Sunday, June 01, 2014
Some recent posts of note from Marijuana Law, Policy & Reform
Continuing the sporatic tradition of a review of activities on marijuana law and policy fronts, here is a round up of recent notable posts from Marijuana Law, Policy and Reform:
Saturday, May 31, 2014
"Why Republicans are slowly embracing marijuana"
The title of this post is the headline of this recent Los Angeles Times article, which includes these excerpts:
Marijuana is a political conundrum for the GOP, traditionally the stridently anti-drug, law and order party. More than half the voters in the country now live in states where medical marijuana is legal, in many cases as a result of ballot measures. The most recent poll by the Pew Research Center found most Americans think pot should be legal, a major shift from just a decade ago when voters opposed legalization by a 2-to-1 margin.
Most GOP stalwarts, of course, continue to rail against liberalization of the laws. Rep. Andy Harris of Maryland, a physician, declared during floor debate that medical marijuana is a sham. Real medicine, he said, “is not two joints a day, not a brownie here, a biscuit there. That is not modern medicine.”
But in a sign of how the times are changing, he found himself challenged by a colleague from his own caucus who is also a doctor. Rep. Paul Broun (R-Ga.) spoke passionately in favor of the bill. “It has very valid medical uses under direction of a doctor,” he said. “It is actually less dangerous than some narcotics prescribed by doctors all over the country.” Georgia is among the many states experimenting with medical marijuana. A state program there allows its limited use to treat children with severe epileptic seizures.
The rise of the tea party, meanwhile, has given an unforeseen boost to the legalization movement. Some of its more prominent members see the marijuana component of the War on Drugs as an overreach by the federal government, and a violation of the rights of more than two dozen states that have legalized cannabis or specific components of it for medical use.
Pro-marijuana groups have lately taken to boosting the campaigns of such Republicans, even those running against Democrats. A notable case is in the Sacramento region, where the Marijuana Policy Project recently announced it was endorsing Igor Birman, a tea partier seeking to knock out Democrat Ami Berra in a swing congressional district.
Cross-posted at Marijuana Law, Policy and Reform
Friday, May 30, 2014
A "true political game changer" as House votes to preclude feds from going after state-legal medical marijuana?!?!?
The question and/or statement in the title of this post is my reaction to Alex Kreit's reaction here at MLP&R to the notable vote late last night in the US House of Representatives concerning an amendment to an appropriation bill. This MSNBC story provides the context and head-count:
It had all the markings of a measure that would no one notice: an obscure amendment to a low-profile bill, receiving a vote after midnight, the same week as a national holiday. It’s hardly a recipe for generating national headlines.
But the U.S. House of Representatives nevertheless did something overnight that Congress has never done. The House passed an amendment late Thursday night to restrict the Drug Enforcement Administration from targeting medical marijuana operations in states where it is legal.
The 219-189 decision came on a bipartisan appropriations amendment spearheaded by California Republican Rep. Dana Rohrabacher and California Democrat Sam Farr. The amendment still faces several procedural hurdles before it is ratified, but this is the first time such an amendment has succeeded in the House.
The roll call on the vote is here. Note that it passed largely with Democratic support – the vast majority of Dems voted for it; a clear majority of Republicans voted against it – but the measure was backed by a bipartisan group of co-sponsors.
At issue is a routine spending bill: providing federal funding for a variety of agencies, including the Justice Department, which occasionally enforces federal drug laws by raiding marijuana facilities in states where medical pot sales are legal. The amendment intends to block federal law enforcement from doing so in the future.
In the process, as German Lopez reported, the House acted without precedent: “The bill is the first time in history that any chamber of Congress has acted to protect medical marijuana businesses and users.” As Lopez’s report makes clear, the practical effect of the amendment means the House now believes that if states want to implement their own medical marijuana laws, they shouldn’t have to fear interference from the FBI.
“Congress is officially pulling out of the war on medical marijuana patients and providers. Federal tax dollars will no longer be wasted arresting seriously ill medical marijuana patients and those who provide to them,” Dan Riffle, director of federal policies at the Marijuana Policy Project, said in a statement. “This is a historic vote, and it’s yet another sign that our federal government is shifting toward a more sensible marijuana policy.”
Looking ahead, it’s not yet a done deal. The same spending bill has not yet been taken up by the Senate, and we don’t yet know how the upper chamber will feel about the DEA amendment. The measure would also need President Obama’s signature.
I share Dan Riffle's perspective that this is a historic vote, but I am not sure it really is a "game changer" as much a sign of the modern drug-war times. Whatever labels are used for the vote, though, it is certainly interesting and exciting for those eager to see a move away from the status quo with respect to federal pot prohibition and the broader federal drug war.
Monday, May 26, 2014
California DA tries to make sure marijuana crime does not pay by making the criminals pay for reduced charges
The Los Angeles Times has this fascinting new article on a fascinting drug war innovation being utilized by a local districy attorney in California. The article is headlined "Mendocino County D.A. takes a new approach to marijuana cases," and here are excerpts:
When David Eyster took over as Mendocino County district attorney, felony marijuana prosecutions were overwhelming his staff and straining the public coffers.
With hundreds of cases active at any one time, taking an average 15 months to resolve, there were few victories to show for all the effort. "The system hadn't broken yet," Eyster said, "but it was dangerously close."
That was a little over three years ago. These days marijuana cases clear in about three months and the Sheriff's Department is flush with cash, thanks to what some are calling "the Mendocino model." To others, it's the Mendocino shakedown.
The transformation began when Eyster dusted off a section of the California health and safety code, intended to reimburse police for the cost of cleaning up meth labs and pot grows, and retooled it for a modern Mendocino County. In exchange for paying restitution, which Eyster sets at $50 per plant and $500 per pound of processed pot seized, eligible suspects can plead to a misdemeanor and get probation. (The law says restitution is reimbursement for actual enforcement costs, but defendants waive an itemized accounting and state the amount owed is "reasonable.")
The relinquishing of allegedly ill-gotten gains seized in separate civil forfeiture actions — cash, trucks and the occasional tractor — also might be part of the deal offered under Eyster's "global resolutions."
The restitution program is available only to those without troublesome criminal backgrounds who have not wildly overstepped California's somewhat gray laws on medical marijuana. Those who trespass, grow on public lands or degrade the environment need not apply.
Eyster said it's a complex calculation that he jots out himself, by hand, on the back of each case file. The size of a grow is not necessarily the deciding factor: In one current case, the defendants have records indicating they are supplying 1,500 medical users, Eyster said. Another case involved just four pounds of processed marijuana, but evidence indicated the defendant was selling for profit. Participants must agree to random searches while on probation, comply with medical marijuana laws and grow only for personal use.
Restitution funds, which have topped $3.7 million since early 2011, go directly to the investigating agencies. Asset forfeitures — the $4.4 million in cash and goods seized in 2013 was nearly double the previous year — are shared by the state, the district attorney's office and local law enforcement.
Among those who have criticized the program is Mendocino County Superior Court Judge Clay Brennan, who during a restitution hearing last year for a man with an 800-plant grow blasted it as "extortion of defendants."
A federal grand jury investigating county programs that derive revenue from marijuana enforcement has subpoenaed accounting records on the restitution program, Eyster confirmed. The reason is unclear, as the U.S. attorney's office declined to comment on the probe.
Legal analysts also have raised concerns about the potential for unequal treatment of defendants and the incentive for officers to focus on lucrative targets at the expense of those more menacing to public safety....
Eyster teamed with Assemblyman Tom Ammiano (D-San Francisco) in 2011 to try to make pot cultivation a "wobbler," prosecuted as either a felony or misdemeanor. The effort failed, but he had devised another way to thin the caseload.
He drew on past experience with welfare fraud, where considering restitution before making a filing decision was routine. Convinced that not all defendants were created equal — the mastermind behind a for-profit grow is more culpable than hired trimmers — he decided to evaluate each case, consider potentially exculpatory evidence and cut deals as he saw fit.
He offers defendants guidance on how to stay within the law, and said paying restitution "shows a step toward rehabilitation." "A month doesn't go by when someone doesn't say: 'Thank you for handling it this way,'" Eyster said.
Since he took office, 357 defendants have decided to pay restitution. About 20 of those violated their probation, resulting in 180-day jail stints and new charges. (On a second round, a straight misdemeanor charge is off the table.)
Eyster never accepts seized cash as payment of restitution, but his approach does throw such assets into the bargaining mix. It is unclear how many probationers paid restitution and forfeited seized cash or goods, but Eyster conceded the practice is common. "One hundred percent of the time, the defense wants to do a global resolution," he said. "It's saving a lot of time and costs."...
Defense attorney Keith Faulder, who practices in Mendocino County, is circumspect when discussing Eyster's program. The district attorney, Faulder said, is "an innovator" who he believes is "operating in good faith when it comes to settling marijuana cases." However, Faulder said, Eyster "has a real policy of settling cases for civil forfeiture ... I think it gets a lot of dolphin with the tuna." That program has exploded in recent years, with law enforcement officials attributing the increased seizures to a pot trade that permeates the county....
Mendocino County Sheriff Tom Allman said his deputies do not have the time or inclination to police for profit: "If I wanted to use this as a business plan, I'd have 12 people on my eradication team," he said. He has two. But he credits restitution and forfeitures for a sheriff's budget that is $600,000 in the black, and said he has also been able to expand a resident deputy program and purchase a new fleet of cars.
Despite the criticism, Eyster said he was confident in the legality and effectiveness of his approach. He said that he had offered Melinda Haag, U.S. attorney for the Northern District, "first dibs on the prosecution of all marijuana cases in Mendocino County" but that she declined. So "they should please leave us alone and let local enforcement tackle our own marijuana problems."
Regular readers should not be at all surprised that I am inclined to praise Mendocino County DA for engineering a seemingly more efficient and perhaps more effective way to wage the modern drug war. Indeed, given the muddled mess that is both California's medical marijuana laws and the opaque federal enforcement of prohibition in that state, this "Mendocino model" for modern marijuana enforcement for lower-level marijuana cases strikes me as a very wise way to use prosecutorial discretion and triage prosecutorial resources.
I would like to believe that the federal grand jury investigating the "Mendocino model" is focused on seeing if a local success story can be turned into a national program. But I fear that the feds are looking into what DA Eyster is doing because they fear even the prospect of somebody inventing any better drug war mousetraps.
Finally, though I suppose I should be concerned about the potential for prosecutors extorting criminal defendants in this setting, this form of extortion troubles me much less that when prosecutors demand that defendants give up various rights to avoid a crazy-long mandatory prison sentences in traditional plea bargaining. When DA Eyster seeks money from marijuana defendants as part of the plea process, it seems he is only seeking to have them relinquish what were likely ill-gotten gains (much of which might end up going to defense attorneys' pockets without such a deal available); when other prosecutors seek pleas and cooperation from other defendants facing extreme prison terms, these prosecutors are demanding that defendants relinquish constitutional and statutory rights created specifically to limit and check the power of government officials.
Cross-posted at Marijuana Law, Policy and Reform
May 26, 2014 in Criminal Sentences Alternatives, Fines, Restitution and Other Economic Sanctions, Marijuana Legalization in the States, Pot Prohibition Issues, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (6) | TrackBack
Wednesday, May 21, 2014
"[A]nybody who’s a limited-government conservative can’t ignore the decades-long record of all of this money wasted and how ineffectual [the drug war has] been"
The quote that makes up the title of this post is one from this interesting and very lengthy recent profile of Michele Malkin from the Denver Post. The piece is headlined "Michelle Malkin: Conservative hero and marijuana advocate," and here are some excerpts:
Michelle Malkin is one of the most revered conservative voices in America, and yet the author, columnist and commentator also actively supports medical and recreational marijuana.
“The war on drugs has been a failure. Prohibition was also a failure,” Malkin said recently, drinking coffee at a diner near her Colorado Springs home. “And pointing out that mainstream hospitals are administering these far more pernicious narcotics to terminally ill patients undercuts this whole idea that marijuana is this dangerous gateway.”
Surprised to hear such progressive talk coming from a conservative? Join the club. If you’re not surprised you’ve likely been reading Malkin’s missives for years. The pro-marijuana conservative is a growing segment in the U.S. political spectrum, something we’ll see more of in the November elections. Malkin’s intensely personal story — dating from her time at the Seattle Times in the ‘90s to her mother-in-law’s current struggle with metastatic melanoma — is a potent example of why these two strange bedfellows are becoming increasingly familiar....
But Malkin didn’t always feel that way. When she left the LA Daily News for The Seattle Times in the mid-90s, she was as anti-marijuana as most Republicans were at that time. But after a chance debate with the late Seattle medical marijuana advocate Ralph Seeley, who died in 1998 of a rare bone cancer after suing the state to allow marijuana to be prescribed medically, she changed her mind on the issue. Seeley’s arguments were legitimate, Malkin said, and less than a year after his death Washington voters approved medical marijuana.
“People always ask me, ‘When have you ever changed your mind?’ I tell them, ‘Ralph Seeley changed my mind’,” said Malkin.... “I was on a local public TV debate, and at the time I was a fairly orthodox law-and-order, pro-war on drugs conservative columnist. I would accept at face value anything Bill Bennett had claimed about the war of drugs.”
“Of course it’s been an abysmal trillion-dollar failure, and anybody who’s a limited-government conservative can’t ignore the decades-long record of all of this money wasted and how ineffectual it’s been. But going back to the debate with Ralph Seeley: We were on the opposite side of the debate, him in his wheelchair and he had chordoma, an awful degenerative cancer in the spine. He was paralyzed with a trach. He was so articulate, and you couldn’t argue with his facts.”
Just like that Malkin — who jokingly refers to herself on occasion as a “right-wing nut-job” — switched over to the pro-marijuana side of the debate. And nearly two decades after her initial change of heart readers came across her recent “My trip to the pot shop” column on March 25, 2014....
There’s a philosophical and literary hook in Colorado’s mountainous landscape for Malkin, too. “For Libertarians, of course, Colorado is a special place because it’s Galt’s Gulch, in the Ayn Rand novels,” said Malkin. “The appeal is it’s the last, best sanctuary of the bulwark against the meddling state. And it’s real — it’s not just a fictional sanctuary. It’s real for many people, and those stories of those families moving here from New Jersey underscores that, and it resonates with me because that’s how we feel about Colorado.”...
Marisol Therapeutics is a recreational pot shop in Pueblo West, just 47 miles from Uncle Sam’s Pancake House — and Malkin’s nearby home. (Colorado Springs doesn’t allow recreational marijuana shops.) The shopping experience, from the initial decision to head south to the storm of comments that followed in the wake of the article, was a historic one for the Malkin family.
But what will Michelle remember the most from her first time buying legal weed? “What an incredible experience it was to walk into the shop and have the understanding and compassion of somebody in the business of providing healing,” Michelle said. “A lot of people from out of state, New York or DC, would parachute into our state and sneer at the so-called ‘medical veneer’ that a lot of these shops have. But there’s no denying the reality that these places provide the services that people want and need, and that was the upshot of the column.”
The column created a whirlwind of activity on Malkin’s website, both positive and negative. But the takeaways steeled her resolve and gave her a new found perspective. “When I was at the shop, I told my husband that the clerk seemed like a Libertarian to me,” Malkin said. “What were they doing? They were complaining about the regulations, the bureaucracy, the taxes. Here’s your natural outreach into a nontraditional constituency, right?”
Malkin splits from party-line mob mentality in that she doesn’t believe that marijuana is a gateway drug — “but speaking of gateway drugs, I think this is a gateway policy issue. It’s a gateway for getting people to start moving beyond traditional right and left politics. And I think that’s a good thing.”...
On protecting the Second Amendment and decriminalizing drugs: “There has been such an infantilization of citizens by the nanny state that it becomes easier and easier to swallow rationalizing increasing the power of government as a way to protect people from both social harm and self harm. And for people who think about liberty and how the power of the state should be limited, it bothers me greatly that we’ve redefined what social harm is and that there’s been this encroachment on people’s ability to do whatever they want and in their own homes as long as it doesn’t impose social harm outside of your home. As long as I’ve been thinking about these issues, dating back to my days in Seattle, it’s always seemed to me that there are similar arguments for fiercely protecting Second Amendment rights as there are for decriminalizing drugs, not just for medical marijuana but for recreational as well. And I have to say that my reservations are greater with regard to recreational marijuana, but the very simple point of my column was how grateful we were that the people of Colorado passed Amendment 64 because it provided an opportunity for us to circumvent the bureaucracy because we could just drop by and walk in. I’m absolutely against repealing it.”
On finding capitalism alive and well in the legal pot industry: “We were so sheepish at the pot shop. I’m sure we looked so goofy saying, ‘Are there brownies?’ And she whipped out the cheddar crackers. And for me, as someone who believes in capitalism, I was just amazed at how many different companies are involved in producing these different products. From the bakery to those (vape) pen things, some of it was a bit cliché — they had the Tommy Chong banner up top, the big ’70s heavy metal pounding when you went into the recreational side, but it also struck me how we felt safe. There were multiple ID checks and serious guards at the door — and contrast that with god knows what we would have had to do if we tried obtaining it on the streets.”...
On being pro-marijuana, cautiously: “While some people on the pro side who don’t ever want you to acknowledge that there are costs and consequences and abuses, I don’t have any problem with saying, ‘Of course we should be worried about what else can happen here.’ Of course I tell my kids, ‘Don’t you mess with this,’ as I would with any illicit, addictive substance. It’s not a weakness that there are always those concerns, and that’s why I stress the need for the cultural guardrails. It bothers me to see Snoop Doggy Dogg and this big haze around all these kids — just how irresponsible that is. And to the extent that the movement has grown up, it’s a tribute to people like Ralph Seeley, for whom it was a matter of individual liberty and principal all along. There will always be people on either side who exploit the extremes.
Just a few recent and older related posts:
- Supporting pot prohibition as divining rod pointing toward social conservatives and away from fiscal conservatives
- "Marijuana industry finds unlikely new allies in conservatives"
- "Nearly three-quarters of Americans (72%) say that, in general, government efforts to enforce marijuana laws cost more than they are worth"
- If you like paternalism and hate permissive freedoms and big business...
- Terrific (though incomplete) analysis of the state and future of modern pot politic
- "The most interesting part of [Rand Paul's] speech was his widely anticipated defense of drug law reform."
- NAACP head recognizes Tea Party favors some progressive criminal justice reforms (and sometimes more than Democrats)
- GOP leaders now getting what Mitt missed: drug war reform may make good politics (as well as being principled) for small-government conservatives
Saturday, May 17, 2014
"Could This Be the Year for a House Reversal on Medical Marijuana?"
The title of this post is the headline of this intriguing article from Roll Call. Here are excerpts:
The last time Rep. Dana Rohrabacher offered an amendment on the House floor to protect states rights when it came to legalization of medical marijuana, it was defeated 163–262. Since that vote in 2012, four states — Illinois, Massachusetts, New Hampshire and Maryland — passed laws or regulations allowing for the use of medical marijuana, bringing the total to 21 states and the District of Columbia.
Now, supporters of medical marijuana anticipate the strongest vote yet on a states-rights amendment when the fiscal 2015 Commerce-Justice-Science appropriations measure (HR 4660) comes to the House floor in a few weeks, while lawmakers are weighing offering additional marijuana provisions on appropriations measures. Most, but not all, of the proposals lawmakers are considering bringing up are aimed at protecting state laws and programs on medical marijuana use.
The chief provision, which will be offered as an amendment to the appropriations bill funding the Commerce and Justice departments, would prohibit the federal government from prosecuting medical marijuana users and providers who are abiding by their state’s law. The House has voted on similar proposals six times since 2003, with about 150 to 160 members supporting it each time. But advocates expect that more lawmakers than ever will support the bipartisan proposal this year, which will likely be introduced by two California lawmakers, Rohrabacher, who is a Republican, and Democrat Sam Farr. Boosters expect to win new backers this year because of the increasingly high poll numbers supporting legalization....
That increasing support may lead lawmakers to hold additional marijuana policy votes on other appropriations bills. Rep. Ed Perlmutter, D-Colo., may consider offering an amendment to the Financial Services appropriations measure that would help marijuana businesses get access to banking by updating federal rules, according to his office. An aide for Colorado Democrat Jared Polis said he also may offer marijuana policy amendments, although he has not made a decision yet....
The backers of the Rohrabacher amendment are an unusual group of social liberals and conservatives who see legalization as a states’ rights issue. Lawmakers including Blumenauer, Michigan Republican Justin Amash and Texas Republican Steve Stockman have voted for it in the past.
Georgia Republican Paul Broun, a physician who supports the amendment, said in a statement that the provision makes sense “from both a medical perspective and a Constitutional perspective.” He added, “This amendment would ensure that medical marijuana patients adhering to their state’s laws would not be punished by an overreaching federal government.”
Cross-posted at Marijuana Law, Policy & Reform
Wednesday, May 14, 2014
Another week with lots of marijuana developments covered at MLP&R
Continuing a recent tradition of a mid-week review of activities on marijuana law and policy fronts, here is a round up of recent notable posts from Marijuana Law, Policy and Reform:
Wednesday, May 07, 2014
So many marijuana developments, so many new posts at MLP&R
In part because there is so much activity on so many marijuana law and policy front, I have been remiss lately about doing my usual round ups of notable posts from Marijuana Law, Policy and Reform. I highly encourage everyone interested in drug reform topics to make regular stops at MLP&R, though I also will try to keep finding time to provide a sampling here of recent posts from MLP&R that help highlight how dynamic the (non-sentencing parts of the) marijuana reform world continues to be. So:
Friday, May 02, 2014
Family of medical marijuana patients in Washington turn down plea and set up notable federal trial
This lengthy new Huffington Post article, headlined "This Entire Family Of Medical Marijuana Patients Could Go To Prison For Growing Pot," spotlights a developing federal criminal case that seems likely to provide a notable criminal justice setting for the on-going national debate over marijuana law, policy and reform. Here are the basics:
Four family members and a close family friend in a rural town in northeastern Washington are facing years in federal prison for growing marijuana for their personal medical use.
Larry Harvey, 70, his wife Rhonda Firestack-Harvey, 55, their son Rolland Gregg, 33, and Rolland's wife Michelle, 35, as well as close family friend Jason Zucker, 38, claim they were individually growing 74 marijuana plants for their own medical use at the Harveys' rural home near Kettle Falls, Washington, as is their right under state law.
"There is no hidden agenda here," Rhonda said Thursday in a statement to the media. "My husband and I are retired, but work hard to live a peaceful, sustainable life in the northeast Washington wilderness. We both have serious health issues and were told by our doctors that medical marijuana could help. All five of us have qualifying conditions, actually, and the garden was below the limit of 15 plants per patient."
"It's outrageous that the federal government is wasting money prosecuting five patients who were in total compliance with state law," Rhonda added. The Harvey home was first raided by state authorities in August 2012 after two flybys from Washington state's Civil Air Patrol -- the official civilian auxiliary of the United States Air Force -- reported an apparent marijuana grow near the Harvey residence.
On August 9, according to a motion filed by the Washington state U.S. attorney's office, state law enforcers raided the Harvey property and found 74 plants growing near the home. Under the presumption that the family was growing this cannabis as a collective, rather than individually, officers seized 29 cannabis plants so that the family would be compliant with state law, which limits collective crops to no more than 45 plants. The authorities did not press charges or seize any other assets.
However, days later, on August 16, federal authorities showed up with a new warrant and conducted a more comprehensive raid. At the time, authorities were enacting a widespread crackdown on medical marijuana providers -- an effort that extended into states like California and Colorado -- at the directive of the Obama administration. During the Aug. 16 raid, Drug Enforcement Administration agents seized the Harveys' remaining marijuana plants, as well as about five pounds of raw cannabis and some marijuana-infused edibles from the freezer. The feds also seized a 2007 Saturn Vue, $700 in cash, a computer, a motorcycle and an ATV, along with the family's legally owned firearms.
"This is not the kind of spectacular haul that the DEA is typically called in for," the family's attorneys wrote in a letter to Attorney General Eric Holder this February urging him to reconsider the charges. "Just the opposite, the evidence seized is consistent with the type of strict medical dosage that occurs with a doctor's supervision."
In 2013, the five patients were indicted by the Eastern Washington attorney general's office. According to the defendants' attorneys, all of them were growing cannabis in compliance with state law. Still, the federal government has charged each of them with six felonies apiece, including manufacturing, possession and distribution of marijuana, as well as the possession of a firearm in furtherance of drug trafficking, according to the indictment.
Because their trial is being held in federal court, it may not be enough of a defense for the family to argue that they were compliant with state law. In a motion filed Wednesday, Michael Ormsby, the U.S. attorney in eastern Washington state involved in the case, requested that "any evidence of medical purposes as well as the defendants' belief that they were lawfully engaged in marijuana cultivation" be inadmissible in court. Ormsby argued that the family's purpose for growing the marijuana is not the issue. Rather, he said, the "knowing or intentional manufacturing of marijuana" is all that matters in this case....
During pre-trial hearings for the case this week, the family unanimously rejected the plea deals offered by the prosecuting attorneys that would have reduced their maximum sentences to just three years behind bars. Without the plea deal, their maximum sentences range from up to 40 years to life in federal prison.
Washington state law allows for licensed medical marijuana patients to grow up to 15 plants and be in possession of up to 24 ounces of usable cannabis. The law also says that no more than 10 qualified patients can participate in a single collective garden. The patients can grow up to 15 plants each, but the garden cannot exceed 45 plants.
Federal authorities are charging the Harvey family with growing "100 or more" marijuana plants -- a charge that dramatically increases related fines and prison sentencing -- alleging that the family had grown a crop in 2011 similar in size to the one seized in the raids the following year. The charge is based on "numerous" photos, found on a seized computer from the residence, that allegedly depict the defendants in the grow at the same location in 2011, according to the motion filed by the U.S. attorney's office....
In their letter to Holder, the defendants' attorneys argued that there is no proof these five people are "perceived to be violent in any way," and say that the firearms had "absolutely nothing to do with the cultivation of cannabis." "This is a mom and pop on a family homestead near a National Wildlife Refuge in the Northeastern corner of Washington, where the nearest town is 10 miles in any direction," the attorneys wrote.
The family's attorneys argue that there is an "equal justice disparity" created by federal drug laws that directly contradict state laws in Washington, where medical marijuana has been legal for well over a decade. "In the very city where the Harvey family is set to stand trial, an ordinance was recently passed to establish groundbreaking licensing requirements for aspiring entrepreneurs in the existing medical marijuana field, as well as those planning to enter the emerging [recreational] marketplace," the attorneys wrote in their letter to Holder. "These conflicting realities cannot co-exist."...
Now that all five defendants have rejected the plea deals, their federal trial is expected to begin later this month. An official from the U.S. attorney's office in eastern Washington familiar with the matter said that the office cannot comment on ongoing cases.
For individuals and groups concerning about excessive federal government involvement in the activities of individuals out West, the Harvey family would seem to be a much more sympathetic cause célèbre than Cliven Bundy. But I have a feeling Sean Hannity and some of the folks quick to back Bundy in his stand-off with the feds are not likely to be championing family values and states' rights in this setting. And, sadly, that seems too bad and a telling indication that political principles may only go so far once pot is involved.
May 2, 2014 in Criminal justice in the Obama Administration, Marijuana Legalization in the States, Offense Characteristics, Pot Prohibition Issues, Who Sentences? | Permalink | Comments (4) | TrackBack
Wednesday, April 30, 2014
New survey suggests that "medical community supports the use of medical marijuana"
In many prior discussions of modern marijuana reform, frequent (but now MIA) commentor Bill Otis was often very quick to highlight that the American Medical Assocation has expressed serious concerns and considerable reservations about the potential health impact of legalizing marijuana. I largely agree with Bill that the medical community should have a significant role and voice in the on-going national marijuana reform debate, and thus I found notable this new FOXBusiness article headlined "Survey: 53% of Doctors Support National Legalization of Medical Marijuana." Here are the details:
Medical marijuana might be legal in 21 states, but it is still not widely prescribe by doctors across the country — despite the majority of doctors and patients supporting its use. According to a survey by online medical resource WebMD, 69% of doctors and 52% of patients polled say marijuana delivers benefits.
“Regardless of past restrictions, a majority of patients and doctors see marijuana as delivering real benefits to treat patients,” says Michael Smith, chief medical editor at WebMD in the research report. “Uncertainty is the next largest response, with 37% of patients unsure of marijuana’s benefits versus 20% of doctors.”
Among the nearly 1,500 doctors surveyed, 82% of the physicians in favor of medical marijuana were oncologists and hematologists. What’s more, a wide majority of respondents say medical marijuana should be an option for patients. However, the support of legalized marijuana has its limits, according to the survey: 53% of doctors and 51% of consumers oppose legalizing it nationally for recreational use.
WebMD and its Medscape unit polled 3,000 consumers along with 1,500 doctors for its report. Support for medicinal use of marijuana is strong even in states where it’s illegal. According to the survey, 50% of doctors practicing in states where it’s banned say it should be legalized, while 52% of doctors practicing in states that are considering legalizing it for medicinal use support the practice. Forty-nine percent of consumers living in states where it’s not legal support legalizing medical marijuana.
Smith says the findings of the survey indicate the medical community supports the use of medical marijuana, but more studies are needed to boost doctors’ confidence as to where medical marijuana can help and where it may not. “Despite more than 20 years of anecdotal evidence about the medicinal effects of marijuana, doctors and consumers remain in search of answers,” he said in a recent press release.
The press release referenced in this article is available at this link, and it provides some more details about the survey and its results. I also now see WebMD has this entire special section of its website providing coverage of marijuana-related issues.
Cross-posted at Marijuana Law, Policy and Reform.
UPDATE: I am pleased to see that Bill Otis has responded to this post via a new post here at Crime & Consequences headlined "How Do You Conduct a Phony Pot Survey?" This response confirms my hope that Bill continue to engage with what I post here even though he, for reasons unexplained to me, no longer seems able or willing to comments directly in the comment section.
Monday, April 28, 2014
"Legalizing marijuana has been good for Colorado, voters in the state say 52 - 38 percent"
The title of this post is the first line of this notable press release discussing the results of a notable new Colorado poll. Here is more from the press release:
Legalizing marijuana has been good for Colorado, voters in the state say 52 - 38 percent, but 52 percent of voters are less likely to vote for a candidate for office who smokes marijuana two or three days a week, according to a Quinnipiac University poll released today....
Legalized marijuana has been bad for the state, Republicans say 63 - 28 percent and voters over 65 years old say 62 - 28 percent. All other listed groups say it's good for the state....
"Colorado voters are generally good to go on grass, across the spectrum, from personal freedom to its taxpayer benefits to its positive impact on the criminal justice system," said Tim Malloy, assistant director of the Quinnipiac University poll. "But if you are a politician, think twice before smokin' them if you got 'em," Malloy added.
I tend not to put too much stock in a single poll, and a lot could change concerning public opinion regarding legalized marijuana in the weeks and months ahead. But the demographic breakdown of the results in this poll are quite interesting and reveal that, relatively to the general Colorado population, independents, women and persons under 50 all most strongly believe that legalizing marijuana has been good for the state. These numbers confirm my sense that supporting legalized marijuana may now help a politician attract key swing voters more than opposing it.
Cross-posted at Marijuana Law, Policy and Reform.
Sunday, April 20, 2014
A few headline highlights concerning those celebrating different high holy day
A busy holiday weekend and balky blog software precluded me from making much of the strange tradition of making 4/20 a special day on the calendar for marijuana fans. But with the mainstream media so interested in this matter this year, I though a round-up of some notable headlines might be justified. So here goes:
From the AP here, "Colorado pot law frustrates Nebraska law officers"
From CBS News here, "Pot holiday goes mainstream in Colorado"
From The Christian Science Monitor here, "420 festival: How far and fast could legal marijuana spread?"
From CNN here, "With sales now legal, cannabis lovers take Denver's 420 weekend to new highs"
- From Politico here, "The highs and lows of legal pot"
Wednesday, April 16, 2014
Another bizarre, sad and fatal case of reefer madness?
As reported in this prior post, a Denver coroner report concluded that a young man fell to his death in March after eating marijuana cookies which may have caused him to act erratically. Now, as reported in this local article, headlined "Police looking at pot role in wife's murder," another sad and fatal event might be linked to marijuana use in Colorado. Here are the distressing details:
The Denver man accused of shooting his wife in their home is in jail without bond. Richard Kirk made his first court appearance on Wednesday. He's facing first-degree murder charges after reportedly telling officers that he killed his wife, 44-year-old Kristine Kirk, while she was on the phone with 911.
Richard's family was in court on Wednesday to support him. They declined comment because they were advised not to speak.
It happened around 9:30 p.m. on Monday in the 2100 block of South St. Paul Street. Law enforcement sources tell 9NEWS that Kristine told the 911 dispatcher her husband Richard Kirk may have eaten marijuana edibles and that he was hallucinating and scaring their three young children.
"I can't get necessarily into specifics about that, but we are looking at a marijuana aspect of this investigation to see if it did play a role in this particular crime," said Denver Police spokesperson Sonny Jackson.
A longtime friend of the Kirk family, who did not want to be identified, told 9NEWS Richard is a religious man, happy-go-lucky and very friendly, who is not known for being violent. The friend also said Kristine was an amazing mother and good friend. They are stunned by what happened. It is a shock shared by many in the neighborhood where the crime scene tape remains a stark reminder of what unfolded there....
Richard has a prior arrest in Douglas County for driving under the influence and careless driving. A police source told 9NEWS it did not appear cops had ever been called to the home before.
Neighbors say they are still coming to grips with what happened. "Just kind of shocking, and it's almost just incredible that something like this would happen," Coyne said.
Kristine was on the phone with 911 for 12 minutes before she was shot. Denver Police said that's not unusual because the call originally came in as non-life threatening, but they plan to look into the circumstances of that call to make sure it was handled properly.
Though I am not ready to jump to any conclusions about this bizarre story, if this sad matricide gets attributed to marijuana use it could certainly impact public perceptions about the pros and cons of marijuana reform.
UPDATE: I just came across this AP story, headlined "Police: Denver man ate marijuana candy before fatally shooting his wife," which provides these additional details about this tragic story:
Authorities say a Denver man accused of killing his wife while she was on the phone with 911 ate marijuana-infused candy before he allegedly shot her.
According to search warrants released Thursday, 44-year-old Kristine Kirk told dispatchers her husband bought and ate the candy before he started hallucinating and frightening the couple's three children. Police say 47-year-old Richard Kirk also may have taken prescription pain medication before he began acting erratically.
It was not clear whether the pot influenced his behavior.
Denver reporting notable 2014 crime reduction since legal pot sales started
Three months after Colorado residents legalized recreational marijuana with the passage of Amendment 64 in Nov. 2012, Sheriff Tom Allman of Mendocio County, Calif. – a haven for marijuana growers – warned that an onslaught of crime was headed toward Colorado. “Thugs put on masks, they come to your house, they kick in your door. They point guns at you and say, ‘Give me your marijuana, give me your money,’” Allman told a Denver TV station in February....
But a new report contends that fourteen years later, even after Colorado legalized the sale of small amounts of marijuana for recreational use on Jan. 1 of this year, violent and property crime rates in the city are actually falling.
According to data from the Denver Police Department, violent crime (including homicide, sexual assault, robbery, and aggravated assault) fell by 6.9% in the first quarter of 2014, compared with the same period in 2013. Property crime (including burglary, larceny, auto theft, theft from motor vehicle and arson) dropped by 11.1%.
A study looking at the legalization of medical marijuana nationwide, published late last month in the journal PLOS ONE, found that the trend holds: Not only does medical marijuana legalization not correlate with an uptick in crime, researchers from the University of Texas at Dallas argue it may actually reduce it. Using statistics from the FBI’s Uniform Crime Report and controlling for variables like the unemployment and poverty rates; per capita income; age of residents; proportion of residents with college degree; number of police officers and prisoners; and even beer consumption, researchers analyzed data from all 50 states between 1990 and 2006....
“The central finding gleaned from the present study was that MML (medical marijuana legalization) is not predictive of higher crime rates and may be related to reductions in rates of homicide and assault. Interestingly, robbery and burglary rates were unaffected by medicinal marijuana legislation, which runs counter to the claim that dispensaries and grow houses lead to an increase in victimization due to the opportunity structures linked to the amount of drugs and cash that are present.”
The study drew a link between marijuana and alcohol use, surmising that the legalization of pot could cause the number of alcohol-fueled crimes to decline. “While it is important to remain cautious when interpreting these findings as evidence that MML reduces crime, these results do fall in line with recent evidence and they conform to the longstanding notion that marijuana legalization may lead to a reduction in alcohol use due to individuals substituting marijuana for alcohol. Given the relationship between alcohol and violent crime, it may turn out that substituting marijuana for alcohol leads to minor reductions in violent crimes that can be detected at the state level.”
Of course, this is a limited set of data and correlation does not prove causation. But, at the very least, this early crime data certain provide more helpful evidence for supporters of drug law reforms who are eager to assert that it is not drugs but drug prohibition that contributes to crimes.
Some recent related posts:
- New study suggests legalizing medical marijuana may reduce violent crime
- Months into state experiment, first death officially linked to marijuana legalization in Colorado
- If it clearly saved thousands of innocent lives on roadways, would most everyone support medical marijuana reforms?
- "Cooperative Federalism and Marijuana Regulation"
- New Jersey State Municipal Prosecutors Association endorses marijuana legalization
- Should the feds reallocate all drug war resources away from marijuana to heroin now?
Tuesday, April 15, 2014
Prez Obama commutes 15-year sentence for marijuana offender down to 11.5 years
With apologies for the bad "Field of Dreams" reference, I am not sure how else to react to the news I have got via this press release while I am sitting in the audience excited to be at this amazing on-going NYU conference on "Mercy in the Criminal Justice System: Clemency and Post-Conviction Strategies" with the keynote speaker White House Counsel Kathryn Ruemmler. I was hoping and expecting the White House Counsel Kathryn Ruemmler would be making news via her afternoon keynote, but her boss beat her to the punch as the full text of the press release reveals:
Today, President Barack Obama granted clemency to the following individual:
• Ceasar Huerta Cantu, also known as Cesar Huerta Cantu – Katy, Texas
Offenses: Conspiracy to possess with intent to distribute marijuana; money laundering (Western District of Virginia)
Sentence: 180 months’ imprisonment (as amended), five years’ supervised release (May 11, 2006)
Commutation Grant: Prison sentence commuted to 138 months’ imprisonment
Thanks to the wonderful internet, I found this 2255 dismissal order concerning the Cantu case which suggests that Cantu received an erroneous initial sentence that he was unable to get changed via traditional legal means. But it is unclear from this order alone whether this sentence calculation error provides the basis and reason for this notable commutation. A quick read of the order does suggest that the reduction from 180 to 138 appears to reflect precisely the sentence Cesar Huerta Cantu would have and should have gotten (after getting substantial assistane credit) had his initial sentence been calculated properly.
Live-blogging UPDATE: In her keynote speech at this NYU conference, White House Counsel Kathryn Ruemmler is talking up this grant and says that it shows that clemency can serve as a "fail-safe" for correcting errors that cannot be corrected by other means.
WH Counsel Ruemmler has announced that DOJ via BOP is going to alert federal prisonsers about the on-going clemency initiative previously announced by Deputy AG Cole.
MSM UPDATE: Lots of press reports are now providing context for this grant such as this AP article headlined "Obama commutes sentence made longer by typo."
Notable comments by AG Holder about marijuana legalization in the states
This notable new Huffington Post article, headlined "Eric Holder 'Cautiously Optimistic' About Marijuana Legalization," reports on notable new interview with the AG discussing his latest view onf marijuana reform. Here are excertps:
Attorney General Eric Holder is "cautiously optimistic" about how things are going in Washington state and Colorado following the legalization and state regulation of marijuana. But the nation's top law enforcement official, who spoke to The Huffington Post in an interview on Friday, also said it was tough to predict where marijuana legalization will be in 10 years.
"I'm not just saying that, I think it's hard to tell," Holder said in a jury room at the federal courthouse in Charleston, which he visited as part of the Justice Department's Smart on Crime initiative. "I think there might have been a burst of feeling that what happened in Washington and Colorado was going to be soon replicated across the country. I'm not sure that is necessarily the case. I think a lot of states are going to be looking to see what happens in Washington, what happens in Colorado before those decisions are made in substantial parts of the country."
Under Holder, the Justice Department has allowed marijuana legalization to move forward in Washington and Colorado and has issued guidance to federal prosecutors that is intended to open up banking access for pot shops that are legal on the state level.
Based on the reports he has received out of Washington and Colorado, Holder also said he thinks things are going about how he'd expected them to go. "I think what people have to understand is that when we have those eight priorities that we have set out, it essentially means that the federal government is not going to be involved in the prosecution of small-time, possessory drug cases, but we never were," Holder said. "So I'm not sure that I see a huge change yet, we've tried to adapt to the situation in Colorado with regard to how money is kept and transacted and all that stuff, and try to open up the banking system."
"But I think, so far, I'm cautiously optimistic," Holder continued. "But as I indicated to both governors, we will be monitoring the progress of those efforts and if we conclude that they are not being done in an appropriate way, we reserve our rights to file lawsuits."
Holder's positive outlook on how legalization is going in Washington and Colorado stands in contrast to the views expressed by Drug Enforcement Administration head Michele Leonhart, who reportedly criticized President Barack Obama for comparing marijuana to alcohol. Leonhart claimed earlier this month that voters were mislead when they voted to legalize and regulate marijuana on the state level, that Mexican drug cartels are "setting up shop" in Washington and Colorado and that this country should have "never gone forward" with legalization. Another DEA official recently claimed that "every single parent out there" opposed marijuana legalization.
Washington and Colorado, of course, aren't the only places in the U.S. reforming their approach to marijuana. In March, Washington, D.C., decriminalized the possession of small amounts of marijuana. Asked about D.C.'s move, Holder said it didn't make sense to send people to jail on possession charges. "Well, I'll tell you, as a former judge, I had to put in jail substantial numbers of young people for possessory drug offenses, and it was not from the perspective I had as a judge necessarily a good use of law enforcement resources," Holder said. "When I became U.S. attorney we put in place certain guidelines so that people would not end up, especially young people, with criminal records and all that then implies for them."...
Holder also acknowledged the Obama administration has made the political decision not to unilaterally "reschedule" marijuana by taking it off the list of what the federal government considers the most dangerous drugs, though that is something the attorney general has the authority to do. Instead, Holder has said DOJ would be willing to work with Congress if they want to reschedule marijuana, which doesn't seem likely to happen in the near future.
"I think that given what we have done in dealing with the whole Smart on Crime initiative and the executive actions that we have taken, that when it comes to rescheduling, I think this is something that should come from Congress," Holder said. "We'd be willing to work with Congress if there is a desire on the part of Congress to think about rescheduling. But I think I'd want to hear, get a sense from them about where they'd like to be."
Monday, April 07, 2014
If it clearly cost thousands of innocent lives through heroin abuse, would most everyone oppose modern marijuana reforms?
I engendered an intriguing debate over research data, criminal drug reform and public safety concerns in my post here last week titled "If it clearly saved thousands of innocent lives on roadways, would most everyone support medical marijuana reforms?". I am hoping to engender a similar debate with the question in the title of this new post, which is my sincere inquiry, directed particularly to those most supportive of modern marijuana reform movements, as a follow-up to this notable new Washington Post article headlined "Tracing the U.S. heroin surge back south of the border as Mexican cannabis output falls." Here are excerpts:
The surge of cheap heroin spreading in $4 hits across rural America can be traced back to the remote valleys of the northern Sierra Madre. With the wholesale price of marijuana falling — driven in part by decriminalization in sections of the United States — Mexican drug farmers are turning away from cannabis and filling their fields with opium poppies.
Mexican heroin is flooding north as U.S. authorities trying to contain an epidemic of prescription painkiller abuse have tightened controls on synthetic opiates such as hydrocodone and OxyContin. As the pills become more costly and difficult to obtain, Mexican trafficking organizations have found new markets for heroin in places such as Winchester, Va., and Brattleboro, Vt., where, until recently, needle use for narcotics was rare or unknown.
Farmers in the storied “Golden Triangle” region of Mexico’s Sinaloa state, which has produced the country’s most notorious gangsters and biggest marijuana harvests, say they are no longer planting the crop. Its wholesale price has collapsed in the past five years, from $100 per kilogram to less than $25. “It’s not worth it anymore,” said Rodrigo Silla, 50, a lifelong cannabis farmer who said he couldn’t remember the last time his family and others in their tiny hamlet gave up growing mota. “I wish the Americans would stop with this legalization.”
Growers from this area and as far afield as Central America are sowing their plots with opium poppies, and large-scale operations are turning up in places where authorities have never seen them....
The needle habit in the United States has made a strong comeback as heroin rushes into the country. Use of the drug in the United States increased 79 percent between 2007 and 2012, according to federal data, triggering a wave of overdose deaths and an “urgent and growing public health crisis,” Attorney General Eric H. Holder Jr. warned last month.
Although prescription painkillers remain more widely abused and account for far more fatal overdoses, heroin has been “moving all over the country and popping up in areas you didn’t see before,” said Carl Pike, a senior official in the Special Operations Division of the Drug Enforcement Administration.
With its low price and easy portability, heroin has reached beyond New York, Chicago and other places where it has long been available. Rural areas of New England, Appalachia and the Midwest are being hit especially hard, with cities such as Portland, Maine; St. Louis; and Oklahoma City struggling to cope with a new generation of addicts. Pike and other DEA officials say the spread is the result of a shrewd marketing strategy developed by Mexican traffickers. They have targeted areas with the worst prescription pill abuse, sending heroin pushers to “set up right outside the methadone clinics,” one DEA agent said.
Some new heroin users begin by snorting the drug. But like addicts of synthetic painkillers who go from swallowing the pills to crushing and snorting them, they eventually turn to intravenous injection of heroin for a more powerful high. By then, experts say, they have crossed a psychological threshold — overcoming the stigma of needle use. At the same time, they face diminishing satisfaction from prescription pills that can cost $80 each on the street and whose effects wear off after four to six hours. Those addicts are especially susceptible to high-grade heroin offered for as little as $4 a dose but with a narcotic payload that can top anything from a pharmacy.
Unlike marijuana, which cartel peons usually carry across the border in backpacks, heroin (like cocaine) is typically smuggled inside fake vehicle panels or concealed in shipments of legitimate commercial goods and is more difficult to detect. By the time it reaches northern U.S. cities, a kilo may be worth $60,000 to $80,000, prior to being diluted or “cut” with fillers such as lactose and powdered milk. The increased demand for heroin in the United States appears to be keeping wholesale prices high, even with abundant supply.
The Mexican mountain folk in hamlets such as this one do not think of themselves as drug producers. They also plant corn, beans and other subsistence crops but say they could never earn a living from their small food plots. And, increasingly, they’re unable to compete with U.S. marijuana growers. With cannabis legalized or allowed for medical use in 20 U.S. states and the District of Columbia, more and more of the American market is supplied with highly potent marijuana grown in American garages and converted warehouses — some licensed, others not. Mexican trafficking groups have also set up vast outdoor plantations on public land, especially in California, contributing to the fall in marijuana prices.
“When you have a product losing value, you diversify, and that’s true of any farmer,” said David Shirk, a Mexico researcher at the University of California at San Diego. “The wave of opium poppies we’re seeing is at least partially driven by changes we’re making in marijuana drug policy.”
I find this article fascinating in part because it highlight one (or surely many dozen) serious unintended consequences of modern marijuana reforms in the United States. I also find it fascinating because, just as my prior post explored some possible public safety benefits of consumers switching from alcohol use to marijuana use, this article spotlights some possible public safety harms of producers switching from marijuana farming to opium farming.
Some recent related posts:
- If it clearly saved thousands of innocent lives on roadways, would most everyone support medical marijuana reforms?
- As heroin concerns grow, so do proposals to increase sentences
- "Drug Dealers Aren't to Blame for the Heroin Boom. Doctors Are."
- Should the feds reallocate all drug war resources away from marijuana to heroin now?
Cross-posted at Marijuana Law, Policy and Reform
Sunday, April 06, 2014
Noting the very cautious politics still surrounding pot legalization
Today's New York Times has this interesting lengthy article discussing pot politics under the headline "Despite Support in Party, Democratic Governors Resist Legalizing Marijuana." Here are excerpts:
At a time of rapidly evolving attitudes toward marijuana legalization — a slight majority of Americans now support legalizing the drug — Democratic governors across the country ... find themselves uncomfortably at odds with their own base.
Even with Democrats and younger voters leading the wave of the pro-legalization shift, these governors are standing back, supporting much more limited medical-marijuana proposals or invoking the kind of law-and-order and public-health arguments more commonly heard from Republicans. While 17 more states — most of them leaning Democratic — have seen bills introduced this year to follow Colorado and Washington in approving recreational marijuana, no sitting governor or member of the Senate has offered a full-out endorsement of legalization. Only Gov. Peter Shumlin, a Democrat in Vermont, which is struggling with a heroin problem, said he was open to the idea....
The hesitance expressed by these governors reflects not only governing concerns but also, several analysts said, a historically rooted political wariness of being portrayed as soft on crime by Republicans. In particular, Mr. Brown, who is 75, lived through the culture wars of the 1960s, when Democrats suffered from being seen as permissive on issues like this.
“Either they don’t care about it as passionately or they feel embarrassed or vulnerable. They fear the judgment,” said Ethan Nadelmann, the founder of the Drug Policy Alliance, an organization that favors decriminalization of marijuana. “The fear of being soft on drugs, soft on marijuana, soft on crime is woven into the DNA of American politicians, especially Democrats.” He described that sentiment as, “Do not let yourself be outflanked by Republicans when it comes to being tough on crime and tough on drugs. You will lose.”
In Washington and Colorado, the Democratic governors had opposed legalization from the start, though each made clear that he would follow voters’ wishes in setting up the first legal recreational-marijuana marketplaces in the nation. “If it was up to me, being in the middle of it, and having read all this research and having some concern, I’d tell people just to exercise caution,” Gov. John W. Hickenlooper of Colorado said in a recent interview....
Washington has yet to let its first marijuana stores open — that is expected to happen later this spring — but Gov. Jay Inslee has made his position clear. “As a grandfather, I have the same concerns every grandfather has about misuse of any drug, including alcohol and marijuana,” he said in a telephone interview, adding, “All of us want to see our kids make smart decisions and not allow any drug to become injurious in our life. “I recognized the really rational decision that people made that criminalization efforts were not a successful public policy,” Mr. Inslee continued. “But frankly, I really don’t want to send a message to our kids that this is a route that is without risk.”...
The resistance comes as public opinion on the issue is moving more rapidly than anyone might have anticipated. Nationally, 51 percent of adults support legalizing the drug, according to a New York Times/CBS News poll conducted in February, including 60 percent of Democrats, 54 percent of independents and 72 percent of young adults. Even 44 percent of Tea Party members said they wanted the drug legalized....
There is no obvious political upside to supporting legalization, analysts said, and politicians, as a rule, tend to be risk averse. “You don’t hold these positions without having a sense of your own place in history,” said former Representative Patrick J. Kennedy, who joined Mr. Sabet in founding Project SAM, which strives to reduce marijuana use by emphasizing health risks. “They can honestly see that this is not a good move, that it’s going to have huge consequences, not all of which can be foretold.”...
At this point, the prospects for other elected officials jumping on the legalization bandwagon is likely to depend on what happens as the experiments in Washington and Colorado proceed. Among the questions are whether legalization will lead to more drug abuse by teenagers and how much it will fatten state tax coffers.
“I don’t tell other governors what to do,” Mr. Hickenlooper said, “but when they asked me, I said, ‘If I was in your shoes, I would wait a couple of years and see whether
there are unintended consequences, from what is admittedly a well-intentioned law.’”
Friday, April 04, 2014
If it clearly saved thousands of innocent lives on roadways, would most everyone support medical marijuana reforms?
The question in the title of this post is my sincere inquiry, directed particularly to those most concerned about modern marijuana reform movements, as a follow-up to this extended (data-focused) commentary by Jacob Sollum at Forbes headlined "More Pot, Safer Roads: Marijuana Legalization Could Bring Unexpected Benefits." Here are excerpts (with key research links retained):
The anti-pot group Project SAM claims drug test data show that marijuana legalization in Washington, approved by voters in that state at the end of 2012, already has made the roads more dangerous. The group notes with alarm that the percentage of people arrested for driving under the influence of a drug (DUID) who tested positive for marijuana rose by a third between 2012 and 2013. “Even before the first marijuana store opens in Washington, normalization and acceptance [have] set in,” says Project SAM Chairman Patrick J. Kennedy. “This is a wakeup call for officials and the public about the dangerousness of this drug, especially when driving.”
In truth, these numbers do not tell us anything about the dangerousness of marijuana. They do not even necessarily mean that more people are driving while high. Furthermore, other evidence suggests that legalizing marijuana could make the roads safer, reducing traffic fatalities by encouraging the substitution of marijuana for alcohol....
According to State Toxicologist Fiona Couper, the share of DUID arrestees in Washington whose blood tested positive for THC, marijuana’s main psychoactive ingredient, rose from 18.6 percent in 2012 to 24.9 percent in 2013. That’s an increase of more than 33 percent, as Project SAM emphasizes with a scary-looking bar graph. At the same time, the total number of DUID arrests in Washington rose by just 3 percent, about the same as the increases seen in the previous three years, while DUID arrests by state troopers (see table below) fell 16 percent.
These numbers do not suggest that Washington’s highways are awash with dangerously stoned drivers. So why the substantial increase in positive marijuana tests? Lt. Rob Sharpe, commander of the Washington State Patrol’s Impaired Driving Section, notes that additional officers were trained to recognize drugged drivers in anticipation of marijuana legalization. So even if the number of stoned drivers remained the same, police may have pulled over more of them as a result of that training....
As Columbia University researchers Guohua Li and Joanne E. Brady pointed out a few months ago in the American Journal of Epidemiology, [a recent] increase in marijuana consumption has been accompanied by an increase in the percentage of drivers killed in car crashes who test positive for cannabinol, a marijuana metabolite.
But as with the increase in DUID arrestees who test positive for THC, this trend does not necessarily mean marijuana is causing more crashes. A test for cannabinol, which is not psychoactive and can be detected in blood for up to a week after use, does not show the driver was under the influence of marijuana at the time of the crash, let alone that he was responsible for it. “Thus,” Li and Brady write, “the prevalence of nonalcohol drugs reported in this study should be interpreted as an indicator of drug use, not necessarily a measurement of drug impairment.”
Another reason to doubt the premise that more pot smoking means more deadly crashes: Total traffic fatalities have fallen as marijuana consumption has risen; there were about 20 percent fewer in 2012 than in 2002. Perhaps fatalities would have fallen faster if it weren’t for all those new pot smokers. But there is reason to believe the opposite may be true, that there would have been more fatalities if marijuana consumption had remained level or declined.
While marijuana can impair driving ability, it has a less dramatic impact than alcohol does. A 1993 report from the National Highway Traffic Safety Administration, for example, concluded: “The impairment [from marijuana] manifests itself mainly in the ability to maintain a lateral position on the road, but its magnitude is not exceptional in comparison with changes produced by many medicinal drugs and alcohol. Drivers under the influence of marijuana retain insight in their performance and will compensate when they can, for example, by slowing down or increasing effort. As a consequence, THC’s adverse effects on driving performance appear relatively small.” Similarly, a 2000 report commissioned by the British government found that “the severe effects of alcohol on the higher cognitive processes of driving are likely to make this more of a hazard, particularly at higher blood alcohol levels.”
Given these differences, it stands to reason that if more pot smoking is accompanied by less drinking, the upshot could be fewer traffic fatalities. Consistent with that hypothesis, a study published last year in the Journal of Law and Economics found that legalization of medical marijuana is associated with an 8-to-11-percent drop in traffic fatalities, beyond what would be expected based on national trends. Montana State University economist D. Mark Anderson and his colleagues found that the reduction in alcohol-related accidents was especially clear, as you would expect if loosening restrictions on marijuana led to less drinking. They also cite evidence that alcohol consumption declined in states with medical marijuana laws.
Anderson et al. caution that the drop in deadly crashes might be due to differences in the settings where marijuana and alcohol are consumed. If people are more likely to consume marijuana at home, that could mean less driving under the influence. Hence “the negative relationship between legalization and alcohol-related fatalities does not necessarily imply that driving under the influence of marijuana is safer than driving under the influence of alcohol,” although that is what experiments with both drugs indicate.
Arrest data from Washington are consistent with the idea that marijuana legalization could result in less drunk driving. Last year drunk driving arrests by state troopers fell 11 percent. By comparison, the number of drunk driving arrests fell by 2 percent between 2009 and 2010, stayed about the same between 2010 and 2011, and fell by 6 percent between 2011 and 2012. The drop in drunk driving arrests after marijuana legalization looks unusually large, although it should be interpreted with caution, since the number of arrests is partly a function of enforcement levels, which depend on funding and staffing.
Two authors of the Journal of Law and Economics study, Anderson and University of Colorado at Denver economist Daniel Rees, broadened their analysis in a 2013 article published by the Journal of Policy Analysis and Management. Anderson and Rees argue that marijuana legalization is apt, on balance, to produce “public health benefits,” mainly because of a reduction in alcohol consumption. Their projection hinges on the premise that marijuana and alcohol are substitutes. If marijuana and alcohol are instead complements, meaning that more pot smoking is accompanied by more drinking, the benefits they predict would not materialize. Anderson and Rees say “studies based on clearly defined natural experiments generally support the hypothesis that marijuana and alcohol are substitutes.” But in the same issue of the Journal of Policy Analysis and Management, Rosalie Liccardo Pacula, co-director of the RAND Corporation’s Drug Policy Research Center, and University of South Carolina criminologist Eric Sevigny conclude that the evidence on this point “remains mixed.”
A study published last month by the online journal PLOS One suggests that the substitution of marijuana for alcohol, assuming it happens, could affect crime rates as well as car crashes. Robert G. Morris and three other University of Texas at Dallas criminologists looked at trends in homicide, rape, robbery, assault, burglary, larceny, and auto theft in the 11 states that legalized marijuana for medical use between 1990 and 2006. While crime fell nationwide during this period, it fell more sharply in the medical marijuana states, even after the researchers adjusted for various other differences between states. Morris and his colleagues conclude that legalization of medical marijuana “may be related to reductions in rates of homicide and assault,” possibly because of a decline in drinking, although they caution that the extra drop in crime could be due to a variable they did not consider.
One needs to be very cautious, of course, drawing any firm conclusions based on any early research about impaired driving, car crashes, and marijuana reform. But let's imagine it does turn out generally true that legalizing medical marijuana helps produce a 10% drop in a jurisdiction's traffic fatalities. If extended nationwide throughout the US, where we have well over 30,000 traffic fatalities each and every year, this would mean we could potentially save more than 3000 innocent lives each year from nationwide medical marijuana reform. (One might contrast this number with debated research and claims made about the number of lives possibly saved by the death penalty: I do not believe I have seen any research from even ardent death penalty supporters to support the assertion that even much more robust use of the death penalty in the US would be likely to save even 1000 innocent lives each year.)
Obviously, many people can and many people surely would question and contest a claim that we could or would potentially save more than 3000 innocent lives each year from nationwide medical marijuana reform. But, for purposes of debate and discussion (and to know just how important additional research in this arena might be to on-going pot reform debates), I sincerely wonder if anyone would still actively oppose medical marijuana reform if (and when?) we continue to see compelling data that such reform might save over 50 innocent lives each and every week throughout the United States.
Cross-posted at Marijuana Law, Policy and Reform
Thursday, April 03, 2014
Months into state experiment, first death officially linked to marijuana legalization in Colorado
As reported in this Denver Post article, headlined "Denver coroner: Man fell to death after eating marijuana cookies," it appears that at least one fatality can now be directly linked to "legalized" marijuana use and abuse in Colorado. Here are the basics:
A college student visiting Denver jumped to his death from a hotel balcony after eating marijuana-infused cookies, according to a coroner's report that marks the first time authorities have publicly linked a death to marijuana since legal sales of recreational cannabis began in Colorado.
Levy Thamba, a 19-year-old student at Northwest College in Powell, Wyo., died last month at a Holiday Inn in northeast Denver. On Wednesday, the Denver coroner released a report concluding that Thamba's death was caused by "multiple injuries due to a fall from height." The coroner also listed "marijuana intoxication" from cannabis-infused cookies as a significant condition contributing to the death. The report classifies the death as an accident.
A brief summary of the investigation that was included in the autopsy report says Thamba, also known as Levi Thamba Pongi, traveled to Denver with three friends on spring break. On March 11, the report says, Thamba consumed "marijuana cookies" and "soon thereafter exhibited hostile behavior (pulling items off the walls) and spoke erratically."
"The decedent's friends attempted to calm him down and were temporarily successful," the report states. "However, the decedent eventually reportedly jumped out of bed, went outside the hotel room, and jumped over the balcony railing." Thamba and his friends were staying on the hotel's fourth floor, according to the report.
Michelle Weiss-Samaras, a spokeswoman for the coroner's office, said the office often lists alcohol intoxication as a significant contributing factor in a death — for instance, in an alcohol-related car accident. She said the office also has seen cases involving apparent marijuana-impaired driving, but she said she believes this is the first time it has listed marijuana intoxication from an edible product in such a way.
Weiss-Samaras said Thamba had no known physical or mental-health issues, and toxicology tests for other drugs or alcohol came back negative. "We have no history of any other issues until he eats a marijuana cookie and becomes erratic and this happens," she said. "It's the one thing we have that's significant."
According to the autopsy report, Thamba's marijuana concentration in his blood was 7.2 nanograms of active THC per milliliter of blood. In impaired driving cases, state law sets a standard of 5 nanograms per milliliter at which juries can presume impairment.
In January, Colorado became the first state in the country to allow people 21 and over to legally buy marijuana for any purpose from regulated stores. Weiss-Samaras said investigators believe a friend of Thamba's purchased the cookies in a recreational marijuana store. "We were told they came here to try it," she said.... It remains unclear how much of the marijuana-infused product Thamba consumed or how long after consuming it that he died.
Marijuana edibles — which account for 20 to 40 percent of overall sales, industry experts estimate — have been controversial in Colorado, and the legislature will likely take up the issue again this session. Rep. Frank McNulty, R-Highlands Ranch, said he and Rep. Jonathan Singer, D-Longmont, plan to introduce a bill as early as this week that would further cap the potency of edibles and prohibit them from being made in forms that might appeal to children.
This story is already getting coverage in national newspapers, and it will now be interesting to see whether and how opponents of marijuana reform might actively use this sad development in support of their arguments against reform efforts. Notably, at age 19, Levy Thamba was technically underage and thus his recreation marijuana use was not legal. But that fact itself reinforces the arguments of opponents of marijuana reform that legalization makes it easier and more likely that underage persons will have access and be eager to try marijuana products.
Cross-posted at Marijuana Law, Policy and Reform
Thursday, March 27, 2014
New study suggests legalizing medical marijuana may reduce violent crime
This new Washington Post piece, headlined "No, legalizing medical marijuana doesn’t lead to crime, according to actual crime stats," a notable new study provides reason to think (or at least hope) that medical marijuana reforms may actually be a crime reduction strategy. Here are excerpts from the Post posting, with links to the study being discussed:
Actual historic crime data, however, suggest there's no evidence that legalizing the drug for medicinal purposes leads to an increase in crime. In fact, states that have legalized it appear to have seen some reductions in the rates of homicide and assault.
These findings come from a nationwide study published Wednesday in the journal PLOS One (which is notable for the fact that no one seems to have done this crucial analysis before). Researchers at the University of Texas at Dallas looked at the FBI's Uniform Crime Report data across the country between 1990 and 2006, a span during which 11 states legalized medical marijuana. Throughout this time period, crime was broadly falling throughout the United States. But a closer look at the differences between these states — and within the states that legalized the drug before and after the law's passage — further shows no noticeable local uptick among a whole suite of crimes: homicide, rape, robbery, assault, burglary, larceny, and auto theft.
The robbery and burglary findings are particularly interesting, as those are the crimes we'd most likely expect to see outside of medical dispensaries. But what about the apparent declines in homicide and assault?
The researchers, Robert G. Morris, Michael TenEyck, J.C. Barnes and Tomislav V. Kovandzic, caution that this may be a mere statistical artifact of their analysis. But there's also a plausible explanation:
While it is important to remain cautious when interpreting these findings as evidence that MML reduces crime, these results do fall in line with recent evidence and they conform to the longstanding notion that marijuana legalization may lead to a reduction in alcohol use due to individuals substituting marijuana for alcohol. Given the relationship between alcohol and violent crime, it may turn out that substituting marijuana for alcohol leads to minor reductions in violent crimes that can be detected at the state level.
Their analysis controlled for other potentially confounding factors: employment and poverty rates in each state, income and education levels, age and urban demographics, per-capita rates of prison inmates and police officers, as well as per-capita rates of beer consumption (per the Beer Institute).
The results don't definitely prove that medical marijuana has no effect on crime (or that it might even reduce it). Maybe the researchers failed to account for some other crucial variable here, some common factor that further depressed crime in precisely these 11 states, precisely after the moment that each passed a medical marijuana law, masking the actual crime increase caused by the policy. Or, there's this interpretation, from the authors:
Perhaps the more likely explanation of the current findings is that [medical marijuana] laws reflect behaviors and attitudes that have been established in those societies. If these attitudes and behaviors reflect a more tolerant populace that is less likely to infringe on one another’s personal rights, we are unlikely to expect an increase in crime and might even anticipate a slight reduction in personal crimes.
Wednesday, March 26, 2014
"Cooperative Federalism and Marijuana Regulation"
The title of this post is the title of this notable new paper co-authored by Erwin Chemerinsky, Jolene Forman, Allen Hopper and Sam Kamin and now available via SSRN. Here is the abstract:
The struggle over marijuana regulation is one of the most important federalism conflicts in a generation. Since 1996 twenty states have legalized marijuana for medical purposes and, in November 2013, Colorado and Washington legalized marijuana for adult recreational use. In the fall of 2013, the federal Department of Justice (“DOJ”) announced it will not prioritize enforcement of federal marijuana laws in states with their own robust marijuana regulations, specifying eight federal enforcement priorities to help guide state lawmaking. This announcement has been widely interpreted to signal that the federal government will not enforce its stricter marijuana laws against those complying with the new Washington and Colorado laws so long as the new state regulatory regimes effectively prevent the harms the DOJ has identified as federal priorities. Yet even if the federal government voluntarily refrains from enforcing its drug laws against those complying with robust state regulatory regimes, the ancillary consequences flowing from the continuing federal prohibition remain profound. Banks, attorneys, insurance companies, and potential investors concerned about breaking federal law are reluctant to provide investment capital, legal advice, or numerous other basic professional services necessary for businesses to function and navigate complex state and local regulations. And consumers face the risk of severe legal consequences.
The Article explains why, even if it wished to do so, the DOJ could not simply shut down all state marijuana legalization efforts using the federal government’s preemption power under the Supremacy Clause. We suggest an incremental and effective solution that would allow willing states to experiment with novel regulatory approaches while leaving the federal prohibition intact for the remaining states. The federal government should adopt a cooperative federalism approach that allows states meeting specified federal criteria — criteria along the lines that the DOJ has already set forth — to opt out of the federal Controlled Substances Act (“CSA”) provisions relating to marijuana. In opt-out states certified by the Attorney General, state law would exclusively govern marijuana-related activities and the CSA marijuana provisions would cease to apply. Federal agencies could continue to cooperate with opt-out states and their local governments to jointly enforce marijuana laws, but state law rather than the CSA would control within those states’ borders. Equally important, nothing would change in those states content with the status quo under the CSA. This proposed approach embodies the best characteristics of federalism by allowing some states to experiment while maintaining a significant federal role to minimize the impact of those experiments on other states.
Sunday, March 23, 2014
"Marijuana industry finds unlikely new allies in conservatives"
The title of this post is the headline of this interesting new article in the Los Angeles Times. Here are excerpts:
Political contributors are not the only ones taking notice of the new realities of the marijuana business, said San Francisco-based ArcView Chief Executive Troy Dayton, who estimated his group would pump about $500,000 into pot this year. Officeholders and candidates now jostle for the stage at investor meetings, he said. "A little more than a year ago, it would have been worthy of a headline if a sitting politician came to talk to a cannabis group," he said. "Now they are calling us, asking to speak at our events."
No clearer example of the change exists than the industry's newest full-time lobbyist, Michael Correia. An advocate for the 300-member National Cannabis Industry Assn., he is a former GOP staffer who worked two years as a lobbyist for the American Legislative Exchange Council — the powerful conservative advocacy group that has worked with state lawmakers to block the Affordable Care Act, clean energy incentives and gun restrictions.
"People hear the word 'marijuana' and they think Woodstock, they think tie-dye, they think dreadlocks," the San Diego native said. "It is not. These are legitimate businesses producing revenue, creating jobs. I want to be the face of it. I want to be what Congress sees."
Correia doesn't like to smoke pot. It makes him sleepy, he said. And he isn't among those who have been in the trenches for years fighting for legalization. For him, the work is largely about the federal government unnecessarily stifling an industry's growth. Any conservative, he said, should be troubled when companies can't claim tax deductions or keep cash in banks or provide plants for federal medical research....
Correia's association ... recently formed an alliance with Grover Norquist, the anti-tax activist who runs Americans for Tax Reform. In the fall, Norquist stood at a news conference with a longtime nemesis, Rep. Earl Blumenauer (D-Ore.), one of the most liberal members of Congress, to promote a measure that would allow marijuana enterprises to deduct business expenses from their taxes. "Grover's view is government should not pick winners and losers," Correia said. "It is a fairness issue. This resonates with him."
The Marijuana Policy Project recently purchased a building in Washington's vibrant Adams Morgan neighborhood, complete with a rooftop deck. On a recent warm evening, it hosted its first fundraiser there for a Republican, Rep. Dana Rohrabacher of Costa Mesa. The next day, Rohrabacher noted the "evil weed" some loiterers had been inhaling outside the building: "They were smoking tobacco," he said.
Rohrabacher is a coauthor of a bill that would require the federal government to defer to state laws that allow marijuana sales. "If it was a secret ballot," he said, "the majority of my Republican friends would vote for it."
Saturday, March 22, 2014
March madness insights from the Marijuana Law, Policy & Reform blog
Continuing my habit of doing regular round ups of posts from Marijuana Law, Policy and Reform, here is just a sampling of all the exciting mid-March action in recent posts:
Thursday, March 20, 2014
ACLU of Washington State reports huge drop in low-level marijuana offense court filings after legalization initiative
As detailed in this press release, the ACLU of Washington State has some new data on one criminal justice reality plainly impacted by marijuana reform. Here are the details:
Passed by Washington voters on November 6, 2012, Initiative 502 legalized marijuana possession for adults age 21 and over when it went into effect 30 days later. New data show the law is having a dramatic effect on prosecutions for misdemeanor marijuana possession offenses in Washington courts. The ACLU of Washington’s analysis of court data, provided by the Administrative Office of the Courts, reveals that filings for low-level marijuana offenses have precipitously decreased from 2009 to 2013:• 2009 – 7964• 2010 – 6743• 2011 – 6879• 2012 – 5531• 2013 – 120
“The data strongly suggest that I-502 has achieved one of its primary goals – to free up limited police and prosecutorial resources. These resources can now be used for other important public safety concerns,” says Mark Cooke, Criminal Justice Policy Counsel for the ACLU of Washington....
Although the overall number of low-level marijuana offenses for people age 21 and over has decreased significantly, it appears that racial bias still exists in the system. An African American adult is still about three times more likely to have a low-level marijuana offense filed against him or her than a white adult.
Initiative 502 legalized possession of up to one ounce of marijuana for adults 21 and over. However, possession of more than an ounce, but no more than 40 grams, remains a misdemeanor. Exceeding the one-ounce threshold is a likely explanation for the presence of 120 misdemeanor filings against adults in 2013.
A number of folks on this blog who seem opposed to marijuana reform are often quick to (rightly) note that very few people are serving prison sentence for low-level marijuana offenses. But this data provides a notable reminder that, even in a liberal state with medical marijuana legalized, many thousands of persons can still get arrested and prosecuted for misdemeanor marijuana possession offenses unless and until a state fully legalizes marijuana possession.
If it is reasonable to estimate that it costs around $2000 to process each of these misdemeanor possession cases (which may be a conservative estimate based on some numbers crunched here), the elimination of over 5,000 pot arrests could be alone saving Washington State more than $10 million each year. That amount is perhaps not all that much money in a state with a nearly $40 billion annual budget, but it would be enough to double the monies the state spends on a state seed program called "Building for the Arts." Though my biases are showing here, I generally think citizens are likely to get a better civic return on their tax dollars when state money is spent helping to build for the arts rather than busting a few thousand potheads.
Cross posted at Marijuana Law, Policy & Reform
"Drug Dealers Aren't to Blame for the Heroin Boom. Doctors Are."
The title of this post is the provocative headline of this interesting new article from The New Republic. Here is a portion of how the piece gets started:
Heroin epidemics don’t come and go randomly, like the McRib. They have clearly identifiable causes — and in this case, by far the largest cause is doctor -prescribed pills. Every year since 2007, doctors have written more than 200 million prescriptions for opioid painkillers. (Consider that there are 240 million adults in the country.) And about four in five new heroin addicts report that they got addicted to prescription pills before they ever took heroin....
Most people who try opiates don’t get addicted. But enough do. Since 2002, the total number of monthly heroin abusers has doubled to 335,000 nationwide. Some of the addicts get the pills through a well-meaning doctor or dentist, and many others swipe leftover pills from their friends or family members. The result for an addict is the same: Once the pills or money run out, heroin is still available — and cheap. At about $10 per hit, it can be half the street cost of pills.
“We seeded the population with opiates,” says Robert DuPont, an addiction doctor who served as drug czar under Presidents Nixon and Ford and who is now a harsh critic of opiate over-prescription. The supply shock from easy access to prescription drugs has pushed heroin use out of cities and into rural and suburban and middle-class areas. Massachusetts reported a staggering 185 heroin deaths outside its major cities since November, and Peter Shumlin, the governor of Vermont, spent his entire “state-of-the-state” address talking about the nearly eightfold increase in people seeking opiate treatment there since 2000. “What started as an OxyContin and prescription-drug addiction problem in Vermont has now grown into a full-blown heroin crisis,” he said.
In addition to providing an important reminder about the dynamic (and sometimes unpredictable) intersection of medical care, drug abuse and the "war on drugs," this piece also suggests a reason why we might not want to readily assume (or trust) that the medical profession will be an effective and healthy intermediary when debating how best to reform marijuana laws and regulate the use of cannabis-based products as a pain relievers.
Friday, March 14, 2014
Who will create an astute marijuana litigation and legal practice blog?
Regular readers know that I have long covered marijuana laws, policies and reform advocacy here because I see so many crime and punishment issues intersecting with the drug war generally and criminal justice approaches to marijuana specifically. And, last year, I felt compelled to start a new blog, Marijuana Law, Policy and Reform, in part because there were so many broader issues of public policy implicated by modern marijuana reform efforts: as I have said in my marijuana seminar course description, "contemporary state-level reforms of marijuana laws have raised significant new constitutional, legal, political and practical issues; policy concerns relating to states' rights, local government law, race, gender, public health, crime, political economy, and bioethics intersect with modern marijuana law reform."
Now, as the title of this post suggests and largely thanks to some terrific guest blogging by Alex Kreit over at MLP&R, I think the time may be right for an enterprising lawyer and/or law firm to start a blog focused particularly on marijuana-related litigation and emerging legal practice issues surrounding this new industry. I say this based in part on these four new recent posts over at MLP&R which highlight the array of diverse issues and courts now dealing with dynamic marijuana-related litigation:
In this post a few months ago, I speculated that green (i.e., young/junior) lawyers may have a uniquely important role to play in the emerging marijuana green rush industry: not only may veteran lawyers be cautious and concerned about representing persons actively involved in state marijuana business, but marijuana reform often seems a "young man's game" for which junior lawyers may be uniquely positioned to be of service to persons needing legal help in this arena. Now I am thinking, based in part on the posts above, that an especially effective way for a young lawyer or small law firm to make a name here (and to learn a whole lot) would be to start blogging astutely about the emerging challenges and opportunities that surround marijuana litigation and legal practice.
Sunday, March 09, 2014
This week's review of marijuana reform news and notes
I continue to make a habit of doing a weekly round up of posts from Marijuana Law, Policy and Reform because here continue to be so many developments in that realm that ought to be of great interest to senencing fans. For example, Alex Kreit has a new post at MLP&R, Race, marijuana enforcement and legalization, which astutely observes that "though the criminalization of marijuana has disproportionately impacted people of color, it seems the emerging marijuana industry is largely white." For more discussion of this insight and others, here are links to some notable recent posts:
Thursday, March 06, 2014
Florida conservatives now talking up nuanced positions on marijuana reform
As reported in this lengthy local article, headlined "Conservative committee opens door to medical marijuana for Florida," a notable swing/southern state now has a number of notable legislators talking in notable ways about marijuana reform. Here are excerpts:
One conservative Republican who has suffered from brain cancer talked about the deceit of the federal government in hiding the health benefits of marijuana for his cancer. Another legislator reluctantly met with a South Florida family, only to be persuaded to support legalizing the drug.
Then there was Rep. Charles Van Zant, the surly Republican from Palatka who is considered the most conservative in the House. He not only voted with his colleagues Wednesday to pass out the bill to legalize a strain of marijuana for medical purposes, he filed the amendment to raise the amount of psychoactive ingredients allowed by law — to make it more likely the drug will be effective.
The 11-1 vote by the House Subcommittee on Criminal Justice, was a historic moment for the conservatives in the GOP-dominated House. It was the first time in modern history that the Florida Legislature voted to approve any marijuana-related product. “That’s because people here in Tallahassee have realized that we can’t just have a bumper-sticker approach to marijuana where you’re either for it or against it,” said Rep. Matt Gaetz, R-Shalimar, the committee chairman and sponsor of the bill after the emotional hearing. “Not all marijuana is created equally.”
The committee embraced the proposal, HB 843, by Gaetz and Rep. Katie Edwards, D-Plantation, after hearing heart-wrenching testimony from families whose children suffer from chronic epilepsy. A similar bill is awaiting a hearing in the Senate, where Senate president Don Gaetz, a Niceville Republican and Matt’s father, has said he has heard the testimony from the families and he wants the bill to pass as a first step. “Here I am, a conservative Republican but I have to try to be humble about my dogma,” Senate President Don Gaetz told the Herald/Times....
For a committee known for its dense, often tedious scrutiny of legal text, the debate was remarkable. Rep. Dave Hood, a Republican trial lawyer from Daytona Beach who has been diagnosed with brain cancer, talked about how the federal government knew in 1975 of the health benefits of cannabis in stopping the growth of “brain cancer, of lung cancer, glaucoma and 17 diseases including Lou Gehrig’s disease” but continued to ban the substance. “Frankly, we need to be a state where guys like me, who are cancer victims, aren’t criminals in seeking treatment I’m entitled too,” Hood said.
Rep. Dane Eagle, R-Cape Coral, said he had his mind made up in opposition to the bill, then changed his mind after meeting the Hyman family of Weston. Their daughter, Rebecca, suffers from Dravet’s Syndrome. “We’ve got a plant here on God’s green earth that’s got a stigma to it — but it’s got a medical value,” Eagle said, “I don’t want to look into their eyes and say I’m sorry we can’t help you,” he said. “We need to put the politics aside today and help these families in need.”
The Florida Sheriff’s Association, which adamantly opposes a constitutional amendment to legalize marijuana for medical use in Florida, surprised many when it chose not to speak up. Its lobbyist simply announced the group was “in support.” The bi-partisan support for the bill was summed up by Rep. Dave Kerner, a Democrat and lawyer from Lake Worth. “We sit here, we put words on a piece of paper and they become law,” he said. “It’s very rare as a legislator that we have an opportunity with our words to save a life.”
The only opposing vote came from Rep. Gayle Harrell, R-Stuart, an advocate for the Florida Medical Association. Her husband is a doctor. She looked at the families in the audience and, as tears welled in her eyes, she told them: “I can’t imagine how desperate you must be and I want to solve this problem for you.” But, she said the bill had “serious problems.” It allowed for a drug to be dispensed without clinical trials and absent the kind of research that is needed to protect patients from harm. “I really think we need to address this using science,” Harrell said, suggesting legislators should launch a pilot program to study and test the effectiveness of the marijuana strain. “This bill takes a step in the right direction … but it’s not quite there.”
Cross-posted at Marijuana Law, Policy and Reform
Saturday, March 01, 2014
Another review of highlights from Marijuana Law, Policy and Reform
Another week of interesting developments covered at Marijuana Law, Policy and Reform seems to justify linking to some higlights:
- 2016 Republican National Convention in Denver?
- "Preserving Welfare for Needs Not Weed Act"
- Director of NIH notes that state marijuana legalization will facilitate needed health research
- Which poses the bigger threat: Big Marijuana or Little Marijuana?
- Pat Oglesby on changing marijuana tax estimates
- "Everything is Tax" ... seems a fitting mantra for marijuana reform and policy
Thursday, February 27, 2014
Seeking a (much?) broader perspective on the modern marijuana reform movement
Today's New York Times has this notable new front-page article headlined "Pivotal Point Is Seen as More States Consider Legalizing Marijuana." Here are some excerpts:
A little over a year after Colorado and Washington legalized marijuana, more than half the states, including some in the conservative South, are considering decriminalizing the drug or legalizing it for medical or recreational use. That has set up a watershed year in the battle over whether marijuana should be as available as alcohol.
Demonstrating how marijuana is no longer a strictly partisan issue, the two states considered likeliest this year to follow Colorado and Washington in outright legalization of the drug are Oregon, dominated by liberal Democrats, and Alaska, where libertarian Republicans hold sway.
Advocates of more lenient marijuana laws say they intend to maintain the momentum from their successes, heartened by national and statewide polls showing greater public acceptance of legalizing marijuana, President Obama’s recent musings on the discriminatory effect of marijuana prosecutions and the release of guidelines by his Treasury Department intended to make it easier for banks to do business with legal marijuana businesses.
Their opponents, though, who also see this as a crucial year, are just as keen to slow the legalization drives. They are aided by a wait-and-see attitude among many governors and legislators, who seem wary of pushing ahead too quickly without seeing how the rollout of legal marijuana works in Colorado and Washington. “We feel that if Oregon or Alaska could be stopped, it would disrupt the whole narrative these groups have that legalization is inevitable,” said Kevin A. Sabet, executive director of Smart Approaches to Marijuana, which is spearheading much of the effort to stop these initiatives. “We could stop that momentum.”...
At least 14 states — including Florida, where an initiative has already qualified for the ballot — are considering new medical marijuana laws this year, according to the Marijuana Policy Project, which supports legalization, and 12 states and the District of Columbia are contemplating decriminalization, in which the drug remains illegal, but the penalties are softened or reduced to fines. Medical marijuana use is already legal in 20 states and the District of Columbia.
An even larger number of states, at least 17, have seen bills introduced or initiatives begun to legalize the drug for adult use along the lines of alcohol, the same approach used in Colorado and Washington, but most of those efforts are considered unlikely of success this year.
The allure of tax revenues is also becoming a powerful selling point in some states, particularly after Gov. John W. Hickenlooper of Colorado said last week that taxes from legal marijuana sales would be $134 million in the coming fiscal year, much higher than had been predicted when the measure was passed in 2012....
Opponents of legalization, meanwhile, are mobilizing across the country to slow the momentum, keeping a sharp eye on Colorado for any problems in the rollout of the new law there. “Legalization almost had to happen in order for people to wake up and realize they don’t want it,” Mr. Sabet said. “In a strange way, we feel legalization in a few states could be a blessing.”...
While much of the recent attention has focused on these legalization efforts, medical marijuana may also cross what its backers consider an important threshold this year — most notably in the South where Alabama, Georgia and South Carolina are among the states considering such laws....
Election data, compiled by Just Say Now, a pro-marijuana group, showed that the percentage of the vote that came from people under 30 increased significantly from 2008 to 2012 in states that had marijuana initiatives. This youth vote, predominantly Democratic, rose to 20 percent from 14 percent in Colorado, and to 22 percent from 10 percent in Washington, both far above the 1 percent rise in the national youth vote....
A narrow majority of Americans — 51 percent — believe marijuana should be legal, according to a New York Times/CBS News poll conducted last week, matching the result in a CBS News poll the previous month. In 1979, when The Times and CBS first asked the question, only 27 percent wanted cannabis legalized. There were stark differences in the new poll, though. While 72 percent of people under 30 favored legalization, only 29 percent of those over 65 agreed. And while about a third of Republicans now favored legalization, this was far below the 60 percent of Democrats and 54 percent of independents who did so....
Mason Tvert, director of communications for the Marijuana Policy Project, a leading advocate for legalizing marijuana, said campaigns were already underway to stage aggressive legalization drives in several states over the next couple of years, including Arizona, California, Maine, Massachusetts, Nevada, and possibly Montana. “It is certainly important to maintain the momentum,” Mr. Tvert said, “But I don’t think we can look at any one election cycle and see what the future holds. This is going to be a multiyear effort.”
I do not disagree with the general view that 2014 is a "watershed year" concerning discussion and debate over marijuana reform (and this was one big reason I developed a taught a seminar on the topic at my law school last Fall). But, as the title of this post highlights, I have come to believe that a much broader set of social and political forces help account for modern marijuana reform movement. The forces include, inter alia, a growing distrust of all government among both left-leaning and right-leaning opinion leaders over the last 15 years, growing evidence that the many aspects of the drug war may do more harm than some drugs, the failure of Big Pharma to provide effective pain relief (without too many side effects) to many who suffer from a range of serious medial problems, and changing labor and economic realities that change to cost/benefit realities of pot prohibition versus pot regulation.
I am happy to see the front-page of the NY Times discuss the various 2014 short-term realities that may impact marijuana reform over the next few years. But I would be especially eager to hear from readers concerning what they think are broader social and political forces that will shape these stories over the next few decades.
Cross-posted at Marijuana Law, Policy and Reform
Wednesday, February 26, 2014
Two notable new commentaries via HuffPost
Though they both both likely merit their own posts, I will have to be content on this busy hump-day afternoon to just provide links to, and recommend folks read in full, these two new commentary pieces at The Huffington Post:
From Pat Oglesby, "Marijuana Taxes: Time Will Tell"
From Mark Osler, "Narcotic Sentencing's Long Arc and Obama's Year of Action"
Monday, February 24, 2014
Attention 2016 Prez candidates: new poll says 87% in Ohio support use of medical marijuana
One of many reasons I thought Colorado's 2012 vote to legalize marijuana was such a big deal is because the Mile High state is something of a swing state in the national race for President and thus all 2016 candidate for Prez will need to have a somewhat more refined message on marijuana come the next national election than other recent candidates. Additional reasons why would-be candidates for the Oval Office need to start working on their pot platform has emerged today via this new about a new poll from the ultimate swing state:
Ohio voters overwhelmingly approve of medicinal marijuana and narrowly support same-sex marriage, according to a poll released Monday.
A Quinnipiac University poll of Ohio voters found 87 percent support the use of medical marijuana while only 11 percent oppose. Ohio voters also narrowly approve of allowing adults to possess small amounts of the drug for personal use -- 51 percent in favor, 44 percent opposed. Two medical marijuana proposals are in the works, but it's unclear whether either will collect the more-than 385,000 signatures of valid Ohio voters required to put the issue before voters in November.
Twenty states and Washington, D.C. allow for medical marijuana programs and Colorado and Washington voters gave the green light for legal recreational use in 2012. Ohio voters say Colorado's legalization is bad for the state's image, with 37 percent of those polled saying it helps the state.
Peter A. Brown, assistant director of the Quinnipiac University Polling Institute, said Ohioans' views of marijuana are complicated. "Twice as many voters think alcohol is more dangerous than marijuana, and about half the state's voters think the two are equally harmful," Brown said in a statement.
Support is strongest among voters age 18 to 29, who approve of personal marijuana use 72 percent to 25 percent, but boomers and Gen-Xers say they've tried marijuana at a higher rate than younger voters. More than half of Ohio voters -- 55 percent -- say they've never tried marijuana.
The poll surveyed 1,370 registered Ohio voters from Feb. 12-17 on land lines and cell phones, and the poll had a margin of error of plus or minus 2.7 percentage points.
For a bunch of reasons, I think all polling numbers concerning views on marijuana are subject to lots of "noise" based on how the poll questions are posed. And, of course, at least until the 2014 mid-term elections take place, it is way too early to make too many predictions about 2016 candidates and issues. Nevertheless, these latest poll numbers from Ohio reinforce my view that the 2016 Prez campaign is sure to have a lot more serious and sophisticated discussion of federal marijuana laws, policies and practices than any other election cycle in memory.
Cross-posted at Marijuana Law, Policy and Reform
Saturday, February 22, 2014
Another weekend review of news and notes from the modern marijuana movement
I have not done a round up for posts from Marijuana Law, Policy and Reform in a few weeks, so here goes:
- Is 13 years for possession of a small amount of marijuana constitutionally excessive?
- Looks like California will not be voting on marijuana legalization again until 2016
- "Inside the Anti-Pot Mindset" of one notable addiction doctor concerned with teenage marijuana use
UPDATE: This new lengthy Washington Post piece provides some historical perspective on all the modern developments discussed above. The piece is headlined "Marijuana’s rising acceptance comes after many failures. Is it now legalization’s time?," and here are its final two paragraphs:
As the rhetorical battle continues and politicians remain cautious about speaking out on marijuana, the facts on the ground are changing fast. The Cannabis Cup, an open-air marketplace the size of two football fields in the San Bernardino Valley, featured open consumption of pot-infused sodas, candies and cookies and displays of whole marijuana plants — staged with virtually no controversy.
“Generations coming up now don’t see what the big deal is,” says Brian Wansolich, 39, wearing a white coat emblazoned with the logo of his online cannabis ratings service, Leafly. “My parents still have moral problems with it, but now they see we can tax this and get states out of trouble. It’s the American way.”
Friday, February 21, 2014
How might opponents of marijuana reform want Colorado to spend its $100 million in new annual tax revenue?
The question in the title of this post is prompted by the notable tax revenue news emerging from Colorado as reported in this New York Times piece headlined "Colorado Expects to Reap Tax Bonanza From Legal Marijuana Sales." Here are the basics (with some of the existing state spending plans highlighted):
For Colorado’s new flock of recreational marijuana growers and sellers, Thursday was Tax Day — their first deadline to hand over the taxes they had collected during their inaugural month of sales. And as store owners stuffed cash into lockboxes and made the nervous trek to government offices, new budget numbers predicted that those marijuana taxes could add more than $100 million a year to state coffers, far more than earlier estimates.
The figures offered one of the first glimpses into how the bustling market for recreational marijuana was beginning to reshape government bottom lines — an important question as marijuana advocates push to expand legalization beyond Colorado and Washington State into states including Arizona, Alaska and Oregon.
In Colorado, where recreational sales began on Jan. 1 with hourlong waits, a budget proposal from Gov. John W. Hickenlooper estimated that the state’s marijuana industry could reach $1 billion in sales in the next fiscal year, with recreational sales making up about $610 million of that business. “It’s well on its way to being a billion-dollar industry,” said Michael Elliott, executive director of the Marijuana Industry Group, a Colorado trade association. “We went from 110,000 medical marijuana patients to four billion people in the world who are 21 and up.”
In the budget proposal that Mr. Hickenlooper released Wednesday, his office said the state could collect about $134 million in taxes from recreational and medical marijuana for the fiscal year beginning in July. He proposed to spend $99 million on programs including substance-abuse treatment, preventing marijuana use by children and teenagers, public health and law enforcement. “This package represents a strong yet cautious first step toward ensuring a safe and responsible regulatory environment,” Mr. Hickenlooper wrote in the proposal.
In Washington, where retail sales of marijuana are expected to begin in June, budget forecasters estimated Wednesday that marijuana could bring the state nearly $190 million in taxes for the four years beginning in the middle of 2015. That money would go to a variety of health and substance-abuse programs, and the state’s general fund. “Every governor and legislator in the country will be like, ‘Hey, check out these numbers,’ ” said Reuven Carlyle, a Democratic state lawmaker from Seattle who is chairman of the House Finance Committee.
For marijuana advocates, taxes were one of the major selling points of legalization. They have said that expanding the market for the federally prohibited plant could give states money for school construction, health care, substance-abuse programs and public health. Colorado’s legalization measure said $40 million in tax revenue would go toward school construction, and in November, voters across this otherwise tax-averse state overwhelmingly approved 25 percent taxes on recreational marijuana.
But opponents, and some skeptical economists, say the dreams of a windfall are far too optimistic. They worry that the higher costs of enforcement and regulation could outweigh any tax revenue from marijuana sales.
Officials in Colorado and Washington warned that the marijuana revenue numbers were only their best guesses for the moment and could shift, depending on marijuana prices, demand, the number of cities that prohibit marijuana retailers and other factors. In Washington, where retail sales have not begun, Mr. Carlyle said it was far too early to say how marijuana might affect the state’s pocketbook.
As this article suggests, it is likely far too early to assume that Colorado can expect to reap $100 million in extra tax revenues every year in the future. But it is now plainly not too early to start a robust discussion — in which I want marijuana reform opponents to play a leading role — about the best ways for the new state tax revenue from marijuana legalization to be used.
Given the limited evidence of success for youth drug education programs like DARE, I am not sure it is wise to invest too much of the new state money on programming to prevent marijuana use by children and teenagers. But I do think spending more money on law enforcement and public health and substance-abuse programs is a great idea, and I would expect that some very significant public safety (and other) benefits ought to be achievable with $100 million in extra tax revenues to spend on such programming.
I suspect fierce opponents of marijuana reform have a much different perspective than I have about the needs of a state like Colorado and its local communities as it move forward with its experiments in ending pot prohibition. Ergo, I am genuinely hopeful that readers deeply concerned with what is unfolding in Colorado and Washington and other states will express their views on how communities ought to be using its new tax revenues.
Tuesday, February 18, 2014
Could marijuana reforms end up making our roadways much safer?
The question in the title of this post might be a bit of foolish wishful thinking on my part, but these passages from this notable new New York Times article provides the foundation for my (undue?) optimism:
[S]cience’s answers to crucial questions about driving while stoned — how dangerous it is, how to test for impairment, and how the risks compare to driving drunk — have been slow to reach the general public. “Our goal is to put out the science and have it used for evidence-based drug policy,” said Marilyn A. Huestis, a senior investigator at the National Institute on Drug Abuse. “But I think it’s a mishmash.”
A 2007 study found that 12 percent of the drivers randomly stopped on American highways on Friday and Saturday nights had been drinking. (In return for taking part in the study, intoxicated drivers were told they would not be arrested, just taken home.) Six percent of the drivers tested positive for marijuana — a number that is likely to go up with increased availability. Some experts and officials are concerned that the campaign against drunken driving has not gotten through to marijuana smokers.
“We’ve done phone surveys, and we’re hearing that a lot of people think D.U.I. laws don’t apply to marijuana,” said Glenn Davis, highway safety manager at the Department of Transportation in Colorado, where recreational marijuana use became legal on Jan. 1. “And there’s always somebody who says, ‘I drive better while high.’ ”
Evidence suggests that is not the case. But it also suggests that we may not have as much to fear from stoned driving as from drunken driving. Some researchers say that limited resources are better applied to continuing to reduce drunken driving. Stoned driving, they say, is simply less dangerous.
Still, it is clear that marijuana use causes deficits that affect driving ability, Dr. Huestis said. She noted that several researchers, working independently of one another, have come up with the same estimate: a twofold increase in the risk of an accident if there is any measurable amount of THC in the bloodstream....
The estimate is low, however, compared with the dangers of drunken driving. A recent study of federal crash data found that 20-year-old drivers with a blood-alcohol content of 0.08 percent — the legal limit for driving — had an almost 20-fold increase in the risk of a fatal accident compared with sober drivers. For older adults, up to age 34, the increase was ninefold.
The study’s lead author, Eduardo Romano, a senior research scientist at the Pacific Institute for Research and Evaluation, said that once he adjusted for demographics and the presence of alcohol, marijuana did not statistically increase the risk of a crash. “Despite our results, I still think that marijuana contributes to crash risk,” he said, “only that its contribution is not as important as it was expected.”
The difference in risk between marijuana and alcohol can probably be explained by two things, Dr. Huestis and Dr. Romano both say. First, stoned drivers drive differently from drunken ones, and they have different deficits. Drunken drivers tend to drive faster than normal and to overestimate their skills, studies have shown; the opposite is true for stoned drivers. “The joke with that is Cheech and Chong being arrested for doing 20 on the freeway,” said Mark A. R. Kleiman, a professor of public policy at the U.C.L.A. School of Public Affairs....
Another factor is location. A lot of drinking is done in bars and clubs, away from home, with patrons driving to get there and then leaving by car. By contrast, marijuana smokers tend to get high at home....
All of these facts lead experts like Dr. Romano and Dr. Kleiman to believe that public resources are better spent combating drunken driving. Stoned driving, they say, is best dealt with by discouraging people from mixing marijuana and alcohol — a combination that is even riskier than alcohol alone — and by policies that minimize marijuana’s risk on the road.
For instance, states that legalize recreational marijuana, Dr. Kleiman said, should ban establishments like pot bars that encourage people to smoke away from home. And Dr. Romano said that lowering the legal blood-alcohol concentration, or B.A.C., to 0.05 or even 0.02 percent would reduce risk far more effectively than any effort to curb stoned driving. “I’m not saying marijuana is safe,” he said. “But to me it’s clear that lowering the B.A.C. should be our top priority. That policy would save more lives.”
My supposition based on this article that marijuana reforms could end up making our roadways much safer is a result of two potential impacts of ending pot prohibition: (1) if marijuana reform leads a number of people who would generally go get drunk at a bar to instead now just get stoned at home, the net effect will be safer roads, and (2) if enduring concerns about the impact of marijuana reform leads more policy-makers to focus on highway harms, we might see a greater effort to get much tougher on the enduring public safety disaster that is drinking and driving.
I am not expecting that we will get strong evidence that marijuana reforms end up making our roadways much safer anytime soon, but I am hopeful that researchers like Dr. Romano and Dr. Kleiman continue to stress that our modern alcohol policies and practices now impact highway safety much more than any marijuana reforms are likely to do. And, as these related recent articles also highlight, the media so far is doing a pretty good job defusing the risk of misguided reefer madness when it comes to driving under the influence:
From the Denver Post: "Colorado marijuana legalization's impact on stoned driving unknown
Cross-posted at Marijuana Law, Policy and Reform
Friday, February 14, 2014
Feds give guidance to financial institutions about providing services to marijuana-related businesses
As reported in this lengthy new Denver Post article, headlined "Feds give historic green light to banks working with marijuana businesses," today brought another remarkable and remarkably important new development in the arena of marijuana law, policy and reform. Here are the basics:
Banks were given a green light Friday to offer services to the legal marijuana industry, but must continue to report any suspicious activity specific to that industry to federal authorities.
The historic step brings marijuana businesses closer to legitimacy in states where pot is already legal, but it falls short of the legislative action many banks want to see before doing business with marijuana operators. That will be up to Congress to consider.
In a joint statement, the U.S. Department of Justice and the Financial Crimes Enforcement Network, a bureau of the U.S. Department of the Treasury, said the move gives "greater financial transparency" to an industry that remains illegal in nearly every state. It also makes clear that banks would be helping law enforcement with "information that is particularly valuable" in filing regular reports that offer insights about how marijuana businesses work.
"Law enforcement will now have greater insight into marijuana business activity generally," FinCEN said in a news release, "and will be able to focus on activity that presents high-priority concerns." Banks currently must file a suspicious activity report any time they suspect a transaction has a drug connection. Under the new guidance, banks would have three tiers of SARs specific to marijuana businesses dependent on levels of concern.... The marijuana-specific reports are either "marijuana limited," "marijuana priority," and "marijuana termination," which identifies the business as operating normally or having some measure of truly suspicious activity.
Colorado-based U.S. Attorney John Walsh said the guidance clarifies how law enforcement and banking will approach what's been a sticky issue. The "guidance seeks to mitigate the public safety concerns created by high-volume cash-based businesses without access to banking and the financial system, while at the same time ensuring that criminal organizations, gangs and drug cartels do not have access to the financial system to launder criminal proceeds," Walsh said in a statement.
Colorado and Washington are the only states to allow legal recreational marijuana sales while 20 about others allow medical marijuana. "Now that some states have elected to legalize and regulate the marijuana trade, FinCEN seeks to move from the shadows the historically covert financial operations of marijuana businesses," FinCEN director Jennifer Shasky Calvery said in a statement.... "Clearly it is possible to provide financial services to state-regulated marijuana businesses and comply with the Bank Secrecy Act requirements," the FinCEN official said.
The fledgling industry saw a lack of banking and credit card services — not all are without it, though most are — as its most serious problem, particularly because it essentially forced those businesses into a cash-only system. That made for ripe targets and worried business owners, law enforcement and patrons.
Colorado's medical marijuana industry last year contributed more than $9 million in state sales tax revenues — all of it banked at JPMorgan Chase, one of three to hold a contract for state deposits. Although JPM happily accepts state funds derived from recreational marijuana proceeds, it will not say whether the government's announcement will induce it to bank with those businesses directly.
The latest guidance, as with three previous memos issued by the Justice Department, doesn't carry the same force as law, and bankers are quick to point that out. ...
Mike Elliott, the executive director of the Marijuana Industry Group, a trade organization for cannabis stores, said his group is happy the federal government saw the need for marijuana businesses to have banking services. But Elliott said the memo shouldn't be the final word and said federal law still must be changed to give banks greater confidence in working with the industry. "These memos certainly help and provide some cover but ultimately do not solve all the problems," Elliott said. "So I think we're waiting here to see what the banks' reactions are."
The FinCEN memo is available at this link, and here is how its seven, dense pages get started:
The Financial Crimes Enforcement Network (“FinCEN”) is issuing guidance to clarify Bank Secrecy Act (“BSA”) expectations for financial institutions seeking to provide services to marijuana-related businesses. FinCEN is issuing this guidance in light of recent state initiatives to legalize certain marijuana-related activity and related guidance by the U.S. Department of Justice (“DOJ”) concerning marijuana-related enforcement priorities. This FinCEN guidance clarifies how financial institutions can provide services to marijuana-related businesses consistent with their BSA obligations, and aligns the information provided by financial institutions in BSA reports with federal and state law enforcement priorities. This FinCEN guidance should enhance the availability of financial services for, and the financial transparency of, marijuana-related businesses.
Thursday, February 13, 2014
Two physicians highlight why medical science makes it important to re-schedule marijuana
Orrin Devinsky and Daniel Friedman, two physicians at the NYU Comprehensive Epilepsy Center, provide an informative and sober discussion of medical marijuana issues and research problems in this New York Times op-ed headlined "We Need Proof on Marijuana." Here are excerpts:
Many people have heard the story of Charlotte Figi, a young girl from Colorado with severe epilepsy. After her parents began giving her a marijuana strain rich in cannabidiol (CBD), the major nonpsychoactive ingredient in marijuana, Charlotte reportedly went from having hundreds of seizures per week to only two or three per month. Previously, her illness, Dravet Syndrome, was a daily torture despite multiple high doses of powerful anti-seizure drugs.
As news of Charlotte’s story moved from the Internet to a CNN story by Dr. Sanjay Gupta to Facebook pages, some families of children with similar disorders moved to Colorado, which recently legalized marijuana, to reap what they believe are the benefits of the drug.
Dozens of other anecdotes of miraculous responses to marijuana treatments in children with severe epilepsy are rife on Facebook and other social media, and these reports have aroused outsize hopes and urgent demands. Based on such reports, patients and parents are finding official and backdoor ways to give marijuana to their children.
But scientific studies have yet to bear out the hopes of these desperate families. The truth is we lack evidence not only for the efficacy of marijuana, but also for its safety. This concern is especially relevant in children, for whom there is good evidence that marijuana use can increase the risk of serious psychiatric disorders and long-term cognitive problems.
The recent wave of state legislatures considering and often approvingmedical marijuana raises significant concerns. By allowing marijuana therapy for patients with diseases such as difficult-to-control epilepsy, are state legislatures endorsing the medical benefits and safety of a broad range of marijuana species and strains before they have been carefully tested and vetted? Marijuana contains around 80 cannabinoids (THC is the major psychoactive cannabinoid, largely responsible for the high) and more than 400 other compounds. The chemical composition of two genetically identical plants can vary based on growing conditions, soil content, parasites and many other factors.
While the language of the legislation may be cautious, there is an implied endorsement of medical benefit for marijuana when a legislature passes a bill and a governor signs it into law, and the tremendous gaps in our knowledge are not effectively conveyed to the public....
Before more children are exposed to potential risks, before more desperate families uproot themselves and spend their life savings on unproven miracle marijuana cures, we need objective data from randomized placebo-controlled trials....
Paradoxically, however, as state governments increasingly make “medical” marijuana available to parents to give to their children, the federal government continues to label the nonpsychoactive CBD — as well as THC — as Schedule 1 drugs. Such drugs are said to have “no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse.” This designation hamstrings doctors from performing controlled studies. While it is possible to study Schedule 1 drugs in a controlled laboratory setting, it is extremely difficult to study these substances in patients. For our study, we keep the CBD in a 1,200-pound safe in a locked room, in a building with an alarm system.
To foster research, we need to change compounds derived from marijuana from Schedule 1 to a less restrictive category. It is troubling that while few barriers exist for parents to give their children marijuana in Colorado, there are significant federal roadblocks preventing doctors from studying it in a rigorous scientific manner.
When patients have not been able to get successful medical treatment, and they live in a state where the law allows medical marijuana for children — we are not suggesting they smoke the drug — compassionate use is reasonable. But for the long-term health of Charlotte and other patients like her, we urgently need valid data.
Cross-posted at Marijuana Law, Policy and Reform
Wednesday, February 12, 2014
"High Times, Westword sue Colorado over marijuana ad restrictions"
The title of this post is the headline of this interesting new report on the latest notable legal frontier concerning marijuana law and reforms. Here are the basics:
The publisher of marijuana magazine High Times has sued the state of Colorado in federal court over the state’s rules preventing recreational cannabis businesses from advertising in most publications. High Times, along with local weekly magazine Westword, filed the lawsuit on Monday. It marks the first time anyone has challenged the restrictions in court.
The rules allow recreational marijuana businesses to advertise only in publications that are adult-oriented. According to the state’s rules, recreational marijuana stores can advertise only in a publication that “has reliable evidence that no more than 30 percent of the publication’s readership is reasonably expected to be under the age of 21.” There is no such restriction on medical marijuana businesses.
The lawsuit argues the rules, which also restrict television, radio and outdoor advertising, are an unconstitutional restriction of free speech. The magazines are “chilled from soliciting advertisements from prospective clients and prevented from making revenue from clients who wish to engage in advertising concerning marijuana-related products and services,” the lawsuit’s complaint states....
It is also unclear how the suit’s filing in federal court will impact the judge’s assessment of its claim that the ads concern “lawful activity,” since marijuana is illegal federally. But publications have previously had success in federal court in overturning another Colorado marijuana law — one that required marijuana-themed publications to be kept behind the counter at stores.
Cross-posted at Marijuana Law, Policy and Reform
Tuesday, February 11, 2014
If you like paternalism and hate permissive freedoms and big business...
At about the 2:20 mark of the clip linked above, Kennedy explains he is a "a good liberal Democrat" who "does not like big business" and fears that this new industry will start selling lots of products that people will want to buy with THC in it. And just after the six-minute mark, Kennedy explains that he is "worried about the future of our country" because the permissive environment created by marijuana legalization might lead to stressed kids thinking they should consider using marijuana "which might in the short run make them feel better but in the long run will cost them and our country."
Though it is dangerous easy to make fun of big government paternalists like Kennedy, I am truly sympathetic to his concerns and I am glad he is giving voice to reasonable anti-reform views. But I also think he fails to recognize (1) that big business can actually do a lot of good when incentivized to develop and market "safer" vice products that people would otherwise get from the black market, and (2) that pot prohibition (especially with its inevitable big-government criminal-justice support system) ends up costing a lot of kids in both the short run and the long run.
That all said, I am glad this debate is going on in a variety of media forums. I am also glad to see, as evidenced by this local article from Florida, that for some parents with ill kids, supporting marijuana reform is actually a better way to be paternalistic in the healthy version of that trait:
Several efforts to legalize medical marijuana are gaining momentum in both Florida and Georgia. Both Republican and Democratic lawmakers are proposing bills that would legalize a different form of cannabis, giving medical patients an alternative treatment. And in November, Floridians will be able to vote in a statewide referendum.
Medicinal marijuana has yet to gain approval from the Food and Drug Administration, and opponents argue more tests and studies need to be done proving its medical benefits. Yet there are parents willing to take a chance on this alternative form of medicine with their children, saying it's their last hope.
In December of 2013, Cathy Klein, along with thousands of volunteers worked feverishly to collect enough signatures to get medical marijuana on Florida's November ballot. Now, two months later she says, "I know in my heart it's going to be legalized." Nearly 700,000 signatures collected and validated, the decision is now in the hands of Florida voters. At the same time, state lawmakers in both Florida and Georgia are working towards finding their version of a solution for sick patients.
In Georgia HB 885, known as "Haleigh's Hope" would utilize academic medical centers in state, allowing them to study marijuana in a controlled clinical setting. Monday, Florida State Representatives Jeff Clemens and Joe Saunders held a press conference supporting the Cathy Jordan Medical Cannabis Act, which would create a medicinal marijuana program that allows access to cannabis for medical treatment. It would also regulate when and how it can be cultivated, dispensed, and used.
House Bill 843, Klein says is a light at the end of the tunnel. Her 9-year-old son Sean endures several seizures every single day. "I am very excited," said Klein. "That is our golden ticket right there. That is what we're after, is Charlotte's Web for Sean."
The measure would legalize an extract of a cannabis strain known as Charlotte's Web. Proponents say it reduces seizures in children with severe forms of epilepsy. "It makes me tear up to think about it," said Klein. "To have a day where he doesn't have seizures would be so huge."
Florida Governor Rick Scott has opposed the legalization of marijuana for medicinal purposes in state. Some opponents say it's dangerous and addictive. Still, parents like Klein say they're willing to take a chance. "I don't remember his personality anymore," said Klein about her son. "He's been on seizure medications for so long. It would just be nice to get my child back."
Sunday, February 09, 2014
Another week of news and notes via "Marijuana Law, Policy and Reform"
Another Sunday afternoon provides another opportunity to provide a sampling of some recent posts from the week just past from my Marijuana Law, Policy and Reform blog:
Tuesday, February 04, 2014
Is there a faith-based perspective on modern marijuana laws and reforms?
The question in the title of this post is prompted by this interesting article from the Washington Post headlined "Faith leaders wrestle over growing support for marijuana." Here are excerpts:
Sunday’s Super Bowl was dubbed by some as the “pot bowl,” as the Denver Broncos and Seattle Seahawks hail from the two states where fans can soon get marijuana as easily as they can get pizza. As public opinion has shifted in support of legalized marijuana, religious leaders are wrestling over competing interests, including high prison rates and legislating morality.
According to a 2013 survey from the Public Religion Research Institute, 58 percent of white mainline Protestants and 54 percent of black Protestants favor legalizing the use of marijuana. On the other side, nearly seven-in-10 (69 percent) white evangelical Protestants oppose it.
Catholics appear to be the most divided Christian group, with 48 percent favoring legalization and 50 percent opposing it. Opinions on how states should handle those who possess or sell marijuana varies among Christian leaders.
Caught in the middle of the debate are pastors, theologians and other religious leaders, torn over how to uphold traditional understandings of sin and morality amid a rapidly changing tide of public opinion.
Mark DeMoss, a spokesman for several prominent evangelicals including Franklin Graham and Hobby Lobby founder Steve Green, admits he takes a view that might not be held by most Christian leaders. “When 50 percent of our prison beds are occupied by nonviolent offenders, we have prison overcrowding problems and violent offenders serving shortened sentences, I have a problem with incarceration for possession of marijuana,” he said. “None of that’s to say I favor free and rampant marijuana use. I don’t think it’s the most serious blight on America.”
Alcohol abuse, he said, is a much more serious issue. President Obama suggested something similar to The New Yorker recently when he said that marijuana is less dangerous than alcohol.
But don’t expect pastors to start preaching in line with DeMoss, who said he has not seen much comment from religious leaders on the issue. “If a pastor said some of what I said, there would be some who would feel the pastor was compromising on a moral issue,” he said. “No one wants to risk looking like they’re in favor of marijuana. I’m not in favor, but I think we should address how high of a priority it should be.”...
Laws on marijuana have disproportionately impacted minorities, said the Rev. Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference. “There are community programs that can better engage young people than incarceration,” he said. “Many black and brown lives are destroyed because of incarceration.”...
Most Christians are still reluctant to favor legalization, Rodriguez said, since the effects of marijuana aren’t much different from getting drunk, which is a biblical no-no. “It has the ability of diluting reason, behavior, putting your guard down,” he said. “We are temples of God’s Holy Spirit, and it has the ability of hindering a clear thought process.”
Some who favor legalized marijuana liken the Christians who oppose it to be like the early 20th-century evangelicals and fundamentalists who supported a federal prohibition on alcohol. Part of a move in the Republican Party toward a loosening on marijuana legislation could be coming from people who also would sympathize with the Tea Party, said Russell Moore, head of the Southern Baptist Convention’s Ethics & Religious Liberty Commission.
“I definitely think there’s been a coalition of ‘leave us alone’ libertarians and Woodstock nation progressives on this issue of marijuana,” Moore said. “I do think there has been an effort to stigmatize those with concerns as Carrie Nations holding on to prohibition.”
Cross-posted at Marijuana Law, Policy and Reform
Sunday, February 02, 2014
Super Sunday of highlights from Marijuana Law, Policy and Reform
As some readers may already know, my Marijuana Law, Policy and Reform blog is really super interesting now that great set of guest-bloggers adding their insights and perspectives. And, as anyone who has been keeping up with the broader news the last, discussion of marijuana issues has been super dynamic with the biggest annual US sporting event involving two teams from states at the forefront of marijuana reform. So, I figured I could gear up for the big game not only with a new post at MLP&R that provides lots of Super Sunday stories about marijuana and the Super Bowl, but also with another of my usual reviews of some of recent posts from MLP&R, many of which have a football theme and many of which should also be of interest to sentencing fans:
Friday, January 31, 2014
"Football, Pain and Marijuana"
The title of this post is the headline of this notable new New York Times editorial. Here are excerpts:
In the lead-up to the Super Bowl, in which it so happens both teams hail from states that recently legalized marijuana for recreational purposes, pressure is mounting on the [NFL] to reconsider its ban. A group called the Marijuana Policy Project has even bought space on five billboards in New Jersey, where the game will take place on Sunday, asking why the league disallows a substance that, the group says, is less harmful than alcohol.
It’s a fair question. Marijuana isn’t a performance-enhancing drug, for starters, and more than 20 states have legalized it for medical purposes. The league would merely be catching up to contemporary practice by creating a medical exception.
At a news conference on Jan. 7, the league commissioner, Roger Goodell, did not rule out a change in policy. “I don’t know what’s going to develop as far as the next opportunity for medicine to evolve and to help either deal with pain or help deal with injuries,” he said, “but we will continue to support the evolution of medicine.” On Jan. 23, he said the league would “follow medicine and if they determine this could be a proper usage in any context, we will consider that.” There is, in fact, a body of evidence indicating a “proper usage”: one of particular relevance to a hard-hitting, injury-riddled sport.
“Cannabinoids,” the Institute of Medicine reported in 1999, “can have a substantial analgesic effect.” N.F.L. medical experts obviously aren’t convinced, but N.F.L. players seem to be. HBO’s “Real Sports With Bryant Gumbel” estimated in January that 50 to 60 percent of players smoked marijuana, many to manage pain.
Players, of course, have access to other painkillers, including prescription drugs. Yet as former Surgeon General Joycelyn Elders has argued, “marijuana is less toxic than many of the drugs that physicians prescribe every day.” As public opinion and state laws move away from strict prohibition, it’s reasonable for the N.F.L. to do the same and let its players deal with their injuries as they — and their private doctors — see fit.
Some recent related posts via Marijuana Law, Policy and Reform:
- NFL Commissioner open to medical marijuana as the 2014 pot playoffs continue
- "Denver, Seattle rooting for Marijuana Bowl?"
- More on Marijuana and the NFL
- "Super Bowl Attracts a Marijuana Message"
Wednesday, January 29, 2014
What are the virtues and vices of criminal justice localism ... especially with respect to pot prohibition?
The question in the title of this post is an effort to encourage input on the broader questions raised by a mini-debate that Rob Mikos and I are now having over at Marijuana Law, Policy and Reform. I started the discussion with a post suggesting advocates of marijuana reform should be pleased localities in Colorado and Washington and elsewhere can preserve pot prohibition in their community, and Rob explained why he disagreed in a subsequent post. Here are links to these posts:
Informed sentencing fans and advocates know, of course, that these local control and related localism issues are not unique to modern marijuana reform movements. Concerns about how local officials apply or resist state-wide laws are often raised in the context of (1) the death penalty, where we often see wide variations in when and how local DAs pursue capital charges, and (2) sex offender regulations, where we often see local laws limiting where registered sex offenders can live or can go.
As a general fan of criminal justice federalism and localized democracy, I often see the virtues of letting localities have some significant control over how controversial and contestable state-wide criminal justice policies get applied in individual communities. That said, I also can see the vices of letting each and every county or neighborhood adopt and enforce its own particularized criminal code. Ergo, I am interested in reader insights of the question of criminal justice localism, perhaps with special focus on marijuana reform but also with respect to other prominent modern sentencing issues as well.
January 29, 2014 in Marijuana Legalization in the States, Pot Prohibition Issues, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (1) | TrackBack
Monday, January 27, 2014
After split state Supreme Court decision, Florida becomes next state to watch closely concerning pot reform politics
As reported in this lengthy and effective Miami Herald article, which is headlined "Medical marijuana headed to Florida ballot after Supreme Court’s 4-3 decision," the Sunshine State is now the place to watch for both supporters and opponents of modern marijuana reform movements. Here are the basics:
Florida voters will decide whether to legalize marijuana for medical use, after the state Supreme Court ruled Monday that a proposed constitutional amendment won’t mislead people when they go to the polls in the Nov. 4 elections.
“Voters are given fair notice as to the chief purpose and scope of the proposed amendment, which is to allow a restricted use of marijuana for certain ‘debilitating’ medical conditions,” the court said in a 4-3 ruling that split liberals and conservatives. “We therefore reject the opponents’ assertion that the amendment ‘would allow far wider marijuana use than the ballot title and summary reveal.’”
By going to such great and explicit lengths in knocking down a core objection to the amendment, the justices dealt a serious blow to the talking points of opponents who called the measure a type of backdoor legalization that allows for “unfettered” marijuana use for minor ailments.
Leading the opposition: Attorney General Pam Bondi, state House Speaker Will Weatherford, state Senate President Don Gaetz and many conservative-leaning lobby groups based in the state Capitol. Gov. Rick Scott also opposes the medical marijuana amendment.
Democratic governor candidates Charlie Crist and Nan Rich support the amendment, as does Libertarian candidate Adrian Wyllie. The amendment draws strong bipartisan support from voters right now, according to polls, so the effect it will have on the governor’s race is debatable.
A host of polls show Florida's measure would pass right now, with one survey showing support as high as 82 percent. The most recent Public Policy Polling survey gauged voter support at 65 percent. If the amendment passes — for which it needs 60 percent of the vote — Florida would become the 21st state plus the District of Columbia to decriminalize marijuana for medical use. Marijuana remains illegal at the federal level.
The citizens’ group pushing the amendment, People United for Medical Marijuana, pointed out that the Florida Legislature, led by Republicans, has repeatedly blocked medical-marijuana efforts from even getting a hearing in the state Capitol until recently.
Opponents say medical marijuana is a first step toward legalizing marijuana in general and they opposed Florida’s measure because they said it would trick voters into legalizing pot under the guise of helping sick people. One of the most conservative members of the court, Chief Justice Ricky Polston, echoed the arguments of opponents — sure to be amplified on the campaign trail — in saying the proposal is designed to “hide the ball” from voters....
With the amendment on the ballot in the gubernatorial election year, consultants and voting experts say it's an open question about whether it will help Democrats or hurt Republicans.
Prior state constitutional amendments had no discernable impact on other statewide races. A successful 2010 anti-gerrymandering amendment pushed by liberal groups in Florida did nothing to stop conservatives from racking up historic wins that year. And a successful 2008 amendment banning gay marriage that conservatives drafted did nothing to stop President Obama and Democrats from making big gains....
Despite clearing the tall hurdles of collecting signatures and arguing the case before the Supreme Court, People United and its backers know they're in for a difficult fight. Morgan said he believes the pharmaceutical and the corrections industries might try to defeat the amendment. The Florida Sheriffs Association and the Florida Association of Chiefs of Police, which tried to stop the amendment in court, plans to step up its criticisms through the year.
“This medical marijuana initiative is a fraud that’s being perpetuated against the compassionate people of the state of Florida — it is not about helping people,”' said Polk County Sheriff Grady Judd, president of the Florida Sheriff's Association. “It’s about legalizing marijuana for recreational use.” He said anecdotal evidence from states that have passed similar provisions shows “people have been able to receive recommendations for medical marijuana for menstrual cramps, back pain, and test anxiety.”
The amendment names nine specific medical conditions: cancer, glaucoma, human immunodeficiency virus infection (HIV), acquired immunodeficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease and multiple sclerosis. But physicians could recommend marijuana for other ailments if, after conducting an examination, they determine cannabis would help patients more than it would hurt them.
To opponents, that last clause allowing for medical marijuana in unspecified cases was a major loophole that could allow the “unfettered” prescribing of the drug. In at least two states — Washington and Colorado — the legalization of medical marijuana was a precursor to outright marijuana decriminalization. In both cases, voters decided the laws. Unlike Florida, those states don’t require super-majority votes of the citizenry to pass laws.
Recent state and national polls have shown that support for medical marijuana has increased, as well as support for complete legalization of cannabis. If the amendment passes, qualifying patients and doctors would receive instant protection from prosecution or punishment in most cases. But the Department of Health has six to nine months to make rules governing finer points of the program. The amendment does not give people permission to grow marijuana.
As support increased and People United showed signs of success, state lawmakers began giving more consideration to proposal for limited of medical cannabis, after years of quashing discussion of the issue. That limited proposal is aimed at a niche strain of marijuana called “Charlotte’s Web” that contains a low level of high-inducing THC and a stronger level of a substance called CBD, which parents and physicians say helps prevent severe epileptic attacks, especially in children.
But that legislative proposal, which is being resisted by some Republican leaders, is far more limited in scope than the proposed constitutional amendment. After repeatedly sponsoring medical-marijuana proposals in the Legislature, state Rep. Katie Edwards, D-Plantation, recently joined with Republican Rep. Matt Gaetz — the Senate president’s son — to push the Charlotte’s Web proposal.
The full Supreme Court of Florida ruling on the ballot initiative than was handed down today runs 84 pages and can be accessed at this link.
Thursday, January 23, 2014
"How Colleges Are Preparing Students for a Country Where Pot Is Legal"
The title of this post is the headline of this notable new article appearing in The Atlantic. I am pleased that my law school seminar, Marijuana Law, Policy and Reform, is discussed in the piece, and I am even more pleased to learn from the article that at least one other law school is now innovating in this interesting new legal space:
Professors who found an intersection between the cannabis issue and their own area of study are not the only ones pushing to introduce cannabis to higher education. Rehman Bhalesha, a South Texas College of Law student, approached the dean about wanting to establish a drug policy institute at the law school that concentrated on the legalization of cannabis. Instead, the school started a collaboration with Rice University's Baker Institute, which already focused on drug policy. The first class at South Texas College of Law, which covered cannabis legislation, was taught last spring semester. It is offered again this semester.
“Internally, the administration is really thrilled about it because it’s something innovative. And the students are excited because they get to feel like they’re putting their legal knowledge to use and to do something that might have a lasting impact in the real world. They’re not just taking exams and doing make-believe projects. We’re taking what they draft and turning it over to people who have been approached by state legislators asking for ideas,” said Dru Stevenson, the professor who teaches the legislation course.
Students in the legislation class have a range of personal feelings about cannabis. Some feel all drugs should be legalized, others think cannabis should be legalized for medical purposes only, while a few others think all drugs are bad. But Stevenson said even those who think no one should ever consume cannabis recognize the trend toward relaxing cannabis laws from a historical perspective.
“I teach a lot of courses, but I’ve never had one where people were emailing me months in advance wanting to make sure that I’m going to be offering the course and wishing they could reserve a seat ahead of time,” Stevenson said.
Cross-posted at Marijuana Law, Policy and Reform.
Tuesday, January 21, 2014
Lots of new talk about lots of new stufff to talk about at "Marijuana Law, Policy and Reform"
As some readers may already know, my Marijuana Law, Policy and Reform blog is really humming now as a great set of guest-bloggers adding their insights and perspective in that space have been providing lots more original commentary to that blog, a lot of which should be of continuing interest to sentencing fans. Here is a sampling of some of the new posts from just the past week:
HBO’s acclaimed Real Sports with Bryant Gumbel returns on Tuesday (10 p.m. ET/PT) with a closer look at marijuana use in the NFL....
The enlightening feature, reported by correspondent Andrea Kremer and produced by Chapman Downes, includes interviews with former NFL tight end Nate Jackson (Broncos 2003-2008); former NFL punter Chris Kluwe (Vikings 2005-2012); NFL Senior Vice President of Law and Labor Policy Adolpho Birch; Dr. Raphael Mechoulam of Hebrew University of Jerusalem; and former NFL player Daniel Davis (Real Sports happened to run into him at a Denver area dispensary while they were filming the segment).
According to the HBO report, players estimate that between fifty and sixty percent of today’s NFL players smoke pot. Former Broncos tight end Nate Jackson spoke candidly about self-medicating with marijuana during his playing days in Denver. “I weeded as needed,” Jackson told Kremer. “For me, personally, [marijuana as a painkilling alternative is] very viable. I prefer it. Marijuana was something that helped me, as the season wore on my body would start to break down. I was in a lot of pain.”
The Real Sports report also found that players prefer marijuana for pain management over opiate-based painkillers like Vicodin and Oxycodone which are legal and regularly prescribed by NFL team physicians to help players deal with the inevitable pain and injuries that result from the physically brutal sport.
“For a lot of guys, they see what happens with the older generation of players and how a lot of those guys got addicted to pain pills,” former NFL punter Chris Kluwe told Kremer. “You know - they have alcohol problems. And they're like, ‘Well, you know, is there an alternative? Is there something else we can do?’ And marijuana is an alternative.”...
Beyond pain management and relief, the Real Sports report also explores another potential benefit of marijuana -- effective treatment of traumatic brain injuries (another issue Real Sports has reported on for several years). Nate Jackson discussed his use of marijuana to help ease concussion symptoms after a blow to his head and neck knocked him out of the second to last game of his career. “The weed helped me,” Jackson told Kremer.
Kremer interviewed Dr. Raphael Mechoulam of Hebrew University of Jerusalem, the doctor who discovered THC in 1964 and who has spent the last 50 years studying marijuana. Mechoulam has researched marijuana’s efficacy in relieving not only chronic pain and inflammation but how traumatic brain injuries in mice react to marijuana. Dr. Mechoulam allowed Real Sports to film his team in action as it worked with injured mice. The results are remarkable.
Monday, January 20, 2014
Fittingly for MLK day, Prez Obama laments class and race disparities from pot prohibition
I am intrigued and pleased to see that the New Yorker has just released this very lengthy article profiling President Obama that has a very interesting small section with quotes from the President concerning modern marijuana policies and reform. Though I expect to cover various aspects of what Prez Obama said a lot more over at Marijuana Law, Policy and Reform in the week ahead, these comments should be of special interest to sentencing fans:
What clearly does trouble him is the radically disproportionate arrests and incarcerations for marijuana among minorities. “Middle-class kids don’t get locked up for smoking pot, and poor kids do,” he said. “And African-American kids and Latino kids are more likely to be poor and less likely to have the resources and the support to avoid unduly harsh penalties.” But, he said, “we should not be locking up kids or individual users for long stretches of jail time when some of the folks who are writing those laws have probably done the same thing.” Accordingly, he said of the legalization of marijuana in Colorado and Washington that “it’s important for it to go forward because it’s important for society not to have a situation in which a large portion of people have at one time or another broken the law and only a select few get punished.”
As is his habit, he nimbly argued the other side. “Having said all that, those who argue that legalizing marijuana is a panacea and it solves all these social problems I think are probably overstating the case. There is a lot of hair on that policy. And the experiment that’s going to be taking place in Colorado and Washington is going to be, I think, a challenge.”
As the title of this post highlights, I think it is valuable and fitting that news of the President of the United States making these points hits the papers on the weekend we honor the work and legacy of Dr. Martin Luther King. As students of history know, Dr. King was concerned about economic inequallity as well as racial inequality, and I think the stories of modern pot prohiibition reflect both. More broadly, as I highlight in a new post over at my other blog, titled MLK marijuana mash-up: "I Have A Dream..." we are free at last from pot prohibition, I think MLK's most famous exhortations about freedom and equality are useful to consider at this unique moment of marijuana reform debates.
Some related recent posts (mostly from MLPR):
- Is pot already really legal for middle-aged white folks?
- Do (and should) marijuana reform advocates consider themselves civil rights activists like MLK?
- Did Louisiana really give Corey Ladd "20 years hard labor" for possessing less than an ounce of marijuana?
- The Nation talks up "Dope and Change" and explains "Why It’s Always Been Time to Legalize Marijuana"
Thursday, January 16, 2014
Sincere marijuana reform question: exactly what are DEA officials "scared" of?
The question in the title of this post, which I am now posting to all the blogs in which I now participate, is my sincere reaction to this new Washington Post article headlined "DEA operations chief decries legalization of marijuana at state level." Here is the context:
The chief of operations at the Drug Enforcement Administration on Wednesday called the legalization of marijuana at the state level “reckless and irresponsible,” warning that the movement to decriminalize the sale of pot in the United States will have severe consequences.
“It scares us,” James L. Capra said, responding to a question from a senator during a hearing focused on drug cultivation in Afghanistan. “Every part of the world where this has been tried, it has failed time and time again.”
Capra’s comments marked the DEA’s most public and pointed criticism of the movement toward decriminalization in several states, where local officials see it as an opportunity to generate tax revenue and boost tourism....
Capra said agents have watched the early days of legal marijuana sales in Colorado with dismay. “There are more dispensaries in Denver than there are Starbucks,” he said. “The idea somehow people in our country have that this is somehow good for us as a nation is wrong. It’s a bad thing.”
Capra said that senior DEA officials have faced uncomfortable questions from law enforcement partners abroad. During a recent global summit on counter-narcotics in Moscow, he said, he and the head of the DEA were at a loss to explain the loosening drug laws. “Almost everyone looked at us and said: Why are you doing this [while] pointing a finger to us as a source state?” he said. “I don’t have an answer for them.”...
Capra said he worries about the long-term consequences of the national mood on marijuana, which law enforcement experts call a gateway to more dangerous drugs. “This is a bad experiment,” he said. “It’s going to cost us in terms of social costs.”
Let me begin by saying I respect all those who work in the DEA and other law enforcement agencies dealing with illegal drug issues, and I am certain all those who do this work have much more first-hand knowledge of the myriad harmful social costs of drug use and abuse than I ever will. But it is for that very reason that I ask this question about exactly what has DEA officials "scared": I sincerely want a much better understanding of what "social costs" of reform are being referenced here so that I can better assess for myself how I think these potential "social costs" of state-level marijuana reform stack up to the existing "social costs" I see due to current pot prohibition laws and norms.
That said, I think I might be able to help DEA officials avoid "being at a loss" to explain loosening drug laws in the US to their international friends in Moscow or elsewhere. Here is what I suggest DEA officials say: "The United States of American is an exceptional nation that, in President Lincoln's words, was "conceived in Liberty" and its citizens recently have become ever more skeptical about the growth of government's coercive powers and ever more concerned about paying high taxes for government programming perceived to be ineffectual. Thus, just as the people of America were the first to experiment seriously with a constitutional democracy (which has worked out pretty well), now some of the people of America are eager to experiment seriously with a regime of marijuana regulation rather than blanket prohibition."
This account of why polls show ever greater support for marijuana legalization is my sincere understanding of why so much drug reform activity is going on now in the United States. The current "Obama era" is defined by a period of relatively tight budgets, relatively low crime, and yet still record-high taxing-and-spending in service to criminal justice programming. These realities, especially in the wake of the Tea Party movement and other notable libertarian responses to the enormous modern growth of state and federal governments, have more and more Americans thinking we should be open to experimenting with a regime of marijuana legalization and regulation rather than blanket prohibition.
It is quite possible, as the DEA official suggests, that "this is a bad experiment." But even if it is, the experiment does not "scare" me, in part because I have a hard time fully understanding what potential increased social costs should make me or others truly "scared." More importantly, I have enormous confidence that, if the social costs of marijuana reform prove to be significant, the American people will realize pot reform is "a bad experiment" and will again change its laws accordingly. Indeed, this is precisely the experiences we have seen with our legal experiments with other drugs throughout American history:
roughly 100 years ago, we experimented with national alcohol Prohibition, but thereafter discovered this was bad experiment due to a variety of social costs, and then went back to a regulatory regime for this drug, and have in more recent times kept tightening our regulatory schemes (e.g., raising the drinking age from 18 to 21), as drunk driving and other tangible social costs of alcohol misuse have become ever more evident;
roughly 50 years ago, we experimented with nearly everyone have easy access to, and smoking, tobacco nearly everywhere, but thereafter discovered this was bad experiment due mostly to health costs, and then have been on a steady path toward ever tighter regulation and localized prohibition (e.g., The Ohio State University just became a tobacco-free campus), as lung cancer and other health costs of tobacco use have become ever more evident.
I emphasize these historic examples of American drug experimentation because it is certainly possible to lament the harms produced along the way or the enduring "social costs" of having tobacco and/or alcohol still legal. But it is also possible to conclude, as I do, that what makes America both great and special — dare I say exceptional — is that we persistently maintained our fundamental commitments to freedom, democratic self-rule and the rule of law throughout these experiments. Consequently, this modern era's new round of American drug experimentation has me excited and intrigued to watch unfold the next chapter of the American experience, and I am not "scared" by the marijuana reform movement because they it strikes me as a further vindication of our people's fundamental commitments to freedom, democratic self-rule and the rule of law.
But maybe I am just way too high on the idea of American exceptionalism to have a sensible and sober understanding off all the potential harms and "social costs" that are apparently scaring DEA officials. And, as I said above, I readily acknowledge that all those who work on the front lines of the drug war have much more first-hand knowledge of the myriad harmful social costs of drug use and abuse than I ever will. But, again, that it why the question in the title of this post is sincere: I genuinely and really want to have a much better understanding of what has DEA officials "scared" so that I can sensibly temper my excitement and optimism about modern marijuana reforms.
I fear that responses to this post could become snarky or ad hominem real quickly, but I hope all readers will tap into the spirit of my inquiry and really try to help me understand just what potential social costs of modern marijuana reform could lead those in the know to be "scared" as the quote above suggests. And I am posting this query in all five blogs I work on these days because I am eager to get wide input and as many diverse insights on this question as possible.