Our friends at High Times (and former NORML director Dr. Jon Gettman) are running an online poll asking for consumers’ choice regarding the preferred marijuana distribution that emerges post-prohibition.
Legal Marijuana: Which Market Do You Prefer?
As we approach the new inevitability of legalized cannabis, three models have been proposed for a national marijuana market.
By Jon Gettman
In the past, the goal of marijuana legalization was simple: to bring about the end of federal prohibition and allow adults to use the plant without threat of prosecution and imprisonment. But now that legalization is getting serious attention, it’s time to examine how a legal marijuana market should operate in the United States.
Below are descriptions of the three kinds of legal markets that have emerged from various discussions on the subject. We would like to know which one you prefer.
First, though, let’s touch on a few characteristics that all of these proposals share. In each one, the market has a minimum age for legal use, likely the same as the current age limits for alcohol and tobacco. In each of these legal markets, there will be penalties for driving while intoxicated, just as with alcohol use. You can also assume that there will be guaranteed legal access to marijuana for medical use by anyone, regardless of age, with a physician’s authorization. The last characteristic shared by all three mar- kets is that there will be no criminal penalties for the adult possession and use of marijuana.
Under this approach, there would be no commercial marijuana market allowed. Marijuana would be grown and processed for sale under government contracts, supervised and/or managed by a large, government-chartered nonprofit organization. Marijuana would be sold in state-run retail outlets (similar to the state-run stores that have a monopoly on liquor sales in places like Mississippi, Montana and Vermont, among others), where the sales personnel will be trained to provide accurate information about cannabis and its effects. Products like edibles and marijuana-infused liquids with fruity flavors would be banned out of a concern that they can encourage minors to try the drug. There would be no advertising or marketing allowed, and no corporate or business prof- its. Instead, the revenue earned from sales would pay for production costs and the operation of the state control organization; the rest of the profits would go to government-run treatment, prevention, education and enforcement programs. Regulations would be enforced by criminal sanctions and traditional law enforcement (local, state and federal police). No personal marijuana cultivation would be allowed. The price of marijuana would remain at or near current levels in order to discourage underage use.
Limited Commercial Market
Under this approach, the cultivation, processing and retail sale of marijuana would be conducted by private companies operating under a limited number of licenses issued by the federal government. Advertising and marketing would be allowed, but they would be regulated similar to the provisions governing alcohol and tobacco promotion. Taxation would be used to keep prices at or near current levels in order to discourage underage use. Corporate profits would be allowed, and tax revenues would be used to fund treatment, prevention, education and enforcement programs. Regulations would be enforced by criminal sanctions and traditional law enforcement (local, state and federal police). No personal marijuana cultivation would be allowed.
Regulated Free Market
Under this approach, entrepreneurs would have open access to any part of the marijuana market. Cultivation, processing and retail operations could be legally undertaken by anyone willing to bear the risks of investment and competition. Advertising and marketing would be allowed, but they would be regulated similar to the provisions governing alcohol and tobacco promotion. Prices would be determined by supply and demand, with taxation set at modest levels similar to current taxes on alcohol, tobacco and gambling. (These vary widely from state to state, but assume that under this model, the price of marijuana would be substantially lower than it is in the current market.)
Also, home cultivation would be allowed. Licenses may be required for any sort of cultivation, but these would be for registration purposes only and subject to nominal fees based on the number of plants involved. Individuals and corporations would be allowed to make whatever profits they can through competition. Tax revenues would fund treatment, prevention, education and enforcement programs. Competition and market forces would structure the market rather than licenses or government edicts, and regulatory agencies rather than law enforcement would supervise market activity.
A Different Approach
There are two key issues when it comes to deciding among these proposals. First, should the price of marijuana be kept high through government intervention in order to discourage underage use as well as abuse? Second, does commercialization translate into corporate money being spent to convince teenagers to use marijuana? Many of the proposals for how a legal market should operate are based on assumptions about these two issues, which leads to recommendations that the government must, one way or another, direct and control the marijuana market.
Obviously, the first two proposals outlined above reflect those very concerns. The third takes a different approach, in which marijuana is treated like similar psychoactive commodities, and the public relies on education, prevention and age limits to discourage underage use as well as abuse.
We want to know what type of legal marijuana market you prefer. Please take part in our poll on the HIGH TIMES website.
An estimated 70 percent of physicians acknowledge the therapeutic qualities of cannabis and over half believe that the plant should also be legal for medical purposes, according to survey data released this week by WebMD/Medscape.
Sixty-nine percent of respondents say that cannabis can help in the treatment of specific diseases and 67 percent say that the plant should be available as a legal therapeutic option for patients.
Oncologists and hematologists were most likely to express support for the use of cannabis for medical purposes, with 82 percent of those surveyed endorsing the plant’s therapeutic use. Rheumatologists (54 percent) were least likely to say the cannabis provides therapeutic benefits.
Over 1,500 physicians representing more than 12 specialty areas participated in the survey which possesses a margin of error of +/- 2.5 percent.
Seventy-five percent of Americans believe that the sale and use of cannabis will eventually be legal for adults, according to national polling data released this week by the Pew Research Center. Pew pollsters have been surveying public opinion on the marijuana legalization issue since 1973, when only 12 percent of Americans supported regulating the substance.
Fifty-four percent of respondents say that marijuana ought to be legal now, according to the poll. The total is the highest percentage of support ever reported by Pew and marks an increase of 2 percent since 2013. Forty-two percent of respondents said that they opposed legalizing marijuana for non-therapeutic purposes. Only 16 percent of Americans said that the plant should not be legalized for any reason.
Demographically, support for cannabis legalization was highest among those age 18 to 29 (70 percent), African Americans (60 percent), and Democrats (63 percent). Support was weakest among those age 65 and older (32 percent) and Republicans (39 percent).
Seventy-six percent of those surveyed oppose incarceration as a punishment for those found to have possessed personal use quantities of marijuana. Only 22 percent of respondents supported sentencing marijuana possession offenders to jail.
Fifty-four percent of those polled expressed concern that legalizing marijuana might lead to greater levels of underage pot use. (Forty-four percent said that it would not.) Overall, however, respondents did not appear to believe that such an outcome would pose the type of significant detrimental health risks presently associated with alcohol. As in other recent polls, respondents overwhelmingly say that using cannabis is far less harmful to health than is drinking alcohol. Sixty-nine percent of those polled said that alcohol “is more harmful to a person’s health” than is marijuana. Only 15 percent said that cannabis posed greater health risks. Sixty-three percent of respondents separately said that alcohol is “more harmful to society” than cannabis. Only 23 percent said that marijuana was more harmful.
The Pew poll possesses a margin on error of +/- 2.6 percent.
Commenting on the poll, NORML Deputy Director Paul Armentano said: “Advocating for the regulation of cannabis for adults is not a fringe political opinion. It is the majority opinion among the public. Elected officials who continue to push for the status quo — the notion that cannabis ought to be criminalized and that the consumers of cannabis ought to be stigmatized and punished — are holding on to a fringe position that is increasingly out-of-step with the their constituents’ beliefs.”
Alaska: Election Officials Affirm Legalization Measure Has Enough Signatures To Qualify For The 2014 BallotFebruary 5, 2014
State election officials have affirmed that a proposed initiative to regulate the production and retail sale of cannabis to adults has obtained the necessary number of signatures from registered voters to appear on 2014 ballot.
The initiative’s proponents, The Campaign to Regulate Marijuana in Alaska, gathered more than 45,000 signatures from registered Alaska voters. On Tuesday, the director of the Alaska’s Division of Elections confirmed that of those signatures, 31,593 have been verified, thus qualifying the measure for a public vote. The lieutenant governor’s office is expected to certify the measure for the 2014 ballot in the coming days, once all of the remaining signatures have been counted and verified.
Once certified, the initiative will be placed on the August 19 primary election ballot, as is required by Alaska election law.
If approved by voters, the measure would legalize the adult possession of up to one ounce of cannabis as well as the cultivation of up to six-plants (three flowering) for personal consumption. The measure would also allow for the establishment of licensed, commercial cannabis production and retail sales of marijuana and marijuana-infused products to those over the age of 21. Commercial production and retail sales of cannabis would be subject to taxation, but no taxes would be imposed upon those who choose to engage in non-commercial activities (e.g., growing small quantities of marijuana for personal use and/or engaging in not-for-profit transfers of limited quantities of cannabis.) Public consumption of cannabis would be subject to a civil fine.
The measure neither amends the state’s existing medical marijuana law, which was approved by voters in 1998, nor does it diminish any privacy rights established by the state’s Supreme Court in its 1975 ruling Ravin v State.
Under present state law, the possession of marijuana not in one’s residence is classified as a criminal misdemeanor punishable by up to 90-days in jail and a $2,000 fine.
According to the results of a statewide Public Policy Polling survey, released today, 55 percent of registered voters “think (that) marijuana should be legally allowed for recreational use, that stores should be allowed to sell it, and that its sales should be taxed and regulated similarly to alcohol.” Only 39 percent of respondents oppose the idea. The survey possesses a margin of error of +/- 3.4 percent.
Additional information about the campaign is available here.
#1 Public Support For Legalizing Marijuana Hits Historic Highs
An unprecedented 58 percent of Americans believe that marijuana ought to be “made legal” for adult consumption, according to survey data reported in October by Gallup. The percentage is the highest level of support ever recorded by Gallup, which has been inquiring on the issue since 1969, and marks a ten percent increase in voter approval since 2012. Regional polls conducted this year in several states, including California, Louisiana, and Texas, also reported majority support for legalization.
#2 Nation Of Uruguay Passes Legislation Regulating Cannabis Use
Lawmakers in the South American nation of Uruguay enacted legislation authorizing the licensed production and retail sale of cannabis to all citizens age 18 and older. Residents will be able to legally purchase up to 40 grams of cannabis per month from state-licensed stores at a price of $1 per gram. Uruguay is the first country in modern history to officially legalize and regulate the licensed production and retail sale of cannabis.
#3 Feds Pledge Not To Interfere In State-Licensed Retail Sales Of Cannabis
Deputy Attorney General James Cole issued a three-page memorandum in August affirming that the US Justice Department will allow Colorado and Washington to move forward with statewide efforts to license and regulate the adult marijuana market. Cole later reaffirmed the agency’s position in testimony before the US Senate, stating, “We will not … seek to preempt state ballot initiatives.”
#4 States Finalize Regulations Governing Adult Cannabis Sales
Regulators in Colorado and Washington this fall began accepting applications from businesses seeking to engage in the licensed cultivation, production, and retail sale of cannabis and cannabis-infused products. In Washington, several thousand applicants have applied to pot business licenses. In Colorado, regulators have begun approving licenses and several commercial establishments are expected to be open for business on January 1, 2014.
#5 Record Number Of Statewide Marijuana Reform Measures Enacted Into Law
Lawmakers in a dozen states approved some 20 pieces of marijuana law reform legislation in 2013. Specifically, lawmakers in Colorado and Vermont enacted legislation licensing commercial hemp production; Illinois and New Hampshire legalized the use and distribution of marijuana for medical purposes; Oregon and Nevada approved regulations allowing for the establishment of medical cannabis distribution facilities; and Oregon and Vermont significantly reduced marijuana possession penalties.
#6 Cannabis Dispensaries Open In Washington, DC
Medical cannabis facilities opened for business in Washington, DC in 2013. The establishments are licensed and regulated by the District of Columbia, which finally unveiled its long-awaited medical marijuana program earlier this year. State-authorized dispensaries also opened for the first time this year in New Jersey, Rhode Island, and Vermont. Lawmakers in four states, Illinois, Oregon, Nevada and New Hampshire, enacted legislation in 2013 allowing for the establishment of medicinal cannabis facilities.
#7 Study: Blacks Arrested For Pot Offenses At Rates Four Times That Of Whites
African Americans are far more likely to be arrested for marijuana possession offenses than are whites, according to an American Civil Liberties Union (ACLU) report released in June that analyzed arrest data from 945 counties nationwide. The report found that blacks were approximately four times as likely as whites to be arrested for marijuana possession in 2010, even though both ethnicities consumed the substance at similar rates. Authors reported that the racial disparity in arrest rates had grown significantly over the past decade and that in some states African Americans were nearly eight times as likely as whites to be arrested for cannabis possession.
#8 FDA Approves Clinical Trials Of CBD In Cases Of Pediatric Epilepsy
The US Food and Drug Administration this fall granted approval for the importation of cannabidiol (CBD) extracts as an experimental treatment for a rare, intractable form of pediatric epilepsy known as Dravet syndrome. Preliminary clinical trials assessing the safety and tolerability of the compound in children are scheduled to begin in early 2014. Cannabidiol is a non-psychoactive cannabinoid that has been documented to possess a variety of therapeutic qualities, including anti-inflammatory, anti-diabetic, anti-epileptic, anti-cancer, and bone-stimulating properties.
#9 Study: No Association Between Cannabis Smoking And Lung Cancer
Subjects who regularly inhale cannabis smoke possess no greater risk of lung cancer than do those who consume it occasionally or not at all, according to data presented in May at the annual meeting of the American Academy for Cancer Research. UCLA investigators analyzed data from six case-control studies, conducted between 1999 and 2012, involving over 5,000 subjects (2,159 cases and 2,985 controls). They reported, “Our pooled results showed no significant association between the intensity, duration, or cumulative consumption of cannabis smoke and the risk of lung cancer overall or in never smokers.”
#10 Members Of Congress Introduce Legislation To End Federal Pot Prohibition
Members of Congress in February introduced historic legislation, HR 499: The Ending Federal Marijuana Prohibition Act, to remove cannabis from the control of the Drug Enforcement Administration and authorize the US Department of Treasury to license state-authorized retail marijuana producers and distributors. Although Congress refused to vote on the measure in 2013, it was the most-viewed legislation on the Congress.gov website.