Friday, January 13, 2023
"Building Solidarity in Support of Immigrants’ Rights in the Evolving Marijuana Legislative Landscape"
As I have mentioned before, after a very busy Fall semester, I am catching up on the posting of some recently produced papers that are part of the on-going series of student papers supported by the Drug Enforcement and Policy Center. And now I have just started teaching a new semester of my marijuana seminar, it is especially enjoyable to be able to highlight some of the great work that was done by students in my last class. The title of this post is the title of this paper authored by Charlotte Kalfas who was in my marijuaan seminar last year and who now completing her 3L year at The Ohio State University Moritz College of Law. Here is the abstract of her paper:
This paper attempts to raise the profile of and build solidarity among disparate groups on the issue of considering how immigration law should be amended or enforced in the wake of the move towards legalization, whether on a state-by-state or federal level. It goes into detail on perspectives and policy rationales for amending the INA to remove marijuana from disparate political perspectives -- those who are already committed to immigrants' rights, those who are already committed to marijuana legalization, and those who are less amenable to either.
For the first group, it's fairly self-explanatory: marijuana use is a deportable offense for immigrants whether or not it is legal, which makes little sense in the era of marijuana reform. For legalization supporters, I focus on economic developments and social justice. Allowing immigrants into the group of people who could purchase and use marijuana would both bring more revenue into the market and create a new group of folks who could work in both agricultural and retail ends of the business. Further, given the divisive history of the connections between marijuana criminalization and immigration, noncitizens should be a key consideration in legalization legislation and regulation just as social equity programs are now for women and other minoritized people. Finally, for those who aren't familiar or amiable to either perspective, the paper dives into arguments about justice and fairness from a legal perspective, and the assertion that supporting minoritized individuals such as immigrants and people of color is beneficial for all members of the U.S.
January 13, 2023 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Political perspective on reforms, Race, Gender and Class Issues | Permalink | Comments (0)
Tuesday, August 16, 2022
The folks at Gallup are reporting here some intriguing new polling data under the headline "Americans Not Convinced Marijuana Benefits Society." Here is part of the write up of the results of new Gallup polling:
Americans are evenly split in their views about marijuana's effect on society, with 49% considering it positive and 50% negative. They are slightly more positive about the drug's effect on people who use it, with 53% saying it's positive and 45% negative.
People's own experience with marijuana is highly related to their views on both questions. Large majorities of adults who say they have ever tried marijuana -- which is nearly half of Americans -- think marijuana's effects on users (70%) and society at large (66%) are positive. Conversely, the majority of those who have never tried marijuana think its effects are negative: 72% say this about its effect on society and 62% about its effect on users....
Also, although Americans have not reached a consensus on whether marijuana benefits people or society, they see it far more positively than they do alcohol. As Gallup reported previously, the same poll finds three in four adults believing alcohol negatively affects society, and 71% think it is harmful to drinkers. These results are from Gallup's July 5-26 Consumption survey, conducted annually each July....
Here are the current demographic patterns for all three marijuana-related behaviors.
Gender: Men are more likely than women to say they have ever tried marijuana, but the two genders are similar in their self-reports of smoking marijuana and consuming marijuana edibles.
Age: The highest usage rates are reported by adults 18 to 34, with 30% of this group saying they smoke marijuana and 22% consuming edibles. These figures drop to 16% each for adults 35 to 54 and 7% each for those 55 and older.
Education: Unlike the strong educational relationship seen with tobacco, education is not a great discriminator in people's use of marijuana. Those with a college degree are about as likely as those with no college education to have ever tried it or to use it currently.
Party: Democrats and independents report similar levels of marijuana use, while Republicans are less likely to smoke or eat it. They are also less likely to have ever tried it.
Monday, July 25, 2022
I am pleased to spotlight another great Drug Enforcement and Policy Center (DEPC) event that is part of our summer 2022 Cannabis Regulatory Deep Dive. (The first event in this series on "Interstate Commerce" can be watched at this YouTube link.). This event is scheduled for August 17 at 12noon and is titled "Not a SAFE Bet: Equitable Access to Cannabis Banking." This is how this event is described on this webpage (where you can register):
According to members of the Cannabis Regulators of Color Coalition, the SAFE Banking Act, as written, is not a safe bet to achieve fair and equitable access to financial services for those in the cannabis industry.
Please join us for another Cannabis Regulatory Deep Dive as our panel of experts shares their analysis of the SAFE Banking Act, why it would fall short of its goals, and recommendations to improve fair access to cannabis banking as detailed in their soon-to-be released paper, Not a SAFE Bet: Equitable Access to Cannabis Banking.
Cat Packer, Distinguished Cannabis Policy Practitioner in Residence, Drug Enforcement and Policy Center, The Ohio State University
Rafi Aliya Crockett, Commissioner, Washington, D.C. Alcoholic Beverage Control Board
Dasheeda Dawson, Cannabis Program Manager, City of Portland, Oregon
Shaleen Title, Distinguished Cannabis Policy Practitioner in Residence, Drug Enforcement and Policy Center, The Ohio State University
Monday, July 11, 2022
"Maximizing social equity as a pillar of public administration: An examination of cannabis dispensary licensing in Pennsylvania"
The title of this post is the title of this notable new paper authored by Alfred Lee Hannah, Daniel J. Mallinson and Lauren Azevedo published in the Public Administration Review. (For the record, this research was supported by funding from the Drug Enforcement and Policy Center.) Here is the paper's abstract:
Public administration upholds four pillars of an administrative practice: economy, efficiency, effectiveness, and social equity. The question arises, however, how do administrators balance effectiveness and social equity when implementing policy? Can the values contributing to administrative decisions be measured?
This study leverages the expansion of medical cannabis programs in the states to interrogate these questions. The awarding of dispensary licenses in Pennsylvania affords the ability to determine the effect of social equity scoring on license award decisions, relative to criteria that represent the other pillars. The results show that safety and business acumen were the most important determining factors in the awarding of licenses, both effectiveness concerns. Social equity does not emerge as a significant determinant until the second round of licensing. This study then discusses the future of social equity provisions for cannabis policy, as well as what the findings mean for social equity in public administration.
July 11, 2022 in Business laws and regulatory issues, Medical Marijuana Data and Research, Race, Gender and Class Issues, Recreational Marijuana Data and Research, Who decides | Permalink | Comments (0)
Saturday, June 11, 2022
I continue to be excited to continue to be able to post a lot of recently produced papers that are part of the on-going series of student papers supported by the Drug Enforcement and Policy Center. In so doing, it is such a pleasure to get to review and highlight great work by OSU law students and recent graduates on so many important and cutting-edge topics. The title of this post is the title of this paper authored by Jamie Feyko who recently graduated from The Ohio State University Moritz College of Law. Here is its abstract:
We have built motherhood into an impossible ideal. Mothers are expected to do it all, be it all, have it all. And these unachievable expectations begin before a child is even born. If something goes wrong during pregnancy, we immediately blame the mother. This culture of blame becomes even more magnified when mothers struggle with addiction. Mothers are blamed for struggling with substance use disorders (SUDs), despite modern medicine establishing — definitively and indisputably — that addiction is a disease, not a choice or a moral failing.
Starting in the 1980s, the criminal justice system began a determined effort to criminalize mothers struggling with SUDs. Drawing on law review articles, legal precedent, and newspaper articles, this paper will explain the relatively modern legal development of criminalizing mothers for struggling with SUDs and contextualize this movement within the evolving cultural beliefs surrounding motherhood and addiction. This paper will detail the ways in which prosecutors first began filing charges against mothers for exposing their fetuses to drug metabolites in utero, the shaky legal foundations of these early attempts, and how state statutes expanded to provide stronger legal footing for criminalizing mothers with addiction. The paper will conclude by explaining the ultimate futility of trying to use the criminal system to “deter” mothers from the disease of addiction and highlight policy changes that would be better suited for addressing the problem of maternal substance use disorders.
Sunday, May 29, 2022
"The Real War on Families – An Examination on American Child Welfare Law in the Shadow of Drug Prohibition"
As mentioned in a number of prior posts, the end of a busy semester becoming the start of summer means I am able to catch up on posting a lot of recently produced papers that are part of the on-going series of student papers supported by the Drug Enforcement and Policy Center. The title of this post is the title of this paper authored by Karen Augenstein, a recent graduate of The Ohio State University Moritz College of Law. Here is its abstract:
American law emphasizes the value of family whether that be through tax deductions on children or mandating child support. However, when it comes to the War on Drugs, the importance of family seems to have been forgotten in favor of punishing those with substance abuse issues in the worst way possible: taking away their children. Whether the intention of lawmakers or not, those who suffered the most tended to be minority and poor parents, the ones who struggled to have their voices heard. Even today, America continues to punish victims of abuse by removing their children and imposing harsh, impossible requirements for reunification.
This paper is divided into three sections. The first section examines the basis for child welfare in America, focusing primarily on three pieces of child welfare legislation that incorporated parental drug use into its mandates: Child Abuse Protection and Treatment Act of 1974, Adoption Assistance and Child Welfare Act of 1980, and the Adoption and Safe Families act of 1997. The second section breaks down two areas of child welfare law: infants born testing positive for drugs and the explosion of the foster care system, and examine how drug laws, coupled with punitive, discriminatory action, broke apart families. Finally, the third section recommends changes the American child welfare system could make in its approach to drug addicted parents, in an effort to reunify, rather than punish, parents who suffer from substance abuse issues.
Tuesday, January 18, 2022
Modern day Fiorello La Guardia?: US Senate candidate Gary Chambers smokes marijuana in new campaign ad protesting criminalization
As detailed in this piece, headlined "Fiorello La Guardia Protested Prohibition By Drinking a Beer…In Congress," some notable politicians have taken notable steps to protest foolhardy prohibitions. Here are the details from a century ago:
Fiorello La Guardia, best known as the mayor of New York City in the 1930s and ’40s, flaunted his illegal drinking by sipping homemade beer in his congressional office in Washington, D.C.
In 1926, La Guardia summoned 20 newspaper reporters and photographers into Room 150 of the House Office Building. With a straight face, he took “near beer” (the low-alcohol beer allowed under the Volstead Act) and mixed it with two-thirds of a bottle of malt tonic. Then he took a sip. He declared the alcoholic beverage legal, according to La Guardia’s New York Times obituary in 1947, and headlines the next day heralded his publicity stunt.
Notably, La Guardia was also not a fan of marijuana prohibition either:
He went on to become one of the most popular mayors in New York City history. As mayor, his activism against congressional policing of substances continued. La Guardia commissioned the La Guardia Committee Report on Marihuana in response to the start of the war on drugs in the late 1930s. In 1944, after five years of study, his report declared several groundbreaking statements:
“The use of marihuana does not lead to morphine or heroin or cocaine addiction and no effort is made to create a market for these narcotics by stimulating the practice of marihuana (sic) smoking. The publicity concerning the catastrophic effects of marihuana smoking in New York City is unfounded. Marihuana is not the determining factor in the commission of major crimes.”
The study was enough to make Harry Anslinger, the first commissioner of the federal Bureau of Narcotics, denounce La Guardia, his study, and his stance on drugs.
La Guardia’s anti-regulatory stance on cannabis wasn’t embraced by the public as much as his stance against Prohibition was. But one day, perhaps the U.S. will look back fondly on La Guardia’s prescience, just like people today look back on his homemade “beer” he drank while in the House of Representatives.
This notable bit of history came to mind when I saw this new ABC News story headlined "Democratic Senate candidate smokes marijuana in new ad highlighting disparity and reform." The ad is very much worth watching in full (so I have it embedded below), and here are the basics from the press piece:
Progressive activist and Democratic U.S. Senate candidate Gary Chambers Jr. smokes marijuana in a field in New Orleans while talking about marijuana reform in his first campaign ad. On Jan. 1, smokeable medical marijuana became legal in Louisiana under certain conditions....
Chambers, who is Black, opens the new ad titled "37 Seconds" by lighting and smoking a joint as a stopwatch clicks in the background.
He says someone is arrested for possession of marijuana every 37 seconds. “Black people are four times more likely to be arrested for marijuana laws than white people. States waste $3.7 billion enforcing marijuana laws every year,” he goes on....
Chambers, who has never been arrested, ended the ad saying, “Most of the people police are arrested aren't dealers, but rather people with small amounts of pot, just like me.”
Monday, January 3, 2022
The title of this post is the title of this encouraging new research in the January 2022 issue of the journal Social Science & Medicine. This piece is authored by Christian Gunadi and Yuyan Shi, and here is its abstract:
Minorities often bear the brunt of unequal enforcement of drug laws. In the U.S., Blacks have been disproportionately more likely to be arrested for cannabis possession than Whites despite a similar rate of cannabis use. Decriminalizing cannabis has been argued as a way to reduce racial disparity in cannabis possession arrests. To date, however, the empirical evidence to support this argument is almost non-existent.
To examine whether cannabis decriminalization was associated with reduced racial disparity in arrests for cannabis possession between Blacks and Whites in the U.S.
Using FBI Uniform Crime Report data from 37 U.S. states, cannabis possession arrest rates were calculated separately for Blacks and Whites from 2000 to 2019. A difference-in-differences framework was used to estimate the association between cannabis decriminalization and racial disparity in cannabis possession arrest rates (Blacks/Whites ratio) among adults and youths.
Cannabis possession arrest rates declined over 70% among adults and over 40% among youths after the implementation of cannabis decriminalization in 11 states. Among adults, decriminalization was associated with a roughly 17% decrease in racial disparity in arrest rates between Blacks and Whites. Among youths, arrest rates declined among both Blacks and Whites but there was no evidence for a change in racial disparity between Blacks and Whites following decriminalization.
Cannabis decriminalization was associated with substantially lower cannabis possession arrest rates among both adults and youths and among both Blacks and Whites. It reduced racial disparity between Blacks and Whites among adults but not youths. These findings suggested that cannabis decriminalization had its intended consequence of reducing arrests and may have potential to reduce racial disparity in arrests at least among adults.
Tuesday, December 7, 2021
The title of this post is the title of this notable new paper available via SSRN and authored by Shaleen Title. (Shaleen Title served as one of five inaugural commissioners of the Massachusetts Cannabis Control Commission from 2017 to 2020, and this year has been serving as the Distinguished Cannabis Policy Practitioner in Residence at the Drug Enforcement and Policy Center.) Here is the abstract for this paper:
As states and local jurisdictions implement new laws legalizing marijuana, many have charged regulators with the worthy goal of remedying the injustices of the drug war, a concept known as social equity. Broadly, social equity falls into a few core policy categories: criminal justice reforms, including automatic expungement of past cannabis offenses; reinvesting a percentage of marijuana tax revenue into the most impacted communities; and — the focus of this paper — creating a cohesive cannabis industry licensing framework with special considerations for people affected by the war on drugs.
So far, no program has successfully achieved its social equity goals as originally envisioned. But as each new state studies and incorporates the experiences of those that previously tried, we are seeing remarkable progress with respect to the involvement, inclusion, and support of people who have experienced disproportionate harm from prohibition. This paper is designed to equip readers with practical advice about how to implement social equity. There are three large policy areas regulators have to address as they begin to design a comprehensive social equity policy for their state’s cannabis industry: policies around what makes an individual or an entity a social equity applicant, policies around what benefits a social equity applicant should have access to, and licensing policies that will support your community’s social equity goals.
December 7, 2021 in Business laws and regulatory issues, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Wednesday, December 1, 2021
"Forty Greenhouses and a Dispenser’s License: Affirmative Action and Racial Equity in Marijuana Licensing"
The title of this post is the title of this paper recently posted to SSRN and authored by Eleni Christofides, a recent graduate of The Ohio State University Moritz College of Law. (This paper is yet another in the on-going series of student papers supported by the Drug Enforcement and Policy Center.) Here is this latest paper's abstract:
Federal and state attempts at creating racially equitable marijuana industries can go much farther to treat the harms of the War on Drugs. If legislatures, or creators of ballot initiatives, seek “race-neutral” policies, they should boost the ability of people with criminal system involvement to have a place in the industry, and to make good on the often-unrealized promise of expungement. However, the most effective strategy is to confront the racist impact of the War on Drugs head-on, and acknowledge the significance of race in creating a legal industry. If laws fail to do so, then as more states pass medical programs or even medical and recreational-combined programs, their data collection shows and will show a lack of diversity in the industry. The silver lining is that the trend may allow future affirmative action schemes to have the evidence to defeat a strict scrutiny challenge. Though frustrating, waiting on legalization that builds more socially and racially equitable systems for the industry is worthwhile. Returning to an industry that has already taken off, primarily with white-owned-and-controlled companies, and trying to infuse racial and social equity, is not a promising strategy to accomplish real and meaningful change.
Friday, November 12, 2021
"Maximizing Social Equity as a Pillar of Public Administration: An Examination of Dispensary Licensing in Pennsylvania"
The title of this post is the title of this notable new preprint authored by Lee Hannah, Daniel Mallinson and Lauren Azevedo. (Note: This research received supported from the Drug Enforcement and Policy Center, which I help direct.) Here is the paper's abstract:
Public administration upholds four key pillars for administrative practice: economy, efficiency, effectiveness, and social equity. The question arises, however, how do administrators balance these often-competing priorities when implementing policy? Can the values which contributed to administrative decisions be measured?
This study leverages the expansion of medical cannabis programs in the states to interrogate these questions. Focusing on the awarding of dispensary licenses in Pennsylvania affords the ability to determine the effect of social equity scoring on license award decision, relative to criteria that represent the other pillars of public administration. The results show that safety and business acumen were the most important determining factors in the awarding of licenses, both effectiveness and efficiency concerns. Social equity does not emerge as a significant determinant.
Monday, October 11, 2021
The title of this post is the title of an exciting event sponsored by the Drug Enforcement and Policy Center at The Ohio State University Moritz College of Law. Here is a description of the event from this registration page:
Long seen by the tobacco industry as a consumer segment of consumers ripe for exploitation, urban communities of color have endured vicious decades of deceit and disregard for their health as the targets of menthol cigarette advertising. Menthols comprise some 30 percent of a shrinking tobacco market in the United States.
As the industry and its supporters in public office move to protect their profits from a federal ban, Dr. Wailoo offers a detailed account of how advertising firms explicitly capitalized on poverty, alienation, and drug use to carve a menthol market out of urban space. This effort, which started in the 1950s and lasted decades, followed the tobacco industry’s false framing of menthol cigarettes as a safer, even healthful alternative for smokers beginning in the 1920s.
Join the Drug Enforcement and Policy Center for a moderated discussion with Professor Keith Wailoo, author of Pushing Cool: Big Tobacco, Racial Marketing, and the Untold Story of the Menthol Cigarette, Dr. Amy Fairchild, dean of The Ohio State University College of Public Health, and DEPC Visiting Assistant Professor Sarah Brady Siff.
Again, registration for this event is available at this link.
Friday, August 27, 2021
The title of this post is the title of this new piece authored by Benjamin Seymour now on SSRN. Here is its abstract:
This Comment offers a fair lending solution to promote racial equity in federal cannabis banking reform: amend the Equal Credit Opportunity Act to ensure individuals previously arrested, charged, or convicted for selling, cultivating, or possessing marijuana will not therefore be precluded from loans to start legal cannabis businesses. Given disparities in the criminal enforcement of marijuana laws, this amendment would provide racial justice benefits, while also encouraging entrepreneurship. As a market-based social justice effort, this amendment offers a bipartisan approach to one of the most vexing and contentious issues in marijuana banking reform.
This Comment briefly surveys the federal statutes that have led to an under-banked cannabis industry and discusses the costs of cash for marijuana businesses. It then examines prior reforms proposed by academics, executive-branch officials, and legislators. Finally, this Comment explores the racial equity concerns that these proposals fail to address and develops a fair lending approach for justice in marijuana banking reform.
Tuesday, July 20, 2021
"Cannabis as Treatment for Chronic Pelvic Pain in Women: An Opportunity for the Cannabis Wellness Industry"
The title of this post is the title of this new paper recently posted to SSRN and authored by Jamie Feyko, a rising 3L at The Ohio State University Moritz College of Law. (This paper is yet another in the on-going series of student papers supported by the Drug Enforcement and Policy Center.) Here is this latest paper's abstract:
In a healthcare landscape that routinely ignores women’s pain, many women turn to cannabis to manage their otherwise debilitating chronic pelvic pain caused by conditions such as endometriosis and polycystic ovary syndrome. This paper explores how the Controlled Substances Act wrongly characterized cannabis as having “no medicinal value” and the effects this federal illegality still has on women seeking alternative pain management therapies for chronic pelvic pain. Additionally, this paper explains why and how cannabis helps relieve such pain through discussing the effects of cannabinoids like THC and CBD on the body’s inflammatory response and the body’s endocannabinoid system. Women, as the leading consumers in our society, have expressed a need and a desire for products that provide relief from chronic pelvic pain and increase sexual pleasure. The 2018 Farm Bill opened the doors to CBD businesses looking to break into the women’s sexual and reproductive wellness market. The market for women-centric CBD pain relief and sexual enjoyment is far from saturated, and this paper encourages those in the CBD industry (or those looking to enter the industry) to take note.
July 20, 2021 in Federal Marijuana Laws, Policies and Practices, Medical community perspectives, Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Who decides | Permalink | Comments (0)
Thursday, July 15, 2021
Highlighting all the great content in BULR's issue on "Marijuana Law 2020: Lessons From the Past, Ideas for the Future"
I just noticed that all the terrific written products of a terrific symposium at Boston University School of Law have now been posted online here. Specifically, the May 2021 issue of the Boston University Law Review has these contributions from the event titled "Marijuana Law 2020: Lessons From the Past, Ideas for the Future"
July 15, 2021 in History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)
Sunday, June 27, 2021
The title of this post is the title of this notable new report authored by Janessa Bailey with Leafly. I recommend the full report's explanation, accounting and scoring of various aspect of social equity in cannabis reform. Here is how the report gets started:
Over the past decade, cannabis legalization has offered new economic opportunities to hundreds of thousands of people across the United States. But those opportunities have not been extended to all Americans.
In the nine years since Colorado and Washington first legalized marijuana for all adults, we’ve learned that past inequities and current barriers aren’t erased by simply declaring cannabis legal.
The systems of discrimination built into 80 years of prohibition won’t be erased by hope and wishful thinking. Their dismantling requires proactive steps on the part of state and municipal policymakers.
Cannabis is the nation’s fastest-growing industry. As of June 2021, 38 states have some form of legalized cannabis, with 19 states and Washington, DC, allowing legal use for all adults. The $18.3 billion dollar industry now supports 321,000 full-time American jobs, and cannabis entrepreneurship and employment have exploded over the past five years.
But as legalization and the growing cannabis industry have expanded, it has become increasingly clear that opportunities in cannabis are not fairly accessible to all Americans.
Seeds of Change offers eight strategies to create a fair and equitable cannabis industry, assesses each legal adult-use state on its implementation of those strategies, and illuminates the often-hidden barriers that contribute to the current disparities in cannabis.
In other words: Here’s what’s needed, here’s how legal states are doing, and here’s why these strategies are necessary.
Tuesday, June 22, 2021
I flagged in this post the great Drug Enforcement and Policy Center (DEPC) event that took place earlier this month titled "Social Equity 2.0: Expanding Horizons." Though I may be a bit biased, I think this 90-minute event was a terrifically interesting discussion of different ways to think about equity in the marijuana reform space But do not take my word for it, and everyone can now watch the full event via the video link on this page. In addition, Alyson Martin of Cannabis Wire authored this effective review of the panel discussion under the headline "What’s the Future of Cannabis Equity?" Here is how the review gets started:
Today, there is no uniformity in how states with legal cannabis approach equity. In other words, within the state-by-state patchwork of cannabis laws, there exists an equity patchwork, though lessons learned are emerging.
Last week, the Drug Enforcement and Policy Center at The Ohio State University Moritz College of Law hosted regulators and policymakers to discuss how cannabis law reform and subsequent rules can be centered on equity and can “lift” communities harmed by the disproportionate enforcement of prohibition. Panelists discussed how regulators can achieve economic empowerment and restorative justice, and how best to reinvest in communities.
Prior related posts on prior related events:
- DEPC event: "Social Equity 2.0: Lessons From Recent State Developments"
- DEPC event: "Social Equity 2.0: Expanding Horizons"
- Equity getting lots of attention, but still much work to do, as social justice becomes centered in marijuana reform efforts
Thursday, June 17, 2021
As reported in this local article, headlined "A bill legalizing marijuana cleared the Connecticut House of Representatives on Wednesday; the measure could receive final approval in the Senate on Thursday," it looks like the Nutmeg State is now getting very close to legalizing marijuana fully for adult use. Here are the basics:
Following more than seven hours of debate, the Connecticut House of Representatives avoided a threatened gubernatorial veto and approved a revised bill that would legalize marijuana in the state.
The measure cleared the House by a largely party-line vote of 76 to 62. Twelve Democrats joined all but one Republican -- Rep. Rick Hayes of Putnam -- in voting no. The bill could come up for a final vote in the Senate as soon as Thursday.
“Connecticut’s time has finally come,” declared Rep. Steven Stafstrom, a Democrat from Bridgeport, who helped shepherd the bill through the House. “We take the next step as this chamber in recognizing the war on drugs has failed us and the criminalization of cannabis was the wrong course of action for our state and for our nation.”
Rep. Juan Candelaria, a New Haven Democrat who has been advocating for the legalization of cannabis for years, said the bill has one of the nation’s strongest social equity provisions. “We’re able to repair the wrongs of the past and ensure that these communities who have been disproportionately impacted are made whole,’' Candelaria said.
The sweeping, 300-page bill, which would legalize cannabis for adults 21 and older, contains a number of provisions, from setting limits on THC content to funding programs to address addiction and mental health. But for many lawmakers, the most vexing part of the legislation is the equity section, which is designed to provide those hurt by the criminalization of cannabis would have an expedited opportunity to enter the potentially lucrative market.
Paul Mounds, Gov. Ned Lamont’s chief of staff, said an earlier version of the bill did “not meet the goals laid out during negotiations when it comes to equity and ensuring the wrongs of the past are righted.”
At a briefing before the debate began, House Speaker Matt Ritter said most members of the Democratic caucus are comfortable removing the language Lamont finds objectionable. After all, he said, it was not part of the original bill that lawmakers crafted in coordination with Lamont’s office.
The bill’s equity provision was a key sticking point, but it wasn’t the only issue some lawmakers found objectionable. Republicans expressed opposition to the very notion of a legal marijuana market, saying it would lead to a rise in crime, a spike in addiction and a host of other societal ills. Rep. Tom O’Dea, R-New Canaan, said his criticism of the measure is based on science. He cited a study by U.S. Department of Health and Human Services that found marijuana use among 12- to 17-year-olds rose in states that legalized cannabis. “Youth use will increase,’' he said.
Rep. Holly Cheeseman, R-East Lyme, noted that much of the marijuana debate focused on equity and the marijuana marketplace. “I know there are good people in this chamber,’' she said. “I know this is motivated by wanting to right the wrongs of the past ... please, this is not the way.”...
Not all of the opponents were Republicans. Rep. Jonathan Steinberg, a moderate Democrat from Westport, said he has long struggled with marijuana legalization. “This is a tough vote,’' Steinberg said. “Frankly no state to date has done well in their first pass in introducing marijuana. ... I’m still uncomfortable. I fully expect we will be back next year and the year after that making needed changes to ensure safety and reliability and equity.” Steinberg introduced and later pulled an amendment that would have barred “home grown” cannabis in Connecticut. He ultimately voted yes on the bill....
Debate over the question of social equity unfolded over the past few days, creating chaos at the Capitol and at one point, throwing the fate of legalization into question. The earlier version of the bill backed by Lamont contained a geographic definition of equity, giving preference to people from cities that have borne the brunt of the war on drugs. But late Tuesday, right before the Senate was scheduled to vote on the bill, the equity provision was changed to include people with prior marijuana convictions.
At a press conference Wednesday, Jason Rojas, the House majority leader who helped craft the legislation, said it makes sense to him that people who have been hurt by the criminalization of cannabis are among those who are first in line for a license. “I think it’s appropriate to consider someone’s criminal history in terms of defining an equity applicant,” Rojas said. Ritter, however, echoed some of Lamont’s concerns. “Do I think that you should get a leg up because you got pinched [for] marijuana at 19 at Wesleyan? No, I don’t,” he told reporters before the House session began.
The marijuana legalization effort has stalled for at least five years at the Capitol. But this year, it appeared to have fresh momentum and Lamont’s strong support. Despite that, the bill only came up for debate in the Senate for the first time last week. The Senate approved the bill but because time ran out before the House could vote, the legislature convened in a special session this week to take up the bill.
June 17, 2021 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)
Wednesday, June 9, 2021
The title of this post is the title of this new paper recently posted to SSRN and authored by Samuel DeWitt, a student at The Ohio State University Moritz College of Law. (This paper is yet another in the on-going series of student papers supported by the Drug Enforcement and Policy Center.) Here is this latest paper's abstract:
As legal cannabis begins to infiltrate most American states and public support grows for federal legalization, the national discussion has shifted from if cannabis should be legalized to how it should be legalized. A significant part of this debate has centered around the need to use cannabis legalization to address the lasting harm done to communities of color through federal prohibition. A fair and just framework for the legal cannabis industry cannot be achieved without sufficient efforts to foster social equity within the industry and to right the wrongs done by decades of prohibition. While most states with legal cannabis have recognized this issue and have taken some steps to address it, state action as a whole has been mostly ineffective and does not adequately reflect the scale of the problem. This paper argues that broad federal action is needed to achieve true social equity in the cannabis industry, action that goes beyond recognizing the problems and works to change the stigma surrounding drug use and its historical relation to communities of color.
June 9, 2021 in Federal Marijuana Laws, Policies and Practices, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)
Wednesday, June 2, 2021
I am pleased to spotlight another great Drug Enforcement and Policy Center (DEPC) event taking place next week titled "Social Equity 2.0: Expanding Horizons." This is how this event, which is on June 9 at 1pm EDT, is described on this page (where you can register):
Despite enthusiasm from policymakers and hard work by government regulators, many feel that the promise of social equity in the cannabis industry remains elusive. The obstacles are numerous, ranging from legal challenges, to difficulties with implementation, to weak policy provisions. Is it time to rethink cannabis social equity?
Join the Drug Enforcement and Policy Center for a virtual event that brings together a panel of experts who are imagining a different framework to achieve the goal of healing the harms of past prohibition and lift communities affected by the War on Drugs. Panelists will discuss ways to expand the horizons of how we achieve social equity.
Douglas A. Berman, executive director, Drug Enforcement and Policy Center
Amber Marks, lawyer and lecturer, Queen Mary University of London
Cat Packer, executive director, Department of Cannabis Regulation, City of Los Angeles
Dan Riffle, policy analyst on substance abuse treatment and prevention, District of Columbia Department of Behavioral Health
Shaleen Title, distinguished cannabis policy practitioner in residence, Drug Enforcement and Policy Center, and vice-chair, Cannabis Regulators of Color Coalition
Prior related posts on prior related event:
- DEPC event: "Social Equity 2.0: Lessons From Recent State Developments"
- Equity getting lots of attention, but still much work to do, as social justice becomes centered in marijuana reform efforts