Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Friday, July 30, 2021

Notable and dynamic marijuana legalization efforts in bellwether (or deep red) Ohio

Download (19)Perhaps because I live and work in Ohio, I still tend to consider the state a national bellwether politically.  But, in recent elections (due in part to gerrymandering as well as to other factors), the state has been quite red politically with  GOP candidates winning the vast majority of statewide and local elections.  Whether now considered a bellwether or a deep red state, recent developments on the marijuana reform front strike me as quite interesting and worth watching in the months ahead.  Here are the basics from two great Marijuana Moment articles:

From July 15, "Ohio Lawmakers To File First-Of-Its-Kind Marijuana Legalization Bill As Activists Pursue Local Reforms":

Ohio lawmakers are preparing to file a bill to legalize and regulate marijuana in the state. This would mark the first time such a proposal to allow recreational cannabis commerce has been introduced in the legislature. Rep. Casey Weinstein (D) is sponsoring the legislation alongside Rep. Terrence Upchurch (D). While the text of the measure has not yet been released, the lawmakers circulated a co-sponsorship memo to colleagues on Thursday to shore up support for the effort in advance of its formal introduction....

The bill would legalize possession of up to five ounces of cannabis for adults 21 and older and allow them to cultivate up to 12 plants for personal use. It will also include provisions to expunge prior convictions for possession and cultivation activities that are being made legal under the measure.

A 10 percent excise tax would be imposed on marijuana sales, with revenue first going toward the cost of implementation and then being divided among municipalities with at least one cannabis shop (15 percent), counties with at least one shop (15 percent), K-12 education (35 percent) and infrastructure (35 percent).

From July 27, "Ohio Marijuana Activists Launch Ballot Campaign To Push Lawmakers To Enact Legalization":

Ohio marijuana activists have a new plan to legalize cannabis in the state as lawmakers pursue separate reform legislation.  Voters rejected a 2015 legalization initiative, and advocates suspended a campaign to place another measure on the 2020 ballot due to the coronavirus pandemic.  But on Tuesday, the Coalition to Regulate Marijuana Like Alcohol (CTRMLA) launched a new effort to implore legislators to enact the policy change.

The group submitted the requisite 1,000 signatures to the Ohio attorney general’s office on Tuesday.  Officials now have 10 days to review the summary and text to ensure that it is “fair and truthful” and approve it for circulation. Several existing medical cannabis businesses are backing the measure....

Unlike past efforts, the new measure is a statutory, rather that a constitutional, proposal.  If supporters collect 132,887 valid signatures from registered voters, the legislature will then have four months to adopt the measure, reject it or adopt and amended version.  If lawmakers do not pass the proposal, organizers will then need to collect an additional 132,887 signatures to place the measure before voters on the ballot in 2022.

The start of an statutory initiative campaign, which gives the Ohio General Assembly a chance to act on proposed reforms before the proposal goes directly to the voters, strikes me as especially shrewd and interesting.  This approach will likely keep the issue in the news in ways that ought to be helpful to reform proponents (e.g., they can discuss tax revenues and the need for Ohio to keep up with its reform neighbors); and this approach may require many state legislators to have to express a position on reform in a run-up to an off-year election in which a topic like marijuana reform could help turn out some extra voters.  Interesting times.

July 30, 2021 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, July 22, 2021

"Recreational Cannabis Legalization and Alcohol Purchasing: A Difference-in-Differences Analysis"

The title of this post is the title of this notable new research by Collin Calvert and Darin Erickson now available via SSRN. Here is its abstract:

Background:  Whether recreational cannabis legalization is associated with changes in alcohol consumption (suggesting a potential substitution or complementary relationship) is a key question as cannabis policy evolves, particularly given the adverse health and social effects of alcohol use.  Relatively little research has explored this question.

Methods This study examined the association between recreational cannabis legalization and alcohol purchasing in the U.S. using an interrupted time series design. We used data from the Nielsen Consumer Panel (2004-2017) from 69,761 households in all 50 states to calculate monthly milliliters of pure ethanol purchased for four beverage categories (beer, wine, spirits, and all alcohol products). We used difference-in-differences models and robust cluster standard errors to compare changes in milliliters of pure ethanol purchased.  We fit models for each beverage category, comparing three “policy” states that have legalized recreational cannabis (Colorado, Oregon, and Washington) to states that had not legalized recreational cannabis.  In one set of models, a single control state was selected that matched pre-policy purchasing trends in the policy states.  In another set, policy states were compared to all states that had not legalized recreational cannabis.

Results:  Compared to all other states that did not legalize recreational cannabis, Colorado households showed a 13% average monthly decrease in purchases of all alcoholic products combined (estimate: 0.87; CI: 0.77, 0.98) and a 6% decrease in wine (0.94; CI: 0.89, 0.99).  Estimates in Washington were suggestive of an increase in spirits purchased in both the unrestricted (1.24; CI: 1.12, 1.37) and restricted sample (1.18; CI: 1.02, 1.36).  Oregon showed a significant decrease in monthly spirits purchased when compared to its selected comparator state (0.87; CI: 0.77, 0.99) and to all other states without legalized recreational cannabis (0.85; CI: 0.77, 0.95).

Conclusions Results suggest that alcohol and cannabis are not clearly substitutes nor complements to one-another.  Future studies should examine additional states as more time passes and more post-legalization data becomes available, use cannabis purchase data and consider additional methods for control selection in quasi-experimental studies. 

July 22, 2021 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Tuesday, July 20, 2021

Some federal reform headlines a week after introduction of the Cannabis Administration and Opportunity Act

My Google and Twitter feeds have not been buzzing about the release last week of the discussion draft of the Cannabis Administration and Opportunity Act, and that has lead me to think nobody is too excited about its particulars. That said, it is still an important bill-in-development, and I thought it worthwhile to round up some of the reactions and commentary I have seen in response:

From The American Prospect, "High Hurdles for Commonsense Cannabis Reform: The plan unveiled by the Senate majority leader is doomed to languish despite massive public support for legalization."

From Bloomberg, "U.S. Pot Legalization Bill Gets a Frosty Reception"

From Daily Breeze (editorial), "Latest federal marijuana bill a total dud"

From Fox Business, "Democrats' marijuana legalization bill leaves Canopy Growth CEO optimistic"

From Politico, "Amazon endorsed legal weed. Will it now fight to make it happen?"

July 20, 2021 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, 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"

Tuesday, July 13, 2021

"Higher Me: Marijuana Regulation in the Workforce and the Need for State Legislated Employee Protections"

The title of this post is the title of this new paper recently posted to SSRN and authored by Lily Boehmer, 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:  

Although illegal under federal law, states have increasingly pushed the cannabis legality boundary by legalizing the use of recreational and medicinal marijuana at the state level. In the space between diverging federal and state law, such actions have created a dire situation for employees; employees in states that have legalized the use of marijuana can be fired for arguably legal conduct. Legalization of hemp and cannabidiol (CBD) products increase the risk of termination and litigation for employees and employers. State legalization is not what it purports it to mean.

This paper examines the current legal framework of cannabis regulation, discusses the historical, legal precedent of an employer’s right to terminate an employee in contrast to recent case law providing protection and hope to employees, and analyzes why some employers have stopped marijuana drug testing in response to faulty testing and diminished applicant pools.  Ultimately, this paper argues that, absent federal legalization of marijuana, states must protect employees’ off-duty marijuana use through express state legislation.  Legalization cannot be fully actualized until employees can use marijuana without employment repercussions.

July 13, 2021 in Business laws and regulatory issues, Employment and labor law issues, Medical Marijuana Commentary and Debate, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Monday, July 5, 2021

Cannabis Freedom Alliance releases "Recommendations for Federal Regulation of Legal Cannabis"

Cannabis-freedom-allianceI mentioned in this post a few months ago the launch of the Cannabis Freedom Alliance, which is a prominent coalition with a stated mission to "end the prohibition and criminalization of cannabis in the United States in a manner consistent with helping all Americans achieve their full potential and limiting the number of barriers that inhibit innovation and entrepreneurship in a free and open market."  I was now pleased to see that, right around the traditional July time we celebrate our nation's deep commitments to freedom, this Alliance has released this new white paper titled "Recommendations for Federal Regulation of Legal Cannabis."  Here is part of the start of this notable 14-page document:

If major marijuana reform legislation is to be taken seriously in Congress this year, there are many aspects it must address. These include everything from federal regulation and tax issues to financial services, clinical research, the contours of interstate commerce and technical barriers to trade, social equity, criminal justice, and respect of states’ reserved powers. There is a danger that federal legalization, done incorrectly, could produce outcomes even more adverse than the status quo.

This analysis provides an overview of each of these subtopics and provides general recommendations to help guide the effort toward federal legalization of marijuana that will achieve the following goals:

• Establishing a regulatory framework that promotes public safety while allowing innovation, industry, and research to thrive.

• Ensuring individuals previously involved in the illicit market can effectively secure a second chance and contribute to the legal market.

• Creating low barriers to entry and non-restrictive occupational and business licensing so that large companies and new entrepreneurs can compete on a level playing field.

• Imposing a total tax burden – federal, state, and local combined – that does not incentivize the continuation of gray or black markets and ensures competitive global footing for a vibrant, novel U.S. industry.

July 5, 2021 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Sunday, July 4, 2021

Marijuana liberty in America showing rapid growth as we mark Independence Day 2021

8ca3db280b69645a74c9f43cd763bbd9In a 1788 letter to James Madison, George Washington had a wonderful quote that seems especially fitting to highlight on a marijuana blog on Independence Day 2021:  “Liberty, when it begins to take root, is a plant of rapid growth.”  I have long thought that one of many reasons marijuana prohibitions have proved unsuccessful is because cannabis is itself a "plant of rapid growth" and so is readily cultivated in so many places by so many people no matter when the law formally provides or permits. 

Of course, this quote strikes me as especially fitting circa July 4, 2021 after the 2020 election in which adult-use ballot initiatives passed handily in Arizona, Montana, New Jersey, and South Dakota while medical marijuana initiatives passed overwhelmingly in Mississippi and South Dakota.  And in the first half of 2021, we have already seen four more states legalize fully adult use of marijuana  (Connecticut, New Mexico, New York and Virginia) and also seen Alabama enact medical marijuana reform.  The liberty to use marijuana, once it took root after the ballot initiatives in Colorado and Washington in 2012, has seen a decade of growth that has been even more rapid than anyone might have reasonably predicted.

That said, though fans of marijuana freedom certainly have plenty to celebrate today, the recent suspension of US sprinter Sha'Carri Richardson serves as a reminder that we are still a very long way from being fully free from marijuana prohibitions.  Most fundamentally, blanket prohibition of marijuana for any and all uses is still the federal law of the land in the Land of the Free, and there is little reason to be optimistic that this will change before we celebrate Independence Day 2022.  Though many consider access to cannabis fundamental to "Life, Liberty and the pursuit of Happiness," there is still much work to do before we can truly declare independence from laws that make it a crime to grow and consume this particular "plant of rapid growth."

July 4, 2021 in Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Sunday, June 27, 2021

"Seeds of Change: Strategies to create an equitable cannabis industry"

Download (9)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.

June 27, 2021 in Business laws and regulatory issues, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Red state marijuana reforms not yet leading to GOP Senator support for federal reform

Natalie Fertig of Politico has this effective new piece highlighting that Senate Republicans do not seem to be moving off their opposition to broad federal  marijuana reform even as more and more red states enact reform.  The piece is headlined "Republicans are watching their states back weed — and they’re not sold," and here are excerpts:

Marijuana’s popularity boom in red states isn’t breaking through with conservatives on Capitol Hill, pinching an already narrow path to federal legalization.

A growing number of Republican senators represent states that have legalized recreational or medical cannabis — six approved or expanded marijuana in some form just since November.  But without their support in Congress to make up for likely Democratic defectors, weed falls critically short of the 60 votes needed to advance legislation.

Montana’s Steve Daines and South Dakota’s Mike Rounds, both Republicans, said they don’t support comprehensive federal cannabis reform, no matter what voters back home voted for....

Lawmakers whose constituents have already approved some form of legal marijuana are seen as the most likely to support loosening federal restrictions, but so far Republican senators appear largely unmoved by the will of voters when it comes to weed.  In some states, such as Montana and South Dakota, marijuana did better on the ballot than their senators.

POLITICO spoke with a dozen GOP senators who represent medical or recreational cannabis markets in recent days. None committed to vote to remove cannabis from the Controlled Substances Act, but Sens. Lisa Murkowski of Alaska and Kevin Cramer of North Dakota said they were open to discussing ways to remove federal cannabis penalties.  Others, however, said they were not on board with any type of federal cannabis legislation.

June 27, 2021 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, June 22, 2021

Expanding how we think about social equity in the cannabis space

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:

June 22, 2021 in History of Marijuana Laws in the United States, Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Thursday, June 17, 2021

Connecticut on verge of becoming 18th state to fully legalize marijuana (and fifth state in 2021)

Connecticut-recreational-legalization-scaledAs 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)

Thursday, June 10, 2021

"Data, Damn Lies, and Cannabis Policy: Reefer Madness and the Methodological Crimes of the New Prohibitionists"

The title of this post is the title of this article published earlier this year in the journal Critical Criminology and authored by Jon Heidt and Johannes Wheeldon.  Here is its abstract:

The rapid pace of cannabis legalization in North America has provoked a backlash that is predictable and discouraging.  The New Prohibitionists, distinct but related to their predecessors, the Old Prohibitionsists, have offered scholarship rife with conceptual errors, methodological flaws, and practical oversights.  While their advice would likely hasten that which they seek to decrease, they overlook the costs of returning to practices associated with prohibition.  To counter simplistic research interpretations and ill-considered policy, we present a critically informed research program on cannabis and crime based on previous scholarship.  Our work is designed to apply replacement discourse and refocus research to withstand the tendency for justice systems to subvert, rather than embrace, reform.  Cannabis legalization has been decades in the making and serious questions remain for proponents, opponents, and policymakers.  Society, however, will be far worse off if the mistakes of reefer madness are repeated.

June 10, 2021 in Campaigns, elections and public officials concerning reforms, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, June 9, 2021

"Achieving Social Equity in the Cannabis Industry"

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

DEPC event: "Social Equity 2.0: Expanding Horizons"

Social-Equity-2.0-Expanding-Horizons_for-socialI 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.

 

Panelists:
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

 

Moderator:
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:

June 2, 2021 in Race, Gender and Class Issues, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Tuesday, June 1, 2021

Rounding up some recent marijuana news and reform notes as the calendar turns

The Memorial Day weekend serves as the unofficial start to summer and today is the official start of June, and so I figured it was a good time to catch up with a bunch of recent notable stories from major outlets that I have not found time to blog about recently.  So here goes:

From CNBC, "Uber and the delivery war could be headed to cannabis dispensaries"

From Forbes, "Republican Voter Suppression Is Canceling Marijuana Legalization"

From Pew Research Center, "Religious Americans are less likely to endorse legal marijuana for recreational use"

From Politico, "Why Covid rules on liquor, pot and telemedicine might last past the pandemic"

From the New York Times, "Why the Pandemic Was a Breakout Moment for the Cannabis Industry"

From the New York Times, "Yes, Pot Is Legal. But It’s Also in Short Supply."

From NPR, "After 50 Years, U.S. Opens The Door To More Cannabis Crops For Scientists"

From the Wall Street Journal, "Positive Marijuana Tests Are Up Among U.S. Workers"

 

Also, the always great Marijuana Moment has these two notable recent op-eds:

By Shaleen Title, "Congress Only Has One Chance To Legalize Marijuana The Right Way"

By Matthew Schweich, "The War On Ballot Initiatives Has Marijuana In The Crosshairs"

June 1, 2021 in Business laws and regulatory issues, Employment and labor law issues, Recreational Marijuana Commentary and Debate, Religion, Who decides | Permalink | Comments (0)

Friday, May 28, 2021

Could reintroduction of MORE Act in US House actually make federal marijuana reform less likely?

6a00d8341bfae553ef0223c85155dc200c-320wiThe question in the title of this post is my initial reaction and worry in response to this press release from the office of House Judiciary Chair Jerry Nadler.  Here are some basics from the release:

Today, House Judiciary Committee Chairman Jerrold Nadler (D-NY), along with Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX), Hakeem Jeffries (D-NY) and Nydia Velázquez (D-NY) reintroduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.

"Since I introduced the MORE Act last Congress, numerous states across the nation, including my home state of New York, have moved to legalize marijuana. Our federal laws must keep up with this pace," said Chairman Nadler. "I’m proud to reintroduce the MORE Act to decriminalize marijuana at the federal level, remove the needless burden of marijuana convictions on so many Americans, and invest in communities that have been disproportionately harmed by the War on Drugs. I want to thank my colleagues, Representatives Barbara Lee and Earl Blumenauer, Co-Chairs of the Congressional Cannabis Caucus, as well Representatives Sheila Jackson Lee, Hakeem Jeffries, and Nydia Velázquez for their contributions to this legislation, and I look forward to our continued partnership as we work to get this legislation signed into law."...

Following efforts led by states across the nation, the MORE Act decriminalizes marijuana at the federal level. The bill also aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions. This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life. The MORE Act also ensures that all benefits in the law are available to juvenile offenders....

In the 116th Congress, Chairman Nadler led the House of Representatives in passing the MORE Act by a bipartisan vote of 228 to 164.

Because the MORE Act is a very ambitious bill, it has lots of support from many advocacy groups and long-time supporters of marijuana reform. But because the MORE Act is a very ambitious bill, it got no traction in the Senate in the last Congress and there is little reason to be confident it will get any traction in the Senate in this Congress. 

This Politico article last month, headlined "Senate Democrats split over legalizing weed; Several told POLITICO they’re opposed to Majority Leader Chuck Schumer's legalization push," highlighted that not even all Senate Democrats are inclined to support federal marijuana legalization.  That article also rightly noted that there are some particular provisions in the MORE Act that are especially likely to turn off libertarian-leaning GOP Senators who might be inclined to support another kind of federal reform.

Because I have never work on the hill, I am not sure if a bill like the MORE Act with little chance of actual passage can still help advance the reform cause.  But I am sure that the current President and the current Congress seem generally disinclined to do anything all that big in this arena.  The MORE Act is not only big, but it also presents the possibility of indirectly thwarting smaller efforts garnering needed support and momentum going forward.

In this post last month, I suggested that Senator leader Chuck Schumer may have a shrewd view of how best to advance marijuana reform legislation in his chamber.  But I remain worried that there really is neither a will nor a way for big federal marijuana reforms like the MORE Act to become law anytime soon. 

May 28, 2021 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (1)

Friday, May 21, 2021

"The Public Health Effects of Legalizing Marijuana"

The title of this post is the title of this new paper authored by D. Mark Anderson and Daniel I. Rees available via SSRN. Here is its abstract:

Thirty-six states have legalized medical marijuana and 14 states have legalized the use of marijuana for recreational purposes.  In this paper, we review the literature on the public health consequences of legalizing marijuana, focusing on studies that have appeared in economics journals as well as leading public policy, public health, and medical journals.  Among the outcomes considered are: youth marijuana use, alcohol consumption, the abuse of prescription opioids, traffic fatalities, and crime.  For some of these outcomes, there is a near consensus in the literature regarding the effects of medical marijuana laws (MMLs).  As an example, leveraging geographic and temporal variation in MMLs, researchers have produced little credible evidence to suggest that legalization promotes marijuana use among teenagers.  Likewise, there is convincing evidence that young adults consume less alcohol when medical marijuana is legalized.  For other public health outcomes such as mortality involving prescription opioids, the effect of legalizing medical marijuana has proven more difficult to gauge and, as a consequence, we are less comfortable drawing firm conclusions.  Finally, it is not yet clear how legalizing marijuana for recreational purposes will affect these and other important public health outcomes.  We will be able to draw stronger conclusions when more post-treatment data are collected in states that have recently legalized recreational marijuana.

May 21, 2021 in Medical Marijuana Commentary and Debate, Medical Marijuana Data and Research, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research | Permalink | Comments (0)

Saturday, May 15, 2021

Notable new GOP bill for ending federal marijuana prohibition

6a00d8341bfae553ef0223c85155dc200c-320wiIn a post last month, titled "Senate majority leader shrewdly emphasizing "freedom" in his push for federal marijuana reform," I explained why I viewed Senator Chuck Schumer's focus on "freedom" in his marijuana reform pitch to be appealing and shrewd given that it lines up with a lot of the smaller-government rhetoric often coming from GOP politicians and activists.  Consequently, I was not surprised to see this past week that part of the pitch for a notable new GOP-sponsored bill to end federal marijuana prohibition includes an emphasis on greater liberty for individuals and states concerning marijuana practices.   

This new 14-page marijuana reform bill is available at this link, and it is formally titled the "Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act."  This press release from Congressman Dave Joyce (OH-14), one of the sponsors, provides these details:

Through his work with the Cannabis Caucus and his position on the House Appropriations Committee, Joyce has helped lead the effort to reform the federal government’s outdated approach to cannabis and protect the rights of states across the country, like Ohio, that have voted to implement responsible cannabis policies. Specifically, the Common Sense Cannabis Reform for Veterans, Small Businesses and Medical Professionals Act, which has been applauded by several organizations, would:

  • Remove cannabis from the Federal Controlled Substances Act.
  • Direct the U.S. Food and Drug Administration and the Alcohol and Tobacco Tax and Trade Bureau to issue rules to regulate cannabis modeled after the alcohol industry within one year of enactment.
  • Create a federal preemption to protect financial institutions and other businesses in non-cannabis legal states so that they can service cannabis companies.
  • Allow the Department of Veterans’ Affairs to prescribe medical cannabis to veterans.
  • Direct the National Institutes of Health to conduct two studies on cannabis as it pertains to pain management and cannabis impairment and report to Congress within two years of enactment.

And here is some of the media coverage that provides a review of this bill:

May 15, 2021 in Campaigns, elections and public officials concerning reforms, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Who decides | Permalink | Comments (0)

Wednesday, May 12, 2021

"Comparing Permissive Illegality Frameworks in Denmark and the United States"

The title of this post is the title of this new paper recently posted to SSRN and authored by Alexa Askari, 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:  

This paper compares the foundations of the Christiania commune in Copenhagen, Denmark, with the origins of the United States war on drugs, both phenomena of the anti-hippie sentiment of the 1970s.  While the Danish took a relatively lax approach to the commune’s cannabis-related activities, in the U.S. crackdowns were widespread and disproportionately impacted people of color.  Today, Christiania remains the focal point of the Danish cannabis trade, while the United States has become a patchwork of varying state-level permissive regimes fundamentally in conflict with federal prohibition.  How both countries’ relationships with cannabis will continue to develop ultimately depends on the political will of those in power.

May 12, 2021 in History of Marijuana Laws in the United States, International Marijuana Laws and Policies, Political perspective on reforms, Recreational Marijuana Commentary and Debate | Permalink | Comments (0)

Monday, May 10, 2021

Guest-post: "Tax Provisions in State Constitutions May Hinder Marijuana Legalization Efforts"

6a00d83451574769e20224df387165200bI was very pleased to have received the following guest post content from Professor  Andrew D. Appleby of Stetson University College of Law:

Although the recreational marijuana movement has gained momentum at the state level, several states may be unable to legalize recreational marijuana because of tax limitations in their state constitutions.  A primary motivation for legalization is increased tax revenue, and every state that has legalized recreational marijuana also taxes it.  Many states, however, have broad constitutional provisions designed to make tax increases more difficult, most notably provisions that require supermajority approval to create or increase any tax.  There appears to be a third wave of these tax supermajority provisions proliferating. Florida voters approved a constitutional provision in 2018 and several other states, including New York in 2021, have considered supermajority approval provisions.  These provisions have several unintended consequences, as discussed in my forthcoming article, "Designing the Tax Supermajority Requirement."

These provisions impact recreational marijuana in several ways.  Most state tax supermajority provisions apply only to the legislative process, so many states are forced to use the voter approval process for marijuana legalization efforts.  Prior to 2021, only two states had legalized recreational marijuana through the legislative process.  Neither state has a tax supermajority requirement, and neither state would have satisfied the requirement.  Vermont was unable to include a tax provision in its initial legalization bill and needed to enact a separate tax statute two years later.  Three states legalized recreational marijuana through the legislative process in 2021.  None of the legislation passed with two-thirds supermajority approval.

Recreational marijuana is still divisive in many states for many reasons, particularly as it remains illegal federally, so achieving supermajority approval is difficult.  Even in politically liberal states, recreational marijuana legalization voter initiatives have passed by narrow margins.  In the 2016 election year, for example, the Massachusetts initiative passed with 53% of the vote and the California initiative garnered only 57% approval.  Four states legalized recreational marijuana through ballot initiatives in 2020.  Only New Jersey achieved supermajority approval, and just barely, with 67% voting in favor.  South Dakota, which has a tax supermajority provision and “one subject” provision in its constitution, had its legalization initiative declared unconstitutional, with the South Dakota Supreme Court currently considering the appeal.

Florida is also grappling with constitutional hurdles in its marijuana legalization efforts, as the Florida Supreme Court struck down a proposed ballot measure because of misleading language.  Even if the measure were to appear on the ballot, Florida has an additional tax supermajority provision that requires two-thirds supermajority approval for voters to amend the constitution to create or increase a tax.  The experiences in South Dakota and Florida illustrate how tax supermajority provisions have the unintended consequence of impeding recreational marijuana efforts.

May 10, 2021 in Business laws and regulatory issues, Political perspective on reforms, Recreational Marijuana Commentary and Debate, Taxation information and issues , Who decides | Permalink | Comments (1)