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:

November 19, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Sentencing around the world, Who Sentences? | Permalink | Comments (0)

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:

November 8, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (2)

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:

November 7, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1)

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):

November 4, 2015 in Marijuana Legalization in the States, Preparing for pot professing, Who Sentences? | Permalink | Comments (3)

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.

November 3, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (2)

American Pot: will Ohioans make this the day marijuana prohibition died? UPDATE: NO, Issue 3 loses big

FrontAs 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 ago
I can still remember how that mary jane used to make me smile
And I knew if Ohio had a chance
We could make those politicians dance
And maybe they'd be hoppy for a while
But February made me shiver
With every complaint drug warriors delivered
Bad news in the reform plan
I couldn't be sure who was the man
I can't remember if I cried
When I read about the monopolies tried
But something touched me deep inside
The day the marijuana prohibition died

So bye, bye, American Pot Prohibition

Drove my Prius to the polls
but the polls gave me confusing choices
And them good ole boys were drinking whiskey 'n rye
Singin' this'll be the day prohibition dies
This'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:

November 2, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (2)

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:

October 29, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (1)

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: 

October 23, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (3)

Would Paul Ryan as House Speaker dramatically improve prospects for federal sentencing and marijuana reform?

Great_white_hope_rectThe 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:

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:

October 19, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (1)

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:

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.

October 6, 2015 in Marijuana Legalization in the States, Offender Characteristics, Offense Characteristics, Pot Prohibition Issues | Permalink | Comments (5)

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:

September 27, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1)

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:

September 4, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (3)

Sunday, August 23, 2015

Could marijuana reform be making Washington roadways safer even if more drivers test positive for THC?

08-23_DUI_violations_t410The 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.

August 23, 2015 in Data on sentencing, Marijuana Legalization in the States, National and State Crime Data, Pot Prohibition Issues | Permalink | Comments (1)

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:

August 23, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1)

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.

August 13, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (1)

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:

August 9, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (2)

Friday, July 31, 2015

Politics of pot continuing to heat up (and partially chronicled at Marijuana Law, Policy & Reform

A new Politico article suggests that Congress is in the midst of a "summer fling With marijuana," and that suggesion only reinforces my view that marijuana should definitely be a topic raised during next week's big GOP debate in  Cleveland.  And any and everyone interested in the modern politics of modern marijuana reform — which is burning hot at the local, tribal, state and international levels as well as in Congress — should be sure to check out my efforts to keep on top of some of the top stories at Marijuana Law, Policy & Reform. Here are links to some recent posts of note from MLP&R:

July 31, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (1)

Sunday, July 05, 2015

Updates on pot prohibition reforms at end of weekend celebrating freedom

It seems only fitting to bring a July Fourth weekend to a close by linking to some recent posts of note from Marijuana Law, Policy and Reform that provide evidence of freedom on the march in a particularly notable arena: 

July 5, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (0)

Sunday, June 28, 2015

When might a modern marijuana reform issue get on the SCOTUS docket?

The question in the title of this post is prompted not only by the fact that the Supreme Court is expected to issues its final opinions of the current Term on Monday, but also because some commentators have noticed parallels between quickly changing voter opinions and state laws on gay marriage and quickly changing voter opinions and state laws on marijuana.  Of course, the SCOTUS already has before it the challenge brought directly by Oklahoma and Nebraska assailing the spill-over harms from Colorado's reforms.  But I believe most informed Court-watchers expect that the Justices will refuse to hear the suit brought by Colorado's neighbors

While we all await the final rulings from SCOTUS on Monday and anticipate some future SCOTUS Term with cases addressing new modern marijuana reforms, here are some recent posts of note from Marijuana Law, Policy and Reform (including a few reporting on events that could generate some significant litigation): 

June 28, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (2)

Tuesday, June 23, 2015

Is the initiative process a wise way to move forward with criminal justice reform?

Those who know me well know that I have become, generally speaking, big fan of direct democracy and not really that much of a fan of representative democracy.   This affinity is driven in part  by the efficacy of direct democracy in driving forward the national marijuana reform movement, but it is driven more fundamentally by the reality that direct democracy gets the electorate talking about (and the media reporting on) substantive policies and public priorities.  In contrast, as we see now most every election cycle, representative democracy too often gets the electorate talking about (and the media reporting on) personal scandals and public personas.

Because I am a big fan of direct democracy, I was especially excited to see this recent Washington Post article headlined "ACLU growing political program, plans ballot initiatives."  Here are excerpts:

The American Civil Liberties Union, looking to increase its effectiveness, is launching a major political advocacy program. The group has raised or received commitments for $80 million to back up a 501(c)(4) and announced on Friday that veteran Democratic operative Karin Johanson has been hired as its first ever national political director.

Johanson, who was executive director of the Democratic Congressional Campaign Committee when the party took control of the House in 2006, will run the ACLU’s Washington, D.C. office and spearhead several ballot initiative campaigns in 2016, focused on criminal justice reform and banning discrimination against the LGBT community....

“It has become increasingly clear that we can’t rely upon litigation or old-style lobbying,” Romero said in an interview. “The gridlock in Washington is suffocating … Sitting down with legislators, walking through the pros and cons of a particular bill and trying to cajole them to do the right thing increasingly draws limited dividends. The place to light a fire under them is in their home district.”

The ACLU will soon pick three states with high incarceration rates and then sponsor ballot initiatives next year aiming to force sentencing reform.  Five states are being considered, but they’ll pick just three so that the group can go all-in and score some tangible victories.

Criminal justice is a hot issue right now, with backing from liberals, libertarians like the billionaire Koch brothers and fiscal conservatives. “This is not a reform effort focused on the Northeast liberal corridor,” said Romero.  “We’re going to the tough states, the Deep South.”

For various reasons, I am pleased to learn that the ACLU is looking to bring the arguments for criminal justice reform straight to the people through the initiative process. But I also know there are many people interested in criminal justice reform who have different views on the best means to reform ends, and I would be eager to hear in the comments any reasons why I should not be too excited about seeking criminal justice reform through direct democracy.

June 23, 2015 in Marijuana Legalization in the States, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (1)

Wednesday, June 17, 2015

As Gov Jindal talks up sentencing reform and medical marijuana in Iowa, should we wonder what "The Donald" has to say on these issues?

The question in the title of this post captures some notable news from the GOP campaign trail this week.  The seemingly more serious news is discussed in this article, headlined "Bobby Jindal talks medical marijuana, sentencing reform with The Des Moines Register."  Here are the details from that report:

Gov. Bobby Jindal doubled down on his commitment to sign two pieces of state legislation related to marijuana during a video interview with The Des Moines Register. "We are going to sign both bills. They've made it through the process. They are going to make to my desk in the next few days," Jindal told The Des Moines Register....

Jindal backs legislation to establish a framework for access to medical marijuana in Louisiana. Technically, medical marijuana has been legal in the state for years, but there's never been rules written to regulate growing, prescribing or dispensing it. The new law, should Jindal sign it, would set up those regulations. "Look, if it is truly tightly controlled and supervised by the physicians, I'm ok with that," Jindal said.

The governor also said he would approve a bill that reduces maximum sentences allowed for many types of marijuana offenders. As governor, Jindal said he has increased penalties for people who violent offenders -- sex crime perpetrators and others -- but is in favor of reducing penalties for people who commit nonviolent crimes. "At the federal level, I think there is a bipartisan effort to look at sentencing reform. I think that makes sense," Jindal said.

But, perhaps unsurprisingly, a decision by a high-profile individuals to throw his hat in the GOP presidential ring has garnered the most media attention this week. And this ABC News report highlights some reasons why Donald Trump's views on sentencing and marijuana reform may really be consequential in the coming months:

[T]here’s a slice of voters, not insignificant in the Republican primary race, who despise Washington and politicians more broadly. Every candidate likes to try to channel that, but none bring the bluster that Trump does.... Trump is a sideshow, but one whose act will spill on to the main stage, particularly if he earns a debate invitation or three....

From Facebook: “In the 24 hour period between 12:01 a.m. ET June 16 and 12:01 a.m. ET June 17, 3.4 million people on Facebook in the U.S. generated 6.4 million interactions (likes, posts, comments, shares) related to Donald Trump and his announcement. Note: over the last 90 days, conversation about The Donald has been generated by an average of about 39,000 unique people per day.”

June 17, 2015 in Drug Offense Sentencing, Elections and sentencing issues in political debates, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0)

Tuesday, June 16, 2015

Notable new data and other recent posts from Marijuana Law, Policy and Reform

I am pleased to see that the growing state, national and interenation marijuana reform movement is leading to much more research on marijuana use and law enforcement activities (in Colorado and elsewhere).  I have revently reported on some notable new research at Marijuana Law, Policy and Reform, and here are links to those posts (and a few other recent posts of note): 

June 16, 2015 in Data on sentencing, Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1)

Friday, June 12, 2015

"Marijuana & Ohio: Past, Present, Potential"

The title of this post is the title of the lengthy research report that was formally released (and extensively discussed) yesterday at the Ohio Marijuana Policy Reform Symposium which I help organize yesterday.  The report and related information about Marijuana Policies of Ohio Task Force that released the report can be found at this webpage.

The report is much longer and more data-heavy than anything else previously written about marijuana reform in Ohio, but this AP article discussing its findings also highlights why the report has also become the subject of criticism.  The AP piece is headlined "Economics of effort to legalize pot in Ohio in crosshairs," and here are excerpts:

A Republican prosecutor who is heading a task force on marijuana legalization in Ohio said the analysis of potential impacts released by his group Thursday presents a balanced look at the issue, a claim questioned by the state auditor.  Hamilton County Prosecutor Joe Deters was asked to chair the Marijuana Policies of Ohio Taskforce by ResponsibleOhio, the group advancing a legalization amendment toward the November ballot.

He said ResponsibleOhio has allowed experts on his task force the editorial freedom to put together a “straightforward assessment” of how legalization might affect law enforcement, public safety, public health and Ohio’s overall economy.  “Our report doesn’t make recommendations, and it doesn’t pull any punches,” Deters said.  “We’ve made a concerted effort to remain objective, take an even-handed approach and lay out both the good and the bad of legalization.”

The report estimates legalization would create 34,791 jobs in Ohio representing $1.6 billion in labor income in connection with nearly $7 billion in output from the cultivation, extraction, processing and sale of marijuana.  The report said research shows legalization doesn’t lead to drastic increases in crime, in adult or teen marijuana use, or in workplace injuries -- a finding Auditor Dave Yost called rosy at best.

“There are unquestionably going to be health and safety impacts,” Yost, an opponent of legalizing marijuana, said.  “This task force was stacked like a BLT. Really, in 30 days? This debate has been going on for 50 years and they did a comprehensive study in 30 days?”

The report came the same day a committee of the Ohio Constitutional Modernization Commission was reviewing draft language that would amend Ohio’s constitution to ban changes to the constitution that create monopolies or further the economic interests of select individuals. It comes partly in reaction to a piece of ResponsibleOhio’s proposal that would establish 10 grow sites, some of which investors have already purchased.

Because I spent all of yesterday at the Ohio Marijuana Policy Reform Symposium talking about this Taskforce report, I am not going to add extra commentary here yet (though lots will follow before too long at Marijuana Law, Policy and Reform).  But I am hopeful that the report can help advance public information and understanding as the debate over marijuana reform heats up in Ohio and nationwide in the months ahead.  Indeed, a letter from the Chair of the Taskforce, Hamilton County Prosecutor Joe Deters, stresses this point at the front of the document:

The question of changing Ohio’s approach to marijuana policy may soon be put before voters -- most likely on the November 2015 ballot.  The rapid pace of change in marijuana policy across the country, however, has made it difficult to keep up with the experiences, research, and practices occurring in different states. Political arguments from all sides of this debate have made it even more challenging to separate fact from opinion....

Ohio cannot afford to make decisions about marijuana policy and law based on unsubstantiated and often unsupported talk on both sides of the issue. Ohioans need and deserve an honest and in-depth assessment of the positive and negative impacts that ending marijuana prohibition may have, so they can make up their own minds....

I look forward to continuing this important discussion throughout Ohio in the coming weeks and months.

June 12, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0)

Thursday, June 11, 2015

Sooooo excited for Ohio Marijuana Policy Reform Symposium

As I mentioned in this post, not only has my own Ohio lately become a hot state for dynamic conversations about marijuana reform, I have had the honor and privilege of helping bring together an interesting groups of speakers for today's Ohio Marijuana Policy Reform Symposium taking place at The Ohio State University Moritz College of Law.  (Because there is no charge for attending, I encourage anyone interested to make it over to the College of Law ASAP as the panels start at 10:30am.)

I have the honor and privilege of giving brief opening remarks for the event, and I plan to start my remarks this way:

Marijuana reform is a very serious issue.  But, until recently, it has been hard to get serious people to take this issue very seriously.  Disconcertingly, it seems elected officials are especially eager to ignore (or even make jokes) about the very serious issue of marijuana reform even as more and more citizens and voters, young and old, healthy and sick, keep saying in polls and keep showing on election day that they are troubled by blanket criminal prohibition and are eager to have significant legal reforms seriously considered.

For those who share my interest and excitement for these issues but unable to get to Ohio State, you can spend some time checking out these notable recent postsfrom Marijuana Law, Policy and Reform:

June 11, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1)

Monday, June 08, 2015

Can any significant federal prison sentence truly be "reasonable" for any of the Kettle Falls Five marijuana defendants?

Download (2)The question in the title of this post is a serious question I have in light of the remarkable federal marijuana prosecution that reaches sentencing in Washington state later this week.  The case involves the so-called "Kettle Falls Five," a group of medical marijuana patients subject (somewhat mysteriously) to aggressive federal criminal prosecution.  Regular readers may recall prior posts about the case; this new lengthy Jacob Sullum Forbes piece, headlined "In A State Where Marijuana Is Legal, Three Patients Await Sentencing For Growing Their Own Medicine," provides this review and update:

During their trial at the federal courthouse in Spokane last March, Rhonda Firestack-Harvey and her two fellow defendants—her son, Rolland Gregg, and his wife, Michelle Gregg—were not allowed to explain why they were openly growing marijuana on a plot in rural northeastern Washington marked by a big green cross that was visible from the air. According to a pretrial ruling, it was irrelevant that they were using marijuana for medical purposes, as permitted by state law, since federal law recognizes no legitimate use for the plant. But now that Firestack-Harvey and the Greggs have been convicted, they are free to talk about their motivation, and it might even make a difference when they are sentenced next Thursday.

Federal drug agents raided the marijuana garden, which was located outside Firestack-Harvey’s home near Kettle Falls, in 2012. In addition to the three defendants who are scheduled to be sentenced next week, the U.S. Attorney’s Office for the Eastern District of Washington charged Firestack-Harvey’s husband, Larry Harvey, and a family friend, Jason Zucker. Dubbed the Kettle Falls Five, all had doctor’s letters recommending marijuana for treatment of various conditions, including gout, anorexia, rheumatoid arthritis, degenerative disc disease, and chronic pain from a broken back. Last February prosecutors dropped the charges against Harvey because he has terminal cancer. Zucker, who had a prior marijuana conviction, pleaded guilty just before the trial and agreed to testify against the other defendants in exchange for a 16-month sentence, which was much shorter than the 15-year term he could have received in light of his criminal history....

In the end, after hearing testimony for five days and deliberating for one, the jurors acquitted the defendants of almost all the charges against them, which could have sent them to prison for 10 years or more. “They all saw what was going on,” Telfeyan says. “They understood what the facts were, and they came back with a verdict exactly consistent with what actually happened, which was just a family growing medical marijuana for their own personal use.”

The jury rejected allegations that the defendants distributed marijuana and conspired to do so, that they grew more than 100 plants (the cutoff for a five-year mandatory minimum) over the course of two years, that they used firearms (the Harveys’ hunting guns) in connection with a drug crime (another five-year mandatory minimum), and that Firestack-Harvey maintained a place (i.e., the home she shared with her husband) for the purpose of manufacturing and distributing marijuana. The one remaining charge — cultivation of more than 50 but fewer than 100 plants — does not carry a mandatory minimum penalty, which gives Rice broad discretion when he sentences Firestack-Harvey and the Greggs next Thursday. He can even consider the reason they were growing marijuana.

“But for state-sanctioned medical prescriptions authorizing each member of the family to grow 15 marijuana plants, this family would not be before the Court today,” the defense says in a sentencing memo filed last week [available here]. “Due to the exemplary contributions each family member has made to this society, their lack of criminal records, and the unique role state-sanctioned medical authorizations played in this case, Defendants respectfully seek a probationary sentence with no incarceration.”

The federal probation office recommended sentences of 15 to 21 months, while the prosecution is seeking 41 to 51 months [gov sentencing memo here], based mainly on allegations that were rejected by the jury, including cultivation in 2011 as well as 2012.  To give you a sense of how realistic the government’s assumptions are, it estimates that each plant grown in 2011 produced more than a kilogram of marijuana. As the defense notes, that figure “flies in the face of both empirical reality and legal precedent,” since “numerous courts have recognized that a marijuana plant cannot yield anywhere near 1 kilogram of usable marijuana.” At one point in its sentencing memo, the prosecution even claims the defendants somehow managed to produce “1000 kilograms per plant.” I assume that’s a typo, but who knows? The government also thinks the 2012 harvest should be measured by the weight of the plants, including leaves, stems, water, and clinging dirt.

The prosecution’s insistence that Firestack-Harvey and the Greggs deserve to spend at least three and a half years in prison is puzzling, as is its willingness to posit super-productive, science fictional marijuana plants in service of that goal. But this case has been a puzzle from the beginning.

I assume that this federal prosecution started because federal authorities thought the defendants here were doing a whole lot more than what the feds were able to prove in court.  For that reason, I can sort of understand why the feds started this prosecution way back in early 2012.  But now, three years later, with the defendants acquitted on most charges (and now with lots of persons selling lots of recreational marijuana within the state), I have a very hard time understanding just how the feds can think a lengthy prison sentence is "not greater than necessary" for these defendants in light of the nature and circumstances of the offense and the history and characteristics of these defendants.

I have in the excerpt above links to the parties' sentencing briefs, and I sincerely seek input on the question in the title of this post in light of some of the arguments made thereing.  Notably, the government's sentencing memo is only focused on dickering over the applicable guideline range; it does not appear to make any formal arguments for a signficant prison sentence in light of all the 3553(a) sentencing factos that judges now must consider after Booker.  So I suppose it is still possible that even the government will, come the actual sentencing later this week, acknowledge that this remarkable case does not justify any significant federal prison sentence for any of the defendants with no criminal history.  But if the government seeks a prison term, and if the judge imposes a prison term, I would be ready and eager to argue on appeal for these defendants that such a punishment cannot possibly be reasonable in light of all the sentencing commands Congress put into 3553(a).

Prior related posts:

June 8, 2015 in Drug Offense Sentencing, Federal Sentencing Guidelines, Marijuana Legalization in the States, Pot Prohibition Issues, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (2)

Saturday, June 06, 2015

How has, can, should and will marijuana reform impact the work of defense attorneys?

The question in the title of this post is the central topic of a presentation I am honored to be giving today at the Cuyahoga Criminal Defense Lawyers Association's annual meeting.  

As is often true when I speak to a group of experienced defense attorneys, I expect I will learn more from the assembled participants than I am likely to teach them.  But, in part because Ohio has not (yet) reformed its marijuana laws in any way, I am cautiously hopeful I can give the group some useful insights about the inevitability of legal and practical uncertainties, especially in the criminal law arena, as to what really happens in a state after it formally repeals blanket marijuana prohibition in some way.

Based on case rulings, policy reports and conversations with lawyers in the field in states like Colorado, I have a general sense of various possible answers to the multi-dimensional query in the title of this post.  But I would be especially eager to hear from any and all persons in reform states if they have distinctive experiences or thoughts in reaction to my question.

Cross-posted at Marijuana Law, Policy and Reform

June 6, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0)

Friday, June 05, 2015

Q: What do the Hamilton County Prosecuting Attorney and the Vicente Sederberg Professor of Marijuana Law and Policy have in common?

A: They are both featured speakers at the Ohio Marijuana Policy Reform Symposium taking place June 11, 2015 at The Ohio State University.

As I have noted before, my own Ohio has lately become a hot state for dynamic conversations about marijuana reform.  And I have had the honor and privilege of helping bring together an interesting groups of speakers for what should be an informative and interest event next week at my own Moritz College of Law. This registration page provides more information about some of the speakers and provides a brief preview:

The Marijuana Policies of Ohio Taskforce, chaired by Hamilton County Prosecutor Joe Deters, will present the findings of its comprehensive research at a symposium on June 11 hosted at The Ohio State University Moritz College of Law. The Taskforce’s research report assesses and analyzes proposed marijuana legalization initiatives in four key areas - public safety and law enforcement, the economy, public health, and regulatory impact. The symposium will also include a panel discussion with national recognized experts in marijuana policy and law.

A press briefing will precede the event. For more information, please contact Kathy Berta at kathy @ 

As of this writing, there is no charge for attending this event, but space in the auditorium can get limited so I highly encourage everyone interested in attending to pre-register via this webpage ASAP.

June 5, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (1)

Thursday, June 04, 2015

Rounding up recent posts of note from Marijuana Law, Policy and Reform

I am likely to be off-line from much of the rest of today because of the official start of an unofficial holiday weekend in my neighborhood.  So while I am spending some time watching the world's best players on well-manicured grass, readers interested in reform developments surrounding another type of grass might want to check out some recent posts of note from Marijuana Law, Policy and Reform. Here is an abridged listing of MLP&R posts that might be of special interest to sentencing fans: 

I have highlighted the last two items on this list because I continue to believe Ohio is going to be an especially exciting state to watch closely in the next few months. And I think the "Ohio Marijuana Policy Reform Symposium" taking place at The Ohio State Moritz College of Law a week from today is likely to advance in a thoughtful way the dynamic conversations about marijuana reform now taking place in the Buckeye State.

June 4, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (0)

Tuesday, May 19, 2015

Some recent posts of note from Marijuana Law, Policy and Reform

I have not recently done in this space a round-up of posts of note from Marijuana Law, Policy and Reform in a few weeks. Here is an abridged listing of MLP&R posts that might be of special interest to sentencing fans: 

May 19, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Preparing for pot professing, Who Sentences? | Permalink | Comments (0) | TrackBack

Monday, May 11, 2015

Notable Ohio county prosecutor calls pot prohibition a "disastrous waste of public funds"

Images (9)As reported in this Cincinnati Enquirer article, headlined "Prosecutor Deters OK with legalizing pot," a high-profile prosecutor in Ohio is now publicly getting involved with efforts to reform the state's marijuana laws. Here are the details:

The campaign to legalize marijuana in Ohio found an unlikely friend Monday in Hamilton County Prosecutor Joe Deters.

Deters, a life-long Republican and law-and-order prosecutor, said he agreed to lead a task force on the potential impact of legalization in part because he's been unhappy for years with the state's marijuana laws. He said they waste taxpayer dollars and target people who typically are not much of a threat to society.

"I think they're outdated and ludicrous," Deters said of marijuana laws. "I don't use marijuana, but I know people who do use marijuana, and I'd rather deal with someone who smoked a joint than someone who drank a bottle of vodka any day of the week."

When asked if he favors legalization, Deters told The Enquirer: "I don't have any problem with it at all."

ResponsibleOhio, the group of wealthy investors campaigning for legalization, asked Deters to lead the task force. Deters said he's not being paid for his work on the task force and agreed to do it because he's interested in the issue and the potential impact on law enforcement.

He said finding an affordable and efficient way to test drivers who are suspected of being impaired by marijuana use is one of his concerns. "There is a public safety element to this," Deters said. His goal is to produce a report on the impact of legalization within a few months....

Deters said he doesn't buy the argument that prisons are filled with low-level drug offenders, but he does think the time and money devoted to marijuana enforcement could be better spent elsewhere. "It's been a disastrous waste of public funds," Deters said....

Deters said he's not taking a position on ResponsibleOhio's proposed business model, but he said it makes sense for the state to regulate and tax marijuana. "You can walk outside your building and buy marijuana in 10 minutes," Deters said. "The question is, do we want schools and local governments getting the money or the bad guys?"

He said it's also wise for the state to prepare for legalization, whether or not ResponsibleOhio succeeds, because voters seem more willing to support it and other states are adopting similar measures. "The days of 'reefer madness' are gone, because that's not the reality," Deters said, referring to the 1950s-era movies that vilified marijuana and those who used it.

He said he's reaching out now to academics, elected officials and law enforcement to participate in the task force.

I have long known and respected the work of Joe Deters, even though we have sometimes disagreed on various professional matters through our work on the Ohio Death Penalty Task Force and in other settings.  I had heard from various folks involved with the ResponsibleOhio campaign that they were seeking to have a prominent, knowledgeable person running a task force to examine these important marijuana reform topics, and I am especially pleased to see that Joe Deters is now officially and publicly at the helm.

Cross-posted at Marijuana Law, Policy and Reform

May 11, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack

Friday, May 08, 2015

"We clearly need criminal-justice reform" says GOP Prez candidate Carly Fiorina

This Des Moines Register article (and video) details some notable new comments on criminal justice reform and drug policy from a notable new GOP Prez candidate.  Here are excerpts: 

The nation should stop overreacting to illegal drug use and stop doling out jail sentences that are way too long, Republican presidential candidate Carly Fiorina said in Iowa on Thursday.

"We know that we don't spend enough money on the treatment of drug use," said Fiorina, former chief executive of Hewlett-Packard. "When you criminalize drug abuse, you're actually not treating it. We had a daughter who died of addictions, so this lands very close to home for me." Fiorina's daughter Lori, a drug and alcohol addict, died in 2009.

The "three strikes and you're out" law doesn't work well, and all the drug laws affect African-Americans more than others, Fiorina told The Des Moines Register's editorial board during an hourlong meeting.

"I don't think that overreacting to illegal drug use is the answer," said Fiorina, who officially entered the 2016 race on Monday and is the only woman in the GOP field. She has never held elected office, but ran unsuccessfully for U.S. senator in California.

Asked whether she favors decriminalizing marijuana, Fiorina answered: "No, I do not think we should legalize marijuana."...

Asked whether, as president, she'd direct the U.S. attorney general to enforce federal drug laws in states such as Colorado, Alaska, Washington and Oregon, Fiorina said she wouldn't. "I believe in states' rights," she said. "They're within their rights to legalize marijuana, and they're conducting an experiment I hope the rest of the nation is looking closely at."

May 8, 2015 in Campaign 2016 and sentencing issues, Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (5) | TrackBack

Wednesday, May 06, 2015

How many federal prison years are being served by defendants who (plausibly?) claimed compliance with state medical marijuana regimes?

The question in the title of this post is prompted by this new article from Michigan headlined "West Michigan man sent to prison for purported medical marijuana grow operation."  Here are the basics of this story with some follow-up data/questions:

One of the two leaders of a medical marijuana grow operation has been sentenced to 14 years in federal prison.  Phillip Joseph Walsh, 54, was sentenced Monday by U.S. District Judge Paul Maloney in Kalamazoo.  Betty Jenkins, described as his "life partner" in court records, will be sentenced June 29.

The Kent County residents were convicted at trial of running a marijuana grow operation that prosecutors say brought in $1.3 million.  The two, along with eight others, including a doctor who authorized patients for use of medical marijuana, were arrested last year for growing marijuana in multiple places in West Michigan.

The government contended that much of the marijuana grown was sold outside of Michigan. Jenkins was considered the leader of the organization.  The defendants argued they acted within the guidelines of Michigan's medical marijuana law but were not allowed to use the law as a defense to the federal charges.

Kent County Area Narcotics Team and U.S. Drug Enforcement Administration used multiple search warrants to raid numerous properties, including apartment buildings in Gaines Township. Police seized 467 marijuana plants and 18 pounds of processed marijuana.

Defense attorney Joshua Covert said his client, a father of four daughters, was "very nervous" after reviewing advisory sentencing guidelines that called for 151 to 188 months in prison.  He said that Walsh has been a good, caring father and a hard worker and has led a productive life.  "Mr. Walsh and his life partner, Ms. Jenkins, lived a comfortable but certainly not lavish or extravagant life that was financed by rental income from property Ms. Jenkins obtained through her divorce," the attorney wrote in a sentencing memorandum.

"The endeavor of manufacturing marijuana was not particularly successful for Mr. Walsh from a financial standpoint because it proved to be difficult and expensive to manufacture marijuana," he wrote....  He said his client "is not seeking sympathy or pity" but asked for leniency "given the relaxed attitude toward marijuana nationwide and specifically Michigan in regards to marijuana."

Assistant U.S. Attorney Mark Courtade said Walsh and Jenkins began manufacturing marijuana on Forest Hill Avenue SE in 2010.  Walsh hired a man to help with the grow operation before both were convicted for their roles.  The other man quit, "but Walsh and Jenkins carried on, unfazed," Courtade said.

"Defendant Walsh developed the 'marketing scheme' that ensnared many of the codefendants in this case," the prosecutor wrote....  He said that Walsh tried to insulate himself by staying he was only "'building grow rooms' ... his real motivation was far more nefarious."

He said Walsh grew marijuana for profit, with some sold in Ohio, some in Rhode Island. Courtade also said that Walsh could not document wages he earned — he reported remodeling and roofing homes — but he managed to hired his own attorneys, pay for a co-defendant's expert witnesses and build numerous manufacturing operations. He recommended a sentence within guidelines.

This story of a lengthy federal prison sentence for major marijuana dealing in a medical marijuana state itself highlights the challenges of coming up with a satisfactory answer to the question in the title of this post.  The defendants here were apparently quick to claim that they were acting in accord with Michigan state medical marijuana laws, but the facts reported suggest little basis for this defense claim of state-law compliance.

That said, I know there are at least a handful (and perhaps more than a handful) of the roughly 5000 federal prosecutions for marijuana trafficking sentenced in federal courts each year involving defendants who truly have a plausible claim to being in compliance with state medical marijuana laws.  A low "guestimate" that an average of 10 federal marijuana defendants in each of the last 10 years have been been sentenced to an average of 10 years in federal prison for medical marijuana activities would, in turn, suggest that 1000 years in federal prison are being served by defendants who plausibly claimed compliance with state medical marijuana regimes.  

That is a lot of federal prison time (which would be costing federal taxpayers roughly $30 million because each prison year costs roughly $30,000).  And I have an inkling the number could be higher.

May 6, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (1) | TrackBack

Monday, May 04, 2015

SCOTUS asks for views from US Solicitor General on original lawsuit between states over marijuana reform

Via this order list, the US Supreme Court called for the views of the Solicitor General in the original case of Nebraska and Oklahoma v. Colorado.  That is the case, as readers may recall from posts here and here back in December, in which two states filed suit directly in the Supreme Court seeking "a declaratory judgment stating that Sections 16(4) and (5) of Article XVIII of the Colorado Constitution [legalizing and regulating marijuana sales] are preempted by federal law, and therefore unconstitutional and unenforceable under the Supremacy Clause, Article VI of the U.S. Constitution."

I am not sure what the usual timelines tend to be for submission of CVSG briefs during this time of year, but I would think this request from the Justices will just now further slow the resolution of a suit that was filled five months ago and will remain in limbo now until the Solicitor General weighs in.

Prior related posts:

Cross-posted at Marijuana Law, Policy and Reform

May 4, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (0) | TrackBack

Saturday, May 02, 2015

Considering clemency for federal marijuana offenders and other posts of note at Marijuana Law, Policy and Reform

This new post about a new commentary headlined "Do marijuana prisoners deserve amnesty?" reminded me that I have not recently done in this space a round-up of posts of note from Marijuana Law, Policy and Reform.  Here is an abridged list of April MLP&R posts that might be of special interest to sentencing fans:

May 2, 2015 in Clemency and Pardons, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0) | TrackBack

Wednesday, April 22, 2015

Is resignation of current DEA head a very big moment for federal marijuana policy?

The question in the title of this post is prompted by a number of stories I have seen in the wake of yesterday's news that Michele Leonhart is resigning as Administrator of the Drug Enforcement Administration.  Here are links to some of these stories:

The last story linked here highlights what will really determine the answer to the question in the title of this post: if President Obama nominates somebody for this position who expresses openness to federal marijuana reforms and a serious commitment to a more public-health oriented approach to all drug enforcement issues (e.g., Dr. Sanjay Gupta?), the transition at the top of DEA could end up being a very big deal.

Cross-posted at Marijuana Law, Policy & Reform

April 22, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0) | TrackBack

Thursday, April 16, 2015

Distinct comments on marijuana policy from Prez Obama and one wanna-be successor

Two notable new stories about notable new marijuana comments made by notable chief executives caught my eye this morning.  Here are the headlines, links and the basics:

In a CNN special to be aired on Sunday, not only will President Barack Obama state his full support of medical marijuana, he’ll also advocate for alternative models of drug abuse treatment which don’t involve incarceration.  The television special, called “Weed 3,” features CNN’s chief medical correspondent Sanjay Gupta, a neurosurgeon who came to support medical marijuana after reviewing the evidence. This time around, he’ll be delving into the politics of medical marijuana research and interviewing President Barack Obama, according to an email obtained by The Daily Caller News Foundation.

Even within the GOP, which remains skeptical of liberalization on drugs, a majority thinks the feds should defer to the states. You can indeed be anti-marijuana and pro-federalism. Screw that, says Christie.  When it comes to deciding whether marijuana’s too dangerous for the citizens of a state to sell, he’ll happily trump your state legislature and local PD. And to think, they call him a big-government Republican.

It is both notable and telling, of course, that a President often accused of trampling state and individual rights is here saying he respects on-going state reforms, while a state Governor representing from a party that claims it favors a smaller federal Government is asserting he wants to make sure states do not even try to forge a different part with respect to the war on drugs. And this is why I find marijuana law, policy and reform so politically interesting: it help reveal, in a way few other issues do, just which particular policies and which particular principles are ultimately most important to which particular politicians.

Cross-posted at Marijuana Law, Policy & Reform

April 16, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (4) | TrackBack

Thursday, April 09, 2015

Effective coverage of legal land mine created by DOJ spending restriction in medical marijuana cases

As previously noted in posts here and elsewhere, a provision buried in H.R. 83, the 1700-page Cromnibus spending bill passed late last year, directed the US Department of Justice not to use any funds to interfere with state-legalized medical marijuana regimes.  Today, the New York Times has this extended and informative discussion of this federal congressional directive and its uncertain meaning and impact four months after its enactment.  The article is headlined "Legal Conflicts on Medical Marijuana Ensnare Hundreds as Courts Debate a New Provision," and here are excerpts:

In December, in a little­-publicized amendment to the 2015 appropriations bill that one legal scholar called a “buried land mine,” Congress barred the Justice Department from spending any money to prevent states from “implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

In the most advanced test of the law yet, [medical marijuana defendant Charles] Lynch’s lawyers have asked the Ninth Circuit Court of Appeals to “direct the D.O.J. to cease spending funds on the case.”  In a filing last month, they argued that by continuing to work on his prosecution, federal prosecutors “would be committing criminal acts.”

But the Justice Department asserts that the amendment does not undercut its power to enforce federal drug law. It says that the amendment only bars federal agencies from interfering with state efforts to carry out medical marijuana laws, and that it does not preclude criminal prosecutions for violations of the Controlled Substances Act.

With the new challenge raised in several cases, federal judges will have to weigh in soon, opening a new arena in a legal field already rife with contradiction....

The California sponsors of the December amendment, including Representatives Sam Farr and Barbara Lee, both Democrats, and Representative Dana Rohrabacher, a Republican, say it was clearly intended to curb individual prosecutions and have accused the Justice Department of violating its spirit and substance.  “If federal prosecutors are engaged in legal action against those involved with medical marijuana in a state that has made it legal, then they are the ones who are the lawbreakers,” Mr. Rohrabacher said.

Mr. Farr said, “For the feds to come in and take this hard­line approach in a state with years of experience in regulating medical marijuana is disruptive and disrespectful.”  The sponsors said they were planning how to renew the spending prohibition next year.

Some prior related posts:

April 9, 2015 in Marijuana Legalization in the States, Offense Characteristics, Pot Prohibition Issues, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack

Sunday, April 05, 2015

March marijuana reform madness covered at Marijuana Law, Policy and Reform

March has been a crazy-busy month for not only basketball, and my own busy schedule has prevented me from keeping up with many March marijuana reform developments here or at Marijuana Law, Policy and Reform. But a brief respite provided by a holiday weekend enables me to highlights some notable posts from ML&P which at least details some of the March marijuana reform madness:

April 5, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (2) | TrackBack

Thursday, March 26, 2015

New report documents huge drop in Colorado marijuana arrests since legalization

Download (7)While the impact, both good or bad, of marijuana law reform is now widely discussed and debated, there is still relatively little hard reliable data about the public health and economic consequences of these reforms.  But this new report  from the Drug Policy Alliance, headlined "Marijuana Arrests in Colorado After the Passage of Amendment 64," highlights that legalization in one state has had a profound impact on arrest data.  This DPA press release provides an overview and summary of the report, and here are excerpts:  

The report compiles and analyzes data from the county judicial districts, as well as various law enforcement agencies via the National Incident Based Reporting System (NIBRS). The report’s key findings include:

  • Since 2010, marijuana possession charges are down by more than 90%, marijuana cultivation charges are down by 96%, and marijuana distribution charges are down by 99%.
  • The number of marijuana possession charges in Colorado courts has decreased by more than 25,000 since 2010 – from 30,428 in 2010 to just 1,922 in 2014.
  • According to raw data from the NIBRS, drug-related incidents are down 23% since 2010, based on a 53% drop in marijuana-related incidents....
  • Marijuana distribution charges for young men of color did not increase, to the relief of racial justice advocates wary of a ‘net-widening’ effect following legalization. The black rate for distribution incidents dropped from 87 per 100,000 in 2012 to 25 per 100,000 in 2014.
  • Racial disparities for still-illegal and mostly petty charges persist for black people when compared to white people, primarily due to the specific increase of charges for public use combined with the disproportionate rates of police contact in communities of color. The marijuana arrest rate for black people in 2014 was 2.4 times higher than the arrest rates for white people, just as it was in 2010.
  • The report also reveals a decline in synthetic marijuana arrests, presumably because people are less likely to use synthetic marijuana when marijuana itself is no longer criminalized.

“It’s heartening to see that tens of thousands of otherwise law-abiding Coloradans have been spared the travesty of getting handcuffed or being charged for small amounts of marijuana,” said Art Way, Colorado State Director for the Drug Policy Alliance. “By focusing on public health rather than criminalization, Colorado is better positioned to address the potential harms of marijuana use, while diminishing many of the worst aspects of the war on drugs.”

“The overall decrease in arrests, charges and cases is enormously beneficial to communities of color who bore the brunt of marijuana prohibition prior to the passage of Amendment 64,” said Rosemary Harris Lytle, Regional Chair of the NAACP. “However, we are concerned with the rise in disparity for the charge of public consumption and challenge law enforcement to ensure this reality is not discriminatory in any manner.”

“What is often overlooked concerning marijuana legalization is that it is first and foremost a criminal justice reform,” said Denise Maes, Public Policy Director for the ACLU of Colorado. “This report reminds us of how law enforcement and our judiciary are now able to better allocate time and energy for more pressing concerns.”

Some prior related posts:

March 26, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Procedure and Proof at Sentencing, Race, Class, and Gender | Permalink | Comments (0) | TrackBack

Thursday, March 12, 2015

"Will Patrick Kennedy and SAM come out in support of the CARERS Act?" and other highlights from MLP&R

The question title of this post is the question I ask in this lengthy new post from Marijuana Law, Policy & Reform.  I have a lot of respect for the leading group opposing significant marijuana reform, Smart Approaches to Marijuana (which Patrick Kennedy helped start) because SAM proclaims repeatedly a commitment to charting a "middle road between incarceration and legalization [to provide a] commonsense, third-way approach to marijuana policy is based on reputable science and sound principles of public health and safety" (emphasis added).  In addition, the SAM group advocates for "rapid expansion of research into the components of the marijuana plant for delivery via non-smoked forms" and a special FDA reform that "allows seriously ill patients to obtain non-smoked components of marijuana."  My post at MLP&R explains why I think the stated commitments of Patrick Kennedy and SAM should result in them supporting expressly and vocally the a bipartisan federal medical marijuana reform bill introduced this week by Senators Rand Paul, Cory Booker and Kirsten Gillibrand known as the CARERS Act.

As detailed below, in addition to providing lot of CARERS coverage, there are lots of other recent posts of note at MLP&R that sentencing fans may want to check out:

March 12, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (0) | TrackBack

Tuesday, March 10, 2015

Fascinating press conference introducing federal medical marijuana reform bill, the CARERS Act

I am watching the press conference (streamed here) with presentations by Senators Rand Paul, Cory Booker and Kirsten Gillibrand introducing their new federal medical marijuana reform bill, the CARERS Act.  Fascinating stuff.

Senator Booker started by noting veterans' interest in using medical marijuana, Senator Paul spoke of the need for more research and banking problems for state-legal marijuana business, and Senator Gillibrand was the closer by stressing the need for families to have access to high-CBC medicines for children suffering from seizure disorders.

Adding to the power of the press conference is a set of testimonials from a mom eager to have CBC treatments for her daughter (who had a small seizure during the press conference!), and an older woman with MS eager to have access to marijuana to help her sleep.  Senator Paul followed up by introducing a father of one of his staffers with MS, who testified from a wheelchair.   Senator Booker then introduced a 35-year-old veteran who complained about been deemed a criminal for his medical marijuana use by a country he fought for over six years.   Notably, after all the white users/patients advocated for reform, Senator Booker introduced an African-American business owner talking about the problems with having to run a medical marijuana business without access to banking services.

This Drug Policy Alliance press release summarizes what is in the CARERS Act: 

The Compassionate Access, Research Expansion and Respect States - CARERS - Act is the first-ever bill in the U.S. Senate to legalize marijuana for medical use and the most comprehensive medical marijuana bill ever introduced in Congress. The CARERS Act will do the following:

  • Allow states to legalize marijuana for medical use without federal interference

  • Permit interstate commerce in cannabidiol (CBD) oils

  • Reschedule marijuana to schedule II

  • Allow banks to provide checking accounts and other financial services to marijuana dispensaries

  • Allow Veterans Administration physicians to recommend medical marijuana to veterans

  • Eliminate barriers to medical marijuana research.

March 10, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (2) | TrackBack

Monday, March 09, 2015

Bipartisan federal medical marijuana bill to be introduced Tuesday

As reported in this new Washington Post entry, headlined "In a first, senators plan to introduce federal medical marijuana bill," a trio of notable Senators have interesting plans for mid-day Tuesday:

In what advocates describe as an historic first, a trio of senators plan to unveil a federal medical marijuana bill Tuesday. The bill, to be introduced by Senators Rand Paul (R-Ky.), Cory Booker (D-N.J.), and Kirsten Gillibrand (D-N.Y.), would end the federal ban on medical marijuana.

The Compassionate Access, Research Expansion and Respect States (CARERS) Act would “allow patients, doctors and businesses in states that have already passed medical marijuana laws to participate in those programs without fear of federal prosecution,” according to a joint statement from the senators’ offices. The bill will also “make overdue reforms to ensure patients – including veterans receiving care from VA facilities in states with medical marijuana programs – access the care they need.” The proposal will be unveiled at a 12:30 p.m. press conference on Tuesday, which will be streamed live here. Patients, their families and advocates will join the senators at the press conference.

The announcement was met with praise by advocates. “This is a significant step forward when it comes to reforming marijuana laws at the federal level,” Dan Riffle, director of federal policies for the Marijuana Policy Project, said in a statement. “It’s long past time to end the federal ban,” said Michael Collins, policy manager for the Drug Policy Alliance, said in a statement. Both describe the introduction of the bill as a first for the Senate....

In December, Congress for the first time in roughly a decade of trying approved an amendment that bars the Justice Department from using its funds to prevent states from implementing their medical marijuana laws — a significant victory for proponents of the practice.

Potential Republican presidential candidates Rand, Sen. Ted Cruz (R-Texas) and former Florida Gov. Jeb Bush (R) have all said they support states’ rights to legalize pot, though they themselves disagree with the policy.

Cross-posted at Marijuana Law, Policy and Reform

March 9, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (2) | TrackBack

Wednesday, March 04, 2015

Three of "Kettle Falls Five" convicted on least serious federal marijuana charges in Washington

This AP story reports on the notable mixed verdict in a high-profile federal prosecution of a group of defendants in Washington state who claimed they were growing marijuana only for medical purposes.  Here are the details:

Three people were found guilty Tuesday of growing marijuana, but they also were exonerated of more serious charges in a widely-watched federal drug case in a state where medical and recreational marijuana is legal.

The three remaining defendants of the so-called Kettle Falls Five were all found guilty of growing marijuana. But a jury found them not guilty of distributing marijuana, conspiracy to distribute and firearms charges that carried long prison sentences.

U.S. District Court Judge Thomas Rice set sentencing for June 10.

The defendants were Rhonda Firestack-Harvey, her son Rolland Gregg and his wife, Michelle Gregg. Firestack-Harvey wiped away tears as she declared victory in the case. "The truth comes out," she said, noting that the defendants were growing marijuana for medical purposes and had cards permitting that use. "We would have loved to be exonerated of all charges."

However, there was no doubt that federal drug agents found marijuana plants growing on their property near Kettle Falls, she said.

Federal prosecutors did not speak with reporters after the verdict, which followed a full day of deliberations by the jury. Prosecutors asked that the three be taken into custody until sentencing, but Rice declined.

"It's a victory, but it's bittersweet," said Jeff Niesen, an attorney for Firestack-Harvey. "They've been convicted of a federal crime." But while the tougher charges carried sentences of a decade in prison, growing marijuana should bring a much lower sentence, Niesen said.

On Monday, attorneys for the defendants asked jurors to throw out what he described as an overzealous and overreaching case. Attorney Phil Tefleyan criticized the government's prosecution of the three, who contend they were growing medical marijuana for personal use in a case that has drawn wide attention over the government's willingness to prosecute marijuana growers. "They roped in this innocent family," Tefleyan told jurors.

Assistant U.S. Attorney Earl Hicks told jurors Monday that Washington state's stance on marijuana doesn't matter. He says the question for the jury is, "Is it legal under federal law?"

The defendants contend they didn't distribute the marijuana. But they were barred from telling jurors their claim that they grew the marijuana only for personal medical use. That issue can be raised during sentencing. Tefleyan said the government could not point to a single sale of the drug by the family. He said the evidence seized by drug enforcement agents during a raid in August 2012 — 4 pounds of marijuana and about $700 in cash — didn't support the conclusion the family was dealing.

The government has argued the family grew the plants in violation of federal law. "I don't believe there's any question in this case that we're talking about the manufacture of marijuana," Hicks told the jury.

Tefleyan placed blame for those plants on Jason Zucker, a former defendant who cut a plea deal last week, just before the trial started. Zucker, 39, testified Friday that he fronted $10,000 in costs to get the operation up and running. Zucker's plea deal called for a 16-month sentence....

Larry Harvey, 71, was recently dismissed from the case after being diagnosed with terminal pancreatic cancer in December.

I believe that these defendants' acquittal on gun charges means that that they are not subject to any mandatory minimum sentencing terms, and the judge's decision to allow them to be free awaiting sentencing suggests to me that they will likely not receive significant (or perhaps any) prison time for these offenses. In addition, these defendants might have various grounds for appealing to the Ninth Circuit (although they many not want to bother if they get relatively lenient sentencing terms).

Prior related posts:

Cross-posted at Marijuana Law, Policy and Reform

March 4, 2015 in Drug Offense Sentencing, Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (1) | TrackBack

Friday, February 27, 2015

So many modern marijuana reform stories, so little time (but lots of space at MLP&R)

As briefly noted in a prior post, today I have been attending and participating in the first ever Tribal Marijuana Conference.  In part because the conference is so well-conceived and in part because the issues are so dynamic and multi-faceted, I have learned a lot on many fronts relating both to modern tribal law and the many fascinating legal, social and political issues that modern marijuana reform necessarily raises (some event basics here via MLP&R).  Though I am not able to process all the issues discussed today, let alone effectively blog about them all, I will close my work week by just linking to some recent posts now up at Marijuana Law, Policy & Reform:





February 27, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues, Preparing for pot professing | Permalink | Comments (1) | TrackBack

How might US Sentencing Commission's new Tribal Issues Advisory Group deal with marijuana law and policy?

The question in the title of this post is prompted by this notable new US Sentencing Commission press release, which was released on a day I am participating in the first ever Tribal Marijuana Conference (some background here via MLP&R).  Here are excerpts from the press release:

The United States Sentencing Commission announced today the formation of a Tribal Issues Advisory Group (TIAG), which will consider methods to improve the operation of the federal sentencing guidelines as they relate to American Indian defendants, victims, and tribal communities.

The TIAG will look at whether there are disparities in how federal sentencing guidelines are applied to defendants from tribal communities or in the sentences received by such defendants as compared to similarly situated state defendants. The group will also examine whether there should be changes to the guidelines to better account for tribal court convictions or tribal court orders of protection and consider how the Commission should engage with tribal communities in an ongoing manner....

The TIAG is composed of federal appointees and at-large members. The federal judge appointees are Judge Diane Humetewa from Arizona, Judge Brian Morris from Montana, Chief Judge Ralph Erickson from North Dakota, and Chief Judge Jeffrey Viken and Judge Roberto Lange from South Dakota. The ten at-large members were selected from a broad array of applicants from across the country, and they represent a wide spectrum of tribal communities and roles in the criminal justice system. The TIAG at-large members include tribal court judges, social scientists, law enforcement officials, defense attorneys, and victims’ advocates.

“I commend the Commission for creating a mechanism to develop insights and information that have the potential to improve the lives of our citizens in Indian Country,” said Chief Judge Erickson. “I look forward to working with the distinguished members of this Group and with the Commission to rationally address longstanding sentencing issues in Indian Country.”

There are literally hundreds of tribal attendees at the tribal marijuana conference because it seems a number of tribal leaders think there is a chance that, despite federal prohibition, marijuana activity on tribal lands might "have the potential to improve the lives of our citizens in Indian Country." Of course, this new USSC advisory group has more than enough challenging issues to consider without getting into marijuana law and policy matters. But, especially because typically only the feds have full criminal jurisdiction in tribal lands, I think it will unavoidable for TIAG to discuss marijuana enforcement issues if (and when?) a number of tribes jump into the marijuana industry in the weeks and months ahead.

February 27, 2015 in Federal Sentencing Guidelines, Marijuana Legalization in the States, Offense Characteristics, Pot Prohibition Issues, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (0) | TrackBack

Tuesday, February 17, 2015

Hot action during a cold February concerning marijuana law, policy and reform

Though it has not been too long since my last round-up of notable new posts from Marijuana Law, Policy and Reform, lots of recent action in the field may be of interest to regular readers of this blog:

February 17, 2015 in Marijuana Legalization in the States, Pot Prohibition Issues | Permalink | Comments (0) | TrackBack