of our kids and the safety of our roadways—we should heed the public health and safety lessons of tobacco and alcohol,” Scott wrote in a letter to lawmakers announcing his decision. “Further, I believe we are at a pivotal moment in our nation’s history which requires us to address systemic racism in our governmental institutions. We must take additional steps to ensure equity is a foundational principle in a new market.”...

It’s possible that there was some political calculus involved in the decision to let the bill go into law despite his concerns, as his reelection challenger, Lt. Gov. David Zuckerman (D), is a vocal advocate for legalization and has raised the issue in recent appearances.  Zuckerman stressed in a debate last week that while he agrees with the sentiment that more needs to be done to ensure racial justice, an imperfect bill can be improved upon, and the legislature has plenty of time to finesse the details before legal cannabis sales launch.  He also noted that separate legislation providing for automatic expungements of prior cannabis convictions, which Scott signed on Wednesday, would complement the restorative justice provisions of the tax-and-regulate bill.

A coalition of Vermont civil rights and criminal justice reform groups including the state’s ACLU chapter released a statement on Sunday that says while they shared concerns about the limitations of the social equity components of the marijuana commerce bill, they felt it could be built upon and wanted the governor to sign it, in addition to the expungements legislation....

Under the tax-and-regulate bill, a new Cannabis Control Commission will be responsible for issuing licenses for retailers, growers, manufacturers, wholesalers and labs. The body will also take over regulation of the state’s existing medical cannabis industry from the Department of Public Safety.  A 30 percent THC limit will be imposed on cannabis flower, while oils could contain up to 60 percent THC.  Flavored vape cartridges will be banned.  Local jurisdictions will have to proactively opt in to allow marijuana businesses to operate in their area. Municipalities will also be able to establish their own regulations and municipal licensing requirements....

The separate expungements bill would make it so those with convictions for marijuana possession of up to two ounces, four mature plants and eight immature plants prior to January 2021 would have their records automatically cleared.  Those who receive expungements would be notified by mail.

October 11, 2020 in Criminal justice developments and reforms, Political perspective on reforms, Race, Gender and Class Issues, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Monday, September 7, 2020

Noticing the notable "red state" realities of marijuana reform ballot initiatives in 2020

Download (26)The Daily Beast has this new piece highlighting that the bulk of the marijuana reform initiatives on the ballot in 2020 are in so-called red states. The piece is fully headlined "Marijuana Is Making Its Mark on Ballots in Red States: Republican-led legislatures have opposed legalization measures, so proponents are going right to the voters." Here are excepts:

Montana and a handful of other states this fall [will] decide whether to legalize recreational or medical marijuana. Five of the six states with ballot questions lean conservative and are largely rural, and the results may signal how far America’s heartland has come toward accepting the use of a substance that federal law still considers an illegal and dangerous drug.

Since Colorado first allowed recreational use of marijuana in 2014, 10 other states have done the same. Most are coastal, left-leaning states, with exceptions like Nevada, Alaska and Maine. An additional 21 states allow medical marijuana, which must be prescribed by a physician.

This year, marijuana advocates are using the November elections to bypass Republican-led legislatures that have opposed legalization efforts, taking the question straight to voters. Advocates point to a high number of petition signatures and their own internal polling as indicators that the odds of at least some of the measures passing are good....

Mississippi and Nebraska voters will decide on medical marijuana measures. South Dakota will be the first state to vote on legalizing both recreational and medical marijuana in the same election.

Montana, Arizona and New Jersey, all medical marijuana states, will consider ballot measures in November to allow recreational sales, a move opponents consider evidence of a slippery slope....

The Marijuana Policy Project is helping to coordinate the Montana legalization effort. Its deputy director, Matthew Schweich, said the organization does so only when polling suggests at least half of voters would support the measure. “It’s becoming normalized for people,” Schweich said. “People know that other states are legalizing it and the sky has not fallen.”

An effort to legalize marijuana in rural, conservative states would have been an uphill battle even a few years ago. But several factors have worked toward changing attitudes there, Schweich said. They include a gradually increasing acceptance in red states of neighbors that have legalized recreational pot—and seeing the tax revenue that legal marijuana brings. But perhaps the biggest catalyst toward normalizing pot use is having an established medical marijuana program, Schweich said.

After 15 years, Montana’s medical cannabis program is firmly rooted and has survived several legislative attempts to restrict it or shut it down. According to the Montana Department of Public Health and Human Services, more than 500 marijuana providers were serving 38,385 people as of July, which represents nearly 4 percent of the state’s population....

In Mississippi, 20 medical marijuana bills have failed over the years in the Statehouse. This year, 228,000 state residents signed petitions in support of a medical marijuana initiative to allow possession of up to 2.5 ounces of marijuana to treat more than 20 qualifying medical conditions. In response, lawmakers put a competing measure on the ballot that would restrict marijuana use to terminally ill patients and require them to use only pharmaceutical-grade marijuana products.

Jamie Grantham, spokesperson for Mississippians for Compassionate Care, called the measure an effort by the state to split the vote and derail legalization efforts. “I’m passionate about this because it’s a plant that God made and it can provide relief for those who are suffering,” said Grantham, who described herself as a conservative Republican. “If this is something that can be used to help relieve someone’s pain, then they should be able to use it.”

But opposition is starting to build. Langton, the Mississippi Board of Health member, is working with Mississippi Horizon, a group fighting legalization. Langton said he opposes the original initiative because he believes it’s “overly broad” and would allow dispensaries within 500 feet of schools and churches. It could also put Mississippi on a path toward legalized recreational use, he said. He added: “They say that marijuana is a natural plant, but poison ivy is natural, too. Just because something is natural doesn’t mean it is good for you.”

September 7, 2020 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana Commentary and Debate, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, August 25, 2020

Pennsylvania Gov advocating for full legalization to aid economic recovery amidst COVID pandemic

In this post back in March, I wondered aloud "In a post-COVID economy, will job creation and tax revenue from marijuana reform become irresistible?".  Five months later, I am sad that we are not yet to a "post-COVID" era, but can still note this new piece at Marijuana Moment revealing a prominent development serving as a kind of answer to my question.  The piece is headlined "Pennsylvania Governor Calls For State-Run Marijuana Sales To Boost Economy Amid Coronavirus," and here are excerpts:

The governor of Pennsylvania is calling on lawmakers to legalize marijuana to aid the economic recovery from the coronavirus pandemic — and he’s floating the idea that the state itself would sell the cannabis to consumers.

During a press conference on Tuesday, Gov. Tom Wolf (D) talked about his plan to address the COVID-19 crisis and included legalization prominently in his agenda. Tax revenue from marijuana sales could help “supplement” relief loans provided by the federal government, he said.  Asked about the prospects of advancing legalization legislation through a Republican-controlled legislature, the governor said, “I think there was some appetite for it before and my hope is that with the pandemic and the hit that we’ve taken to revenues that there might be a little more interest in it right now.”...

Unlike Colorado and all other legal markets, however, Wolf is suggesting that lawmakers pursue a state-run cannabis model.  “The proposal is, that for people that people over 21 years of age, I think we have a state store system that would be an ideal way to distribute it,” he said.  “But I think it’s also a way that the state could actually get some tax revenue from something that people are evidently already doing.”

The governor also acknowledged that tax revenue from marijuana sales wouldn’t occur immediately, but he stressed the need to implement regulations quickly so that they can begin collecting those dollars as soon as possible.  According to an outline of the plan, 50 percent of that tax revenue “would be earmarked for historically disadvantaged businesses.”

“Along with the call to the General Assembly to pass legislation legalizing the sale and use of recreational marijuana, the governor proposes that a portion of the revenue be used to further restorative justice programs that give priority to repairing the harm done to crime victims and communities as a result of marijuana criminalization,” it states.  “Also, the governor wants the General Assembly to pursue criminal justice reform policies that restore justice for individuals convicted of marijuana-related offenses.”...

Shortly after the governor announced that he is embracing the reform, a lawmaker filed a bill to legalize marijuana through a state-run model as Wolf is now proposing. With this new plan, Wolf is also aligning himself with a majority of Senate Democrats, who sent him a letter last month, arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the coronavirus pandemic.

Prior to state shelter-in-place and social distancing mandates, Rep. Jake Wheatley (D) announced that he would be introducing a revised legalization bill for the session. The lawmaker, who filed a similar bill last year, wrote that his proposal will be “the most comprehensive and well-vetted legislation providing for a legal adult-use cannabis industry.” It would also provide for expungements and releasing people from prison for non-violent drug offenses.

Outside of Pennsylvania, other leaders are recognizing that taxing and regulating marijuana can provide a much-needed economic boost amid the coronavirus pandemic. In New Mexico, Gov. Michelle Lujan Grisham (D) said in May that the state needs to explore every option for economic relief, and that includes passing cannabis legalization.  The governor of New Jersey said last month that legalizing cannabis could simultaneously help the state recover economically from crisis while also promoting racial justice.  New York Gov. Andrew Cuomo (D) was asked in May about whether marijuana legalization could serve as a tool for economic recovery and he expressed support for the proposal, stating that while the legislature hasn’t yet accomplished the policy change, “I believe we will” down the line.

A few of many prior COVID-cannabis related posts:

August 25, 2020 in Campaigns, elections and public officials concerning reforms, Political perspective on reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Thursday, August 13, 2020

Thorough review of "Where Vice Presidential Candidate Kamala Harris Stands On Marijuana"

1563932774784Regular readers surely know of my appreciation for all the work done at Marijuana Moment to cover all sorts of marijuana issues, and this recent posting on the record on Senator Kamala Harris highlights why that resource does so much more than anyone else on this front.  Specifically, the posting goes on and on, because Harris has a long record, and here is how the coverage gets started (with links from the original):

Joe Biden has selected Sen. Kamala Harris (D-CA) as his vice presidential running mate, the campaign announced on Tuesday.

The presumptive Democratic presidential nominee’s choice to join him on the ticket has evolved significantly on marijuana policy over her career.  Though she coauthored an official voter guide argument opposing a California cannabis legalization measure as a prosecutor in 2010 and laughed in the face of a reporter who asked her about the issue in 2014, she went on to sponsor legislation to federally deschedule marijuana in 2019.

It remains to be seen whether she will push Biden in the same direction, as the former vice president has maintained opposition to ending marijuana prohibition despite supermajority support among Democrats.

While Harris, a former attorney general of California, made marijuana reform a major component of her criminal justice platform when she unsuccessfully ran in the 2020 Democratic presidential primary, she’s been less vocal about the issue since dropping out in December 2019.

Convincing Biden to come around seems like a steep task in any case.  Some advocates suspect that the Democratic National Committee’s platform committee voted against an amendment to add legalization as a 2020 party plank specifically because it’s at odds with the presumptive nominee’s agenda.  Biden has drawn the line at decriminalizing marijuana possession, expunging past convictions, modest federal rescheduling, medical cannabis legalization and letting states set their own policies.

But it remains the case that Harris is the chief Senate sponsor of the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act — a comprehensive piece of legalization legislation that includes various social equity and restorative justice provisions.  Advocates will be watching to see if she continues to advocate for the reform move as she’s on-boarded to the Biden campaign.

The senator indicated in July that she doesn’t plan to push the presumptive presidential nominee on the issue.

Here’s a deeper look at where Harris stands on marijuana [click through to see it all]:

August 13, 2020 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Political perspective on reforms, Who decides | Permalink | Comments (2)

Wednesday, July 8, 2020

"County-Level Differences in Support for Recreational Cannabis on the Ballot"

Cdxa_47_2.coverThe title of this post is the title of this notable new paper in the journal Contemporary Drug Problems authored by Lindsey Beltz, Clayton Mosher and Jennifer Schwartz.  Here is its abstract:

Cannabis is traversing an extraordinary journey from an illicit substance to a legal one, due in part to an unprecedented wave of bottom-up law reform through successful citizen ballot initiatives.  Yet, even in states that have legalized recreational cannabis, there is substantial geographic variability in support of cannabis legalization. Geographic variability in voter support for cannabis legalization is impactful (e.g., county moratoriums/bans) yet poorly understood.

This paper demonstrates the consequences of county-level population demographics, sociopolitical factors, and community differences in experience with criminalization of cannabis possession for understanding county-level variation in support of recreational cannabis law reform on (un)successful ballot measures in California (2010), Colorado (2012), Washington (2012), and Oregon (2014). 

OLS regression analyses of nearly 200 counties indicate that differences in racial and ethnic composition (% Black, Hispanic), political affiliation (% Republican), past criminalization, gender composition, and higher education level of residents all predict county-level variation in support for liberalization of cannabis law.  Stronger Republican political leanings and/or higher percentages of Black or Hispanic residents were associated with reduced support, whereas higher education, male sex composition, and greater past criminalization were associated with increased support for cannabis legalization across counties. Religiosity and rurality were inconsequential as predictors of county-level voting patterns favoring recreational cannabis.  The substantial geographic variability in voter support for cannabis legalization has significant implications for policy implementation and effectiveness.

July 8, 2020 in Initiative reforms in states, Political perspective on reforms, Polling data and results, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)

Monday, July 6, 2020

Is marijuana reform really a "Superweapon Biden Refuses to Use"?

EJ3gu5eWsAEdEfSThe question in the title of this post is drawn from the headline of this great new Atlantic piece by Edward-Isaac Dovere fully titled "The Marijuana Superweapon Biden Refuses to Use: Legalizing marijuana is extremely popular. So why won’t Joe Biden embrace the idea?".  Here are extended excerpts from an interesting piece worth reading in full:

Democratic political consultants dream of issues like marijuana legalization. Democrats are overwhelmingly in favor of it, polls show.  So are independents. A majority of Republicans favor it now too. It motivates progressives, young people, and Black Americans to vote. Put it on the ballot, and it’s proved a sure way to boost turnout for supportive politicians. It’s popular in key presidential-election states, including Michigan, Pennsylvania, Colorado, Florida, Arizona, and Virginia. There’s no clear political downside — although marijuana legalization motivates its supporters, it doesn’t motivate its opponents. For the Democratic presidential nominee, the upsides of supporting it would include energizing a very committed group of single-issue voters and making a major move toward criminal-justice reform and the Bernie Sanders agenda.

Joe Biden won’t inhale.

Democrats eager for Biden to support legalization have theories about why he won’t.  His aides insist they’re all wrong.  It’s not, they say, because he’s from a generation scared by Reefer Madness. It’s not, they say, because he spent a career in Washington pushing for mandatory minimum sentencing and other changes to drug laws.  It’s definitely not, according to people who have discussed the policy with him, because he’s a teetotaler whose father battled alcoholism and whose son has fought addiction, and who’s had gateway-drug anxieties drilled into him.  With legalization seeming such an obvious political win, all that’s stopping Biden, current and former aides say, is public health.  He’s read the studies, or at least, summaries of the studies (campaign aides pointed me to this one).  He wants to see more.  He’s looking for something definitive to assure him that legalizing won’t lead to serious mental or physical problems, in teens or adults....

If Biden really has his eyes on public health, he should think about how many Black people end up in jail for marijuana sale and possession, argues Jackson, Mississippi, Mayor Chokwe Lumumba — a young Black progressive who oversaw local decriminalization in his city in 2018....  Alternatively, John Fetterman, the lieutenant governor of Pennsylvania, says Biden should think about how legalization could raise tax revenue in the post-pandemic economy of state budget deficits....

Amid the criticism that Biden hasn’t taken a definitive stance on legalization, it’s easy to lose track of how far ahead he is of any other major-party presidential nominee in history in terms of changing marijuana policy.  He’d decriminalize use, which would mean fines instead of jail time, and move to expunge records for using.  He’d remove federal enforcement in states that have legalized the drug.  That’s further, by far, than Donald Trump, or Barack Obama, has gone.  Biden would move marijuana off as a Schedule 1 narcotic, the same category as heroin, but would not take it off the illegal-drugs schedule entirely, so that federal law would treat it the way it does alcohol or nicotine....

“As science ends up with more conclusive evidence regarding the impact of marijuana, I think he would look at that data. But he’s being asked to make a decision right now. This is where the science guides him,” Stef Feldman, Biden’s policy director, explained to me....  There isn’t some conclusive study about health effects that Biden is ignoring, but one is also not likely to emerge anytime soon.  And though they insist this is all about health, other ripples from legalization are on the minds of institutionalists like Biden and his close advisers: trade deals that require both sides to keep marijuana illegal would have to be rewritten, half a century of American pressure on other countries about their drug policies would be reversed, and hard-line police unions would have to be convinced that he wasn’t just giving in to stoners. 

Realistically, marijuana isn’t a priority right now for the campaign.  Legalization is at once too small an issue for Biden’s tiny team to focus on and too large an issue to take a stand on without fuller vetting.  And it comes with a frustration among people close to Biden, who point out that liberals talk about trusting science on everything from climate change to wearing masks — and, notably, wanted vaping restricted because the health effects were unclear — but are willing to let that standard slide here because they want marijuana to be legal.

Biden’s compromise: going right to the edge of legalization, while appointing a criminal-justice task force for his campaign whose members have each supported at least some approach to legalization.  But that sort of signaling doesn’t get people to the polls.  “Being cute is fine. Being bold is motivating,” Ben Wessel, the director of NextGen America, a group focused on boosting political involvement among younger voters, told me.

“If Biden said he wants to legalize marijuana tomorrow, it would help him get reluctant young voters off the fence and come home to vote for Biden — especially Bernie [Sanders] supporters, especially young people of color who have been screwed by a criminal-justice system that treats them unfairly on marijuana issues,” Wessel told me.  Publicly supporting marijuana legalization would be an easy, attention-grabbing move, and might help many Sanders diehards get past the fact that he’s not where they want him to be on the rest of their candidate’s democratic-socialist agenda. 

In 2018, top Democrats credited a legalization ballot initiative in Michigan with boosting turnout and producing the biggest blue wave in the country — winning races for governor, Senate, attorney general, and secretary of state, along with flipping two congressional seats and multiple state-legislature seats.  A ballot initiative is expected for the fall in Arizona, New Jersey, South Dakota, and possibly Montana.  Anyone who believes — hopefully, or out of cynical political calculation — that Biden will announce some big change in his thinking, aides told me, will be disappointed. 

I really like lots of aspects of this commentary, and I generally believe support for marijuana reform is a sound and significant political strategy these days.  But, as this piece highlights, when Biden's opponent is Donald Trump, it will still be easy for Biden to claim to be the most reform-minded candidate.  And while support for full legalization might attract younger voters, it also will attract hard questions about whether Biden would support legalizing other drugs.  By saying he will follow the research and the science, Biden can appear both wise and flexible on an issue that can still generate more heat than light.

Moreover, I think the political calculations can be a bit more nuanced here if one thinks about swing states and swing voters.  A number of potential swing states, ranging from Georgia and North Carolina to Iowa and Ohio and Wisconsin (and Texas?), are not states with a track record of significant voter support for full marijuana legalization.  Perhaps even more importantly, key voting blocks like suburban women and older white men are the populations that have generally been most resistant to marijuana reforms.   Though I still think support for major marijuana reforms would be a political plus for Biden, I do not think it is obviously a "superweapon" being left on the sidelines.

July 6, 2020 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)

Tuesday, June 30, 2020

Noticing how marijuana reform now intersects with religious leaders

Im-199484The Wall Street Journal had this recent lengthy article exploring the intersection of marijuana reforms and religious leaders.  The piece is headlined "The Word of God in the Age of Legal Marijuana" and this subheadline highlights it themes: "As more believers begin to tolerate legalization, current and former religious leaders find themselves in the middle of a debate over health, race and law enforcement."  Here are excerpts:

When it comes to marijuana legalization ... some faith leaders ... are weighing the damage the drug can do against the number of people, especially people of color, sent to prison because of it, and the benefits it can provide those in physical pain.

Polls suggest that public tolerance of the drug has gone mainstream, even in religious communities.  A September survey by the Pew Research Center found that 67% of the 2,480 Americans asked spoke in favor of legalizing cannabis, up from 31% in 2000.  The survey found a majority in favor among several religious denominations.  Even evangelicals polled slightly in favor, with 50% saying yes and 49% no....

Plenty of absolutists remain among American clergy.  Dr. Russell Moore is an evangelical theologian and president of the Southern Baptist Convention’s Ethics & Religious Liberty Commission, the denomination’s public-policy arm.  He’s also a prominent marijuana critic.

He stands against legalization or decriminalization because he says marijuana is neither medicine nor a harmless recreational drug, and pro-legalization forces are backed by a profit-driven industry.  He calls marijuana legalization “unwise and even disastrous.”  Dr. Moore, who lives in Brentwood, Tenn., says he has counseled people with various addictions, including marijuana.  He says he sees religious leaders on the front lines of fighting marijuana and the harm it does to families, children and young adults.  “Most of the young evangelicals I know seek to minister to friends who have been harmed by marijuana culture,” he says.  “This isn’t theoretical to them at all.”

But other religious leaders find themselves in a position that would have seemed unthinkable in decades past.  Like Dr. Moore, Pastor Jamal Bryant is a clergyman with a large following and a share of critics that comes with that kind of profile.  He leads New Birth Missionary Baptist Church, an Atlanta-area African-American megachurch with 10,000 parishioners and an online viewership of more than 90,000.  It hosted the funeral of Coretta Scott King.

The pastor has created a line of cannabidiol (also known as CBD) oil-based products called Canna Blessed, organized as an LLC in Georgia.  Selling small amounts of the substance can be legal — it contains no THC, an ingredient in marijuana that provides a high.  CBD has been shown to be helpful in treating some conditions, including certain types of epilepsy, according to a 2018 report by the World Health Organization.

Pastor Bryant wants to sell Canna Blessed in church bookstores.  If THC products became legal in Georgia, he would be open to selling them, too.  “I’m not telling you God said for you to take it,” he says. But if it helps someone in the choir manage a health condition, he says the church should provide it.

Pastor Jamal Bryant says that by entering the cannabis industry he can model generational wealth for his church, congregation and community.  He insists he won’t be “getting zooted on the roof of the church” or giving out cannabis as communion.  Instead he says he wants to raise awareness about holistic medicine and entrepreneurial opportunities he intends to model for his church community. “That would really begin a larger conversation that we really need to have,” he says. “And I don’t think it can happen until it’s in our faces.”

Rev. Alexander Sharp, an ordained minister in the United Church of Christ and executive director of Clergy for a New Drug Policy in Chicago, views the question in more political terms.  He supports adult recreational use and criminal-justice reform.  And since the drug can relieve pain, he argues that legalization is an act of compassion and mercy — one that follows the example of Jesus Christ.  “The only thing that made Jesus really angry were the Pharisees that were hypocrites,” he says.  “And there are pharisaical attitudes in those who oppose drug use.”

Rev. Sharp hopes to witness an end to the war on drugs.  He believes regulation and education are the best responses to human vices, but also says the most compelling argument is for social justice.  “You can pick your numbers according to your state, but African-Americans and Latinos are three times more likely to be arrested for marijuana offenses,” he says.

June 30, 2020 in History of Marijuana Laws in the United States, Political perspective on reforms, Religion, Who decides | Permalink | Comments (0)

Friday, March 27, 2020

"Cannabis finds its moment amid coronavirus outbreak"

CoronavirusandcannabisgraphicThe 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"

Download (8)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.

KEY FINDINGS

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.

THE TAKEAWAY

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

Latest Gallup poll shows steady significant support for marijuana legalization

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.

October 26, 2019 in Political perspective on reforms, Polling data and results, Race, Gender and Class Issues, Who decides | 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)

Thursday, April 18, 2019

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

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

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

Thursday, February 28, 2019

Senator Cory Booker introduces "Marijuana Justice Act of 2019"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Full text of the bill is here.

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

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

A look back at Ohio's first effort to legalize marijuana via 2015 ballot initiative

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:

Newspaper Articles:

Past Seminar Student’s Paper: 

 

February 28, 2019 in Assembled readings on specific topics, Political perspective on reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sunday, January 6, 2019

Will 2019 really be the "year of weed"? How can we tell?

Images (5)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

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

Images (4)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%

65c04791337f8e561d0e508b808657a0One 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. 

November 2, 2018 in Federal Marijuana Laws, Policies and Practices, Political perspective on reforms, Who decides | Permalink | Comments (3)

Monday, October 22, 2018

Latest Gallup polling reports yet another record-high level of support for marijuana legalization in US

Atnixz8w2kguea_rrm-a7qAs 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.

October 22, 2018 in Political perspective on reforms, Polling data and results, Who decides | Permalink | Comments (0)