Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Sunday, June 16, 2019

"Marijuana Damages Young Brains: States that legalize it should set a minimum age of 25 or older."

The title of this post is the headline of this new commentary in the New York Times authored by two doctors, Kenneth L. Davis and Mary Jeanne Kreek. Here are excerpts:

It’s tempting to think marijuana is a harmless substance that poses no threat to teens and young adults. The medical facts, however, reveal a different reality.

Numerous studies show that marijuana can have a deleterious impact on cognitive development in adolescents, impairing executive function, processing speed, memory, attention span and concentration. The damage is measurable with an I.Q. test. Researchers who tracked subjects from childhood through age 38 found a consequential I.Q. decline over the 25-year period among adolescents who consistently used marijuana every week. In addition, studies have shown that substantial adolescent exposure to marijuana may be a predictor of opioid use disorders.

The reason the adolescent brain is so vulnerable to the effect of drugs is that the brain — especially the prefrontal cortex, which controls decision making, judgment and impulsivity — is still developing in adolescents and young adults until age 25....

The risk that marijuana use poses to adolescents today is far greater than it was 20 or 30 years ago, because the marijuana grown now is much more potent. In the early 1990s, the average THC content of confiscated marijuana was roughly 3.7 percent. By contrast, a recent analysis of marijuana for sale in Colorado’s authorized dispensaries showed an average THC content of 18.7 percent.

The proposals for legalizing marijuana under consideration in New York and New Jersey allow for use starting at age 21. While society may consider a 21-year-old to be an adult, the brain is still developing at that age. States that legalize marijuana should set a minimum age of no younger than 25. They should also impose stricter limits on THC levels and strictly monitor them. Educational campaigns are also necessary to help the public understand that marijuana is not harmless.

Simply because society has become more accepting of marijuana use doesn’t make it safe for high school and college students. Cigarettes and alcohol, both legal, have caused great harm in society as well as to people’s health, and have ruined many lives. Marijuana may do the same. We must tightly regulate the emerging cannabis industry to protect the developing brain.

UPDATE: Interestingly, not long after blogging about this NY Times commentary, I came across this extended Washington Post piece headlined "Potent pot, vulnerable teens trigger concerns in first states to legalize marijuana." Here is a snippet:

As more than a dozen states from Hawaii to New Hampshire consider legalizing marijuana, doctors warn of an urgent need for better education — not just of teens but of parents and lawmakers — about how the products being marketed can significantly affect young people’s brain development.

The limited scientific research to date shows that earlier and more frequent use of high-THC cannabis puts adolescents at greater jeopardy of substance use disorders, mental health issues and poor school performance.

“The brain is abnormally vulnerable during adolescence,” said Staci Gruber, an associate professor of psychiatry at Harvard Medical School who studies how marijuana affects the brain. “Policy seems to have outpaced science, and in the best of all possible worlds, science would allow us to set policy.”

June 16, 2019 in Medical community perspectives, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Thursday, June 13, 2019

SAM releases report on "Fiscal Impact Study" concerning marijuana legalization in New York

The leading national group opposed to modern marijuana reform, Smart Approaches to Marijuana (SAM), has this new report seeking to document costs that could flow from marijuana legalization in New York.  Here is the report's executive summary:

The proposed legalization of marijuana in New York will result in higher costs to state and local law enforcement and emergency services.  Towns and cities across the state will face increased budgetary pressures at a time when New York’s tax burden is already a serious drag on the economy.  In fact, according to the Tax Foundation, New York has the highest state and local tax burden in the country as a percent of the economy (12.7 percent) and fourth highest per person property tax burden ($2,782).1

Marijuana legalization in New York will have both significant budgetary and societal costs.  In fact, law enforcement and emergency services costs could account for a majority of the revenue projected by the office of New York Governor Andrew Cuomo, to be realized by legalization.

First, marijuana legalization will be a major cost driver for state and local law enforcement and emergency services agencies.  Keeping New York’s roads (from DWIs) and communities (from black market operations) safe will require additional drug policing with Drug Recognition Experts (DREs), drug testing equipment, and drug-sniffing dogs all of which will likely require expensive new equipment acquisitions and training.  Also, dealing with the consequences of increased impaired driving, and the corresponding increase in car crashes will lead to higher costs to law enforcement and emergency services.

Overall, upfront budgetary costs to law enforcement and emergency services could range from $190.3 to 235.2 million.  Ongoing annual estimated costs range from $157.5 to $192.2 million.  Car crashes would cost another $44 million between 2018 and 2028.

Second, car crashes have a broader negative societal impact in terms of increased hospitalizations (paid for, in part, by public health agencies), emergency departments, and deaths.

Overall societal costs between 2018 and 2028 would mean $388 million in hospitalization charges (of which $34.5 million will be paid for by public funded sources such as Medicaid and Medicare), $253 million in emergency department visits, and $4.3 billion in the value of lost lives.

In the end, marijuana legalization will create numerous destructive waves through New York ranging from significant budgetary hardship to law enforcement and emergency services to the shattered lives of people involved in car crashes.  New York’s law enforcement and emergency services will bear the immediate brunt of these circumstances which will create tradeoffs from reducing other existing services potentially impacting public safety, to increasing local budgets and taxes, boosting New York’s already highest-in-the-nation level of taxation.

June 13, 2019 in Recreational Marijuana Commentary and Debate | Permalink | Comments (2)

Tuesday, June 11, 2019

Notable analysis of full legalization's impact on medical marijuana regimes

800The AP has this new extended article, headlined "Broad legalization takes toll on medical pot," which looks at the impact of full marijuana legalization on medical marijuana programs.  Here are some excerpts:

When states legalize pot for all adults, long-standing medical marijuana programs take a big hit, in some cases losing more than half their registered patients in just a few years, according to a data analysis by The Associated Press.

Much of the decline comes from consumers who, ill or not, got medical cards in their states because it was the only way to buy marijuana legally and then discarded them when broader legalization arrived. But for people who truly rely on marijuana to control ailments such as nausea or cancer pain, the arrival of so-called recreational cannabis can mean fewer and more expensive options....

States see a “massive exodus” of medical patients when they legalize marijuana for all adults — and then, in many cases, the remaining ones struggle, said David Mangone, director of government affairs for Americans for Safe Access. “Some of the products that these patients have relied on for consistency — and have used over and over for years — are disappearing off the shelves to market products that have a wider appeal,” he said. Cost also rises, a problem that’s compounded because many of those who stay in medical programs are low-income and rely on Social Security disability, he said.

In Oregon, where the medical program shrank the most following recreational legalization, nearly two-thirds of patients gave up their medical cards, the AP found. As patients exited, the market followed: The number of medical-only retail shops fell from 400 to two, and hundreds of growers who contracted with individual patients to grow specific strains walked away.

Now, some of the roughly 28,000 medical patients left are struggling to find affordable medical marijuana products they’ve relied on for years. While the state is awash in dry marijuana flower that’s dirt cheap, the specialized oils, tinctures and potent edibles used to alleviate severe illnesses can be harder to find and more expensive to buy....

Ten states have both medical and recreational markets. Four of them — Oregon, Nevada, Colorado, Alaska — have the combination of an established recreational marketplace and data on medical patients. The AP analysis found all four saw a drop in medical patients after broader legalization.

In Alaska, the state with the second-biggest decline, medical cardholders dropped by 63% after recreational sales began in 2016, followed by Nevada with nearly 40% since 2017 and Colorado with 19% since 2014.

The largest of all the legal markets, California, doesn’t keep data on medical patients, but those who use it say their community has been in turmoil since recreational pot debuted last year. That’s partly because the state ended unlicensed cannabis cooperatives where patients shared their homegrown pot for free....

Getting a precise nationwide count of medical patients is impossible because California, Washington and Maine don’t keep data. However, absent those states, the AP found at the end of last year nearly 1.4 million people were active patients in a medical marijuana program. The AP estimates if those states were added the number would increase by about 1 million.

As more states legalize marijuana for all adults, some who have been using it medically are feeling disenfranchised.

In Michigan, where medical marijuana has been legal for over a decade, the creation of a new licensing system for medical dispensaries has sparked court challenges as the state prepares for the advent of general marijuana sales later this year. A cancer patient there filed a federal lawsuit this month, alleging the slow licensing pace has created a shortage of the products she needs to maintain her weight and control pain.

In Washington, medical patients feel they were pushed aside when that state merged its medical and general-use markets, which also is what’s happening in California. Los Angeles dispensary owner Jerred Kiloh sells medical and recreational marijuana and said those markets are quickly becoming one, since few companies are going to produce products for a vanishing group of customers. He said his medical business has dipped to 7% of overall sales and is dropping month to month. “It’s going to be gone,” said Kiloh, president of the LA trade group United Cannabis Business Association.

June 11, 2019 in Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (1)

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

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

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

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

Prior student papers in this series:

June 11, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Medical Marijuana State Laws and Reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, June 6, 2019

Interesting CRS report on "Marijuana Use and Highway Safety"

Last month, the Congressional Research Service released this interesting short report titled simply "Marijuana Use and Highway Safety." Here is its introduction:

A growing number of Americans report that they use marijuana.  As more states decriminalize the use of marijuana, the question of what impact marijuana usage has on the risk of a driver being involved in a motor vehicle crash has become more pertinent.  In a survey, the majority of state highway safety offices rated drugged driving an issue at least as important as driving while impaired by alcohol.

When faced with the issue of driver impairment due to marijuana, some stakeholders tend to approach the issue using the analogy of driver impairment due to alcohol. However, there are important differences between the two substances.  The fact that alcohol reduces a user’s ability to think clearly and to perform physical tasks has been known for decades.  Extensive research has established correlations between the extent of alcohol consumption and impairment, including drivers’ reaction times. Much less research has been done on marijuana.  Marijuana is a more complex substance than alcohol.  It is absorbed in the body differently from alcohol; it affects the body in different ways from alcohol; tests for its presence in the body produce more complicated results than tests for the presence of alcohol; and correlating its effects with its levels in the body is much more complicated than for alcohol.

That marijuana usage increases a driver’s risk of crashing is not clearly established.  Studies of marijuana’s impact on a driver’s performance have thus far found that, while marijuana usage can measurably affect a driver’s performance in a laboratory setting, that effect may not translate into an increased likelihood of the driver being involved in a motor vehicle crash in a real-world setting, where many other variables affect the risk of a crash.  Some studies of actual crashes have estimated a small increase in the risk of crash involvement as a result of marijuana usage, while others have estimated little or no increase in the likelihood of a crash from using marijuana.

This CRS report addresses various aspects of the issue of marijuana-impaired driving, including patterns of marijuana use, the relationship and detection of marijuana use and driver impairment, and related state law and law enforcement challenges.  The report also references the congressionally required July 2017 report by the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), Marijuana-Impaired Driving: A Report to Congress (hereinafter referred to as NHTSA’s 2017 Marijuana-Impaired Driving Report to Congress), as well as other studies and research.

June 6, 2019 in Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

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

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

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

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

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

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

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

Wednesday, May 29, 2019

"An Argument Against Regulating Cannabis Like Alcohol"

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

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

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

Prior student papers in this series:

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

Wednesday, May 22, 2019

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

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

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

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

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

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

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

Tuesday, May 21, 2019

New issue brief calls for "Using Marijuana Revenue to Create Jobs"

Download (25)As detailed in this press release, yesterday "the Center for American Progress released a new issue brief calling for states and the federal government to use marijuana tax revenue to fund the creation of thousands of public sector jobs in low-income communities of color that have been historically deprived of economic opportunity due to discriminatory drug enforcement."  Here is more from the release:

The issue brief proposes a tangible way to pay for the creation of jobs in communities that have experienced the heaviest consequences of disparate criminal enforcement of marijuana.  The authors calculate that annual tax revenues from the regulated marijuana market in California and Washington state, for example, could create nearly 20,000 jobs.  This number is sure to increase as more and more Americans — 68 percent, according to a 2018 CAP/GBAO Strategies poll — favor marijuana legalization and more states consider legalizing the recreational use of marijuana as well as creating a regulated marijuana market.

The proposal is an outgrowth of CAP’s 2018 report, “Blueprint for the 21st Century: A Plan for Better Jobs and Stronger Communities,” which called for a massive investment in public sector  job creation and a jobs guarantee for highly distressed communities.

The brief further describes the need to ensure that any marijuana legalization effort leads with provisions that ensure racial equity and correct injustices that have resulted from the war on drugs.  Key recommendations include providing automatic and cost-free expungements of marijuana arrest and conviction records; reinvesting in essential services for communities most harmed by the war on drugs; and promoting equitable licensing systems and funding for minority-owned businesses.  These measures would greatly help people who face barriers to economic opportunity, employment, and other basic necessities due to the collateral consequences of a marijuana-related conviction.

The full eight-page issue brief is titled “Using Marijuana Revenue to Create Jobs” and is authored by Maritza Perez, Olugbenga Ajilore, and Ed Chung. Here is its conclusion:

Today, states are raking in billion-dollar profits for activity that sent millions of African American and Latinx individuals into the criminal justice system, trapping their families and communities in poverty for generations.  The movement to legalize marijuana presents an opportunity both to achieve justice for and to build economic opportunity in these communities.  Creating public sector jobs and other policies outlined in this issue brief acknowledge the economic impact that the war on drugs has had on low-income people of color.  With these policies, elected leaders can begin to address the structural barriers that states must rupture so that individuals from some of their most vulnerable communities have equal access to economic opportunity.

May 21, 2019 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Monday, May 20, 2019

"Marijuana in the Workplace: Distinguishing Between On-Duty and Off-Duty Consumption"

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

The proliferation of legal marijuana foretells an uncertain future for businesses that implement zero-tolerance drug policies.  In states where recreational marijuana is legal, businesses still have the power to enforce drug policies through employment contracts.  That changed in Maine, where state law prohibits employers from making adverse employment decisions based solely on an employee’s off-duty use of marijuana.  As legalization efforts sweep across the Midwest, it is unclear whether other states will follow Maine’s model.  Some businesses have already relaxed pre employment marijuana testing amid labor shortages.  To prepare for the future, employers should revise their drug policies to distinguish between on-duty and off-duty marijuana consumption and allow employees to use marijuana outside of the workplace.

Prior student papers in this series:

May 20, 2019 in Business laws and regulatory issues, Employment and labor law issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

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

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

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

May 20, 2019 in Criminal justice developments and reforms, History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, May 15, 2019

Interesting data on marijuana arrests in DC after 2014 legalization initiative

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

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

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

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

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

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

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

Tuesday, May 14, 2019

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

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

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

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

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

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

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

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

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

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

Monday, April 29, 2019

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

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

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

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

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

Thursday, April 25, 2019

"Cannabis, Marijuana, Weed, Pot? Just Call It a Job Machine"

The title of this post is the headline of this notable and lengthy new New York Times article.  Here are excerpts:

Although cannabis remains illegal on the federal level, 33 states now allow its sale at least for medical purposes.  Ten of them, including California, have legalized recreational use.  And as new markets open and capital continues to flood in, the cannabis industry has become, by some measures, one of the country’s fastest-growing job sectors.

The jobs range from hourly work at farms and stores to executive positions.  They also span the country. Columbia Care, a medical cannabis company that is based in New York and has 500 employees, has indoor farms and manufacturing plants in Massachusetts, Delaware, Florida, Illinois, Arizona and the District of Columbia.

It’s hard to know exactly how many jobs there are in the legal cannabis business.  The United States Labor Department collects data from cannabis farms and retailers, but does not provide figures for the industry. Still, listings for cannabis-related positions have rocketed to the top echelon of the fastest-growing-job categories on sites like Indeed and ZipRecruiter.

Julia Pollak, a labor economist at ZipRecruiter, said the company’s data put the number of cannabis jobs nationwide at 200,000 to 300,000.  Most of those jobs are on the lower end of the pay scale, consisting of rote agricultural work like plant trimming ($10 to $15 an hour) and “budtenders” (about $25,000 a year), who help customers decide what kind of cannabis they want and then weigh and bag it.

But as the industry expands, there has also been a strong demand for better-paid positions like chemists, software engineers, and nurses who consult with patients about using cannabis for anxiety and other medical conditions.  “The early signs are that this will grow rapidly,” Ms. Pollak said....

The pioneers who brought the industry out of the shadows are being joined by professional managers and executives — “talent,” in corporate speak — who have had careers in other industries.  For upper-level managers and executives, companies say they prefer candidates with a background in highly regulated industries like alcohol or pharmaceuticals....

After a decade in pharmaceutical marketing at companies including Gilead Sciences, Julie Raque recently became the vice president for marketing at Cannabistry Labs, a cannabis research and testing company in Chicago.  She was intrigued by the industry and eager to join a start-up, but had to take a pay cut in exchange for company stock — and to accept that her decision might be a one-way door.  “I highly doubt companies would want to hire me back,” she said.  “I knew I was about to do something big, and since then I’ve not looked back, because I’m having so much fun.”

A few prior related posts:

April 25, 2019 in Business laws and regulatory issues, Employment and labor law issues, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (1)

Saturday, April 20, 2019

Real research to support the unreal attention the food industry now gives to 4/20

As I mentioned in a prior post,  I am not all that keen on all the marijuana buzz devoted to 4/20.   But I am certainly keen on getting a bargain, and this USA Today article highlights how many food retailers are eager to make much of the holiday.  The article is headlined "4/20 specials: 'High' priority list of munchie deals at Pizza Hut, Carl's Jr., Lyft, more," and here is how it sets up the list of offersns:

Saturday is a high-ranking made-up holiday. It's 4/20, aka Weed Day or Pot Day, and that means specials for cannabis fans across the country, regardless of whether they can legally buy pot in their state or not.

This year, more major restaurant chains are getting in the holiday mood including Pizza Hut, which has a sweet brownie deal, and Boston Market with its buy-one-get-one free Pot Pie deal. Plus, Carl’s Jr. says it is the first chain to test a CBD-burger at one Denver location only on Saturday.....

Unlike marijuana, another cannabis species, hemp has almost none of the psychoactive compounds that cause a user to get high. Now that it's no longer labeled a controlled substance, more businesses have the opportunity to create hemp-based products, from tinctures to lotions.

Here are some of munchie deals, not drug deals, though you might find a discounted buzz Saturday....

Whether you think this is misguided or masterful marketing, there is a bit of science behind these tie-ins. Specifically, consider this recent article on SSRN authored by Michele Baggio and Alberto Chong titled "Recreational Marijuana Laws and Junk Food Consumption: Evidence Using Border Analysis and Retail Sales Data."  Here is its abstract:

We use retail scanner data on purchases of high calorie food to study the link between recreational marijuana laws (RMLs) and consumption of high calorie food.  To do this we exploit differences in the timing of introduction of marijuana laws among states and find that they are complements.  Specifically, in counties located in RML states monthly sales of high calorie food increased by 3.1 percent for ice cream, 4.1 for cookies, and 5.3 percent for chips.

April 20, 2019 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

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)

"Canada Has Made Pot Super Boring"

Download (19)The title of this post is the headline of this interesting New Yorker commentary authored by Stephen Marche. Here are excerpts:

This 4/20 will be different, at least in Canada.  It will be the first celebration of marijuana since the country made pot legal in October, 2018.  The time passed since the end of prohibition hasn’t been long enough to establish any direct consequences from legalization so far, but one thing has already become painfully clear from Canada’s experiment. When you make pot legal, you make it super, super boring....

Other than new signs at the airport warning the more dull-witted Canadian citizens to dispense of their marijuana in the appropriate receptacles before leaving the country, it was hard to notice any real change after the passage of the marijuana laws.  The pot dispensaries, semi-underground before the end of prohibition, were supposed to disappear, but went on just as before.  They’ve just becoming increasingly polished.  The place where I buy my weed looks like a Pottery Barn, and it was so busy the other day that they gave me one of those buzzers they hand out at Shake Shack to tell you when your order is ready.  I had to wait twenty minutes.

It’s also money that’s making pot boring.  Recently, I went to a champagne-and-hot-wings party — a superb concept, by the way — in a wealthy neighborhood in Toronto, and it felt like half the people attending were in the cannabis industry in one way or another; many of them had transitioned from hedge funds.  Marijuana stocks have overtaken real estate as the standard conversational go-to of Toronto dinner parties.  And you have not understood how banal marijuana can be until you overhear two parents watching their kids at a swimming lesson discuss how I.S.O. 9000 certification affects the marketing efforts for stocks of C.B.D.-extract companies....

Even a few months after legalization, I find myself wondering how much of the pleasure of marijuana came from its illicitness.  When you used to pass around a joint, you were sharing a little naughtiness, a tiny collective experience of rebellion.  Now, at a party, when you a pass around a joint, you’re basically saying let’s go stare at things for a while.  When I see cops on the street today, there is nothing I do that might upset them.  We are on the same side, utterly.  It’s pathetic.

There may still be dangers to marijuana, of course.  The public-health effects of legalization are, as yet, unknown.  Nobody knows whether legalization will lead to higher rates of teen-age mental illness, or to traffic accidents.  But, already, it is unimaginable that marijuana would be made illegal again.  Even with the brief distance of a few months since the end of prohibition, the sheer stupidity of the drug war appears absolute. Marijuana isn’t worth the attention of the police.  It’s not even that good a drug. It wouldn’t be in my top five, anyway.

One of the most important consequences of marijuana’s legalization is that the drug can now be studied. We might learn how it works and what it does to people. Clinical trials will replace the loose collection of vague anxieties and promotional pseudoscience that have dominated discussions of marijuana up to this point in history.  It will finally be possible to think sensibly about marijuana. And what could be more boring?....

It has to be said, in boredom’s defense, that it’s the cure for a great number of evils.  The cliché holds that America is losing the war on drugs, but it’s not quite accurate. Cocaine and heroin have never been cheaper.  Overdose deaths recently topped car accidents as a more likely cause of death for adults in the United States.  But America is very much winning the war on drugs that are legal: tobacco use has declined sixty-seven per cent since 1965, and drunk-driving fatalities by forty-eight per cent since 1991.  Of course, the way America reduced the use of these drugs wasn’t by killing bad guys and arresting users en masse, but by treating them like social problems with collective solutions.  Yawn.  No one’s going to make a season of “Narcos” out of that.

Canada is proving, once again, the deep political power of boredom: if you want to suck the power and glamour out of drugs, let the government run them.

April 18, 2019 in Business laws and regulatory issues, History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate | Permalink | Comments (1)

Friday, April 12, 2019

"The Canna(business) of Higher Education"

The title of this post is the title of this paper just posted to SSRN and authored by Shelby Slaven, who is a student at The Ohio State University Moritz College of Law. Here is the paper's abstract:

While the idea of legalizing cannabis for adult use is gaining on acceptance among the public, the past and current policies on both, the state and federal level, have resulted in dearth of research on the efficacy of cannabis for therapeutic purposes as well as possible societal and health consequences of recreational use.  Institutes of higher education are best positioned not only to reform research on the substance, but to train a generation of cultivators, distributors, and healthcare professionals, and while doing so address some of the historical harms perpetrated by the policies of the War on Drugs.  Students are seeking out ways to capitalize on a growing market and remedying past discrimination should be a top priority.  This paper first provides an overview of cannabis legalization as it stands today, the political efforts that got it here, and those that will move it forward.  It then discusses institutes of higher education and the efforts to bring cannabis into the classroom.  Lastly, this paper argues that Historically Black Colleges and Universities can provide education, training, and a foot in the door for Black individuals who have suffered harsher criminal penalties in the name of the war on crime.

April 12, 2019 in Business laws and regulatory issues, Employment and labor law issues, History of Marijuana Laws in the United States, Medical Marijuana Commentary and Debate, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, April 10, 2019

Exploring the "complicated relationship between marijuana use and parenting"

The fourth and final planned presentation (both this week and for the semester) by a student in my Marijuana Law, Policy & Reform seminar will look closely at the intersection of marijuana use and parenting. Here's a brief summary of the student's approach to this topic, along with some relevant articles she assembled:

As states increasingly legalize marijuana for medicinal and recreational use, one largely unexplored area is the complicated relationship between marijuana use and parenting.  As with other substances (both legal and illicit), marijuana can have a significant impact on the lives of both parents and children.  Parents who use marijuana likely have conflicting interests and may prioritize their own use over the care of their children.  This could take the form of neglect, through inadequate supervision, or through misallocation of family resources to buy marijuana and other non-essentials.  Parents who use marijuana also risk exposing their children to marijuana in any number of ways.  Second-hand smoke is an obvious risk, as is the potential for children to gain access to marijuana (particularly edibles).

Expectant and breast-feeding mothers are also of particular concern, as there is some data linking marijuana use at these critical stages in development to a whole host of lifelong issues in children.  As with most issues surrounding marijuana use, there simply is not yet enough data in this area.  For example, although some studies have linked marijuana use during pregnancy to particular developmental problems, existing studies have not been able to isolate marijuana as the cause (as opposed to other drugs, nicotine, etc.).  I plan on providing background on existing public health research, giving examples of how various states are dealing with this issue, and presenting issues that have not been adequately addressed by research or policy.

Readings:

"The Effect of Medical Marijuana Laws on Child Maltreatment: Evidence from State Panel Data, 1995-2014"

"Marijuana and Child Abuse and Neglect: A HEALTH IMPACT ASSESSMENT"

"The Contentious Issue of Parents Who Smoke Pot"

"Is Smoking Marijuana Child Endangerment?"

"No Cause for Marijuana Case, but Enough for Child Neglect"

April 10, 2019 in Assembled readings on specific topics, Criminal justice developments and reforms, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)