Marijuana Law, Policy & Reform

Editor: Douglas A. Berman
Moritz College of Law

Wednesday, October 28, 2020

"Drug Reforms on the 2020 Ballot"

6a00d83451574769e20263e96fedc3200b-320wiThe title of this post is the title of this great new web resource put together by the folks I have the honor to work with at The Ohio State University Moritz College of Law's Drug Enforcement and Policy Center.  The resource collects and organizes information and links about the significant number of drug policy reforms proposals appearing on state ballots this election cycle.  Here is introduction to the detailed state-by-state materials:

A closer look at drug policy reform decisions voters will make during the 2020 election

On election day 2020, voters will decide more than the next United States President.  Drug policy and enforcement reforms will appear on numerous state-level ballots.  Five states have qualifying initiatives that attempt to legalize marijuana for medical or adult-use consumption, including some states that will ask voters to decide on multiple pathways to a legal market.  And marijuana reform is not the only drug-related issue on ballots. Initiatives in a few states and Washington, D.C. will ask voters to modify existing sentencing laws, decriminalize all drugs, or legalize psychedelics for adult-use and therapeutic reasons.

To gain a better understanding of what this election could mean for drug policy across the U.S., the Drug Enforcement and Policy Center (DEPC) has developed a list of key ballot initiatives reaching voters in 2020.  Read on for a list of initiatives we will be watching this November in the areas of marijuana legalizationpsychedelics, and criminal justice.

Plus, don’t miss our post-election event Drug Policy Implications of the 2020 Elections on November 16, 2020. Our panel of experts will discuss the 2020 election results and what they are likely to mean for drug enforcement and policy at both the state and federal level.

October 28, 2020 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Sunday, October 11, 2020

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

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

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

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

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

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

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

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

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

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

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

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

Tuesday, September 22, 2020

Is South Dakota soon to become the first deep-red mainland state to fully legalize marijuana?

Growing-marijuana-south-dakota-600x250The question in the title of this post is prompted by this new Marijuana Moment piece headlined "South Dakota Voters Support Medical And Recreational Marijuana Initiatives, New Opposition Poll Finds."  Here are excerpts:

A majority of South Dakota voters support separate initiatives to allow both medical and recreational marijuana that will appear on the state’s November ballot, according to a new poll funded by legalization opponents.

But when it comes to the proposed adult-use legalization amendment, opponents argue that there’s significant confusion over what it would accomplish, as most people who said they favor the measure cited therapeutic applications of cannabis as reasons they support the broad reform.

The statutory medical cannabis initiative would allow patients suffering from debilitating medical conditions to possess and purchase up to three ounces of marijuana from a licensed dispensary.  They could also grow at least three plants, or more if authorized by a physician.

The proposed constitutional amendment, which couldn’t be changed by the legislature if approved by voters, would legalize marijuana for adult use. People 21 and older could possess and distribute up to one ounce, and they would also be allowed to cultivate up to three cannabis plants.

There’s strong support for each of the measures in the new prohibitionist-funded survey, which was conducted June 27-30 and announced in a press release on Thursday. Roughly sixty percent of South Dakota voters said they favor recreational legalization, while more than 70 percent said they back medical cannabis legalization, according to the No Way on A Committee, which didn’t publish detailed cross-tabs, or even specific basic top-line numbers, from the poll results.

The decision by the prohibitionist committee to release the results of a poll showing such broad support for legalization is an interesting one. Typically, ballot campaigns and candidates use polling results to demonstrate momentum, but perhaps the South Dakota group is seeking to sound the alarm and generate donations from national legalization opponents to help stop the measure. If South Dakota votes to legalize cannabis this November, that would signal that the policy can pass almost anywhere....

While the recreational measure might not have been crafted solely with patient access in mind, adults who want to use marijuana for therapeutic reasons would still stand to benefit from a regulated market — regardless of whether it’s a medical or adult-use model — so it’s possible that the survey results don’t demonstrate total confusion among those respondents. Plus, the constitutional amendment does contain language requiring the legislature to enact policies on medical cannabis as well—providing more robust constitutional protections for therapeutic use than the statutory measure alone would ensure.

Maine, Nevada and especially Alaska are arguably "reddish" or "red" states that have already fully legalized marijuana via ballot initiatives in years past. But South Dakota is really deep red, as in 2016 it voted for Donald Trump two-to-one over Hillary Clinton. If such a deep red state really does vote convincingly for full marijuana legalization, I think the prospects for federal reforms get a lot brighter no matter who is in charge at the federal level after this election.

September 22, 2020 in Campaigns, elections and public officials concerning reforms, History of Marijuana Laws in the United States, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Saturday, September 5, 2020

"Effects of Marijuana Legalization on Law Enforcement and Crime: Final Report"

Images (13)The title of this post is the title of this lengthy new report, which was made possible by funding from the National Institute of Justice and which digs deeply into law enforcement and crime experiences after Washington state legalized marijuana. The study covers lots of important ground in thoughtful and diverse ways, and here are part of its lengthy abstract:

In 2012 the citizens of Washington State, via Initiative 502, legalized possession of a small amount of cannabis by adults.  On July 1, 2014 licensed retail outlets in Washington opened with a regulated and monitored product. The effects that this legalization would have on crime and law enforcement in the state were open questions.  In this National Institute of Justice-funded study we employed a mix of quantitative and qualitative approaches geared toward addressing these questions. Research partners and participants included municipal, county, state and tribal law enforcement agencies representing 14 state, urban, suburban, rural, and tribal organizations in Washington the neighboring state of Idaho, as well as law enforcement professionals from 25 additional agencies and organizations.  Focus group, joint, and individual interviews involved 153 justice system officials that included sworn officers from three multi-agency drug task forces and one gang task force....  We constructed case study profiles and assessed qualitative (focus groups, interviews) and quantitative (Uniform Crime Reporting Program or UCR, calls for service records, and body/dash camera footage) data regarding how police practices and strategies, and crime itself, have been affected by legalization in Washington, and how that watershed decision in Washington has changed policing in adjacent border areas....

We found that marijuana legalization has not had an overall consistently positive or negative effect on matters of public safety.  Instead, legalization has resulted in a varied set of outcomes, including: concern about youth access to marijuana and increased drugged driving, a belief that there is increased cross border transference of legal marijuana to states that have not legalized, reports that training and funding for cannabis-related law enforcement activities have been deficient given the complex and enlarged role the police have been given, and the persistence of the complex black market.  On the “positive” front, legalization appears to have coincided with an increase in crime clearance rates in several areas of offending and an overall null effect on rates of serious crime.  Importantly, the legalization of marijuana has reduced the number of persons brought into the criminal justice system by non-violent marijuana possession offenses.  The police were also greatly concerned about how to best handle the detection and documentation of marijuana-related impairment in both commercial vehicle operations and traffic incidents.  The state has adopted the Target Zero goal of no traffic fatalities by 2030 and the legalization of marijuana and the privatization of liquor sales have combined to make accomplishment of this worthy goal extremely difficult.

Our research methodology necessarily included a number of limitations that would prevent the wholesale generalization of the results.  For instance, most of the data was collected from one state (Washington) which was one of the two “pioneer” states involved in legalization in this country.  Furthermore, the calls for service data were obtained from a limited number of agencies and are likely not generalizable to the entire state, much less the country.  The crime data is extracted from the UCR database (as not all of Washington was National Incident Based Reporting System [NIBRS] compliant for all years under study) is known to suffer from a number of limitations, including: undercounting of some crimes, a lack of contextual information about criminal activity, and missing incidents not reported to the police.  While the calls for service data address some limitations of the UCR database (for instance, calls for service data are better suited for the analysis of minor crimes), these data still do not address the limitation that only incidents reported to the police are analyzed.  Put simply, if legalization resulted in a shift in criminal behavior that was not reported to the police, our quantitative analyses would be incapable of detecting it.  Similarly, the body-worn camera (BWC) analysis was exploratory in nature and the data represent two agencies that are geographically and organizationally disparate.  As an exploratory component, these results are not generalizable.

The qualitative findings of this study offer insight into the lived experiences of officers, deputies, troopers, trainers, supervisors, administrators, and prosecutors, and are not without their limitations.  Our qualitative data are limited by issues of generalizability (they may not represent the opinions of law enforcement professionals more broadly) and potentially be issues of selection bias (it is possible that those with the strongest opinions were perhaps most likely to volunteer to participate in focus groups and interviews).  As with any research design employing purposive sampling, these results are not generalizable.  They do not represent the lived experiences of all law enforcement officers or justice system representatives, nor adequately capture the totality of the lived experiences of this study’s participants.... These results emphasized and sought to document experiences pre- and post-legalization. While we made every effort to restrain our analysis to issues involving cannabis legalization effects on law enforcement and crime, our participants, as reflected in our findings, often gravitated towards broader frustrations involving police resourcing, training, and prosecutorial practices.  Lastly, while our qualitative data is wellsuited for capturing the perceptions of police officers, they are also limited in this regard.  Police perceptions of legalization may be skewed and not reflective of the broader process of legalization.

September 5, 2020 in Criminal justice developments and reforms, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, August 25, 2020

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

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

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

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

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

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

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

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

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

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

A few of many prior COVID-cannabis related posts:

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

Sunday, August 9, 2020

Is the Black Lives Matter movement now significantly advancing the marijuana reform movement?

The question in the title of this post is prompted by this lengthy new Politico piece.  The headline, "Black Lives Matter movement sparks 'collective awakening' on marijuana policies," and the start of the piece suggests the answer to the question is yes:

States and cities across the country have overhauled their marijuana policies in recent months, propelled by the Black Lives Matter protests over racial inequality and police brutality.

Since protests began in early June, many states and municipalities have adopted new cannabis regulations. Nashville, Tenn., stopped prosecuting minor marijuana possession cases.  Portland, Ore., redirected all cannabis tax revenue away from the Portland Police Bureau.  Colorado’s Legislature passed a long-stalled proposal to address social equity and scrap old marijuana convictions, and Sonoma County, Calif., and New York state expanded their programs to erase cannabis criminal records....

Cannabis was legalized in Colorado almost eight years ago, but without a social equity program or the expungement of cannabis-related convictions.  Democratic state Rep. Jonathan Singer first pushed for expungement of cannabis records in 2014 and has pressed for marijuana possession charges to be wiped ever since.

But Singer said it was the protests around racial justice that finally got the proposal to the governor’s desk with strong bipartisan support — the social equity and expungements bill only garnered one “no” vote in the state Senate.  Democratic Gov. Jared Polis signed the bill into law at the end of June.

But as the article continues, it becomes less clear if anything really big is changing with marijuana reform as racial justice gets more attention:

[M]any of the states and cities that did change their marijuana policies were already moving in that direction. Nashville spent the last six years reducing the number of marijuana arrests, before the protests motivated District Attorney General Glenn Funk to stop prosecuting possession entirely.  Portland was already reassessing where cannabis tax revenue was directed, and the “defund the police” movement provided the catalyst for the city council to change the budget. In many of these cases, conversations around racial justice simply pushed legislation over the finish line in a jurisdiction that was already working on it.

And it’s clear that the racial justice conversation has not convinced the most vocal skeptics.  In Pennsylvania, for example, the state lodge of the Fraternal Order of Police is not changing its anti-legalization position.  Even some Democratic lawmakers in the state remain unconvinced about the current legalization effort, despite the demonstrations....

On Capitol Hill, it isn’t clear that racial justice protests have affected the motivation to pass marijuana policy reform.  While many of the issue’s most prominent advocates have been silent on federal legalization in the last two months, House leaders are now considering a vote on the MORE Act — which would remove cannabis from the Controlled Substances Act and expunge some records — sometime this fall....

In June, Congress tried to reach an agreement on police reform.  The House passed a sweeping policing bill largely along partisan lines.  Senate Republicans introduced a more modest package of reforms, which Senate Democrats ultimately killed because it did not go far enough.  Missing from either chamber’s proposal was anything that would overhaul federal marijuana policies. Even many of the most ardent champions of marijuana legalization as criminal justice reform were silent.

A few of may prior related posts:

August 9, 2020 in Criminal justice developments and 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 | Permalink | Comments (0)

Wednesday, July 29, 2020

New poll suggest Jersey a near lock to legalize marijuana

Download (2)This article from Marijuana Moment, headlined, "Nearly Seven-In-Ten New Jersey Voters Support Marijuana Legalization Ballot Measure, Poll Finds," reports on a notable new poll suggesting that many members of the the Garden State are eager to vote to legalize marijuana.  Here are the details:

A supermajority of New Jersey voters say in a new poll that they support a marijuana legalization referendum that will appear on the November ballot.  The survey, which was conducted by DKC Analytics and released on Tuesday, shows that 68 percent of respondents back the policy change.  That’s a seven percentage point increase compared to a separate poll on the issue released in April.

The survey also shows that voters support allowing social consumption lounges for cannabis, 50 percent to 38 percent.  Most respondents (56 percent) agreed that online ordering and home delivery for marijuana products would be a “good way to provide adults with access.”

Supporters of the legalization initiative were asked to select the reasons they hold that position.  Seventy percent said they feel a regulated system will curb the illicit market, 61 percent said it would generate tax revenue, 61 percent said regulations would ensure safer products, 60 percent said ending criminalization would save taxpayer dollars that would otherwise go to law enforcement, 57 percent said legalization would stimulate the economy and create jobs and 43 percent said cannabis is safer than alcohol....

Another supermajority (68 percent) said people with prior low-level cannabis convictions should be able to have their records expunged.  The same percentage of respondents said that marijuana tax revenue should go toward drug education and awareness programs.

“The polling results confirmed our belief that there is overwhelming support for the creation of a regulated, adult-use cannabis marketplace in New Jersey,” John Fanburg, an attorney at Brach Eichler, which commissioned the survey, said in a press release.  “Respondents supported it because it will create tremendous opportunity. It will create vitally needed new businesses, the state will receive significant tax revenues and illegal sales will be dramatically reduced, if not eliminated.  Voters see this as a win for everyone.”

As has historically been the case, people who identified as Democrats are more likely to support legalization (78 percent), but majorities of Republicans (57 percent) and independents (63 percent) also favor the policy change.

Another interesting finding was that most people who participated in the survey (57 percent) said they do not personally consume cannabis.  The poll involved phone interviews with 500 New Jersey likely voters from July 7-12.  ”The strong level of support for correcting this decades-old inequality, especially in the context of recent protests of inherent bias in law enforcement, should be well noted by our legislators who will be tasked with correcting this unfortunate consequence of the failed policy of prohibition,” Charles Gormally of Brach Eichler said.

July 29, 2020 in Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Saturday, July 4, 2020

Reviewing direct democracy marijuana/drug reform initiatives as we celebrate America's birthday

Download (11)Kyle Jaeger has this helpful and timely piece at Marijuana Moment discussing the state of direct democracy marijuana and drug reform campaigns in the states. The piece is headlined "As Signature Deadlines Approach, Here’s Where Marijuana And Drug Policy Reform Campaigns Stand," and is worth a full read. Here are highlights:

Several drug policy reform campaigns are in the final stretch as deadlines to submit signatures for proposed ballot initiatives loom this week and next.

While the coronavirus pandemic dealt serious blows to marijuana, psychedelics and other drug reform groups in jurisdictions across the country, forcing some to end their campaigns, activists in Arizona, Idaho, Nebraska, Oregon and Washington, D.C. are still in the game, with some running against the clock to turn in enough valid signatures to qualify and others now waiting for officials to validate petitions they’ve already submitted. That’s in addition to measures that have already qualified for November ballots in states like Mississippi, New Jersey and South Dakota.

The proposed ballot measures would accomplish everything from legalizing cannabis to decriminalizing psychedelics such as psilocybin and ayahuasca. Here’s a status update on where they stand:

Arizona  Deadline: July 2

Smart & Safe Arizona is a campaign to put marijuana legalization on the November ballot, and it seems to be in good shape to qualify....

Idaho  Deadline: TBD

While the original deadline to submit signatures for an initiative to legalize medical marijuana passed on May 1, a federal judge recently ruled that the state must make accommodations for a separate non-cannabis ballot campaign due to signature gathering complications caused by the coronavirus pandemic and the government’s response to it. Activists feel the ruling will also apply to the marijuana measure....

Nebraska  Deadline: July 3

Activists behind an initiative to legalize medical cannabis in the state turned in 182,000 raw signatures on Thursday — well more than the 121,669 valid submissions needed to qualify for the ballot....

Oregon  Deadline: July 2

A campaign to legalize psilocybin mushrooms for therapeutic purposes already submitted signatures that they feel will qualify them for the ballot....

Washington, D.C.  Deadline: July 6

Washington, D.C. activists are continuing to collect signatures for a proposed measure to make enforcement of laws against various entheogenic substances such as psilocybin, ayahuasca and ibogaine among the city’s lowest law enforcement priorities....

Here’s the status of other drug policy campaigns that have either succeeded or failed so far this year:

The Oregon Secretary of State’s office announced on Tuesday that a campaign to decriminalize currently illicit drugs and expand substance misuse treatment has qualified for the ballot.

Prior to the COVID-19 outbreak and stay-at-home mandates, measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.

Mississippi activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.

The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.

Montana activists recently turned in more than 130,000 signatures to qualify a pair of marijuana initiatives—one to legalize the plant for adult use and another stipulating that individuals must be 21 or older to participate — for the November ballot.  The state is currently validating those submissions.

A campaign to legalize marijuana in Arkansas will not qualify for the ballot this year, a spokesperson told Marijuana Moment on Tuesday.

Activists behind an initiative to decriminalize currently illicit drugs and expand access to treatment services in Washington State said last week that they will no longer be pursuing the ballot due to the coronavirus pandemic. Instead, they are seeking to enact the policy change through the legislature during the next session starting January 2021.

An effort to place a psilocybin legalization measure on California’s ballot ended after the coronavirus pandemic presented petitioning difficulties and officials didn’t agree to a request to allow electronic signature gathering.

A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.

North Dakota activists ended their push to place a marijuana legalization measure on the 2020 ballot and will instead seek qualification for 2022.

July 4, 2020 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, June 30, 2020

"What’s the best minimum legal age for cannabis?"

The question in the title of this post is the headline of this effective new Leafly article, which builds off the research noted in this prior post about the "right" minimum age for legal access to recreational cannabis.  Here are excerpts:

When it comes to legal cannabis, the random collection of ages across North America is curious. Every US state that allows recreational cannabis sales requires customers to be at least 21 years old. In Canada the minimum age is 19, except in Alberta (where it’s 18) and Québec (which started at 18 but raised it to 21 earlier this year).

In most jurisdictions, medical marijuana is legal for people age 18 and older, with a doctor’s recommendation.

What difference does it really make if someone is 18, 19 or 21? A research team at Memorial University in Newfoundland, Canada, recently investigated the question. Instead of looking at the immediate health and safety of young adults, they assessed later life outcomes — namely educational attainment, lifetime cigarette smoking habits, and general physical and mental health. In their study, the Memorial University team concluded that the ideal minimum legal age for cannabis was 19....

Health experts cite THC exposure in adolescents causes changes to the brain’s folding patterns, decreased neural connectivity, thinning of the cortex and lower white matter, among other symptoms. However, one recent study suggests any changes to brain structure caused by cannabis use in adolescence cleared up by the time subjects were in their 30s.

Another ongoing study in the Saguenay region of Quebec took MRI scans of over 1,000 adolescent brains in 2002, and the same subjects are currently being re-evaluated as adults — results pending.

If the serious nature of brain health is such a risk, why not just make cannabis illegal until a person’s mid-20s? In the real world, policymakers have to weigh human nature’s penchant for the forbidden with appropriate rules and consequences. In an ideal world, sure — and in this ideal world underage kids never go looking for cannabis from illicit sources, either. In the real world, though, policymakers have to weigh human nature’s penchant for the forbidden with appropriate rules and consequences. In an ideal world, alcohol would also be outlawed for health reasons, but we all know how Prohibition worked out.

Prior to the Oct. 2018 opening of legal cannabis sales in Canada, a government task force took a hard look at the best-legal-age question. That group found that the higher the minimum legal age, the more likely adolescents will seek out unregulated sources, risking both consumption of potentially more dangerous products and also incarceration.

Prior related post:

June 30, 2020 in Business laws and regulatory issues, International Marijuana Laws and Policies, Medical community perspectives, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Monday, June 29, 2020

"California cities begin embracing cannabis in desperate search for cash"

The title of this post is the title of this recent notable Politico article. Here are excerpts:

California local governments scrambling to find tax revenues during the coronavirus pandemic are turning toward an industry they had considered taboo until now: cannabis.

It has been almost four years since voters legalized recreational marijuana in California, and nearly 70 percent of cities and counties have yet to embrace pot businesses because they see regulatory problems or have concerns about public safety and negative publicity.

But some, facing insurmountable budget gaps as unemployment rises to its worst level since the Great Depression, would now rather open their doors to cannabis than lay off more workers or cut services.  So far, a handful of cities have begun developing cannabis tax measures for the November ballot since voter approval is required to add local taxes.  It's a trend many in the industry expect to continue over the next month absent approval of a federal bailout for state and local governments....

San Bruno, a Bay Area city that two years ago banned marijuana businesses, is among the governments with a change of heart.  Last week, city council members voted unanimously to fund a tax measure and public education campaign, while voicing support for the idea of exploring an ordinance that would allow a dispensary or delivery service to open sometime next year.

According to projections from city officials, an operational cannabis shop could reduce San Bruno’s projected $8.2 million deficit in the upcoming fiscal year by around $300,000. “It's not gonna solve our problems, but it's going to keep $300,000 that we desperately need to hire whomever it is to make our city better,” Councilmember Marty Medina said at the meeting.

The city of Montclair in San Bernardino County is facing a similar budget crunch as sales tax revenue has cratered following the temporary closure of its mall. There, city officials are considering proposals to repeal a marijuana ban and create regulations for commercial activity.  The plan could raise up to $2 million annually, according to City Manager Edward Starr.

While both San Bruno and Montclair are left-leaning cities where a majority of residents voted to approve the Prop. 64 legalization initiative in 2016, Republican-led jurisdictions where voters rejected the statewide measure are also starting to consider cannabis — to the surprise of industry observers.  Last month, councilmembers in Yucaipa asked city staff to begin looking into alternative revenue streams, including marijuana businesses, amid a 15 percent decline in sales tax revenue and increasing public safety costs. Republicans hold a 20-point registration advantage over Democrats in the San Bernardino County jurisdiction, where a majority voted against Prop. 64....

Calls for jurisdictions to dive into the legal market have even come from some of the highest levels of state leadership, with Treasurer Fiona Ma calling the tax revenues a potential “game changer” during a virtual round table last month....

Among the other jurisdictions that have already begun developing cannabis tax measures or have shown interest in doing so are Sonoma, Signal Hill, Wildomar, Lemon Grove and Yountville.  As in Yucaipa, one of the prevailing themes in council meetings elsewhere has been that their residents are sending tax dollars to neighboring jurisdictions by purchasing marijuana products from other cities with licensed stores or from the state’s robust illicit market.

Industry research firms BDS Analytics and Arcview Market Research estimate that unlicensed operations brought in $8.7 billion in untaxed revenue in 2019, compared to the legal market's $3.1 billion.

According to Jackie McGowan, founder of Green Street Consulting, local leaders are also looking at nearby jurisdictions that have developed their cannabis markets and don’t want to be left behind.  Among those that have already allowed marijuana businesses, Monterey County is counting on $10.2 million in projected cannabis tax revenues to cover general fund shortfalls and avoid layoffs in the upcoming fiscal year and Santa Barbara County leaders believe $10.6 million in marijuana revenue will help offset coronavirus losses.

June 29, 2020 in Business laws and regulatory issues, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Taxation information and issues , Who decides | Permalink | Comments (1)

Friday, June 12, 2020

Nevada Gov announces plan to secure pardons for "tens of thousands of Nevadans previously convicted for possession of small amounts of marijuana"

As reported by this tweet, the Governor of Nevada, Steve Sisolak, has placed "a resolution on the Board of Pardons Commissioners agenda next week to provide relief to tens of thousands of Nevadans previously convicted for possession of small amounts of marijuana, which is no longer a crime in the State."   This Marijuana Moment article by Kyle Jaeger provides some context for this action and other notable recent gubernatorial activity in this arena:

Last year, the governor signed a bill providing people with cannabis convictions a means to petition the court for expungements, but this resolution would offer proactive pardons for anyone convicted of possession up to an ounce of marijuana.  

“The people of Nevada have decided that possession of small amounts of marijuana is not a crime,” Sisolak said, referencing the state’s 2016 vote to legalize cannabis for adult use. “If approved, this resolution will clear the slate for thousands of people who bear the stigma of a conviction for actions that have now been decriminalized.”

The board is set to meet on Wednesday, June 17. The agenda designates time for “a discussion that may include but not limited to the resolution regarding pardons for persons convicted of minor marijuana possession.”  While pardons don’t void convictions, they can restore rights such as the right to vote, own a firearm or serve on a jury.

The governors of Washington State and Illinois have both issued pardons for cannabis offenses since their states legalized the plant.

Meanwhile, other top state officials have recently made arguments that marijuana reform is a necessary civil rights issue that’s particularly important to pursue as a means of addressing racial inequities.  California Gov. Gavin Newsom (D) said last week that legalization was “about addressing the ills of this war on drugs.” 

The governor of Virginia said on Tuesday that the passage of marijuana decriminalization legislation this year represents an example of how his state has addressed racial inequities that are inspiring mass protests over recent police killings of black Americans.

June 12, 2020 in Criminal justice developments and reforms, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, June 9, 2020

"A Road Map to Recreational Marijuana Taxation"

TF_FF713_fig_7The title of this post is the title of this great new 39-page report from the Tax Foundation authored by Ulrik Boesen.  Here are the "Key Points" that are set forth at the start of the document:

• Legal recreational marijuana sales are ongoing in nine states, covering 27 percent of the U.S. population.  In 2018, 10.5 percent of adult Americans had used marijuana products in the last 30 days.

• States have designed different excise tax systems for recreational marijuana.  While most tax based on price, states also tax marijuana based on weight or THC content.

• An excise tax on recreational marijuana should target the externality and raise sufficient revenue to fund marijuana-related spending while simultaneously outcompeting illicit operators.  Excise taxes should not be implemented in an effort to raise general fund revenue.

• Changes to federal law would have implications for the tax revenue in states with legalized marijuana.  If businesses had better access to banking, federal tax deductions, or interstate trading, prices would most likely fall.

• High taxes may limit adoption by minors and non-users but could hurt the competitiveness of the legal market.  Low taxes may allow easy conversion from the illicit market but could increase consumption among non-users and minors.  Taxing by price may not be stable, taxing by weight could encourage use of high potency products, and taxing by potency could complicate tax collection and add significant costs to both tax collectors and industry.

• A potency- and weight-based tax defined by THC levels may be the best short-term solution for lawmakers assuming that THC is an appropriate proxy for the externalities associated with consuming marijuana

June 9, 2020 in Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms, Taxation information and issues | Permalink | Comments (0)

Sunday, May 17, 2020

"The 'Free Market' for Marijuana: A Sober, Clear-Eyed Analysis of Marijuana Policy"

The title of this post is the title of this new paper recently posted to SSRN and authored by H. Justin Pace.  Here is its abstract:

Marijuana is prohibited at the federal level.  At the same time, states are not only decriminalizing marijuana but attempting to provide a regulatory apparatus for its sale. This has created a unique business environment.  In some ways there is a true “free market” for marijuana in states where it has been legalized — free, that is, of the legal and financial infrastructure available to fully licit businesses in America.

Contracts may not be enforceable because they lack a legal purpose.  Relief in bankruptcy court may not be available, either as a debtor or as a creditor.  Use of a legal entity to limit liability and take advantage of entity personhood may be impracticable.  Federal money laundering and other laws effectively restrict access to the banking system, forcing marijuana businesses to operate as purely cash businesses.  The USPTO refuses to register federal marks related to marijuana.  Marijuana businesses face challenges in obtaining competent legal counsel to guide them through a market free on one hand regulated on the other.

The odd legal posture has implications for considering marijuana policy through an economic lens.  Any analysis of marijuana externalities should consider any additional externalities created by that odd legal posture.  An analysis of policy options for mitigating negative externalities should also factor in the additional costs for marijuana businesses due to this “free market.”  The uncertainty, from a policy perspective, counsels in favor of applying heuristics when considering policy options: this paper offers three and applies each.

This is the first paper to use this situation to examine the value offered by our legal and financial infrastructure.  An inability to use it hurts marijuana businesses in very real ways.  But, at the same time, marijuana businesses are able to operate — to thrive even — nonetheless.  That infrastructure is both more and less valuable than is appreciated, and in surprising ways.  Ultimately, this paper advocates federal action that facilitates a continued incremental, state-by-state approach to marijuana reform.

May 17, 2020 in Business laws and regulatory issues, Federal Marijuana Laws, Policies and Practices, History of Marijuana Laws in the United States, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, May 14, 2020

"States with recreational marijuana laws view the legislation as a success"

Recreational-marijuana-success-failure-01-01-01-01The title of this post is the title of this new article from YouGov discussing its survey that provides an interesting window into the positive impression that marijuana reform has made in states that have legalized adult-use. Here are the details:

States that have legalized recreational marijuana don’t seem likely to regret it.

YouGov asked more than 32,000 Americans whether they believe recreational marijuana legislation has been more of a success or failure in the states that have legalized it. In many states where recreational cannabis is legal, a plurality of citizens believes these laws have been more of a success than a failure overall.

That is a particularly strong belief in Colorado, where citizens were among the first-in-the-nation to vote in favor of recreational weed in 2012. Today, about a quarter (26%) of Coloradans say the state-level recreational cannabis laws have been a “success only” and another 45 percent say they have been “more of a success than a failure.” Fewer than one in five (17%) believe the laws have been “more of a failure.”...

While decriminalized marijuana and approvals for medical marijuana became popular in the 1970s and 1990s, recreational marijuana was not legalized anywhere in the United States until 2012. Now, recreational marijuana is legal in 11 states—Washington, Oregon, Nevada, California, Colorado, Michigan, Illinois, Massachusetts, Maine, Alaska, and Vermont—with more states considering the legislation this year.

About two-thirds of those in Oregon (69%) and Massachusetts (67%) believe that the laws have been more of a success. That remains the majority opinion among those who live in Washington (65%), Nevada (64%), California (59%), Illinois (59%), and Michigan (56%).

Michigan and Illinois are the only Midwestern states with legal recreational marijuana, and they are the most recent additions to the list. Michigan became the 10th state to legalize recreational marijuana after residents approved it during the 2018 Midterm elections. Illinois became the 11th after its state government approved recreational cannabis for adults over 21 during the 2019 legislative session. The state began selling recreational marijuana in January.

Maine is the only state surveyed where fewer than half (47%) view the laws as more of a success. About one in nine Mainers say the laws have been a “success only.” About one-third (37%) consider the laws more of a success than a failure. One in five (20%) believe the laws have generally been more of a failure, and one-third (33%) are uncertain.

The folks at YouGov did another interesting poll about marijuana back in April 2020, which is reported here under the headline "Is marijuana essential? Most Americans say yes"

May 14, 2020 in Polling data and results, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Thursday, April 9, 2020

Student presentation on "Regulatory Frameworks States Have Developed for Edibles"

As students in my Marijuana Law, Policy & Reform seminar continue "taking over" my class by making presentations on research topics of their choice, I will continue providing in this space background on their topics and links to relevant materials they provide.  The last of three presentations this week will focus on the (always hot) topic of edibles, and here is how my student has described his topic along with background readings he has provided:
 
For my paper, I'll be looking at the regulatory frameworks states have developed for edibles.  After some background on edibles and their significance to the marijuana industry, I'll discuss the varying levels regulations that states have employed.  Then I discuss the three major types of regulations for edibles: (1) testing; (2) packaging and labeling; and (3) THC content.  Finally, I conclude by assessing the effectiveness of each type and making my own recommendations for moving forward.
 
For background, please see the resources below:

Alice G. Walton, Is Eating Marijuana Really Riskier than Smoking It?, FORBES (June 4, 2014).

Jeff Rossen & Jovanna Billington, Rossen Reports Update: Edible Marijuana That Looks Like Candy Is Sending Kids to the ER, TODAY (Sept. 16, 2017).

Robert J. MacCoun & Michelle M. Mello, Half-Baked--The Retail Promotion of Marijuana Edibles, 372 NEW ENG. J. MED. 989 (2015).

Mike Montgomery, Edibles Are the Next Big Thing for Pot Entrepreneurs, FORBES (July 19, 2017).

Ryan Vandrey et al., Cannabinoid Dose and Label Accuracy in Edible Medical Cannabis Products, 313 JAMA 2491-93 (2015).

Daniel G. Barrus et al., Tasty THC: Promises and Challenges of Cannabis Edibles, RTI PRESS 6 (Nov. 2016).

April 9, 2020 in Assembled readings on specific topics, Business laws and regulatory issues, Medical Marijuana State Laws and Reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Wednesday, March 11, 2020

"Buds Behind Bars: An Analysis of People v. Raybon"

The title of this post is the title of this short piece just posted to SSRN authored by Heather Razook concerning a case currently pending before the Ohio Supreme Court. Here is its abstract:

In 2019, the first and third California Appellate courts both decided cases examining the same issue: whether proposition 64 decriminalized marijuana possession in state correctional institutions.  People v. Perry, from the first district, held that Prop 64 did not decriminalize and People v. Raybon, from the third district, held that Prop did decriminalize marijuana possession in correctional institutions.  The cases presented two exceptionally similar arguments with opposite outcomes.  This paper compares those arguments and predicts an outcome for People v. Raybon that is currently up for review in the California Supreme Court.

March 11, 2020 in Court Rulings, Criminal justice developments and reforms, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)

Friday, March 6, 2020

Eager to include discussion of notable tax allocation provision in new Ohio marijuana reform initiative as part of "A Fresh Take on Cannabis Regulation"

As highlighted in prior posts here and here, a serious effort to get a serious marijuana legalization initiative to Ohio voters in November 2020 is in the works.  Though this Ohio 2020 ballot initiative, titled "An Amendment to Regulate Marijuana Like Alcohol," still has an uphill climb to even make it to the ballot, I will likely be discussing some of its mostinteresting provisions in a variety of fora in the months ahead.  And today the forum will be at the University of Cincinnati where I have the honor of participating in the College of Law's Corporate Law Symposium titled "A Fresh Take on Cannabis Regulation."

On my panel today, I plan to discuss some of the topics I first covered in my 2018 article, "Leveraging Marijuana Reform to Enhance Expungement Practices," exploring ways that  marijuana reform intersects with criminal justice concerns.  In that article, among other points, I urge jurisdictions to earmark a portion of marijuana revenues to improving the criminal justice system and I specifically advocate for the creation of a new criminal justice institution, which I call a Commission on Justice Restoration, to be funded by the taxes, fees and other revenues generated by marijuana reforms and to be tasked with proactively working on policies and practices designed to help remedy some of the harms of the war on drugs. 

Against that backdrop, I was especially intrigued by an interesting provision for taxing and spending the tax revenue appearing in new Ohio marijuana legalization ballot initiative. Specifically, Section 12(E)(5) of the proposed Ohio constitutional amendment provides:

The General Assembly may enact a special sales tax to be levied upon marijuana and marijuana products sold at retail marijuana stores or other entities that may be authorized to sell marijuana or marijuana products to consumers and, if such a sales tax is enacted, shall direct the Department to establish procedures for the collection of all taxes levied.  Provided, at least one-quarter of the revenue raised from any such sales tax shall be placed in a special fund and used to establish a Commission on Expungement, Criminal Justice, Community Investment, and Cannabis Industry Equity and Diversity, which shall provide recommendations regarding the allocation of the remaining revenue in the fund; at least one-half of the revenue raised from any such sales tax shall be allocated to the State Local Government Fund or any successor fund dedicated to a similar purpose; and at least one-tenth of the revenue raised from any such sales tax shall be returned to the municipal corporations or townships in which the retail sales occurred in proportional amounts based upon the sales taxes remitted.

Though I think the the Commission on Expungement, Criminal Justice, Community Investment, and Cannabis Industry Equity and Diversity (CECJCICIED?) is a very clumsy name, I this it is a very good idea and I am quite excited to see a marijuana reform proposal that includes a means for building needed criminal justice infrastructure with the proceeds of marijuana taxes.

Prior related post:

March 6, 2020 in Criminal justice developments and reforms, Initiative reforms in states, Recreational Marijuana Commentary and Debate, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, March 3, 2020

Ohio 2020 ballot initiative, "An Amendment to Regulate Marijuana Like Alcohol," officially filed

As noted in this post, last week news broke that  there was in the works a serious attempt to bring a full marijuana legalization initiative to Ohio voters in 2020.  This local press piece, headlined "Ohio 2020 recreational marijuana legalization measure filed: 5 things to know," report on that effort and (some of) what we all need to know.  Here are excerpts:

The latest effort to legalize marijuana in Ohio stems from frustration with Ohio's nearly four-year-old medical marijuana law. Supporters of the measure include at least two medical marijuana businesses, a medical marijuana patient, a mother of twins with autism – a condition excluded from the program – and advocates for recommending cannabis in place of opioids.

Supporters of the Regulate Marijuana Like Alcohol Amendment turned in the petition summary language and an initial 1,000 signatures to the Ohio attorney general on Monday. This is the first step in a months-long process to qualify for the November ballot. The constitutional amendment would allow adults over age 21 to buy, possess, consume and grow limited amounts of marijuana....

Tom Haren, a Northeast Ohio attorney representing supporters, said there were several catalysts in the medical program that led to the new adult use measure. "If you're a patient in Ohio, it's hard to participate in Ohio's medical marijuana program," said Haren, who has also represented medical marijuana licensees. "We were promised a program that worked." Haren confirmed Pure Ohio Wellness, a cultivator and dispensary operator in Springfield and Dayton, and Galenas, a small-scale grower in Akron, are backing the measure. Haren said other medical marijuana businesses support it but declined to name them on Monday.

The Ohio Medical Cannabis Industry Association, which represents 14 Ohio companies, is not supporting the measure. “We’re focused on the medical program and at this time are not backing a recreational initiative,” association associate director Thomas Rosenberger said.

The purchase and possession limit in the amendment is 1 ounce, with no more than 8 grams of concentrate. Adults could grow up to six plants (limit of three flowering plants) in an enclosed area – home grow is not allowed in the medical marijuana program. The state's nascent medical marijuana program would remain in place, and state officials would have to ensure patients still have access to products.

The amendment wouldn't change laws against driving under the influence of marijuana or employers' rights to prohibit employee marijuana use....

The 118 medical marijuana licensees could operate as recreational businesses on July 1, 2021, according to the amendment. The Ohio Department of Commerce, which oversees medical marijuana growers, processors and testing labs, would also regulate the entire recreational marijuana program.

The agency could issue more licenses, but the number of licenses would be capped until 2026. Retail stores would be capped at about 200. Cultivation would be limited to a total of 1.5 million square feet of growing space among all licensees. For comparison, the state's 19 large-scale and 13 small-scale medical marijuana growers are licensed to cultivate 514,000 square feet.

Local governments could limit the number, location and business hours of marijuana businesses and could ban them altogether. Licenses would be awarded if the applications comply with the rules and regulations; Ohio's medical marijuana business licenses were awarded after a months-long application scoring process....

The amendment doesn't set a tax rate – that would likely violate an anti-monopoly amendment passed by voters in 2015 to block ResponsibleOhio's recreational marijuana measure. Lawmakers could set a special sales tax for recreational marijuana.

Revenue from marijuana would be split several ways:

  • 25% to a special fund for a Commission on Expungement, Criminal Justice, Community Investment, and Cannabis Industry Equity and Diversity
  • 50% allocated to the state's Local Government Fund
  • At least 10% must be returned to municipalities where retail sales occurred, proportional to the amount of sales

Equity in legal cannabis programs refers to ensuring African-Americans and members of other traditionally marginalized groups participate in the industry. African-Americans are nearly four times more likely than whites to be arrested for marijuana possession, according to the ACLU.

Ohio's attempt at equity in the medical marijuana program – awarding 15% of all licenses to minority-owned businesses – was found unconstitutional. The amendment requires the Department of Commerce to conduct a study into whether there has been discrimination in awarding medical marijuana licenses.

The attorney general has 10 days to review the petition language to make sure it's "fair and truthful" summary of the amendment. Most initiatives don't pass the first time. A bipartisan legislative panel led by the Ohio secretary of state will then decide whether the measure is one or more ballot issues. Then, supporters will have to have to collect at least 442,958 valid signatures of Ohio voters, including a certain percent in 44 of Ohio's 88 counties.

To do that before July 1 – the deadline for the November ballot – supporters will likely need to hire paid signature collectors. Recent statewide ballot issue campaigns have spent upwards of $3 million to collect signatures. Haren declined to name investors or sources funding the campaign. "We expect it will be funded by a diverse set of folks including people with licenses as well as folks outside the licensing," Haren said.

The full text of the the ballot initiative, titled "An Amendment to Regulate Marijuana Like Alcohol," is available at this link.  Once I get a chance to read the text in full, I suspect I will have a lot more to say about how this proposal seek to make marijuana fully legal in the Buckeye State.

Prior related post:

March 3, 2020 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Wednesday, February 26, 2020

Ballot initiative pursuing 2020 vote on full marijuana legalization in Ohio now in the works

Images (12)Throughout the first part of 2019, I thought it quite likely that there would be at least an attempt to bring a full marijuana legalization initiative to Ohio voters in 2020.  But as 2019 marched forward and as I heard that some Ohio medical marijuana industry players were against such an effort, I concluded that the Buckeye voters were going to have to wait until at least 2022 to weigh in again on recreational marijuana.  But, to my surprise, this news broke this week: "Ohio petitioners want to put recreational marijuana on the fall ballot."  Here are the basics and some context:

Advocates of adult marijuana use, which includes some licensed Ohio medical marijuana companies, are working on letting citizens vote on recreational marijuana this fall.

But an initiative to bring a referendum before voters this November will face an uphill battle, as it may be challenging to collect the signatures needed by a July deadline to get a measure on this fall's ballot.  Presidential elections historically draw the greatest voter turnouts, which is why it makes sense strategically to bring out a marijuana legalization referendum at that time despite the time crunch.

According to the Cincinnati Enquirer, which says it's seen a copy of the petitions, the proposed constitutional amendment would "allow anyone 21 and older to buy, consume and possess up to one ounce of marijuana and grow up to six marijuana plants."  Additionally, the Enquirer reported that "Ohio's existing medical marijuana businesses would have first dibs on the recreational market beginning in July 2021.  State regulators could decide to issue additional licenses."

Working on the initiative are reportedly Frantz Ward attorney Tom Haren and Mike Hartley, a Republican consultant based in Columbus.  Haren represents multiple marijuana companies in Ohio and is the executive vice president of the Ohio Hemp Association trade group.

Matt Close, executive director of the Ohio Medical Cannabis Industry Association, which includes about 15 members, said the trade group is aware of the petitions but is not backing any legalization measure, at least not yet. "From the association standpoint right now, we are not backing any sort of initiative," Close said. "We are trying to fix the current program."...  Nonetheless, while it's currently unclear who's supporting the legalization initiative, sources say the group does include some current Ohio medical marijuana license-holders.

According to the Ohio attorney general's office, a statewide total of 442,958 signatures would be required from at least 44 of the state's 88 counties to file a ballot initiative.  That number is particularly high because of the high voter turnout in the last gubernatorial election.  Petitions can be tricky because a number of signatures will inevitably be marked invalid.  Collecting nearly 443,000 valid signatures means petitioners would likely want to collect double the required number to be safe.  If initial petitions are filed with the state later this week, the initiative would have just four months to collect signatures before the July 1 deadline. A successful campaign would probably take several million dollars of financial support.

The last marijuana referendum brought before voters was Issue 3 in 2015.  While that would've established a recreational market, the amendment would've provided for only 10 cultivators chosen by backers of the bill, including '90s boy-band singer Nick Lachey of 98 Degrees.  Critics, including the state, which worried about losing control of the marijuana situation, framed Issue 3 as a monopoly on the lucrative cultivation business.  While not a literal monopoly, the idea was that one group of investors working together would effectively gain unilateral control over who would be allowed to grow medical pot and where in the Buckeye State.  That left many marijuana advocates unimpressed.

H.B. 523 followed in 2016 as a way for lawmakers to create a strictly regulated medical marijuana industry after seeing a recreational industry nearly willed into existence. Former Gov. John Kasich eventually signed that bill to little fanfare.  Medical marijuana sales in Ohio started in January 2019.  The state saw $58.3 million in total sales in that first year, a good deal less than comparable markets in their inaugural years.

I am very much looking forward to seeing the details of the petition, which should be out this week or next, and also seeing of the organizers will have the resources to collect the signatures needed to actually get the petition to the ballot. Stay tuned.

February 26, 2020 in Campaigns, elections and public officials concerning reforms, Initiative reforms in states, Recreational Marijuana State Laws and Reforms, Who decides | Permalink | Comments (0)

Tuesday, February 25, 2020

"Monitoring and evaluating changes in cannabis policies: insights from the Americas"

EMCDDA_logo_mobileThe title of this post is the title of this new "technical report" from the European Monitoring Centre for Drugs and Drug Addiction and authored by Bryce Pardo, Beau Kilmer and Rosalie Liccardo Pacula of the RAND Europe/RAND Drug Policy Research Center.   The full 76-page report is worth reviewing in full, and here are some excerpts from the report's executive summary:

To learn more about these new cannabis regimes and their consequences, the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) commissioned a review of the changes governing recreational cannabis policies in the Americas and an overview of preliminary evaluations. Findings from this research are intended to inform discussions about the development of a framework for monitoring and evaluating policy developments related to cannabis regulatory reform. Key insights include the following.

  • In addition to the populations of Canada and Uruguay, more than 25 % of the US population lives in states that have passed laws to legalise and regulate cannabis production, sales and possession/use for recreational purposes.  In the US, allowing licensed production and sales is often at the discretion of sub-state jurisdictions, which may impose further zoning restrictions on cannabis-related activities.  This variation can complicate analyses that attempt to compare legalisation and non-legalisation states, especially when the outcome data are not representative at state level.

  • The peer-reviewed literature on cannabis legalisation is nascent, and we observe conflicting results depending on which data and methods are used, as well as which implementation dates and policies are considered. It is important to remain sceptical of early studies, especially those that use a simple binary variable to classify legalisation and non-legalisation states.  This scepticism should extend to the many studies that fail to account for the existence of robust commercial medical cannabis markets that predate non-medical recreational cannabis laws.  Even if a consensus develops on certain outcomes, it does not mean that a relationship will hold over time.  Changes in the norms about cannabis use and potentially other substances, the maturation of markets and the power of private businesses (if allowed) could lead to very different outcomes 15 or 25 years after recreational cannabis laws have passed.  Evaluations of these changes must be considered an ongoing exercise, not something that should happen in the short term....

  • One insight arising from the evaluations of the regulatory changes in the Americas to date is the importance of the amount and range of data collected before the change; simply comparing past-month prevalence rates will not tell us much about the effect of the change on health.  While US jurisdictions have been moving quickly to legalise the use of cannabis, the data infrastructure for evaluating these changes is limited. In contrast, Canada has made important efforts to field new surveys and create new data collection programmes in anticipation of legal changes.  This highlights the importance of any jurisdictions that are considering changes to the regulatory framework for cannabis starting to think about improving data collection and analysis systems in advance.

  • While there is much to learn from what is happening in the Americas, policy discussions should not be limited to approaches that have been implemented there. There are several regulatory tools (e.g. minimum pricing, potency-based taxes) that receive very little attention — if any — that could have important consequences for health, public safety and/or social equity.  It needs to be recognised that all decisions of this nature involve trade-offs and acknowledging that individuals (and governments) have different values and preferences for risk when it comes to cannabis policy is important for productive debates on this controversial topic.

February 25, 2020 in International Marijuana Laws and Policies, Recreational Marijuana Commentary and Debate, Recreational Marijuana Data and Research, Recreational Marijuana State Laws and Reforms | Permalink | Comments (0)