Monday, September 26, 2016
"Ask the Candidates if They Are Ready to Legalize Marijuana — and, if Not, Why?"
The title of this post is the headline of this recent Nation piece, from which comes these excerpts:
Presidential debates, as organized by the lamentable Commission on Presidential Debates, are deliberately boring. Most of the questions asked of the candidates are little more than invitations to repeat their most shopworn talking points. And, worse yet, there has been a recent trend toward asking candidates to critique their opponents — literally asking for more of the talking-head punditry that extinguishes whatever enthusiasm might be generated by a clash of ideas.
What to do? Why not ask Hillary Clinton and Donald Trump some pointed questions about legalizing marijuana? Arizona will be voting this fall on whether to legalize the possession and consumption of marijuana by persons who are 21 years of age or older. If passed, Proposition 205 (The Regulation and Taxation of Marijuana Act) would establish a Department of Marijuana Licenses and Control to regulate the cultivation, manufacturing, testing, transportation, and sale of marijuana....
While manufacturers of synthetic painkillers and other corporate interests oppose the measure, it has earned support from educators, physicians, public-health advocates and supporters of criminal-justice reform. Among the statements filed in support of a “yes” vote with the Arizona secretary of state is a reflection from a pair of retired Drug Enforcement Agency agents, Michael Capasso and Finn Selander....
So how about these two questions for Clinton and Trump:
1. Both of you have campaigned in Arizona, where polls suggest the presidential race is close. On the same November 8 ballot where voters will be asked to choose between your candidacies, they will also be asked whether they would like to legalize marijuana and establish a strictly regulated system for its cultivation, manufacturing, testing, transportation and sale. By this point, both of you should be well aware of the arguments for and against legalizing marijuana. If you were voting in Arizona, how would you cast your ballots: “yes” for legalization or “no” for continued prohibition?
2. If either or both of the candidates answer “no,” or try to waffle on the issue, read the statement from the retired DEA agents, and then ask: How do you respond to the arguments of people with experience, such as Agents Capasso and Selander, who write that prohibition doesn’t keep marijuana off our streets or decrease use but that it does does result in billions of dollars in profits flowing to drug cartels? Aren’t there sound domestic and foreign-policy arguments for legalization?
Yes, of course, Donald Trump might still argue that a wall would somehow solve every problem. Hillary Clinton might still try to suggest that settled issues need more study. (And viewers might really start to wish that Libertarian Gary Johnson and Green Jill Stein were on the stage to present alternative views.) But the debate about legalizing marijuana, which has for too long been neglected at the highest levels of American politics, would finally be given the hearing it deserves.
I really like this proposed framing of a marijuana reform question, although first-debate moderator Lester Holt could also find lots of ideas for other sharp marijuana reform questions from a number of these recent posts at Marijuana Law, Policy and Reform:
- Appreciating the northeastern midwest's magical medical marijuana research opportunities
Friday, September 23, 2016
Great new US Sentencing Commission report on "simple possession" federal drug cases raises array of hard follow-up questions
I find crime and punishment data so interesting and so important in large part because (1) even seemingly basic and simple data often can only be fully understood after one takes time to examine closely the backstories that surround that data, and (2) only if and when a researcher or advocate has deep understanding of data can that person even start to appreciate all the challenging policy and practical questions that important data implicate. These realities are on full display in the context of an interesting and important new report released this week by the US Sentencing Commission titled "Weighing the Charges: Simple Possession of Drugs in the Federal Criminal Justice System." Here is the introduction to the short report, which explains the notable backstories concerning a dramatic recent change in the number of federal "simple possession" cases:
The simple possession of illegal drugs is a criminal offense under federal law and in many state jurisdictions. The offense occurs “when someone has on his or her person, or available for his or her use, a small amount of an illegal substance for the purpose of consuming or using it but without the intent to sell or give it to anyone else.”
Simple drug possession is a misdemeanor under federal law which provides that an offender may be sentenced to a term of imprisonment of not more than one year, fined a minimum of $1,000, or both. However, if an offender is convicted of simple possession after a prior drug related offense has become final, the offender can be charged with a felony simple possession offense.
The number of federal offenders whose most serious offense was simple drug possession increased nearly 400 percent during the six-year period between fiscal years 2008 and 2013. A change of this magnitude over a relatively short period of time triggered further investigation into these cases using data on offender and offense characteristics routinely collected by the United States Sentencing Commission (“the Commission”), as well as additional data collected specifically for this project.
At first, this dramatic increase in the number of offenders sentenced for the simple possession of drugs seems to suggest a substantially increased focus on this offense by federal law enforcement personnel. Further analysis, however, does not support such a conclusion. A closer inspection of the data demonstrates that this increase is almost entirely attributable to a single drug type — marijuana — and to offenders who were arrested at or near the U.S./Mexico border (a group almost entirely composed of offenders from the District of Arizona). For simple possession of marijuana offenders arrested at locations other than the U.S./Mexico border, the median quantity of marijuana involved in the offense was 5.2 grams (0.2 ounces). In contrast, the offense conduct of simple possession of marijuana offenders arrested at that border involved a median quantity of 22,000 grams (48.5 pounds or 776.0 ounces) — a quantity that appears in excess of a personal use quantity.
In other words, the USSC noticed data showing a huge increase in the charging of misdemeanor federal drug crimes, which at first might suggest a curious new commitment by federal prosecutors to pursue low-level drug offenders. But, upon closer examination, the USSC discovers that what is really going on is that a whole lot of (low-level?) drug traffickers (mules?) found with huge quantities of marijuana are having their cases prosecuted through "simple possession" charges even though that label hardly seems like a factually fitting description of their drug crimes.
I am extraordinarily pleased to see the USSC detailing and explaining this interesting new data trend, and I am extraordinarily interested to hear from readers as to whether they think federal prosecutors in border regions ought to be praised or pilloried for their new misdemeanor approach to dealing with marijuana offenders arrested at the border with an average of 50 pounds of mary jane. This USSC report not only documents one tangible way that state marijuana reforms would seem to be having a profound impact on how the federal government is now waging the so-called "war on weed," but it also prompts a lot of hard questions about whether the new behaviors by federal drug prosecutors are appropriate given the absence of any formal changes to federal drug laws.
September 23, 2016 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, Federal Sentencing Guidelines, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (3)
Friday, August 26, 2016
"Where Recreational Marijuana Is Legal, Should Those in Prison for Weed Crimes Get a Puff, Puff, Pass?"
The question in the title of this post is not only one that I have given a lot of thought to in recent years, but also the headline of this recent article from The Root. The piece usefully highlights that California's marijuana legalization initiative to be voted upon in November speaks a bit to this issue. Here are excerpts from the piece:
Twenty years ago, Rico Garcia was 21 when he got caught up in a marijuana sting in Colorado with a friend who wanted to buy some weed. The seller turned out to be a police informant, and Garcia and his friend were arrested. “The police came and arrested us and said we were selling weed,” says Garcia, now a 41-year-old marijuana advocate who runs Cannabis Alliance for Regulation and Education. “My friend said it was his, but … under Colorado law at the time, 8 ounces was possession with intent and I got a felony.”
Garcia says he was a first-time offender and a public defender got him to agree to accept a plea deal. He didn’t realize the full ramifications of having such a charge on his record. “They said, ‘No jail’ — that’s how they get brown people — and I said, ‘That sounds nice,’” recalls Garcia, who is Puerto Rican. He says he got four years’ probation and was released from it in two years, but the felony is still affecting his life. “You’re pretty much disqualified for housing. … Most who could give you a loan for a car or house give you a different rate or simply won’t lend to you. You can’t own a firearm, even in a pro-gun state; you can’t get any government grants or hold certain occupational licenses.”
Even though medical and recreational use of marijuana is legal under most circumstances in Colorado, Garcia’s felony precludes him from being part of the weed boom the state is enjoying, a problem that plagues many people of color trying to get into the weed business. There’s also a debate about the fate of nonviolent offenders currently incarcerated for weed crimes in states where recreational marijuana is now legal. Some marijuana advocates support the idea of state pardons for offenders incarcerated for such crimes as more states consider legalizing recreational marijuana....
[T]here has been some debate among marijuana advocates over whether lawmakers and voters would support such an effort involving weed crimes because they had to walk such tightropes to get legislation for medical and recreational marijuana approved in the first place. California — where most advocates expect Proposition 64, the Adult Use of Marijuana Act, to pass in November in a state that has had a medical-marijuana program for 20 years — could set a national standard for the fate of nonviolent marijuana offenders caught up in the prison system.
Not only does Proposition 64 reduce the current penalty for selling marijuana for nonmedicinal purposes from up to four years in prison to six months in jail and a fine of up to $500, but it also includes big changes for those previously convicted of marijuana crimes. Those serving sentences for activities that are either legal or subject to lesser penalties under the new measure would be eligible to be resentenced. Plus, those who have already done their time could apply to have their convictions removed from their records....
But the politics surrounding whether nonviolent marijuana users should be pardoned or allowed to have their records expunged completely are complicated. In Colorado, Andrew Freeman says, people can apply to have their felony conviction for a marijuana offense that is no longer illegal under Amendment 64 changed to a misdemeanor. But that stays on your record.
Freedman notes that few of the people still in prison in Colorado for marijuana are there only for a single, nonviolent offense, which would make it easy for them to be released. According to a 2014 report (pdf) by the state’s Department of Corrections, there are only 71 nonviolent marijuana offenders among Colorado’s 20,300 inmates....
Tom Angell at the Brooklyn, N.Y.-based Marijuana Majority breaks it down even further, saying that the pardoning of nonviolent marijuana offenders has been part of a general debate among advocates about what is the best, most comprehensive marijuana-reform proposal that can be put on the ballot and garner the support of voters.
“I think there’s some question as to whether a sufficient number of voters would be skittish about the notion of releasing people from prison en masse,” Angell says. “In an ideal world, we want to release all the marijuana offenders yesterday! We absolutely do. But this is politics and reality, and you can’t let the perfect become the enemy of the good. We need to achieve what is achievable today and build on those victories and keep getting wins on the scoreboard.”
This Root story usefully highlights why folks interested in criminal justice and sentencing reform ought to keep a special eye on discussions and developments with marijuana reform in California this election season. Moreover, as this review of some recent posts from my Marijuana Law, Policy & Reform blog should highlight, I see no shortage of interesting marijuana reform issues that ought to interest criminal justice and civil rights folks:
August 26, 2016 in Clemency and Pardons, Collateral consequences, Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Preparing for pot professing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (0)
Tuesday, August 16, 2016
Ninth Circuit panel rules appropriations rider precludes federal prosecution of individuals in complaince with state medical marijuana laws
A Ninth Circuit panel today finally ruled in US v. McIntosh, No. No. 15-10117 (9th Cir. Aug. 16, 2016) (available here), on a series of appeals concerning "whether criminal defendants may avoid prosecution for various federal marijuana offenses on the basis of a congressional appropriations rider that prohibits the United States Department of Justice from spending funds to prevent states’ implementation of their own medical marijuana laws." Here is a key passage from the heart of the opinion:
DOJ, without taking any legal action against the Medical Marijuana States, prevents them from implementing their laws that authorize the use, distribution, possession, or cultivation of medical marijuana by prosecuting individuals for use, distribution, possession, or cultivation of medical marijuana that is authorized by such laws. By officially permitting certain conduct, state law provides for nonprosecution of individuals who engage in such conduct. If the federal government prosecutes such individuals, it has prevented the state from giving practical effect to its law providing for non-prosecution of individuals who engage in the permitted conduct.
We therefore conclude that, at a minimum, § 542 prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws.
Some previous related posts:
- Defense moves to postpone federal marijuana sentencing based new law ordering DOJ not to prevent states from implementing medical marijuana laws
- Should ALL federal marijuana sentencings be postponed now that Cromnibus precludes DOJ from interfering with state medical marijuana laws?
- Notable developments in dispute over meaning and application of Section 538 limiting DOJ funding
- Federal judge decides (finally!) that Congress has limited DOJ prosecution of state-legal marijuana businesses
Sunday, August 14, 2016
Realistic (though incomplete) discussion concerning how marijuana reform is not a panacea for mass incarceration
Marc Mauer has this timely and effective new commentary in The Hill headlined "Can Marijuana reform end mass incarceration?". Any regular reader of this blog knows that the only simple and accurate answer to this question is "no," but the commentary provides a fuller accounting of some reasons why I see many possible positive synergies between sentencing reform and marijuana reform movements. Here are excerpts:
This week’s DEA decision to keep marijuana classified as a Schedule I drug (categorized as having no medical potential and a high potential for abuse) has disappointed advocates for drug policy reform. They contend that marijuana is less dangerous and addictive than drugs like cocaine and heroin, or even alcohol. But many reformers also argue that marijuana reform is the first step in ending mass incarceration. In many respects this appears to be wishful thinking.
There’s no question that the “war on marijuana” is overblown and unproductive. Since the early 1990s the focus of drug arrests nationally has shifted from a prior emphasis on cocaine and heroin to increasing marijuana arrests. By 2014 marijuana accounted for nearly half of the 1.5 million drug arrests nationally. But while this elevated level of marijuana enforcement is counterproductive in many respects, there is little evidence to indicate that it has been a substantial contributor to mass incarceration. Of the 1.5 million people in state or federal prisons, only about 40,000 are incarcerated for a marijuana offense. The vast majority of this group is behind the walls for selling, not using, the drug, often in large quantities. We could debate whether even high-level marijuana sellers should be subject to lengthy incarceration, but they constitute less than 3% of the prison population.
In other respects, though, marijuana law enforcement imposes substantial costs on the justice system. Few marijuana arrests may result in a prison term, but they consume enormous resources through police time making arrests and court appearances, probation and parole revocations, and time spent in local jails following arrest or serving a short sentence. And all of this activity comes with public safety tradeoffs. Time spent by police making marijuana arrests is time not spent responding to domestic violence disputes or guns on the streets.
While it may be misleading to portray the marijuana reform movement as the beginning of the end of mass incarceration, there are ways in which we could transform the national dialogue to make a more direct link. For a start, we should call attention to the parallels between marijuana and the overall drug war. In particular, the drug war has prioritized supply reduction through international interdiction campaigns and a heavy-handed law enforcement response. This approach has had little impact on either drug availability or price, and has drained resources from more effective allocations to prevention and treatment programming.
The racial disparities of marijuana law enforcement are emblematic of the drug war as well, with African Americans more than three times as likely to be arrested for a marijuana offense as whites, despite similar rates of use. Such outcomes bring to mind the vast disparities in crack cocaine arrests, as well as the use of “stop and frisk” policing tactics often premised on drug law enforcement, and exacting a substantial toll in communities of color....
There is reason for hope that change may be at hand. National drug policy is shifting toward a greater emphasis on treatment approaches to substance abuse, and thoughtful leaders in law enforcement are serving as models for how to engage communities in collaborative efforts for promoting public safety. The national debate on drug policy is worthwhile on its own, but we should also seek to extend that conversation into the realm of mass incarceration.
For reasons both practical and political, it is appropriate for Mauer and others to be quick to note that marijuana reform will not "end" mass incarceration. At the same time, given that a wealth of other reforms at the state and national level over the last decade has done no more than keep incarceration levels flat, a reduction of 40,000 prisoners in state and federal prisons would still mark a significant achievement in these modern times. Moreover, and as Mauer suggested, national marijuana reform not only could help demonstrate that public-health and regulatory approaches to drug issues are more cost-effective than criminal justice prohibitions, but also could provide a significant source of new public revenue for prevention and treatment programming.
One of many reasons I have become so interested in marijuana reform developments is because I have grown so frustrated in recent years at the seeming inability (or unwillingness) of elite policy-makers (especially in DC) to take bold action to deal with modern mass incarceration. Tellingly, modern marijuana reform in the United States is a ground-up movement that has been engineered at the local and state level despite disconcerting and persistent opposition by elite policy-makers (such as the Obama Administration at its DEA). I continue to fear that elite policy-makers will continue to fail to see that the vast marijority of Americans are eager to move dramatically away from blanket federal marijuana prohibition, though I also expect a lot of significant developments in this space once we get through the 2016 election cycle. With nearly 25% of the US population in numerous states that will be voting on marijuana reforms this November (most notably California and Florida), this election year will be the closest possible to a national referendum on marijuana prohibition. If reform wins big with voters in most states this fall, I think elite policy-makers will finally fully appreciate which way these reform winds are now blowing.
In the meantime, here are some recent highlights on related front from my blogging efforts of late over at Marijuana Law, Policy & Reform
August 14, 2016 in Data on sentencing, Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Preparing for pot professing, Prisons and prisoners, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (1)
Tuesday, July 12, 2016
Some mid-summer highlights from Marijuana Law, Policy & Reform
Because federal statutory sentencing reform has stalled in Congress and with the Supreme Court now on its extended summer break, major new sentencing stories are relatively rare these days. In contrast, over at my Marijuana Law, Policy & Reform blog, I have been struggling greatly to keep up with all the marijuana reform news. These recent posts from the last few weeks highlight just some of the significant summer stories that seem worth following:
Monday, June 27, 2016
Some recent highlights from Marijuana Law, Policy & Reform
Especially because there is likely to be a lot more marijuana reform news to cover (both in Congress and in the states) in the coming months than statutory sentencing reform news, I am likely this summer to make a habit of weekly reviews of recent postings from my Marijuana Law, Policy & Reform blog. These recent posts highlight these realities:
Thursday, June 23, 2016
"For aficionados of pointless formalism, today’s decision is a wonder, the veritable ne plus ultra of the genre."
The title of this post is one of a number of Justice Alito's spectacular comments in his dissent in the latest Supreme Court ruling on ACCA, Mathis v. United States, No. 15–6092 (S. Ct. June 23, 2016) (opinion here, basics here). In addition to a number of great rhetorical flourishes, Justice Alito's dissent in Mathis explains how messy ACCA jurisprudence has become and reinforces my sincere wish that folks in Congress would find time to engineer a (long-needed, now essential) statutory ACCA fix. Here are passages from Justice Alito's Mathis dissent that frames effectively the mess that ACCA has become and builds up to the sentence I am using as the title of this post:
Congress enacted ACCA to ensure that violent repeat criminal offenders could be subject to enhanced penalties — that is, longer prison sentences — in a fair and uniform way across States with myriad criminal laws....
Programmed [via prior ACCA rulings], the Court set out on a course that has increasingly led to results that Congress could not have intended. And finally, the Court arrives at today’s decision, the upshot of which is that all burglary convictions in a great many States may be disqualified from counting as predicate offenses under ACCA. This conclusion should set off a warning bell. Congress indisputably wanted burglary to count under ACCA; our course has led us to the conclusion that, in many States, no burglary conviction will count; maybe we made a wrong turn at some point (or perhaps the Court is guided by a malfunctioning navigator). But the Court is unperturbed by its anomalous result. Serenely chanting its mantra, “Elements,” see ante, at 8, the Court keeps its foot down and drives on....
A real-world approach would avoid the mess that today’s decision will produce. Allow a sentencing court to take a look at the record in the earlier case to see if the place that was burglarized was a building or something else. If the record is lost or inconclusive, the court could refuse to count the conviction. But where it is perfectly clear that abuilding was burglarized, count the conviction.
The majority disdains such practicality, and as a resultit refuses to allow a burglary conviction to be counted even when the record makes it clear beyond any possible doubt that the defendant committed generic burglary.... As the Court sees things, none of this would be enough. Real-world facts are irrelevant.
Sunday, June 19, 2016
Some highlights from Marijuana Law, Policy & Reform . . . for Fathers' Day(?)
I am not sure if it is in any way fitting to be blogging about marijuana reform topics on Fathers' Day, but polls do pretty consistently show that men are generally more supportive of reform than women. That reality aside, this review of some recent postings from my Marijuana Law, Policy & Reform blog highlights that fathers and mothers, sons and daughters all ought to be paying attention to this dynamic arena of law and policy:
Tuesday, June 07, 2016
Minnesota survey suggests marijuana reform can help with opioid issues ... and other recent highlights from Marijuana Law, Policy & Reform
Anyone interested and concerned about the so-called "war on drugs" or the relationship between criminal justice reform and public health has to be concerned these days with the national opioid problems. And one of many reasons I am a supporter of state experiements with various forms of marijuana reform is my hope that such reforms might be one of many ways to try to address opioid problems. Consequently, I was very intrigued to see the details of a lengthy report on a survey done by the Minnesota Department of Health (here in full) showing that a number of health care practitioners reported that some medical patients were able to decrease their use of prescription opioids. I report on this report in the first of the links below providing recent highlights from my Marijuana Law, Policy & Reform blog:
Friday, May 27, 2016
Ohio legislature passes medical marijuana reform and other highlights from Marijuana Law, Policy & Reform
Among this past week's reform highlights from Marijuana Law, Policy & Reform is the big local news for me as the Ohio General Assembly finally finalized a medical marijuana bill to send to Gov John Kasich. But, as these links reveal, there were notable stories emerging from other jurisdictions as well:
Friday, May 20, 2016
Reviewing another notable week at Marijuana Law, Policy & Reform
Regular readers know that I will sometime close out my work-week blogging here by reviewing recent blogging at Marijuana Law, Policy & Reform. This week will be another one of those times:
Friday, May 13, 2016
Reviewing a notable week at Marijuana Law, Policy & Reform
Regular readers know they should be regularly checking out my blogging at Marijuana Law, Policy and Reform for updates on marijuana reform stories. This past week, like most these days, included a number of notable developments highlighted in these posts:
Thursday, May 05, 2016
Lots of new and notable recent state marijuana reform developments
Regular readers know they should be regularly checking out my (not-so) regular postings at my other active blog Marijuana Law, Policy and Reform for updates on marijuana reform stories. This week there have been particularly notable reform developments in notable states from coast to coast that I thought merited highlighting here:
Even for those folks only interested in marijuana reform as a small piece of broader criminal justice reform policies and politics, I think developments in big state California and swing state Ohio are especially important to watch. In particular, if there were to be big marijuana reform wins at the ballot in November (e.g., if voters were to approve reforms by 60% or more) in both states --- and also, say, in at least one other big swing state like Arizona or Florida --- I think it would thereafter prove close to impossible for the next President not to make some kind of federal marijuana reform a priority in 2017.
Saturday, April 23, 2016
Reviewing the week that was at Marijuana Law, Policy and Reform
Regular readers are familiar with my periodic collecting of posts from my Marijuana Law, Policy and Reform blog, and lots of recent content on that site are collections of materials put together by terrific students in my Ohio State College of Law seminar. Sadly, this seminar wrapped up this week, so this will be the last collection of MLP&R links that include student-generated postings:
Monday, April 18, 2016
Colorado Department of Public Safety releases "Marijuana Legalization in Colorado: Early Findings"
This new Denver Post piece, headlined "Fewer Coloradans seek treatment for pot use, but heavier use seen," reports on this notable new official state government report from Colorado (which I believe was just released today, but bears a cover date of March 2016). Here is a basic summary via the Denver Post piece:
Colorado's treatment centers have seen a trend toward heavier marijuana use among patients in the years after the state legalized the drug, according to a new report from the Colorado Department of Public Safety. The 143-page report released Monday is the state's first comprehensive attempt at measuring and tracking the consequences of legalization.
In 2014, more than a third of patients in treatment reported near-daily use of marijuana, according to the report. In 2007, less than a quarter of patients reported such frequency of use. Overall, though, the number of people seeking treatment for marijuana has dropped since Colorado voters made it legal to use and possess small amounts of marijuana. The decrease is likely due to fewer people being court ordered to undergo treatment as part of a conviction for a marijuana-related crime.
The finding is among a growing body of evidence that marijuana legalization has led to a shift in use patterns for at least some marijuana consumers. And that is just one insight from the new report, which looks at everything from tax revenue to impacts on public health to effects on youth. Among its findings is a steady increase in marijuana use in Colorado since 2006, well before the late-2000s boom in medical marijuana dispensaries. The report documents a sharp rise in emergency room visits related to marijuana. It notes a dramatic decline in arrests or citations for marijuana-related crimes, though there remains a racial disparity in arrest rates.
But the report, which was written by statistical analyst Jack Reed, also isn't meant as a final statement on legalization's impact. Because Colorado's data-tracking efforts have been so haphazard in the past, the report is more of a starting point. "[I]t is too early to draw any conclusions about the potential effects of marijuana legalization or commercialization on public safety, public health, or youth outcomes," Reed writes, "and this may always be difficult due to the lack of historical data."
It's not just the lack of data from past years that complicates the report. Reed also notes that legalization may have changed people's willingness to admit to marijuana use — leading to what appear to be jumps in use or hospital visits that are really just increases in truth-telling. State and local agencies are also still struggling to standardize their marijuana data-collection systems. For instance, Reed's original report noted an explosive increase in marijuana arrests and citations in Denver, up 404 percent from 2012 to 2014. That increase, however, was due to inconsistent data reporting by Denver in the official numbers given to the state.
Intriguingly, though this lengthy report comes from the Colorado Department of Public Safety, not very much of the report discusses general crimes rates at much length. But what is reported in this report is generally encouraging:
Colorado’s property crime rate decreased 3%, from 2,580 (per 100,000 population) in 2009 to 2,503 in 2014.
Colorado’s violent crime rate decreased 6%, from 327 (per 100,000 population) in 2009 to 306 in 2014.
Cross-posted at Marijuana, Law, Policy & Reform
Sunday, April 17, 2016
Would Congress be wise to pursue sentencing reform through DOJ spending limitations?
The question in the title of this post is prompted by this recent Reason piece by Jacob Sullum headlined "DOJ Accepts Decision Saying It May Not Target State-Legal Medical Marijuana Suppliers: The feds had argued that a spending rider left them free to shut down dispensaries." Here are the details:
The Justice Department has abandoned its appeal of a ruling that said federal prosecutors are breaking the law when they target medical marijuana providers who comply with state law. U.S. District Judge Charles Breyer issued that ruling last October, when he said enforcing an injunction against a state-legal dispensary would violate a spending rider that prohibits the DOJ from interfering with state laws allowing medical use of marijuana. The Justice Department initially asked the U.S. Court of Appeals for the 9th Circuit to overturn Breyer's decision but later changed its mind, and on Tuesday the court granted its request to withdraw the appeal.
That decision leaves in place Breyer's ruling, which involved the Marin Alliance for Medical Marijuana (MAMM), without establishing a circuit-wide precedent. Presumably the DOJ worried that the 9th Circuit would agree with Breyer's reading of the Rohrabacher-Farr amendment, which says the department may not use appropriated funds to "prevent" states from "implementing" their medical marijuana laws. The DOJ argues that prosecuting medical marijuana suppliers, seizing their property, and shutting them down does not prevent implementation of laws authorizing them. Breyer said that interpretation "defies language and logic."
The rider that Breyer considered expired last year, but the same language was included in the omnibus spending bill for the current fiscal year. If Congress continues to renew the amendment and other courts agree with Breyer's understanding of it, medical marijuana growers and suppliers who comply with state law will have less reason to worry about raids, arrests, and forfeiture actions, although uncertainty will remain in states where the rules for dispensaries are unclear. For the time being, that remains true in California, although state regulations aimed at clarifying the situation are scheduled to take effect in 2018.
In other words, now that DOJ has (sort-of) accepted a broad reading of the Rohrabacher-Farr amendment, this DOJ spending limitation has (sort-of) achieved indirectly what Congress has been unwilling or unable to do directly, namely authorize states and individuals to move forward with a responsible medical marijuana program without persistent concerns that DOJ may raid and prosecute participants. Of course, this spending limitation can and will expire if not consistently renewed by Congress. But still, as this Sullum piece highlights, even a short-term spending limit can end up having some real bite.
In light of this intriguing "spending limit" back-door form of congressional marijuana reform, I am now wondering if this approach should be pursued sentencing reformers/advocates growing frustrated Congress has not yet been able to pass a significant statutory sentencing reform bill. Though some clever drafting might be needed, I could imagine a provision in a federal budget bill that prohibited the Department of Justice from, say, expending any funds to prosecute a non-violent drug offender using statutes that carry any mandatory minimum sentencing term or expending any funds to continue to imprison anyone whose prison sentence would have been completed had the Fair Sentencing Act been made retroactive.
My suggestion here might ultimately be more of a Swiftian "modest proposal" than a real suggestion for how real work can get done on sentencing reform in Congress. Nevertheless, as the prospect of major federal statutory sentencing reform semes to grow ever darker with each passing week, I am ever eager to consider and suggest whatever it might take to turn the enduring bipartisan sentencing reform talk into some consequential legislative action.
Friday, April 15, 2016
More praise of my Ohio State students (and Ohio legislators and others) for research on marijuana law, policy and reform
Regular readers are familiar with my periodic collecting of posts from my Marijuana Law, Policy and Reform blog. And, as highlighted in this prior post, a lot of recent content on that site involve ideas and collections of materials put together by terrific student in my Ohio State College of Law seminar as they gear up for class presentations on an array of fascinating marijuana law and policy and reform topics. In addition, just as my class is starting to wind down, it seems that the debate over medical marijuana reform is really heating up in Ohio and elsewhere. This collection of links to recent posts at MLP&P reflect these realities:
Thursday, April 14, 2016
Two timely stories of marijuana reform not yet helping those serving "Outrageous Sentences For Marijuana"
From two very different media sources today, I see two very notable stories of defendants convicted of marijuana-related offenses serving extreme sentences for a type of behavior that is now "legal" at the state level in some form throughout much of the United States.
First, the New York Times has this new editorial headlined "Outrageous Sentences for Marijuana," which starts this way:
Lee Carroll Brooker, a 75-year-old disabled veteran suffering from chronic pain, was arrested in July 2011 for growing three dozen marijuana plants for his own medicinal use behind his son’s house in Dothan, Ala., where he lived. For this crime, Mr. Brooker was given a life sentence with no possibility of release.
Alabama law mandates that anyone with certain prior felony convictions be sentenced to life without parole for possessing more than 1 kilogram, or 2.2 pounds, of marijuana, regardless of intent to sell. Mr. Brooker had been convicted of armed robberies in Florida two decades earlier, for which he served 10 years. The marijuana plants collected at his son’s house — including unusable parts like vines and stalks — weighed 2.8 pounds.
At his sentencing, the trial judge told Mr. Brooker that if he “could sentence you to a term that is less than life without parole, I would.” Last year, Roy Moore, chief justice of the Alabama Supreme Court, called Mr. Brooker’s sentence “excessive and unjustified,” and said it revealed “grave flaws” in the state’s sentencing laws, but the court still upheld the punishment.
On Friday, the United States Supreme Court will consider whether to hear Mr. Brooker’s challenge to his sentence, which he argues violates the Eighth Amendment’s ban on cruel and unusual punishments. The justices should take the case and overturn this sentence.
Second, AlterNet has this new piece with this lengthy headline, "As Marijuana Goes Mainstream, California Pioneers Rot in Federal Prison: Luke Scarmazzo and Ricardo Montes opened a dispensary in Modesto. Now they're doing 20 years in federal prison. Their families want them home. " Here is how it starts:
Behind the headlines about President Obama’s historic visit to federal prisons and highly publicized releases of non-violent drug offenders, the numbers tell a different story. Despite encouraging and receiving more clemency petitions than any president in U.S. history — more than the last two administrations combined, nearly 20,000 — very few federal prisoners are actually being granted clemency.
Nowhere is this irony more glaring than in the world of legal cannabis. Cannabis is now considered the fastest-growing industry in the nation, yet remains federally illegal. The sea change from the Department of Justice since 2009 has allowed state-legal cannabis industries to thrive. Federal solutions seem to be around the corner and for the first time cannabis businesses are being publicly traded and receiving legal Wall Street investment.
Ricardo Montes and Luke Scarmazzo are two of the 20,000 federal prisoners appealing to President Obama for clemency. They have exhausted their appeals and are serving 20-year mandatory minimum sentences for openly running a dispensary in the early days of California’s pioneering medical cannabis law. The irony isn’t lost on them that their crimes are now legal and profitable, but their appeals for clemency aren’t based on justice anymore — they just want to be home with their kids. Their daughters, Jasmine Scarmazzo, 13, and Nina Montes, 10, are appealing directly to President Obama to release their fathers via a Change.org petition.
Given that the Supreme Court has often stated and held that the Eighth Amendment's "scope is not static," but "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society,” Trop v. Dulles, 356 U.S. 86, 101 (1958), I think both these cases should be pretty easy constitutional calls if courts and/or executive branch officials took very seriously a commitment to updating and enforcing Eighth Amendment limits on lengthy prison terms in light of the obviously "evolving standards of decency" concerning medical use of marijuana throughout the United States and the world. But, while hoping for some judicial or executive action in this arena, I am not holding my breath that any of these medical marijuana offenders will be free from incarceration anytime soon.
April 14, 2016 in Drug Offense Sentencing, Marijuana Legalization in the States, Offense Characteristics, Pot Prohibition Issues, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (1)
Wednesday, April 13, 2016
Restrictive medical marijuana reforms proposed by Ohio legislature in shadow of broader initiative effort
As a bellwether state with a long history of picking White House winners, I often feel very lucky to be in Ohio in big election years to observe how local, state and national politics surrounding various criminal justice issues play out in the Buckeye State. But this year, given my particular interest in marijuana reform, law and policy and the coming (brokered?) GOP convention in Cleveland, my Buckeye political and policy cup is already running over.
I bring all this up today because, as detailed in this new local article, "Ohio state lawmakers release plan to legalize medical marijuana," local GOP legislative leaders in Ohio are now actively peddling an important (but restrictive) medical marijuana reform proposal at the same time the national Marijuana Policy Project is gathering signatures and building a campaign for (much broader) medical marijuana reform in the form of a November 2016 voter initiative to amend the Ohio Constitution. Here are the basics and latest in these dynamic ongoing Buckeye marijuana reform developments:
Ohio state lawmakers released plans today to legalize marijuana for medical use. The bill being considered would allow doctors to write notes for marijuana for medical use. It would still allow for drugfree workplaces.
People who use medical marijuana, could still be fired from their job, according to the bill. The bill will not allow for home growing of marijuana.
Doctors would be required to periodically report to the state why they are prescribing marijuana instead of other drugs. Anyone taking medical marijuana under the age of 18 would require parental consent.
Ohio lawmakers are also asking the federal government to change marijuana from a Schedule 1 drug to a Schedule 2 drug. Hearing will start soon on the legislation and there could be as many as two hearings a week. No word yet on where Gov. John Kasich stands on the legislation.
The move comes as groups start collecting signatures to put an issue on the ballot before voters in November.... [and] polls show that legalizing marijuana just for medical use is popular across the state....
Ohioans for Medical Marijuana, which is backed by a national group, expects to spend $900,000 collecting 306,000 valid voter signatures to qualify for the November ballot.
Cross-posted at Marijuana Law, Policy and Reform (where in coming days I will do some anaylsis of the Ohio bill and reactions thereto).
Thursday, April 07, 2016
In praise of my Ohio State students and their research on marijuana law, policy and reform
Regular readers are familiar with my periodic collecting of posts from my Marijuana Law, Policy and Reform blog. Today, however, I have the pleasure of collecting and praising the posts which have been done in recent weeks by my Ohio State College of Law seminar students in that space as they make class presentations on an array of fascinating topics:
Monday, April 04, 2016
Senators Grassley and Feinstein convening hearing on whether DOJ is "Adequately Protecting the Public" from state marijuana reforms
This recent press release from US Senate's Caucus on International Narcotics Control details that this caucus has a hearing scheduled to explore how the federal government is keeping an eye on state-level marijuana reforms. (Exactly what this has to do with international control is unclear, but big-government drug warriors on both sides of the political aisle like Senators Grassley and Feinstein have never really been too keen to worry about limiting government growth in this arena.) Here are the basic details on what is prompting this hearing:
Sen. Chuck Grassley, Chairman of the Judiciary Committee and the Caucus on International Narcotics Control, and Sen. Dianne Feinstein, Co-chairman of the Caucus on International Narcotics Control, will hold a hearing entitled, “Is the Department of Justice Adequately Protecting the Public from the Impact of State Recreational Marijuana Legalization?”
In August 2013, the Obama Administration decided to effectively suspend enforcement of federal law on marijuana in states that legalized it for recreational use. But to disguise its policy as prosecutorial discretion, the Administration also announced federal priorities that it claimed would guide its enforcement going forward. These priorities include preventing marijuana from being distributed to minors, stopping the diversion of marijuana into states that haven’t legalized it, and preventing adverse public health effects from marijuana use. At the time, the Justice Department warned that if state efforts weren’t enough to protect the public, then the federal government might step up its enforcement or even challenge the state laws themselves. This put the responsibility on the Department of Justice to monitor developments in these states, develop metrics to evaluate the effectiveness of its policy, and change course if developments warranted.
But a report from the Government Accountability Office that Grassley and Feinstein requested found that the Administration doesn’t have a documented plan to monitor the effects of state legalization on any of these priorities. Moreover, according to the report, officials at the Department could not even say how they make use of any information they receive related to these priorities. Grassley and Feinstein are convening this hearing to explore this problem.
What I find most notable and disconcerting about this hearing is that it claims to be exploring whether the big federal government bureaucrats inside the Beltway at DOJ who are very far removed from direct public accountability are "protecting the public" from state reforms in Alaska and Colorado and Oregon and Washington which were enacted directly by the public through voter initiatives.
Cross posted at Marijuana Law, Policy and Reform.
Wednesday, March 23, 2016
Lots of food for marijuana reform thought via Marijuana Law, Policy and Reform
The biggest news this week in the marijuana reform space was the "dog-not-barking" decision by the Supreme Court to deny the "motion for leave to file a bill of complaint" brought by Nebraska and Oklahoma against Colorado for its recreational reforms (basics here). But, as highlighted by students in my semester-long OSU Moritz College of Law seminar on marijuana laws and reform via readings assembled for in-class presentations, there are lots of other topics for marijuana reformers (and their opponents) to be concerned with these days.
Here is a round up of just some of the many interesting reform-related stories flagged recently over at Marijuana Law, Policy & Reform:
Monday, March 21, 2016
SCOTUS rejects original lawsuit brought by Nebraska and Oklahoma against Colorado over marijuana reform
Legal gurus closely following state-level marijuana reforms have been also closely following the lawsuit brought directly to the Supreme Court way back in December 2014 by Nebraska and Oklahoma complaining about how Colorado reformed its state marijuana laws. Today, via this order list, the Supreme Court finally officially denied the "motion for leave to file a bill of complaint" by Nebraska and Oklahoma against Colorado. This is huge news for state marijuana reform efforts, but not really all that surprising. (It would have been bigger news and surprising if the motion was granted.)
Notably, Justice Thomas authored an extended dissent to this denial, which was joined by Justice Alito. Here is how this dissent stats and ends:
Federal law does not, on its face, give this Court discretion to decline to decide cases within its original jurisdiction. Yet the Court has long exercised such discretion, and does so again today in denying, without explanation, Nebraska and Oklahoma’s motion for leave to file a complaint against Colorado. I would not dispose of the complaint so hastily. Because our discretionary approach to exercising our original jurisdiction is questionable, and because the plaintiff States have made a reasonable case that this dispute falls within our original and exclusive jurisdiction, I would grant the plaintiff States leave to file their complaint....
Federal law generally prohibits the manufacture, distribution, dispensing, and possession of marijuana. See Controlled Substances Act (CSA), 84 Stat. 1242, as amended, 21 U. S. C. §§812(c), Schedule I(c)(10), 841–846 (2012 ed. and Supp. II). Emphasizing the breadth of the CSA, this Court has stated that the statute establishes “a comprehensive regime to combat the international and interstate traffic in illicit drugs.” Gonzales v. Raich, 545 U.S. 1, 12 (2005). Despite the CSA’s broad prohibitions, in 2012 the State of Colorado adopted Amendment 64, which amends the State Constitution to legalize, regulate, and facilitate the recreational use of marijuana. See Colo. Const., Art. XVIII, §16. Amendment 64 exempts from Colorado’s criminal prohibitions certain uses of marijuana. §§16(3)(a), (c), (d); see Colo. Rev. Stat. §18–18–433 (2015). Amendment 64 directs the Colorado Department of Revenue to promulgate licensing procedures for marijuana establishments. Art. XVIII, §16(5)(a). And the amendment requires the Colorado General Assembly to enact an excise tax for sales of marijuana from cultivation facilities to manufacturing facilities and retail stores. §16(5)(d).
In December 2014, Nebraska and Oklahoma filed in this Court a motion seeking leave to file a complaint against Colorado. The plaintiff States — which share borders with Colorado — allege that Amendment 64 affirmatively facilitates the violation and frustration of federal drug laws. See Complaint ¶¶54–65. They claim that Amendment 64 has “increased trafficking and transportation of Coloradosourced marijuana” into their territories, requiring them to expend significant “law enforcement, judicial system, and penal system resources” to combat the increased trafficking and transportation of marijuana. Id., ¶58; Brief [for Nebraska and Oklahoma] in Support of Motion for Leave to File Complaint 11–16. The plaintiff States seek a declaratory judgment that the CSA pre-empts certain of Amendment 64’s licensing, regulation, and taxation provisions and an injunction barring their implementation. Complaint 28–29.
The complaint, on its face, presents a “controvers[y] between two or more States” that this Court alone has authority to adjudicate. 28 U. S. C. §1251(a). The plaintiff States have alleged significant harms to their sovereign interests caused by another State. Whatever the merit of the plaintiff States’ claims, we should let this complaint proceed further rather than denying leave without so much as a word of explanation.
Cross-posted at Marijuana Law, Policy & Reform.
Thursday, March 10, 2016
"Make No Mistake: Hillary Clinton is a Drug Warrior"
The title of this post is the headline of this notable commentary authored by Romain Bonilla that I just came across on the Marijuana Politics website. Here are excerpts:
Hillary Clinton’s record on the War on Drugs sets her apart from other the other candidates — and not in a good way. From her criminal justice agenda as First Lady to her foreign policies as Secretary of State, Hillary Clinton has proven herself to be one of the greatest drug warriors of our generation. At a time when two-thirds of Americans support ending the War on Drugs, it’s crucial for her record on the issue to be brought to light.
Over the course of Bill Clinton’s presidency, Hillary Clinton publicly supported tough-on-crime criminal justice reforms that escalated and emboldened the War on Drugs. As First Lady, Hillary Clinton pushed for the largest crime bill in the history of the United States: the Violent Crime Control and Law Enforcement Act. This 1994 crime bill called for 100,000 more police officers, provided billions of dollars of funding to prison construction, and ramped up the use of mandatory minimum sentences. This law became a signature accomplishment of Bill Clinton’s presidency....
Hillary Clinton’s involvement with the War on Drugs didn’t stop there. As Secretary of State, Clinton waged the War on Drugs abroad. Under Hillary Clinton’s leadership, the State Department fueled the Mexican Drug War by funding efforts to combat drug trafficking. Through its Mérida Initiative, Clinton’s State Department hired American defense contractors to take part in the conflict and sold billions worth of weapons to Mexico — leading it to become one of the world’s top purchasers of U.S. military arms and equipment. Over the course of Hillary Clinton’s tenure as Secretary of State, the Mexican Drug War spiraled into chaos, killing over 160,000 people and displacing millions of others.
Worse still: As Clinton’s State Department gave billions in drug war aid to Mexico, it turned a blind eye to the widespread human rights abuses perpetrated by the country’s government. Even as the United Nations acknowledged that Mexican authorities were involved in kidnappings and disappearances, Clinton’s State Department continued to support the offensive.
Now aiming for the presidency, in the Democratic race against Bernie Sanders, Hillary Clinton describes herself as a progressive leader who will end mass incarceration. As she campaigns for the Democratic nomination, Clinton appears to have “evolved” on issues of drug policy, and gives lip-service to some of the things drug policy reformers have been saying for years. In a January debate, for instance, she stressed the importance of treating addiction as a health issue rather than a crime, hinting at an understanding of the failures of the drug war.
While Hillary Clinton is willing to speak vaguely against the War on Drugs, she refuses to embrace meaningful reforms to current drug policies. While most Americans agree that marijuana should be legal, Clinton supports rescheduling it to Schedule II, the same category as cocaine and methamphetamine. This proposal would do little to end the War on Drugs, but would facilitate research on medical marijuana and allow pharmaceutical companies to sell cannabinoid drugs.
Hillary Clinton’s drug policies are completely in line with those of the wealthy special interests that fund her campaign, like the private prison lobby and Big Pharma. Under Clinton’s marijuana policy, users would still be prosecuted for mere possession (as is the case for cocaine and methamphetamine users), but drug companies would get a free pass to profit off of marijuana’s medicinal value.
This position on marijuana policy is certainly not enough to redeem Clinton’s record of tough-on-crime legislation and drug warmongering abroad. Though she didn’t declare it, Hillary Clinton has been a champion of the War on Drugs. Her policies have sacrificed millions of lives to the failed ideal of a drug-free America and her contribution to mass incarceration haunts this nation to this day. Viewed as a whole, Hillary Clinton’s record reveals her to be a staunch drug warrior — and if she won’t push for meaningful reforms now, it’s unlikely she’ll ever get around to it.
Thursday, February 11, 2016
Some marijuana reform developments (with seasonal politics) via Marijuana Law, Policy and Reform
It has been a few weeks since I highlighted here developments in the marijuana reform space, and recent posts from Marijuana Law, Policy & Reform highlight just some of the reasons why the on-going 2016 election (and the football season just completed) provide a number of marijuana reform angles and stories worth keeping an eye on:
Sunday, January 24, 2016
Lots of notable new year marijuana reform developments via Marijuana Law, Policy and Reform
It has been some time since I highlighted here developments in the marijuana reform space, and these recent posts from Marijuana Law, Policy & Reform highlight just some of the reasons why 2016 is already full of marijuana reform stories worth keeping an eye on:
Thursday, January 07, 2016
Are there any clear data patterns linking marijuana reforms and broader criminal justice developments?
The somewhat cumbersome question in the title of this post is prompted by the number crunching appearing in this interesting data-focused new piece by Jon Gettman via High Times titled ""Pot Matters: Marijuana in the Larger Context of Criminal Justice Reform." Here are excerpts:
The Bureau of Justice Statistics has recently release their annual data on correctional populations in the United States, comparing the latest data (from 2014) with prior years. This data on people under correctional supervision consists of totals of people incarcerated in either jail or prison, those on probation, or released on parole. This data does not include information on the offenses committed by people under correctional supervision. The big headline is that the total population of people under the watchful eye of the correctional supervision is declining.
In 2014, there were 6,851,000 people in the system, a decline of 52,200 offenders from 2013. The overall rate of 2.8 percent of adults in the United States being under some form of correctional supervision is the lowest since 1996. The correction population has been declining by an annual average of one percent since 2007. The incarcerated population increased slightly (by 1,900) in 2014, and most of the decrease over time has been in the area of community supervision (probation and parole). Reducing the number of marijuana arrests in a jurisdiction is an easy way to reduce the burden on probation officers given that many marijuana possession offenses result in probation....
From 2005 to 2014, the total correctional population in the United States fell by 241,000 from 7,055,600 to 6,814,600. Actually, the federal population increased by 33,500 in this period, but the state population fell by 274,500. However, the correction population increased in 26 states by a total of 283,100. It fell in 24 states and the District of Columbia by 557,300.
So which states are increasing their correctional populations? The biggest increases from 2005 to 2014 were in Georgia (48,000), Pennsylvania (47,500), Kentucky (30,700), Colorado (25,500) and Tennessee (20,600). The other states rounding out the top 10 were Alabama, Mississippi, Virginia, Arizona and Iowa.
The biggest decreases in correctional populations were in California (-160,700), Massachusetts (-101,800), Florida (-49,300), New York (-38,400) and Texas (-34,500). The rest of the top 10 in reduced correctional populations were New Jersey, Illinois, Minnesota, Connecticut and North Carolina.
There is no clear pattern here with respect of state marijuana laws, but there is an interesting trend worth noting. States that rely more on community supervision than incarceration often have reformed their marijuana laws....
Of the 15 jurisdictions with the highest levels of community supervision, in addition to Georgia, seven of them have decriminalized or legalized marijuana (Washington D.C., Minnesota, Ohio, Massachusetts, Washington, Oregon and Maryland). Increasing the list to 16 adds Colorado. Other states in this group of 16 have medical marijuana laws (Rhode Island, Hawaii, New Jersey, Vermont and Michigan).
Marijuana law reform and legalization are sound policies with great merit, but they are also part of a larger issue in the United States, the reform of the criminal justice system in ways that reduce the number of people under correctional supervision. This has always been part of the argument for legalizing cannabis — the justice system should stop wasting resources on marijuana users and divert them to violent offenders.
The recent trends in correctional supervision data present good news and bad news when it comes to the legalization of cannabis. The good news is that many states are receptive to criminal justice reform, particularly ones that have already made a commitment to community supervision as an alternative to incarceration. These states, and states that are reducing their correctional populations, may be the most receptive to ending arrests for marijuana offenses.
The bad news is that other states remain committed to increasing arrests and increasing correctional populations. These states, their criminal justice professionals and their political leaders will present the greatest challenges to the legalization of cannabis throughout the United States.
I would be very eager for readers to point me to any other research or data sets starting to look at whether and how a state's approach to marijuana reform may (or may not) be incfluencing other criminal justice developments in the state. And, of course, anyone just generally interested in marijuana reform ought to be regularly checking out my Marijuana Law, Policy & Reform blog. Here are links to a few recent posts from that locale:
- Should we expect any major federal marijuana reform developments in 2016?
- Two different prespectives on the coming marijuana reform future
- Gearing up for historic 2016 in the arena of marijuana law, policy and reform
- MPP Director provides Top 10 accounting of marijuana reform achievements in 2015
- SAM Prez provides Top 10 accounting of marijuana reform difficulties in 2015
Thursday, December 17, 2015
Justice Department urges SCOTUS to refuse to take up original suit about marijuana brought by neighbor states against Colorado
As discussed here by Rob Mikos over at my Marijuana Law, Policy & Reform blog, late yesterday the US Solicitor General filed an amicus brief in the Supreme Court concerning the suit brought by Nebraska and Oklahoma against Colorado seeking various kinds of legal relief in the wake of Colorado's legalization of recreational marijuana. Rob provides this basic background and summary of the filing:
Per its practice, SCOTUS had requested the SG’s input. The brief can be found via this link. (To provide some background, the SG handles all litigation involving the United States before SCOTUS, and it also commonly files amicus briefs in SCOTUS cases in which the U.S. is not a party. The SG’s positions can be quite influential on the Court.) For earlier postings on this case, see here, here and here.
In a nutshell, the SG argued that SCOTUS should refuse to exercise original jurisdiction over the action. Why? Perhaps most importantly, the SG suggested that the NE / OK suit didn’t fit the mold of cases over which SCOTUS had traditionally exercised original jurisdiction – namely, cases in which one state had directly harmed another. Importantly, the SG argued that CO hadn’t directly injured its neighboring states, e.g., by exporting marijuana or authorizing private citizens to do so. Rather, any injury NE / OK have suffered is more directly traceable to the actions of private parties who buy marijuana in CO and then take it outside the state.
Because it focused on SCOTUS practice, the SG did not need to weigh in on the merits of the underlying action. But I think the argument the SG makes favors CO, if SCOTUS (or another court) ever had to decide the matter. After all, if CO is not directly responsible for the injury to NE / OK’s regulatory interests, it’s hard to see why CO could be held responsible for any injury to federal regulatory interests. In other words, if CO isn’t responsible for people using marijuana in NE / OK, then it arguably isn’t responsible for people using marijuana in CO either.
As the SG itself notes, even if SCOTUS declines original jurisdiction over the suit, NE / OK could still file it in a federal district court. Of course, it would have to overcome some daunting procedural hurdles there as well (e.g. ,standing), as noted in the SG brief.
I am hopeful I will have time in the coming days to closely analyze this SG amicus brief and to post some additional commentary at the Marijuana Law, Policy & Reform blog or here. In the meantime, here is how the Discussion section of the SG's brief gets started:
The motion for leave to file a bill of complaint should be denied because this is not an appropriate case for the exercise of this Court’s original jurisdiction. Entertaining the type of dispute at issue here — essentially that one State’s laws make it more likely that third parties will violate federal and state law in another State — would represent a substantial and unwarranted expansion of this Court’s original jurisdiction.
Wednesday, December 16, 2015
Mixed outcomes for marijuana reform efforts in latest omnibus spending bill from Congress
Though there are a number of federal marijuana reform bills kicking around Congress, it seems very unlikely any of these bills will be moving forward anytime soon. In the meantime, though, marijuana reform issues and proposals keep coming up in debates over government spending bills. And, in the wee hours last night, Congress passed a big new spending bill that included (and failed to include) some notable marijuana reform provisions.
Representative Earl Blumenauer, a supporter of federal marijuana reforms, issued today this press release summarizing what appears and does not appear in the omnibus bill. Here is part of the text of this release:
Representative Blumenauer is pleased to see the inclusion of the following provisions in the omnibus package:
- The policy championed by Representatives Dana Rohrabacher (R-CA) and Sam Farr (D-CA) that prevents the Department of Justice from interfering in the ability of states to implement legal medical marijuana laws (Division B, Title V, Section 542)
- Language that supports industrial hemp research allowed under Section 7606 of the 2014 Farm Bill (Division B, Title V, Section 543 and Division A, Title VII, Section 763)
Representative Blumenauer is disappointed, however, that the bill falls short by not including provisions that:
- Make it easier for banks to do business with state-legal marijuana businesses
- Allow Veterans Health Administration providers to recommend medical marijuana to their patients in accordance with state law, a provision he championed in the House
Representative Blumenauer is also disappointed to see the continuation of a rider that interferes with Washington, DC's ability to pass laws dealing with the sale of marijuana for adult use.
Cross-posted at Marijuana Law, Policy & Reform.
Thursday, November 19, 2015
Lots of interesting marijuana reform developments via Marijuana Law, Policy and Reform
It has been a couple of weeks since I highlighted here nationally and internationally developments in the marijuana reform space, and these recent posts from Marijuana Law, Policy & Reform discusses just some of these developments:
- Advocates for marijuana reform in Vermont highlight economic development
Sunday, November 08, 2015
"How Doctors Helped Drive the Addiction Crisis"
The title of this post is the headline of this extended New York Times op-ed authored by Richard Friedman, which reinforces my long-standing view that drug use/abuse and related social ills are most properly considered and addressed as public health concerns rather than criminal justice issues. Here are excerpts:
There has been an alarming and steady increase in the mortality rate of middle-aged white Americans since 1999, according to a study published last week. This increase — half a percent annually — contrasts starkly with decreasing death rates in all other age and ethnic groups and with middle-aged people in other developed countries.
So what is killing middle-aged white Americans? Much of the excess death is attributable to suicide and drug and alcohol poisonings. Opioid painkillers like OxyContin prescribed by physicians contribute significantly to these drug overdoses.
Thus, it seems that an opioid overdose epidemic is at the heart of this rise in white middle-age mortality.... Driving this opioid epidemic, in large part, is a disturbing change in the attitude within the medical profession about the use of these drugs to treat pain....
[S]tarting in the 1990s, there has been a vast expansion in the longterm use of opioid painkillers to treat chronic nonmalignant medical conditions, like lowback pain, sciatica and various musculoskeletal problems. To no small degree, this change in clinical practice was encouraged through aggressive marketing by drug companies that made new and powerful opioids, like OxyContin, an extendedrelease form of oxycodone that was approved for use in 1995....
The consequences of this epidemic have been staggering. Opioids are reported in 39 percent of all emergency room visits for nonmedical drug use. They are highly addictive and can produce significant depressive and anxiety states. And the annual direct health care costs of opioid users has been estimated to be more than eight times that of nonusers.
But most surprising — and disturbing — of all is that there is actually very weak evidence that opioids are safe or effective for the longterm treatment of nonmalignant pain. So how did they become so popular for these uses? A large review article conducted between 1983 and 2012 found that only 25 of these were randomized controlled trials and only one study lasted three months or longer. The review concluded that there was little good evidence to support the safety or efficacy of longterm opioid therapy for nonmalignant pain....
What is really needed is a sea change within the medical profession itself. We should be educating and training our medical students and residents about the risks and limited benefits of opioids in treating pain.... It is physicians who, in large part, unleashed the current opioid epidemic with their promiscuous use of these drugs; we have a large responsibility to end it.
This commentary fittingly highlights that, in modern times, doctors and Big Pharma are the most significant (and potentially dangerous) drug dealers for most Americans. It also informs my own disinclination to defer completely to doctors and Big Pharma when they express concern about the potential harms of marijuana reform or to trust politicians when they suggest doctors and Big Pharma should guide us through modern marijuana reform debates. When it comes to pain management and the developments of safe drugs to treat chronic pain, doctors and Big Pharma have a track record in recent decades that should prompt much more suspicion than confidence.
Some prior related posts:
- "Drug Dealers Aren't to Blame for the Heroin Boom. Doctors Are."
- Gendered perspective on Ohio's challenges with opioids and prison growth
- "Prisons Are Making America's Drug Problem Worse"
- Following the money behind sustaining pot prohibition
- "Fatal Re-Entry: Legal and Programmatic Opportunities to Curb Opioid Overdose Among Individuals Newly Released from Incarceration"
Saturday, November 07, 2015
Some more highlights from a busy week at Marijuana Law, Policy and Reform
Though I previously highlighted here my reactions to this past week's big Ohio vote on a controversial marijuana reform initiaitve, lots more of note happened nationally and internationally this past week in the marijuana reform space. Here are some posts covering some of the developments from Marijuana Law, Policy & Reform:
Wednesday, November 04, 2015
My (too quick) post-election reaction to Ohio marijuana reform efforts
As promised in this prior post, today I have been blogging some more detailed reactions to the big Ohio vote on a controversial marijuana reform initiaitve over at Marijuana Law, Policy & Reform. Here are some of my first few posts (on which I would welcome reactions here or there):
Tuesday, November 03, 2015
Controversial marijuana reform initiative loses big in Ohio
As reported in this local article, headlined "Ohioans reject legalizing marijuana," the controversial ballot initiative which sought to convince Ohio voters to go from blanket marijuana prohibition to full legalization is losing badly as the votes get counted tonight. Here are the basics:
Ohio voters strongly rejected legalizing marijuana today, despite a $25 miillion campaign by proponents. The Associated Press called State Issue 3 a loser about 9:30 p.m., 30 minutes after the first results were released by Ohio Secretary of State Jon Husted’s office.
The issue to legalize pot for recreational and medical use is going down 65 percent to 35 percent, losing in all 88 counties with more than 48 percent of the statewide vote counted.
“At a time when too many families are being torn apart by drug abuse, Ohioans said no to easy access to drugs and instead chose a path that helps strengthen our families and communities,” said Gov. John Kasich in a statement.
Curt Steiner, campaign director for Ohioans Against Marijuana Monopolies, said, “Issue 3 was nothing more and nothing less than a business plan to seize control of the recreational marijuana market in Ohio ... Never underestimate the wisdom of Ohio voters. They saw through the smokescreen of slick ads, fancy but deceptive mailings, phony claims about tax revenues and, of course, Buddie the marijuana mascot.”
However, State Issue 2 is passing 53 percent to 47 percent. Some counties voted against Issue 2, including Athens County. Issue 2 is an amendment proposed by state lawmakers to make it more difficult for special economic interests to amend the Ohio Constitution in the future.
From the very start of the initiative effort, I kept repeating my view that the framing of any marijuana reform proposal in Ohio would likely determine its fate. Specifically, I thought that if voters saw Issue 3 as a referendum on blanket marijuana prohibition, the issue would have a chance to prevail; if it was seens as a referendum on a corporate take-over of the marijuana movement, it was sure to lose. Based on the mainsteam and social and activist coverage, it seems many voters who might have supported ending prohibition were too turned off by the ResponsibleOhio model to vote yes on Issue 3.
Because it seems like Issue 3 is going down by a very significant margin, I suspect (and fear) that this result in bellwether Ohio will significantly energize both local and national opponents of marijuana reform. Indeed, here is the text of an email I already received from SAM, the leading anti-marijuana reform group:
We did it! Despite a flood of celebrity endorsements and being outspent 15 to 1, Ohio voters weren't fooled. Tonight, they defeated legalization by one of the widest margins of victory any marijuana measure has seen in decades.
This is huge! This proves that our movement is thriving -- and we have many more victories in front of us.
A heartfelt thanks to Ohioans Against Marijuana Monopolies, which our SAM Action Ohio affiliate was a big part of, for delivering this important victory tonight. It proved that legalization is not inevitable, and we will take every grain of knowledge we learned from this campaign into other states moving forward.
I will have lots more coverage and analysis of this notable Ohio result and its local and national implications at Marijuana Law, Policy and Reform in the days ahead.
American Pot: will Ohioans make this the day marijuana prohibition died? UPDATE: NO, Issue 3 loses big
As students in my various classes know well, I have been more than a bit obsessed over the controversial campaign seeking to bring dramatic marijuana reform to my home state of Ohio this year. My interest in this campaign is not only because I have a front-row seat on all the action and know a lot of the leader players, but also because (as hinted in the title of this post) I believe national marijuana prohibition throughout the United States will be functionally dead if a controversial marijuana legalization proposal can win in a swing state in an off-off-year election with nearly all the state's establishment politicians working overtime to defeat it.
Stated more simply, if a majority of Ohio voters today vote to repeal marijuana prohibition in the state, I think it becomes all but certain that national marijuana prohibition will be repealed before the end of this decade. These realities led me to start thinking about the famous lyrics of one of my all-time favorite songs, American Pie. So, at the risk of making light of a serious issue on a serious day, I will carry out these themes by doing a poor man's Weird Al Yankovic:
A long, long time agoI can still remember how that mary jane used to make me smileAnd I knew if Ohio had a chanceWe could make those politicians danceAnd maybe they'd be hoppy for a whileBut February made me shiverWith every complaint drug warriors deliveredBad news in the reform planI couldn't be sure who was the manI can't remember if I criedWhen I read about the monopolies triedBut something touched me deep insideThe day the marijuana prohibition died
So bye, bye, American Pot ProhibitionDrove my Prius to the pollsbut the polls gave me confusing choicesAnd them good ole boys were drinking whiskey 'n ryeSingin' this'll be the day prohibition diesThis'll be the day prohibition dies
Whatever my students and all other Ohioans think about these issue, I sincerely hope everyone goes out to vote so that we get a large and representative indication of what Buckeyes really think about thse matters.
November 3, 2015 in Drug Offense Sentencing, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (7)
Monday, November 02, 2015
All the sentencing news that's fit to print in New York Times
I am to very pleased to see that the two lead stories in today's national section of the New York Times are two criminal justice reform stories that are close to my heart. Here are the headlines and links:
In addition, inspired by the Supreme Court hearing this morning a capital case involving questionable jury selection, the New York Times also has this notable editorial and op-ed article on the topic:
Thursday, October 29, 2015
Final reminder about "Marijuana Politics and Policy: As Goes Ohio, so Goes the Nation...?"
As noted in this post last week, some of my students at The Ohio State University Moritz College of Law have put together a terrific event for tomorrow afternoon (Friday, October 30) to discuss what next week's vote on an Ohio marijuana initiative might mean for both the politics and policy of marijuana reform. This link leads to even details and registration for this (free) event, and there you can also find this summary description:
National leaders in Marijuana Politics and Policy will gather at Moritz to discuss what we have learned from reform movements in states like Colorado, Washington and others, and how these movements relate to the impending Ohio Election. In addition to discussing the impact of marijuana reform on a variety of broader criminal justice and social reform movements, the event will include a discussion of what effects reform in Ohio would have both within the state and nationally.
Participants will include Professors Douglas Berman and Dan Tokaji from The Ohio State University Moritz College of Law, as well as John Hudak and Philip Wallach from the Brookings Institute.
Why this event is so timely and exciting can be readily understood just from these four most recent posts from my Marijuana Law, Policy & Reform blog:
- Highting how Ohio initiative has deeply split traditional marijuana reform groups
- Has candidate Bernie Sanders already produced "big political moment" for marijuana reform?
- Unsurprisingly, MPP and SAM have very different marijuana grades for Prez candidates
- Spotlighting how, in bellwether Ohio, "Corporations, Activists Clash Over Legal Pot"
Leading Dems stake out notable positions on death penalty and marijuana reform
For sentencing and criminal justice fans, last night's GOP Prez debate was a big snooze. But, as the two articles linked below highlight, the leading Prez candidates for the Democrats made headlines in this arena yesterday:
October 29, 2015 in Campaign 2016 and sentencing issues, Death Penalty Reforms, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0)
Friday, October 23, 2015
"Marijuana Politics and Policy: As Goes Ohio, so Goes the Nation...?"
The title of this post is the title of an exciting event that I have been helping some of my students at The Ohio State University Moritz College of Law put together. The event's timing is working out great, because the next Friday, October 30, 2015 is just few days days after the GOP candidates will be in Colorado discussing econmic issues (and marijuana reform?) and a few days before Ohio voters will go to the polls to decide on two marijuana-related ballot initiatives.
Folks can (and should) pre-register for this (free) event at this link, which is also where you can find this summary description:
National leaders in Marijuana Politics and Policy will gather at Moritz to discuss what we have learned from reform movements in states like Colorado, Washington and others, and how these movements relate to the impending Ohio Election. In addition to discussing the impact of marijuana reform on a variety of broader criminal justice and social reform movements, the event will include a discussion of what effects reform in Ohio would have both within the state and nationally.
Participants will include Professor Douglas Berman, John Hudak from the Brookings Institute, Philip Wallach from the Brookings Institute and local researchers and advocates.
Why this event is so timely and exciting should become obvious from just a review of these recent posts from my Marijuana Law, Policy & Reform blog:
Would Paul Ryan as House Speaker dramatically improve prospects for federal sentencing and marijuana reform?
The question in the title of this post post prompted by this news that "Rep. Paul Ryan officially declared his bid for House speaker Thursday after consolidating the support he needs to be elected by his colleagues next week," and Ryan's prior comments about sentencing reform and marijuana policy. Specifically, as detailed in a bunch of older prior posts linked below, Ryan back in 2012 stated that he favored allowing states to set their own marijuana policies, and in 2014 Ryan expressed support for the Smarter Sentencing Act and released an anti-poverty plan that stressed the need for federal sentencing reforms in order "to tap [past offenders'] overlooked potential and ameliorate the collateral impact on children and families."
Of course, past statements and policy positions often get conveniently forgotten or can even change dramatically when a politician pursues a new leadership role at a new political time. (For example, as stressed in this post on my marijuana reform blog Donald Trump once suggested full legalization would be the only way to "win" the drug war, but to date nobody in the MSM has asked about this position or pressed him about his views on the potential economic benefits of marijuana legalization.) So it is possible that Ryan as House Speaker would not prioritize or even now fully support significant federal sentencing and marijuana reforms.
But, as regular readers know well, there is a significant generational divide (especially within the GOP) concerning federal criminal justice reform issues. Generally speaking, younger politicians like Ryan have been much more supportive of reform (and vocal about their support of reform) than older folks like out-going House Speaker John Boehner. Consequently, even if Ryan as House Speaker might not be inclined to make criminal justice reform a top priority, I suspect the younger GOP generation with which he is linked could considerably increase the chances that the House become much more invested and aggressive in making big federal criminal justice changes in the months and years ahead.
A few prior related posts about (future long-time House Speaker?) Paul Ryan and the true conservative case for federal sentencing and marijuana reform:
- VP candidate Paul Ryan says states should have right to legalize medical marijuana
- Could significant federal criminal justice reforms become more likely if the GOP wins Senate in 2014?
- A Beastly articulation of my (foolish?) hope candidate Romney might embrace the Right on Crime movement
- Paul Ryan joins chorus of GOP young guns supporting sentencing reform and Smarter Sentencing Act
- Spotlighting that nearly all GOP Prez hopefuls are talking up sentencing reform
- Rep. Ryan's new anti-poverty proposal calls for federal sentencing and prison reforms
- Newt Gingrich saying again that "backing sensible and proven reforms to the U.S. criminal-justice system is a valuable conservative cause"
- "Right on Crime: A Return to First Principles for American Conservatives"
October 23, 2015 in Elections and sentencing issues in political debates, Mandatory minimum sentencing statutes, Marijuana Legalization in the States, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (3)
Monday, October 19, 2015
Michigan arrest data highlight diverse impact of local decriminalization and continued impact of state-level marijuana prohibition
This new local article, headlined "Michigan pot arrests are trending up, and 8 other points about marijuana," provides data that reinforce my concern that modest marijuana reforms do not really change the basic realities of how marijuana prohibition impacts individuals in various communities. Here are some of the notable data details:
At a time when surveys indicate a majority of Michigan residents support legalizing pot, arrests for marijuana possession or use are increasing — even as arrests for other crimes are going down, according to data collected by the Michigan State Police. Between 2008 and 2014, arrests for marijuana possession or use went up 17 percent statewide, that data shows, while arrests for all crimes dropped by 15 percent.
One possible reason: Federal health surveys indicate marijuana is the most commonly used illicit drug, and the number of regular users has been increasing. In 2013, about 7.5 percent of Americans age 12 or older had used marijuana in the past month, according the 2015 federal Survey on Drug Use and Health.
Below are other highlights from the Michigan arrest data, which was collected by the State Police from local and county enforcement agencies.
1. The vast majority of marijuana arrests are for possession or use.
In 2014, there were 20,483 arrests for marijuana use or possession, which was 86 percent of all marijuana arrests. About 10 percent of the other arrests are for selling the drug, and the remainder are for "producing" the drug, smuggling or "other." Arrests related to marijuana are about two-thirds of all drug arrests in Michigan and in 2014 were 9 percent of all criminal arrests.
2. A disproportionate number of those arrested for marijuana-related crimes are between the ages of 18 and 24.
About 43 percent of those arrested in 2014 for marijuana were age 18 to 24. The breakdown for other age groups: 26 percent were age 25 to 34; 11 percent were age 35 to 44; 9 percent were under 18; 7 percent were age 45 to 54, and 3 percent were sage 55 or older. The federal drug survey indicates that marijuana use is highest among young adults. In fact, 24 percent of male and 17 percent of female female full-time college students age 18 to 22 use marijuana, the survey shows.
3. The vast majority of those arrested in marijuana cases are men.
Men comprised 83 percent of marijuana arrests in 2014, which is disproportionate compared to their rate of usage. About 9.7 percent of American males age 12 and older are users of marijuana compared to 5.6 percent of women, according to a 2013 federal survey on drug use. That means men are 1.7 times more likely to use marijuana, but are five times more likely to be arrested on marijuana charges.
4. African-Americans are a disproportionate number of marijuana arrests.
An African-American in Michigan was three times more likely to be arrested in 2014 for violating marijuana laws compared to a white person, although surveys and research indicate little difference between usage rates between the two groups. In all, African-Americans comprise about 14 percent of Michigan's population, but 35 percent of marijuana arrests....
6. Since 2011, 21 Michigan cities have voted on legalizing or decriminalizing marijuana....
7. Decriminalization initiatives have had mixed impact on arrests in those communities.
Six communities — Detroit, Grant Rapids, Lansing, Kalamazoo, Flint and Ypsilanti — passed decriminalization initiatives before 2014. Based on arrests in those cities for marijuana use or possession in 2011 compared to 2014, the initiatives had mixed impact.
The most dramatic changed occurred in Grand Rapids, where arrests for marijuana use or possession dropped from 952 in 2011 to 93 in 2014. The numbers also dropped significantly between 2011 and 2014 in the city of Kalamazoo, from 327 to 166. In Detroit, arrests dropped from 1,297 to 974 during the three-year period.
Arrests for marijuana use or possession actually went up in Lansing and Ypsilanti. Lansing had 73 arrests for marijuana use or possession in 2011, compared to 79 in 2014. In Ypsilanti, arrests went from 74 to 88 during that time frame.
Cross-posted at Marijuana Law, Policy & Reform, where these additional recent posts may be of interest to sentencing fans:
- Who says reefer madness is dead, eh?
- Reefer madness or state law sanity?: Ohio AG sues Toledo after passage of local marijuana decriminalization measure
- First poll on Ohio ballot issues suggests marijuana legalization (and litigation) likely
- Could NFL's survival depend on medical marijuana breakthrough?
- California wisely includes mandated DUI research in recent medical marijuana reforms
- "Lessons from Washington and Colorado: The Potential Financial Gains of Recreational Marijuana to Canada"
- In first major Democrat Prez debate, Bernie Sanders says he'd likely vote for marijuana legalization; Hillary Clinton still has her finger in the air
- Latest swing-state polling shows huge support for ending blanket marijuana prohibition
Thursday, October 08, 2015
What major federal criminal justice reform now gets 90% support in key swing states?
In this post and others at Crime & Consequences, Bill Otis rightly notes that relatively little objective polling has focused on the array of federal sentencing and correction reforms that are being actively proposed and promoted now by many leaders in the US Senate and House. Like Bill, I would like to see the media and other independent groups conduct polling on some key aspects of federal drug sentencing and broader rehabilitation-oriented prison reform proposals now being considered on Capitol Hill.
Critically, though, thanks largely to voter-initiated, state-level reforms over the last few years, we are starting to see a lot more media and other independent groups conduct polling on one particular aspect of the federal criminal justice system: blanket marijuana prohibition and criminalization. The latest polling numbers in this space come from the independent Quinnipiac University Poll, and it finds remarkably high public support for ending marijuana prohibition in swing states in order to allow adults "to legally use marijuana for medical purposes if their doctor prescribes it." This Quinnipiac press release about its poll places emphasis on closely-divided (and gender/age-distinctive) views on recreational marijuana reform, but I find the medical marijuana poll numbers most remarkable and important. Here are excerpts from the press release (with my emphasis added):
"If men are from Mars and women are from Venus, then the Red Planet might be the more spacey place. That's because men are more likely than women to support legalization of marijuana for recreational use," said Peter A. Brown, assistant director of the Quinnipiac University Poll. "Not surprisingly support for the change is linked to age, with younger voters more likely to see personal use of pot as a good thing."
"But despite the support for legalization, a majority of voters in Florida, Ohio and Pennsylvania say they would not use the drug if it were legal," Brown added. "Only about one in 10 voters opposes legalizing marijuana for medical purposes." ...
Florida voters support legalizing personal marijuana use 51 - 45 percent.... Voters support legalizing medical marijuana 87 - 12 percent....
Ohio voters support legalizing personal marijuana use 53 - 44 percent.... Voters support legalized medical marijuana use 90 - 9 percent.
Pennsylvania voters are divided on legalizing personal marijuana use, with 47 percent in favor and 49 percent opposed.... Voters support legalizing medical marijuana 90 - 9 percent.
Among other stories, these latest poll numbers reinforce my concern that federal laws and our federal political leaders (including, it seems, most of the candidates running to be our next President) are badly out of touch with public views on marijuana reform. Even in these purple swing states, roughly 90% (!) of those polled say, in essence, that they do not support blanket marijuana prohibition and criminalization, and yet blanket marijuana prohibition persists in federal law and precious few elected federal office holders (or those seeking to be elected office holders) are willing even to talk about seeking to change these laws in the short term.
That all said, I am getting a growing sense that, over time, more and more promiment establishment politicians are coming to understand just how talking seriously (and modestly) about marijuana reform can be a winning political issue (especially among younger voters). Still, as evidenced by some recent posts at my Marijuana blog, the politics, policies and practicalities of marijuana reform are so dynamic, I find myself unwilling ever to make bold predictions about what might happen next in this reform space.
Some recent posts from Marijuana Law, Policy & Reform:
- Reefer madness or state law sanity?: Ohio AG sues Toledo after passage of local marijuana decriminalization measure
- Latest swing-state polling shows huge support for ending blanket marijuana prohibition
- "Big Marijuana Reforms Included in Senate Spending Package"
- "A first for the marijuana industry: A product liability lawsuit"
- California wisely includes mandate DUI research in recent medical marijuana reforms
- Could marijuana reform in part explain application and enrollment boost at University of Colorado Law School?
October 8, 2015 in Drug Offense Sentencing, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (5)
Tuesday, October 06, 2015
"Man 'too high' on marijuana calls Austintown police for help"
The title of this post is the headline of this (amusing?) article from a local Ohio paper that almost reads like a story from The Onion. Here are the details:
Township police were called to a home Friday night by a man who complained he was “too high” after smoking marijuana. According to a police report, authorities were called to the 100 block of Westminister Avenue at about 5:20 p.m. Friday by a 22-year old male who had smoked the drug.
The officer who responded to the home could hear the man groaning from a room.The officer then found the man lying “on the floor in the fetal position” and “was surrounded by a plethora of Doritos, Pepperidge Farm Goldfish and Chips Ahoy cookies,” the report said. The man also told police he couldn’t feel his hands.
A glass pipe with marijuana residue, two packs of rolling papers, two roaches and a glass jar of marijuana were recovered from the man’s car after he gave the keys to police.
The man declined medical treatment at the home Friday night. Austintown police have not charged the man in the incident as of late Monday morning.
I am tempted to react to this story by wondering aloud if the cop-calling, worried-weed consumer has twice enjoyed (white?) privilege by (1) thinking he could seek help from the police for his pot problem, and (2) for not yet getting arrested or charged for his various crimes. But rather than turn this story serious, I will instead just request that readers help me imagine funnier headlines for this tale of foolishness.
Sunday, September 27, 2015
Could crime be significantly reduce if marijuana tax revenues were all devoted to public safety?
The question in the title of this post is prompted in part by this new local article out of Colorado headlined "Aurora's Smoking New Budget: City puts pot, public safety resources in play for funding 2016." Here are snippets:
For 2016, the City of Aurora will be adding a new line item to its budget: marijuana. City officials project Aurora will make $2.7 million in 2015 based on 18 retail stores and 5 cultivation facilities slated to be up and running by the end of this year....
City officials project that all 24 stores allowed under Aurora’s recreational marijuana ordinance will be open by next year. City officials said they expect to make $5.4 million in 2016 based on 24 stores and 10 cultivation operations being open....
The 2016 proposed budget for the general fund is $305.7 million, up 5 percent from the 2015 budget of $291 million. The 2016 proposed budget calls for big increases in Aurora’s public safety spending, in part by adding eight police officers for administrative duties and to support field operations. It also calls for seven more fire medics.
I remain hopeful that the repeal of marijuana prohibition in the 21st century, like the repeal of alcohol prohibition in the 20th century, will directly improve public safety by reducing the crimes and violence often associated with black markets in illegal comnmodities. But this local article highlights how marijuana reform, by generating new tax revenues for various jurisdictions, might provide an additional boost to public safety through new resources that can be devoted to proven strategies to reduce criminal activities.
For those interested in marijuana reform topics beyond taxes and public safety, here are some recent posts of note from Marijuana Law, Policy and Reform:
Friday, September 04, 2015
Are you ready for some college football ... and highlights from Marijuana Law, Policy and Reform
I have plans to watch a lot of college football over the long weekend, which culminates Monday night with my Ohio State Buckeyes beginning their national championship defense at Virginia Tech.
I assume a lot of college students also plan to watch a lot of football, and some recent research reported via this post at Marijuana Law, Policy and Reform indicates that college students are now more likely to be smoking marijuana than to be smoking cigarettes when they are taking study breaks. With that terrible segue, here are some more recent posts of note from Marijuana Law, Policy & Reform:
Sunday, August 23, 2015
Could marijuana reform be making Washington roadways safer even if more drivers test positive for THC?
The question in the title of this post is prompted by a chart reprinted here that accompanies this extended article concerning the variety of possible impacts of marijuana reform in Washington state. The article is headlined "Is marijuana dragging us down?: Here's a look at marijuana's role in traffic fatalities, quality-of-life issues, crime," and here are criminal justice excerpts (with key line emphasized):
When recreational marijuana was legalized, Washington entered the unknown, triggering questions — and predictions — about what might happen. Would drug dealers hang around the pot shops? Would it bring riffraff into the neighborhood and make shops easy crime targets? Would people abuse the drug? Or smoke and drive, putting others in harm's way?...
The Washington Traffic Safety Commission found that marijuana has increasingly become a factor in fatal crashes. Most drivers in fatal collisions are tested for drugs. In 2014, among 619 drivers involved in fatal crashes, 89 tested positive for cannabis, according to the Washington Traffic Safety Commission. Of those marijuana-positive drivers, 75 had active THC (the psychoactive compound in cannabis) in their blood, meaning they had recently used the drug. That's twice as many drivers with active THC in their blood than there were in 2010. About half of those 75 drivers were above the legal limit of 5 nanograms of THC per milliliter of blood, the traffic safety commission said. The driver with the highest THC level tested at 70 nanograms of marijuana per milliliter of blood — 14 times the legal limit.
Half of last year's THC-positive drivers were also under the influence of alcohol, and most were above the 0.08 blood alcohol concentration limit, the traffic safety commission said. Marijuana and alcohol used together has a compounding effect.
Shelly Baldwin, spokeswoman for the Washington Traffic Safety Commission, said drugs have surpassed alcohol as factors in fatal crashes. "Marijuana ends up being the most frequent drug, but certainly we see methamphetamine and opiates and cocaine, prescription drugs. There's a long list," Baldwin said....
In 2014, 703 Washington drivers tested positive for being above the legal marijuana limit of 5 ng/mL. That's a fraction of the total DUI violations, which were 25,795 statewide last year. In general, though, driving under the influence violations have gone down in Washington. That means the increase in marijuana detection among drivers is a new, unnerving trend for traffic officials....
The who, what, when, where, why and how of crime is always changing. Officials are hesitant to say what leads to crime, given its ebb and flow, making it difficult to discern whether legalizing pot affected public safety.
Marijuana-related crimes, such as possession and selling of drug paraphernalia, have dropped off, which makes sense given it's now legal to have pot and a pipe. In general, crime has gone down around Clark County, though it increased about 1 percent for the whole state last year, according to the Washington Association of Sheriffs and Police Chiefs. Drug violations accounted for nearly 13,700 crimes reported statewide last year — an uptick from 2013's almost 13,000 violations.
The question in the title of this post is generated by what strikes me as a remarkable — and remarkably significant? — 35% decline in the total number of DUI offenses in Washington state since marijuana was legalized by voter initiative in 2012. Many public health experts have led me to conclude that if a significant segment of the population substitutes marijuana use for alcohol use — instead of supplementing alcohol with marijuana — there will be net public-health benefits because of reduced alcohol-related harms that should surpass any increased marijuana-related harms. These data from Washington state, which do seem to show a small increase in marijuana-related roadway harms, suggest there has been a major overall reduction in dangerous driving and thus net public safety benefits in the Evergreen State since marijuana was legalized.
As I say repeatedly in a variety of settings, it is way too early to reach any firm conclusions about what basic crime and public safety data in marijuana reform jurisdictions really mean for the short- or long-term consequences of legalizations. Nevertheless, even the basic numbers reported here highlight the importance of considering all marijuana-specific data in the context of the broader public safety issues with which they interact.
Dog-day highlights from Marijuana Law, Policy and Reform
It has been a few weeks since I have flagged some posts over at my Marijuana Law, Policy & Reform blog. Here are just a few recent notable posts from that space:
Thursday, August 13, 2015
What can and should voters know about the criminal justice impact of marijuana prohibition as they consider repeal?
I will be off-line for most of the rest of the day in order to have a meeting with a retired Ohio judge (and perhaps some others) to discuss the question that is the title of this post. The question has become especially salient for Ohio voters today: as detailed in this post at MLP&R, as of yesterday it became official that, in less than 90 days, Ohio voters will be deciding whether to legalize marijuana in the Buckeye State for recreational and medical use.
I have spent a fair bit of time trying to rigorously assess, for Ohio and other jurisdictions, just how to measure and describe the "criminal justice footprint" of modern marijuana prohibition and how that footprint can be impacted by marijuana reform. But while I am off-line today, I would be grateful to hear from readers just what they would be eager to know, as a voter considering a reform proposal, about how the criminal justice might change (or not change) due to repeal of marijuana prohibition in a jurisdiction.
Sunday, August 09, 2015
New York Times says: "Congress and Obama Are Too Timid on Marijuana Reform"
A little more than a year ago, as first reported here, the New York Times editorial board ran a provocative serious of editorial calling for the end of marijuana prohibition. I had hoped that in the following weeks and months the NYTimes editorial board would become a vocal and aggressive advocate and cheerleader for state marijuana reforms and federal reform proposals, but it seems there was relatively little editorial follow-up on this front subsequently. This new editorial, headlined "Congress and Obama Are Too Timid on Marijuana Reform," perhaps makes up for some lost time by effectively chastising federal policy-makers for falling behind on the marijuana reform front. Here are excerpts:
Even as support for ending marijuana prohibition is building around the country, Congress and the Obama administration remain far too timid about the need for change.
Last year, residents in Alaska, Oregon and the District of Columbia voted to join Colorado and Washington State in making recreational use of marijuana legal. Later this year, residents of Ohio are expected to vote on a ballot measure that would legalize it. Nevadans will vote on a legalization proposal next year. And Californians could vote on several similar measures next year.
Instead of standing by as change sweeps the country, federal lawmakers should be more actively debating and changing the nation’s absurd marijuana policies, policies that have ruined millions of lives and wasted billions of dollars. Their inaction is putting businesses and individuals in states that have legalized medical and recreational marijuana in dubious legal territory — doing something that is legal in their state but is considered a federal crime. Many growers, retailers and dispensaries also have to operate using only cash because many banks will not serve them, citing the federal prohibition....
Congress has taken a few positive steps, like approving a provision that would prevent the Justice Department from using federal funds to keep states from carrying out their own medical marijuana laws. And some senior Republicans, including Mr. Grassley and Senator Orrin Hatch of Utah, have expressed support for the medical use of a compound known as cannabidiol, which is found in the cannabis plant but is not psychoactive. The Obama administration recently made it easier for scientists to study marijuana by removing a requirement that studies not funded by the federal government go through an additional review process, beyond what is required for researchers working with other drugs.
But both Congress and the White House should be doing more. Specifically, marijuana should be removed from the Controlled Substances Act, where it is classified as a Schedule I drug like heroin and LSD, and considered to have no medical value. Removing marijuana from the act would not make it legal everywhere, but it would make it easier for states to decide how they want to regulate it.
Even as Washington demurs, efforts to legalize marijuana continue in the states.... Direct democracy can sometimes produce good results. But it would be far better for Congress and the president to repeal failed laws and enact sensible drug policies.
Kudos to the Times for encouraging some proactive federal work in this arena, and I have long believed that an (easy?) first step for the feds might be to create some kind of marijuana reform task force or commission (or even a drug policy reform commission) along lines akin to the Colson Corrections Task Force recently created by Congress or the 21st Century Policing Task Force recently created by the President. There is so much state reform activity going on (and so much confusions about the impact of these reforms), I think the feds could and should at this point at least try to create an neutral institution that will study and assess all the rapid developments taking place at the state level.
As long-time readers know, one way for the feds and others to keep an eye on some highlights of state-level developments is by following my Marijuana Law, Policy & Reform blog. Here are just a few recent notable posts from that space: