Marijuana laws are pretty straightforward in Washington.
In 2012, Washington was the second state to legalize recreational
marijuana. Now, the state plans to revamp its marijuana laws.
Washington plans to revamp its marijuana regulations
On Wednesday, an AP News
article discussed how officials in Washington state want to overhaul
the state’s marijuana industry rules. Notably, revamping the regulations
aims to boost the minority ownership of marijuana businesses. Also, the
state wants home delivery of medical cannabis and small size cannabis
growers to expand operations.
In an AP News
article, Liquor and Cannabis Board Director Rick Garza discussed the
two new proposals aligned with the “Cannabis 2.0” project. Cannabis 2.0
is Washington’s attempt to show what the legal marijuana market will
look like in the next five years.
Who will the change help in Washington?
The
first bill introduces a statewide “social equity” program. The program
will help boost minority ownership of marijuana businesses. The board plans to issue
new licenses to business owners who are members of a “protected class”
under state anti-discrimination law. According to AP News, the board
said, “Part of the rationale of legalizing marijuana in Washington State
in 2012 was to remedy the disproportionate effect the drug war has had
on people of color, but minority ownership of cannabis businesses in the
state remains paltry.”
Washington also plans to introduce another
proposal that could help struggling Tier 1 producers expand. Currently,
Tier 1 farms are limited to 2,000 square feet of plants. The bill would
allow them to sell their medical-grade cannabis products directly to the state’s 36,000 registered marijuana patients. Garza said that growers could earn incentives to offer a more medically compliant product.
There
could be a rift between growers and other licensed retailers.
Therefore, the board plans to consider industry feedback and act
accordingly. The board also plans to help small growers expand from
2,000 to 5,000 square feet and eventually 8,000 square feet.
Ongoing marijuana issues
Back in January, Garza spoke at the Cannabis Collaborative Conference in Portland
about allowing small cannabis farmers to sell directly to consumers.
During the conference, he spoke about upcoming changes to tackle small
farmers’ financial difficulties. Lack of vertical integration in the
market seemed to be the issue. Also, oversupply hindered marijuana companies.
Larger picture
I
think that the change in marijuana regulations in Washington is meant
to look at the larger picture. The industry is still evolving. Although
marijuana is legal and decriminalized in various states, it’s still
illegal at the federal level. Seeing the benefits of marijuana use at
the state level could help the legalization decision at the federal
level. A boost to the marijuana industry could generate higher tax
revenues and job growth for the economy.
Now, more Americans support legalizing marijuana. A Gallup article in June discussed how 86% of Americans favor legalization due to medical benefits.
The
White House is also inclined to legalize marijuana. We discussed how
White House officials want more research on marijuana use. Read Marijuana Legalization: Is the White House Warming Up? to learn more. Officials think that more information is needed about the benefits of marijuana before federal legalization.
Many Democratic presidential candidates also support marijuana legalization. Democrats including Kamala Harris, Joe Biden, Bernie Sanders, and Beto O’Rourke have expressed their views. We’re still waiting for President Trump’s views. However, marijuana legalization could spark his reelection campaign.
Importance of regulations in the cannabis industry
In
the past, we have discussed the importance of a regulated cannabis
market. Regulations keep scandals in check and also protect cannabis
companies’ reputation. Violations
impact a company’s revenues, earnings, and stock performance. Recently,
we saw how violations took a toll on some of the companies.
Curaleaf (CURLF) received a warning letter from the FDA about promoting unapproved CBD-based products.
The company reported mixed results and saw its stock rise on Wednesday.
Curaleaf reported a second-quarter loss of 5 cents per share and missed
the estimates. However, the company beat the revenue estimates and
reported a positive adjusted EBITDA. The stock rose 5.9% on Wednesday.
CannTrust (CTST) (TRST)
violated Health Canada regulations in July. Health Canada seized five
metric tons of CannTrust’s marijuana. The marijuana was being grown in
unlicensed rooms. Due to the violations, KPMG withdrew its audit report for the company, according to a Reuters report
last month. Since senior executives knew about the scandal issues, they
had to leave the company.
CannTrust stock suffered due to the
violations.
HEXO (HEXO)
dealt with scandal rumors. While Curaleaf has fallen 14.1% in August,
CannTrust has lost 28.9%. HEXO has fallen 7.2% in August.
Canopy Growth’s (CGC) (WEED)
disappointing results hit the cannabis sector hard in August.
The
company reported wide losses and missed both the top and bottom-line
estimates. Canopy Growth stock has lost 25.8% in August.
Stay tuned for more updates on the cannabis industry.
New York Decriminalized Marijuana. Does The New Law Go Far Enough?
By Isobel van Hagen
A bill signed into law 30 days ago
takes effect today, partially decriminalizing marijuana possession.
Residents across New York state can publicly possess or smoke up to two
ounces of marijuana without criminal penalties.
The new law
changes possession of small amounts of marijuana from a low-level
misdemeanor to a non-criminal violation. That means police can't arrest
people, but they can issue summonses that could lead to fines.
The
maximum penalty is $50 for possessing less than one ounce of cannabis
and the maximum fine is $200 for holding between one and two ounces.
While the law may seem like a progressive step, loopholes and issues
left unaddressed mean many caveats remain that could disproportionately
affect people of color throughout the state.
"For too long communities of color have been
disproportionately impacted by laws governing marijuana and have
suffered the lifelong consequences of an unfair marijuana conviction,"
Governor Cuomo said in a statement on Wednesday.
Melissa Moore, New York's deputy state director for Drug Policy Alliance told Newsweek on Thursday that there are two distinct components of the bill: decriminalization and expungement.
"The expungement piece is
really important," Moore said, "as it will be automatic–it doesn't
require paying for a lawyer, or anything like that." By July 2020, low
level marijuana charges should be automatically expunged.
Moore is concerned, however, with the decriminalization aspect of the law, and says it does not go far enough.
Here are some things to know about it: A violation isn't a criminal conviction, but it can have significant consequences.
Emma Goodman, a lawyer for the Legal Aid Society, told Gothamist
on Wednesday, "It's still something that shows up on your record and
stays with you for a very long time." She added, "And it can affect your
ability to get jobs and housing and all of the things that criminal
convictions can affect."
The bill does not remove the odor of marijuana as justification for a stop or search. This is a major loophole and could allow for continued enforcement and interaction with communities over marijuana prohibition.
The
rest of the bill is "a moot point" if this premise still exists, Moore
said, as the ability to use odor of marijuana as justification is based
on a high level of discretion given to law enforcement relating to
individuals—namely younger people of color—who have been consistently targeted by police.
United
States Surgeon General Jerome Adams and Health and Human Services
Secretary Alex Azar, both Trump-appointed officials with pharmaceutical
company ties, issued a national warning Thursday about marijuana
legalization and increasing potency.
The two top Trump
administration health officials warned young Americans and pregnant
women that marijuana is increasingly a "dangerous drug" despite
two-thirds of U.S. states having legalized weed either recreationally or
for medicinal use in recent years. Adams and Azar's joint conference
Thursday morning cautioned against the "false perception that marijuana
is not as harmful as other drugs," and announced President Donald Trump
donated $100,000 of his salary to fund a digital media campaign aimed at
warning adolescents of the harmful effects of marijuana.
"This
ain't your mother's marijuana," Adams said, highlighting research
showing the strength of weed and the concentration of its active
ingredient, THC, has increased three-fold in recent decades.
The
Trump-appointed health officials reiterated their fears that the
legalization of marijuana and cannabis in states across the U.S. is
providing teenagers and soon-to-be mothers a false sense of safety.
"Marijuana's
increasingly widespread availability in multiple and highly potent
forms, coupled with a false and dangerous perception of safety among
youth, merits a nationwide call to action," reads the Surgeon General's
"Marijuana Use & the Developing Brain" advisory. "The legalization
movement may be impacting youth perception of harm from marijuana."
The Surgeon General advisory cites
several academic studies which point to higher concentrations of THC in
dabs, waxes and other recreational marijuana products sold in states
such as Colorado, Washington, California and Massachusetts.
Both
Adams and Azar said they're in support of local, state and federal
research on marijuana but those claims remain dubious given there are
currently no FDA or medically approved uses for young people.
Additionally, marijuana is still listed alongside heroin, cocaine and
ecstasy as a Schedule 1 illegal narcotic by federal agencies.
Adams
and Azar warned young people and parents about psychosis, paranoia,
anxiety and other harmful effects they tied to marijuana usage.
"As
indicated by President Trump's generous donation of his salary to
support this advisory, the Trump Administration is committed to fighting
substance abuse of all kinds, and that means continuing research,
education and prevention efforts around the risks of marijuana use."
Trump
administration health officials have close ties to pharmaceutical
companies, including both Azar and Adams. Azar is the former president
of the U.S. division of Indianapolis-based Eli Lilly and Company, one of
the country's largest drug corporations. As Newsweek previously reported, Adams pursued employment at the pharmaceutical giant after receiving the Lilly Scholarship while attending the Indiana University School of Medicine.
The
Trump administration has long been an opponent of marijuana
legalization efforts on both the medicinal and recreational levels. In
January 2018, then-Attorney General Jeff Sessions issued a Justice Department memo
directing law enforcement to "return to the rule of law" and begin
cracking down on the cultivation, sale or consumption of all
marijuana-related products.
Ten years ago, no state had legalized marijuana. Now, more than a quarter of the US population lives in a legal marijuana state.
By
German Lopez
Just 10 years ago, no state in the US had legalized marijuana for recreational purposes.
Today, marijuana is legal for recreational purposes in 11
states and Washington, DC — including Illinois and Michigan, which
legalized it in the past year. According to RAND drug policy expert Beau Kilmer, more than a quarter of the US population now lives in a state that allows marijuana for nonmedical purposes.
More is very likely coming: State legislatures,
particularly across the Northeast, are openly discussing legalization,
and several other states, such as Florida and Arizona, might expand by
ballot initiative.
The majority of Democratic presidential candidates have gotten behind legalization. And surveys have consistently found that most Americans support legalizing cannabis.
At the same time, even some advocates of legalization worry about how
legalization is playing out in the states — with concerns that a “Big
Marijuana” industry may be able to market pot irresponsibly, as tobacco,
alcohol, and opioid companies have. And while marijuana is nowhere as
risky as these other legal drugs, it still poses risks — notably, the possibility of addiction.
Still, the momentum appears to be on marijuana
legalization’s side, with states from New York to Florida to Arizona
considered potential candidates for legalization in the next few years.
Particularly as politicians and activists grow more critical of mass incarceration and the war on drugs,
the legalization of a drug not many see as very harmful, if harmful at
all, is widely perceived as an easy — and popular — place to start
reforming criminal justice and drug policies.
1) Where is marijuana legal?
In 2012, Colorado and Washington state became the first
states to vote to legalize marijuana for recreational purposes. Since
then, nine more states and Washington, DC, have followed.
The laws legalize marijuana for people 21 and older, much like alcohol (and some tobacco) laws.
They allow growing marijuana, with a limit on how many plants are allowed. There is also some variation in how much cannabis someone can legally possess, with visitors from outside the state facing stricter limits.
Vermont and DC don’t allow sales, meaning it’s still not
legal to buy and sell pot in either jurisdiction — though residents in
both places can legally grow it. And in DC, the allowance of “gifting”
has led to some vendors, in a legally dubious practice, selling products
like juices or decals that come with “gifts” of marijuana. (Not surprisingly, the juices and decals are very overpriced.)
In the 10 other states that have legalized, legal sales
are on their way or already underway. Even in these states, though,
local jurisdictions can decline to allow marijuana sales within their
borders.
Some places that have legalized have also made the change
effectively retroactive, erasing criminal records for past marijuana
offenses. In California,
for example, it’s possible to petition a court to get low-level
offenses eliminated from the record and high-level offenses downgraded.
In Illinois, the state government is automatically pardoning and expunging past offenses.
Meanwhile, Canada and Uruguay are the only countries to fully legalize marijuana. (The Netherlands, despite its reputation, has not fully legalized pot.)
2) What are the differences between legalization, decriminalization, and medical marijuana?
There is no set definition for any of these terms, and
different advocates and politicians will use some of them, particularly
legalization and decriminalization, interchangeably in a way that can be
very confusing.
But here’s a broad overview of what these three categories are generally taken to mean:
Marijuana legalization:
Legalization is generally taken to represent the removal of all
government-enforced penalties for possessing and using marijuana. In
most, but not all, cases, legalization also paves the way for the legal
sales and home-growing of marijuana.
Marijuana decriminalization:
Decriminalization generally eliminates jail or prison time for limited
possession of marijuana, but some other penalties remain in place,
treating a minor marijuana offense more like a minor traffic violation.
Those caught possessing or selling an amount within the decriminalized
limits are still fined — usually no more than a few hundred dollars.
States with stricter decriminalization laws can also attach some jail or
prison time to possessing larger amounts of marijuana, sales, or
trafficking.
Medical marijuana: Medical legalization lets doctors recommend marijuana for a variety of conditions,from pain to nausea to inflammatory bowel disease to PTSD. A review of the evidence from the National Academies of Sciences, Engineering, and Medicine found
little evidence for pot’s ability to treat health conditions outside
chronic pain, chemotherapy-induced nausea and vomiting, and
patient-reported multiple sclerosis spasticity symptoms. But most
states, relying largely on anecdotal evidence, have allowed medical
marijuana for many other conditions. And in a few states, medical
cannabis laws have been so lax that they may as well be full
legalization.
These three categories don’t cover the full array of options for marijuana reform, with a 2015 report
by RAND listing a dozen alternatives to the standard prohibition of
pot. Among the possibilities: legalizing possession but not sales (as DC
and Vermont have done), putting state agencies in charge of sales (as some Canadian provinces are doing, and as some states do, successfully,
with alcohol), allowing only nonprofit organizations to sell pot, or
permitting only a handful of closely monitored for-profit companies to
take part.
So far, though, the states that have legalized marijuana
have generally allowed a for-profit industry, as is true for drugs like
tobacco and alcohol — what RAND called the “standard commercial model.”
The hope under this system is that the government will be able to tax
and regulate the industry to allow responsible use while discouraging
riskier behaviors.
But the US has a bad record of doing this with other drugs — allowing, for instance, drugmakers to irresponsibly market opioids for years and enable a major drug overdose crisis. So some experts, even those who favor legalization, prefer the alternative approaches to reform that RAND detailed.
3) What’s the case for marijuana legalization?
Supporters of legalization say prohibition has failed to
significantly reduce access to and use of marijuana, while wasting
billions of dollars and resulting in hundreds of thousands of racially
skewed arrests each year. Legalization, by comparison, would allow
people to use a relatively safe substance without the threat of arrest,
and let all levels of government raise new revenues from pot sales and
redirect resources to bigger needs.
A 2013 report
by the American Civil Liberties Union found that there are several
hundred thousand arrests for marijuana possession each year. These
arrests are hugely skewed by race: Black and white Americans use
marijuana at similar rates, but black people were 3.7 times more likely
to be arrested than white Americans for marijuana possession in 2010.
The arrests not only cost law enforcement time and money,
they also damage the government’s credibility. Former DC Police Chief
Cathy Lanier explained
in early 2015, ”All those arrests do is make people hate us. …
Marijuana smokers are not going to attack and kill a cop. They just want
to get a bag of chips and relax. Alcohol is a much bigger problem.”
At the same time, prohibition has failed to notably
reduce marijuana use. The war on drugs was originally intended to take
down the supply of illegal drugs, increase prices as a result, and make
drugs less affordable and generally less accessible. Those goals by and
large failed: The White House’s Office of National Drug Control Policy found that marijuana prices dropped and stabilized after the early 1990s, and several surveys show marijuana use rose and stabilized among youth in the same time period.
Meanwhile, drug prohibition has created a lucrative black
market for drug cartels and other criminal enterprises. Previous
studies from the Mexican Institute of Competitiveness and the RAND Corporation
suggested that marijuana at one point made up roughly 20 to 30 percent
of drug cartels’ revenue. Through legalization, criminal groups lose
much of that revenue, as sales transition to a legal market, crippling
resources these organizations use to carry out violent operations around
the world.
Federal legalization would also let the federal
government tax sales to fund new programs, including treatment for
people with drug use disorders. Previous estimates put this in the billions, if not tens of billions, of dollars for all levels of government — not nothing, but also not that much. (The federal budget for fiscal year 2019 was more than $4 trillion.)
More broadly, the legalization movement falls into a
broader shift against the harsh criminal justice policies that came out
of the war on drugs.
As Americans look for alternatives to punitive prison sentences that
turned the US into the world’s leader in incarceration, legalizing a
relatively safe drug seems like low-hanging fruit.
And, of course, some people just want to be able to toke up without the government getting in the way.
4) What’s the case against marijuana legalization?
Opponents of legalization worry that fully allowing
recreational marijuana use would make pot far too accessible and, as a
result, expand its use and misuse.
The major concern
is that letting for-profit businesses — “Big Marijuana” — market and
sell cannabis may lead them to market aggressively to heavy pot users,
who may have a drug problem.
This is similar to what’s happened in the
alcohol and tobacco industries, where companies make much of their
profits from users with serious addiction issues. Among alcohol users,
for instance, the top 10 percent of users consume, on average, more than 10 drinks each day.
Marijuana users exhibit similar patterns. In Colorado, a 2014 study
of the state’s marijuana market, conducted by the Marijuana Policy
Group for the state’s Department of Revenue, found the top 29.9 percent
heaviest pot users in Colorado made up 87.1 percent of demand for the
drug. For the marijuana industry, that makes the heaviest users the most
lucrative customers.
Marijuana doesn’t pose the same risks as, say, cocaine,
heroin, or even legal substances like alcohol.
But opponents of
legalization argue that heavy use can still signify addiction, which
means someone may really want to stop using pot but can’t despite
negative consequences — hurting his personal life, education, career,
and potentially health.
Kevin Sabet, head of Smart Approaches to Marijuana (SAM), the nation’s leading anti-legalization group, previously explained:
“If we were a country with a history of being able to promote
moderation in our consumer use of products, or promote responsible
corporate advertising or no advertising, or if we had a history of being
able to take taxes gained from a vice and redirect them into some
positive areas, I might be less concerned about what I see happening in
this country. But I think we have a horrible history of dealing with
these kinds of things.”
Drug policy experts say there are alternatives to
commercial legalization, like putting state governments in charge of
marijuana production and sales, which could tame the for-profit
incentive and give states more direct control over prices and who buys
pot.
But legalization opponents worry that any move toward
legalization will inevitably attract powerful for-profit forces,
especially since the marijuana industry has already taken off in several
states.
“The reality is there are myriad other forces at work here,”
Sabet said. “Chief among them are the very powerful forces of greed and
profit. When I look at how things are set up in states like Colorado,
where the marijuana industry gets a seat at the table for every state
decision on marijuana policy, it troubles me.”
Given these concerns, opponents favor more limited
reforms than legalization. Sabet, for example, said nonviolent marijuana
users shouldn’t be incarcerated for the drug. Other critics of legalization support legalizing marijuana for medical purposes but not recreational use.
It’s rare that opponents of legalization argue for the
full continuation of the current war on pot. SAM, for instance, broadly
agrees that current drug and criminal justice policies are far too
punitive and costly. But while they may support some reforms, they feel
that legalization simply goes too far — and could lead to worse
consequences than the alternatives.
5) Is marijuana bad for your health?
There are no documented deaths from a marijuana overdose, but that doesn’t mean pot is harmless.
”The main risk of cannabis is losing control of your cannabis intake,” Mark Kleiman, a drug policy expert who recently passed away,
previously told me. “That’s going to have consequences in terms of the
amount of time you spend not fully functional. When that’s hours per day
times years, that’s bad.”
Jon Caulkins, a drug policy expert at Carnegie Mellon
University, put it another way: “At some level, we know that spending
more than half of your waking hours intoxicated for years and years on
end is not increasing the likelihood that you’ll win a Pulitzer Prize or
discover the cure for cancer.”
The risk of misuse and addiction (known in medical circles as ”cannabis use disorder”)
is compounded by the widespread perception that pot is harmless: Since
many marijuana users believe what they’re doing won’t hurt them, they
feel much more comfortable falling into a habit of constantly using the
drug. In total, millions of people across the US report wanting to quit marijuana and being unable to despite negative consequences.
The most thorough review of the research yet, from the National Academies of Sciences, Engineering, and Medicine,
found that pot poses a variety of other possible downsides — including
for respiratory problems if smoked, schizophrenia and psychosis, car
crashes, general social achievement in life, and potentially babies in
the womb.
But it doesn’t seem to cause some issues that are
typically linked to tobacco, particularly lung cancer and head and neck
cancers. The studies reviewed also suggest it carries several benefits,
particularly for chronic pain, multiple sclerosis, and
chemotherapy-induced nausea and vomiting. (There wasn’t enough research
to gauge if pot is truly good for some of the other ailments people say
it’s good for, such as epilepsy and irritable bowel syndrome.)
Critics of legalization claim that marijuana is a
“gateway drug” that can lead people to try more dangerous drugs like
cocaine and heroin, because there’s a correlation between pot use and
use of harder drugs. But researchers argue
that this correlation may just indicate that people prone to all sorts
of drug use only start with marijuana because it’s the cheapest and most
accessible of the illicit drugs. So if cocaine or heroin were cheaper
and more accessible, there’s a good chance people would start with those
drugs first.
Overall, marijuana is a relatively safe drug — certainly
less harmful than some of the drugs that are legal today, and
potentially beneficial to some people’s health through its medical use.
But it’s not harmless.
Given that marijuana’s harms appear to be relatively small, though, advocates argue
that even if legalization leads to more pot use, it’s worth the
benefits of reducing incarceration and crippling violent drug cartels
financed in part by revenue from illicit weed sales.
6) Is marijuana legalization popular?
It sure seems like it.
According to surveys from Gallup, support for legalization rose from 12 percent in 1969 to 31 percent in 2000 to 66 percent in 2018. A Civic Science poll and the General Social Survey found similar levels of support in recent years.
The Pew Research Center
found that support varies from generation to generation, although it
has been rising among all age groups over the past few years. As it
stands, more than two-thirds of millennials back legalizing marijuana,
while support is lower among older groups.
The change in public opinion is part of a broader
pushback against punitive criminal justice policies and the war on drugs
in general. A 2014 Pew survey
found 63 percent of Americans agree states should move away from harsh
mandatory minimum sentences for nonviolent drug crimes, and 67 percent
said drug policy should focus more on providing treatment over
prosecuting drug users.
The wider shift on all punitive drug policies
demonstrates that it’s not just that more Americans want the freedom to
use marijuana — a substance that more than six in 10, according to Pew,
acknowledge is safer for a person’s health and society than alcohol.
Instead, Americans are broadly fed up with drug and criminal justice
policies that have contributed to higher incarceration rates while doing
little to solve ongoing drug crises.
7) Is marijuana still illegal at the federal level?
Yes. Even as several states and Washington, DC, allow marijuana, the federal government still strictly prohibits pot.
Under the scheduling system, the federal government classifies
marijuana as a schedule 1 drug, meaning it’s perceived to have no
medical value and a high potential for abuse. That classification puts
marijuana in the same category as heroin and a more restrictive category
than schedule 2 drugs like cocaine and meth.
But that doesn’t mean the federal government views
marijuana and heroin as equally dangerous drugs or that it considers
marijuana to be more dangerous than meth or cocaine. Schedule 1 and 2
drugs are both described as having “a high potential for abuse” — a
vague description that doesn’t rank drugs in the two categories as equal
or different.
The big distinction between schedule 1 and 2 substances,
instead, is whether the federal government thinks a drug has medical
value. The DEA says schedule 2 substances have some medical value and
schedule 1 substances do not, so schedule 1 drugs receive more
regulatory scrutiny even though they may not be more dangerous.
There have been many calls to reschedule marijuana, but
they’ve run into a serious hurdle: To date, there have been no
large-scale clinical trials on marijuana. Those kinds of studies are
traditionally required to prove a drug has medical value to the federal
government. But these studies are also much more difficult to conduct
when a substance is strictly regulated by the federal government as a
schedule 1 drug. So pot is essentially trapped in a Catch-22: It likely
needs a large-scale clinical trial to be rescheduled, but those trials
are going to be much harder to conduct until it’s reclassified.
Congress can also pass legislation to reschedule
marijuana, which legalization advocates have been lobbying legislators
to do for decades.
Although the scheduling system helps shape criminal penalties
for illicit drug possession and sales, it’s not always the final word.
Penalties for marijuana are generally far more relaxed than other
schedule 1 drugs — perhaps an acknowledgment that the drug isn’t as much
of a risk as, for example, heroin.
Starting with the Obama administration, the federal
government has also taken a relaxed approach to marijuana legalization
at the state level, generally letting states do as they wish as long as
they met certain criteria (such as not letting legal pot fall into kids’
hands or cross state lines). The Trump administration suggested it would take a tougher line under Attorney General Jeff Sessions, but current Attorney General William Barr backed off the tougher approach and said he would more or less go back to the Obama-era policies.
Pot’s criminal classification at the federal level has other serious ramifications
for marijuana policy even in places where state law says the drug is
legal. Many state-legal marijuana businesses, for instance, must
function as cash-only enterprises,
since many banks are nervous about dealing with businesses that are
essentially breaking federal law. Businesses also can’t file for several
deductions, and, as a result, their effective income tax rates can soar
to as high as 90 percent or more.
One concern here is whether the federal government would
be in violation of international law if it legalized marijuana. A host
of international treaties explicitly ban the legalization of marijuana
sales for recreational purposes. As states have legalized, the US has
argued that it remains in good standing of these treaties by keeping pot
illegal at the federal level. But that would change if Congress and the
president legalized marijuana. (So far, Canada and Uruguay have generally dodged scrutiny over their violation of these treaties. But the US is a much bigger country than either.)
So even as states and voters back marijuana legalization, the federal government remains in the way.
8) How is marijuana legalization going in the states that have done it so far?
So far, it seems to be going fine. Then-Colorado Gov. John Hickenlooper opposed legalization when it was on the ballot in his state, but he has since acknowledged that “the things I feared six years ago have not come to pass.”
Colorado, which has the oldest system for recreational marijuana sales, has seen a rise in adult use, but not in use among youth. Although there were concerns about drug-impaired car crashes, the evidence is mixed.
One concern that has consistently come up is the risk of marijuana edibles, which a recent study linked to a rapid increase in marijuana-related hospitalizations at a Colorado hospital after legalization. Because edibles take longer to take effect, and may lead the human body to absorb the psychoactive compounds of cannabis differently, they’re more likely to cause a marijuana overdose
— not a deadly event, but one that can make people act strange and
paranoid. The proliferation of edibles under legalization, then, may be
leading to more bad, unpleasant trips.
Critics of legalization also argue that edibles are
marketed irresponsibly, since they can take the form of child-friendly
snacks like gummy bears and cereals.
So since legalization, regulators have taken a tougher approach toward edibles — restricting them, requiring stronger packaging and labels, and even banning some of them.
The story is broadly similar in other states, with some
variation depending on state-specific circumstances. No big negative
stories have come out of legalization, at least yet.
That said, it’s worth cautioning that recreational
legalization is fairly young. The marijuana industry is still taking
form. Federal prohibition has made it hard for the industry to grow in a
big way, since they can’t very easily operate across state lines. How
this new industry, its marketing, and its influence over all levels of
government take shape in the next few years — and ultimately influence
people’s behaviors — remain very big questions for experts.
As Kleiman, who supported legalization, used to tell me,
“The bad risks are mostly long-term. We’re in the situation in which the
guy jumped off the Empire State Building, and as he passed the 42nd
floor somebody said, ‘How’s it going?’ And he said, ‘So far, so good!’”
9) Which states could legalize marijuana next?
Most of the states that have legalized to this point have
done so through ballot initiatives, but that’s changed in recent years
with state legislatures in Vermont and Illinois approving legalization.
So now there are two plausible paths to legalization.
On the state legislature side, the most serious conversations seem to be taking place in New York and New Jersey,
where governors have gotten strongly behind legalization but have so
far struggled to get bills through the legislatures. There’s also been
movement in Connecticut, Delaware, Rhode Island, and Vermont (to legalize sales), among other places.
Plus, there are some upcoming legalization ballot initiatives, potentially in Arizona, Florida, and North Dakota.
There could also be a few surprises. Who could have
predicted just five years ago that Michigan would legalize pot before
New York, New Jersey, and half the states in New England? It’s a weird
world — one where marijuana is increasingly legal.
Whether you’ve personally used CBD or
not, you are undoubtedly familiar with products that contain the CBD
compound derived either from marijuana or hemp, and some of the
companies that sell them, such as Premium Jane.
Many praise CBD products and credit them with various benefits,
including relief from anxiety and depression, aiding better sleep,
improving focus and concentration, helping relieve the symptoms of
various diseases, and more.
Still, despite all the good it seems that
CBD can do, there remains a lot of controversy surrounding CBD and CBD
products because of misconceptions and confusion surrounding the
compound because of federal and some states’ laws.
Whether you simply want to learn more
about CBD or are interested in trying CBD products, it’s important to do
your research beforehand. Not only will CBD research help you get the
truths and facts about CBD amidst the confusion and misconception, but
it will also help you find the products that are best for you and give
you a better understanding of the industry.
And, to help make things easier, we’ve
done the research and summarized what you need to know to help you
understand the industry, where it’s going, and how to find some of the
best CBD products in the market.
What CBD is and Why It’s Sometimes Controversial
As you know, CBD (cannabidiol) is a
compound that is derived from either hemp or marijuana plants. In
marijuana, CBD is the compound that offers many different benefits that
people use the plant for; such as relaxation and relief from pain.
Marijuana also contains TCH. The TCH compound, however, is the compound
that is responsible for giving users the classic high that marijuana is
known for.
Although the two compounds are different,
and when it is extracted, CBD can offer the benefits of marijuana
without the psychoactive effects; in fact, people sometimes mistakenly
believe that CBD can get users high because it is sometimes derived from
marijuana plants.
Another reason that there is sometimes
controversy surrounding CBD is the different laws that address it and
its parent plant, marijuana. Although CBD and marijuana themselves have
become legal for medical and/or recreational purposes in some states, in
all but ten states over the last few years, legalization has only occurred in varying degrees. This makes it somewhat confusing to keep straight.
Making it even more complicated,
marijuana and CBD remain illegal on a federal level, causing some to be
concerned about using it in certain instances.
Despite the misconceptions and
controversy, more and more consumers have been able to access
educational materials and do the research they need to do in order to
clear up any confusion they may have which has, in turn, helped drive
the CBD industry forward and even exceed the expected industry growth up to this point.
The Current State of the CBD Industry
As of 2016, consumer CBD sales totaled $262.2 million. That same data released by Statista predicted that sales would reach $1.8 billion by 2022; however, a 2019 CBD market report by Brightfield
predicts that the industry will reach $22 billion in the near future.
As mentioned above, the industry growth has already exceeded
expectations, and for good reason.
From a consumer standpoint, there are
many benefits that CBD offers. For example, in a study of patients on
opioid pain medication, 38 percent of patients decreased or discontinued their pain medication when using medical marijuana as well.
Additionally, 45.2 percent of patients
who were taking medication prescribed to reduce anxiety were able to
stop using those medications when they also took CBD. Not only that, but
61 percent of caregivers of children who have autism reported that
symptoms had improved after using CBD.
The CBD industry isn’t only beneficial
for consumers, though. The growth and demand for CBD products has opened
up many opportunities for businesses to start new product lines or for
startups to get their foot in the door. Although there are some
difficulties companies may face due to the growing market, such as increased competition,
companies capitalizing on the CBD industry, like Premium Jane, have the
opportunity to offer quality products to their customers sourced only
from the best possible ingredients.
Top CBD Products on the Market Today
When it comes to CBD products, quality is
important. Low-quality products may be ineffective and likely won’t
deliver the promised results. No matter what your reason is for wanting
to take CBD, or what type of CBD product you take, it’s important
to know which are the top products on the market today; and many of
those products are available through Premium Jane.
Premium Jane offers oils, capsules,
topicals, and gummy products; all of which deliver CBD in the most
effective and delicious ways to help you get the benefits you’re looking
for. What sets Premium Jane apart from the competition is that all of
their products are created with CBD that is derived from hemp plants
specifically grown in microclimates. This process helps to ensure that
the CBD in each product is premium-grade, and delivers the optimal
amount of CBD in each serving.
Where the CBD Industry is Headed
Thanks to businesses like Premium Jane
and consumers everywhere learning about and experiencing the benefits
that CBD has to offer, it’s expected that the CBD industry will continue
to head in an upward direction. Since it is still a relatively young
industry, it’s still a good time for entrepreneurs to get involved. As
more and more businesses sprout up and create high-quality products,
more and more consumers of all ages and conditions will be able to
benefit from the amazing benefits that CBD has to offer.
U.S. Surgeon General Jerome Adams speaks in Decmeber 2018 in Boston.
By Jonathan D. Salant
EDITOR’SNOTE:NJ Cannabis Insiderfeatures exclusive, premium content for those interested in getting in on the ground floor or expanding their operation.View a sample issue.
On Oct. 2, NJ Cannabis Insider hosts its fall live event, featuring
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Early-birdtickets are now available.
WASHINGTON — U.S. Surgeon General
James Adams issued a new warning Thursday against the use of marijuana
by pregnant women and adolescents, saying no amount “is known to be
safe.”
Adams’ statement did not break new ground but came at a time when an increasing number of states are debating whether to legalize the drug for either medical or personal use.
“Until
and unless more is known about the long-term impact, the safest choice
for pregnant women and adolescents is not to use marijuana,” Adams said.
“Pregnant women and youth — and those who love them — need the facts
and resources to support healthy decisions.”
“It
is critical to educate women and youth, as well as family members,
school officials, state and local leaders, and health professionals,
about the risks of marijuana, particularly as more states contemplate
legalization.”
Adams
called for prevention campaigns and for doctors to talk to new mothers
and young people about the drug. In addition, for pregnant mothers using
marijuana to combat nausea or pain from pregnancy, doctors can
prescribe other treatments, Adams said.
“We
know enough now to warrant concern and action,” he said. “Everyone has a
role in protecting our young people from the risks of marijuana.”
Jim Carroll, director of the White House Office of National Drug Control Policy, echoed Adams’ concerns.
“While
laws in some states have changed, the scientific evidence increasingly
shows the harmful effects of marijuana use,” Carroll said. “We are
focused on making sure all Americans are aware of the dangers of
marijuana use and the impact it has on developing minds.”
Adams’
statement was another argument for legalizing and regulating marijuana,
said Erik Alteri, executive director of NORML, the National
Organization for the Reform of Marijuana Laws.
“A
pragmatic regulatory framework that allows for the legal, licensed
commercial production and retail sale of marijuana to adults but
restricts and discourages its use among young people — coupled with a
legal environment that fosters open, honest dialogue between parents and
children about marijuana’s effects — best reduces the risks associated
with the plant’s use or abuse,” Alteri said.
U.S. Surgeon General Jerome Adams speaks in Decmeber 2018 in Boston.
Minnesota Democrats say they want to legalize and regulate marijuana
in next year’s legislative session, but first they want members of the
public to tell them how they should do it.
In front of the Farmers Union building at the State Fair on
Thursday, the second-highest ranking Democrat in the Minnesota House
said his chamber will pass a marijuana legalization bill next year.
But
before then, he announced, Democrats will hold a series of town halls
across the state to hear what Minnesotans think about the issue.
“We believe that Minnesota can have the best marijuana laws in the
country,” said House Majority Leader Ryan Winkler, DFL-Golden Valley,
who handed out blue cowbells inscribed with the words “Be Heard on
Cannabis” to fairgoers. “We think it’s vitally important that
Minnesotans weigh in directly on this policy change.”
The series of 15 community conversations, dubbed “Be Heard on
Cannabis,” will take place over the coming months. The first three will
be held in Duluth, Minneapolis and St. Cloud in September and October.
House Democrats are trying to build momentum as they mount their
first serious push for legalization. They did not make it a priority in
this past legislative session; the Republican Senate was the only
chamber to hear a legalization bill, and a committee of lawmakers voted
it down. Democrats instead pushed a proposal that would have established
a task force to study legalization, but it did not survive in
negotiations between the House and Senate.
Lawmakers did pass new laws to expand the state’s troubled medical
marijuana program, which is widely seen as one of the most restrictive
in the country. Minnesota’s two medical cannabis manufacturers can now
run twice as many dispensaries, write off their business expenses and
buy hemp from local farmers.
Democratic Gov. Tim Walz has said he supports full marijuana legalization. In fact, he has already ordered state agencies to prepare for it, even though Republican Senate Majority Leader Paul Gazelka says a proposal will die in his chamber.
Gazelka, of Nisswa, has previously cited concerns that legal
marijuana could lead to more incidents of impaired driving and hinder
teen brain development.
Even if Republicans vote it down again, Winkler said the effort from
Democrats will be worthwhile.
He said many lawmakers need to be educated
on the topic so they can discern myths from facts.
Eventually, Winkler argues, Minnesota will have to have to decide
whether it wants to catch up with the rest of the nation on the issue.
Eleven states and the District of Columbia have legalized recreational
marijuana for adult use.
As more and more states legalize adult use of cannabis, Minnesota
can’t stand on the sidelines and hope it doesn’t happen here,” Winkler
said. “That is not a responsible way to address this issue.”
Marcus Harcus of the Minnesota Campaign for Full Legalization said he
is “very encouraged” that Democratic leadership is on board for
recreational pot. He testified in favor of legalization at the State
Capitol earlier this year and was on hand for the town hall announcement
at the Fair on Thursday.
“We want to see a bill passed in the House,” Harcus said. “But the big challenge is going to be the Senate.”
Marijuana is now officially decriminalized in New York State.
This means that criminal penalties have been eliminated for public possession and use of marijuana.
Instead, unlawful possession of the drug is a violation, which comes with a fine similar to a parking ticket.
The penalty would be $50 for possessing less than one ounce of pot or $200 for one to two ounces.
The new law will also provide a path for some individuals with prior marijuana convictions to have their records expunged.
Proponents
of this law, like New York Governor Andrew Cuomo, said marijuana
convictions have disproportionally affected communities of color.
"This
law is long overdue, and it is a significant step forward in our
efforts to end this repressive cycle and ultimately mend our
discriminatory criminal justice process once and for all," Cuomo said in
a statement.
Marijuana legalization is the latest trend sweeping the nation.
Before 2010, no state had legalized marijuana for public recreational
consumption, but within a single decade, 11 states have lifted their
prohibition on the herbal drug. While marijuana has been slowly
legalized state-by-state, the federal prohibition on marijuana must also
be overturned.
When states first began the push to legalize marijuana during the
Obama administration, Obama himself came out and stated that his
administration wouldn’t pursue action against these states. If you are
confused about that, don’t worry; it’s you and everyone else. Even
though many have gone through a proper democratic channel and changed
their state laws, federal laws have remained untouched.
Under the Controlled Substances Act, marijuana is classified as a
schedule 1 substance. This means that marijuana, under federal law, is a
highly addictive substance, has no safe use and has no genuine medical
advantage. Furthermore, under the same act, schedule 1 substances are
prohibited and subject to federal prohibition. Then add on top of that
the federal supremacy clause of the U.S. Constitution and under an
extensively anti-legalization administration we could see the complete
rollback of all these reforms across the country.
It’s not just the rollback that worries many marijuana advocates, but
also the tight regulations that keep many marijuana distributors and
users in a bind, even for the states that have legalized marijuana for
both recreational and medicinal use.
The first is the changes between states. Marijuana legalization is
something that has been occurring state-by-state, so something that you
can legally do in one state can earn you several years in prison in
another state. Furthermore, just because you bought your weed in
Michigan doesn’t mean that you can still use it in Pennsylvania. Not
only will you get caught on possession, but you could also be charged
with trafficking contraband across state lines. And because of the
common-sense regulation in many states that have legalized it, it is
illegal to drive while under the influence of marijuana and be under the
influence in public. So don’t think you can also get away with using
and then making the drive back home.
But those are minor inconveniences compared to some of the actual
consequences for many people living in states that have legalized. For
instance, if you’re a parent in a state with legalized status, you may
think that it’s no different from drinking alcohol or lighting up a
cigarette. You’d be wrong.
In fact, already there have been children
taken away from parents, due to the parents using marijuana.
This is
because of the federal laws regarding marijuana, but also because its
classification leads to your home being designated as high-risk for
children.
One horrific tale is that of Savannah Lackey, a California resident
who was growing marijuana with a prescription. She did everything that
the state required her to, including attending a meeting with a sheriff
to brief on legal growing. This didn’t stop the raid that came upon
Lackey’s home, where not only was her weed seized, but her child was
forcibly removed from the home and put into protective services.
Others are also affected. Distributors often face incredible
obstacles to maintain their business.
Because, on a federal level, are
illegal, it is extremely difficult to pay taxes. Yes, even though
marijuana is federally prohibited, they must pay taxes to the federal
government. This includes the taxes their business pays and the taxes
taken out of paychecks. This has forced many distributors to do
everything through cash payments only, to avoid the potential charge of
money laundering because they can’t use a bank to keep their money that
is, again, gained through criminal means.
If you’re an employee of a company, as in most people, you can very
well lose your job.
Many companies still wish to maintain compliance
with federal regulation, which makes sense.
So even if you’re in a legal
state, failing a drug test could result in you losing your job. You
could be using marijuana in a manner that is fully legal by your state
and still lose your livelihood because of federal prohibition.
The solution is obvious: Make the Obama Era policy of not putting
resources towards fighting legalization a thing of the past. The federal
prohibition must be overturned through definitive legislative action.
This prohibition has a troubled history of racism and punitive
punishment for nonviolent offenders, as well as ineffective enforcement.
The time has come to put it to rest and indeed make it a state issue.
If politicians want it to be a state issue, then let’s make it a state
issue.
We should remove the federal prohibition and let states legislate
this matter as they see fit.
Social media users
extol — and health experts decry — a 25-year-old study from Jamaica
suggesting cannabis use poses no harm to fetal development.
ByAlice Callahan
Fifty years
ago this summer, Melanie Dreher, a registered nurse and young graduate
student in anthropology, landed in rural Jamaica to study how people
there were using cannabis. It was the same summer of the moon landing
and Woodstock, where “400,000 of my best friends were having a good
time,” she said. Dreher didn’t really want to be in Jamaica. But doing
fieldwork in an unfamiliar place was required by her Columbia University
doctorate program, and for Dreher, who had never been to Jamaica or
used cannabis, this assignment met that criteria.
Dreher’s
paper currently sits in the 99th percentile of research outputs based
on the volume of attention it has received online.
Jamaica turned out to be a rich study site, and the summer of 1969
launched several decades of Dreher’s work on the cultural context of the
use of cannabis, or ganja, as it is known in Jamaica.
She studied men, who worked cutting sugar cane and believed ganja made them more productive, and school children,
whose mothers gave them ganja tea to help them focus, enhance their
health, and improve their strength and stamina. Finally, with funding
from the March of Dimes — a U.S. nonprofit organization that aims to
improve health outcomes for babies — and the National Institute on Drug
Abuse, she turned her attention to cannabis use in pregnancy among
Jamaican women.
Dreher and colleagues asked local midwives to help recruit pregnant
women, some who smoked cannabis and some who didn’t. The researchers
routinely visited the study subjects in their communities, which allowed
them to observe and gain their trust, and that gave them a more
accurate estimate of how much cannabis the expectant mothers were using
than a survey administered in a clinic might yield, Dreher said.
The study included 24 newborns exposed prenatally to cannabis and 20
unexposed. At three days old, there were no detectable differences in
their behavior, but at 30 days, the cannabis-exposed babies were less
irritable, more stable, and had better reflexes. Those born to the 10
heaviest cannabis users, who averaged more than three joints per day,
scored even higher. “The heavily exposed neonates were more socially
responsive and were more autonomically stable at 30 days than their
matched counterparts. The quality of their alertness was higher; their
motor and autonomic systems were more robust; they were less irritable …
and were judged to be more rewarding for caregivers than the neonates
of non-using mothers,” reported the study, published in 1994 in the journal Pediatrics.
One of the many blogs and online forums touting
the “Jamaica Study” as proof that cannabis use in pregnant women doesn’t
harm their babies.
Visual: The Weed Blog
At the time, those intriguing results garnered little attention,
“not a peep from the medical community,” said Dreher, now retired from a
dual career in anthropology and nursing education, most recently as
dean of Rush University College of Nursing in Chicago. “It’s not until
now, 25 years later, that people are paying attention to that study,”
she added. Dreher’s paper currently sits in the 99th percentile of
research outputs based on the volume of attention it has received
online, as ranked by the Altmetric Attention Score. Most of that attention comes from Facebook and Twitter shares
by people promoting the safety of cannabis in pregnancy, not from
doctors or researchers discussing the science. Her work hasn’t been
taken seriously by the medical community, Dreher said, but “it was taken
seriously by women who used it regularly and felt that they had been
justified.”
But this view runs counter to current advice of the American College of Obstetricians and Gynecologists and American Academy of Pediatrics,
which both recommend avoiding cannabis in pregnancy and while
breastfeeding. Tetrahydrocannabinol, or THC, the main psychoactive
molecule in cannabis, is small and fat-soluble, easily crossing the
placenta into the fetal bloodstream.
The blood circulates THC throughout
the body, including the brain, where the molecule can interact with
endocannabinoid receptors active in neurodevelopment. How that might
impact a developing fetus isn’t easy to sort out, and medical groups
acknowledge that the science has limitations and inconsistencies. Still,
they say, there are enough studies — many more recent than Dreher’s —
linking cannabis use to outcomes like low birthweight among regular
users and changes in brain development to recommend against using it
during pregnancy.
“The ‘Jamaica study’ continues to garner fame despite being one small
study in a relatively large pool of evidence,” said Torri Metz,
associate professor of maternal fetal medicine at University of Utah
Health. “Anybody could find a single study that sort of supports what
they would like to say, but really, we need to look at all of the
studies that are out there.”
Dreher makes
no claim that cannabis is good for babies, nor does she encourage
pregnant women to use it. Though the cannabis-exposed babies scored
higher on some measures in her study, it didn’t show that cannabis caused
these better scores. In fact, the mothers who used the most cannabis
also had more education, more financial independence, and fewer other
children to care for, which likely allowed them to provide a more
nourishing environment for their newborns. While it’s reassuring that
their cannabis use didn’t seem to compromise infant development, it’s
also possible that subtle effects of cannabis were masked by these
advantages. In another paper
published in 1988, Dreher and coauthors wrote, “Caution should be taken
in making generalizations to other cultures where characteristics of
marijuana users may not be similar.”
At 30 days old, the cannabis-exposed babies were less irritable, more stable, and had better reflexes.
Dreher walks onstage to speak at the Building a Healthier Future Summit in Washington, D.C. in 2016.
Visual: Cheriss May / NurPhoto via Getty Images
Yet online conversations between expecting parents don’t reflect this caution. Dreher’s study is shared on Reddit, Facebook, and pregnancy sites like BabyCenter.com as evidence of safety of cannabis in pregnancy. Kaycee Lei Cuesta, who writes The Cannavist Mom blog
with 34,000 Facebook followers, described it in a 2017 post as “some of
the best and only work on [the] topic of cannabis using during
pregnancy.” It’s mentioned in a New York Times piece
about women who used cannabis in pregnancy as providing comfort to one
of them about her choice. Likewise, when I talked to mothers who had
used cannabis while pregnant, most mentioned Dreher’s study by name,
without prompting, and said that it significantly impacted their
decision.
Online narratives about Dreher’s study frequently mention that the
National Institute on Drug Abuse cut off her funding when her results
didn’t show problems with cannabis use. Dreher said this is true, and
she’s told the same account in interviews on podcasts like Drug Truth Network and The Medical Pot Guide. “That alone speaks volumes,” wrote Keira Fae Sumimoto in a 2018 post on her blog, Cannabis & Motherhood.
The idea that the government and medical community don’t want people to
know about this study often surfaces online. For example, when the InfantRisk Center at Texas Tech University
reviewed the literature on this topic without mentioning Dreher’s
research, the center was accused of bias and fear-mongering. Several
commenters posted links to Dreher’s paper, with one claiming that her
study “calls BS” on the center’s findings.
Women wrestling with this decision are likely to encounter these
conflicting online narratives. In a 2016 study, women who used cannabis
while pregnant said they wanted to know more about how cannabis might
affect their babies, but their doctors didn’t offer helpful information.
“They’re really not discussing it with their obstetric providers or
midwives or obstetricians, but really hearing anecdotes from friends and
families and searching online,” said lead author Marian Jarlenski,
assistant professor of health policy and management at the University of
Pittsburgh Graduate School of Public Health.
Jarlenski also analyzed online media content, finding 30 percent were
neutral about risks, and 10 percent placed more emphasis on potential
benefits of prenatal or postpartum cannabis use. (Pregnant women
sometimes use cannabis to alleviate nausea and vomiting, although its efficacy hasn’t been formally studied, and in some cases, cannabis has been shown to worsenthese symptoms.) She didn’t quantify how often Dreher’s study appeared in her analysis, but she said, “that is one that I’ve seen a lot.”
Jarlenski’s research has also shown women’s perception of cannabis as risky is dropping.
And a study published in June in the Journal of the American Medical
Association (JAMA) found that between 2002 to 2003 and 2016 to 2017,
self-reported use of cannabis in pregnancy doubled
overall in the U.S., from 3.4 percent to 7 percent. Similarly, a 2017
study of nearly 30,000 Kaiser patients in Northern California found
cannabis use during pregnancy, either self-reported or measured in urine
toxicology tests, increased from 4.2 percent in 2009 to 7.1 percent in 2016. Urban medical centers have found as many as 22 to 27 percent of pregnant women are positive for cannabis.
Other cannabis
researchers report concerns about Dreher’s study, particularly if it’s
being used to inform decisions today. “It’s a very small sample size.
There’s definitely been studies that have been done with many more
children that have looked at similar outcomes that haven’t had the same
findings,” Metz said. In the same June issue of JAMA, an Ontario study analyzed the medical records
of more than 660,000 pregnancies and found those who reported using
cannabis were also more likely to have preterm birth, placental
abruption, and small for gestational age babies, with lower Apgar scores
— which indicate general health based on factors including muscle tone
and breathing — along with greater admission to the neonatal intensive
care unit (NICU).
“The ‘Jamaica study’ continues to garner fame despite being one small study in a relatively large pool of evidence,” said Metz.
And when the National Academies of Sciences, Engineering, and Medicine summarized the health effects of cannabis in a 2017 report,
they concluded there’s substantial evidence for an association with
lowered birth weight and limited evidence for an association with
pregnancy complications for the mother and infants needing NICU care.
For a range of other outcomes, they said that the evidence was
insufficient to make conclusions, because it was conflicting or had too
many methodological limitations.
Another issue with Dreher’s study, and any study of its age, is that
cannabis potency has increased dramatically over time. “I would throw
those studies out completely. I don’t think you could go back to those
early studies and say they have many implications for what is going on
today,” said Barry Lester, a professor of psychiatry and pediatrics and
director of the Center for the Study of Children at Risk at Brown
University. In the U.S., the THC content of illicit cannabis samples increased from 4 percent in 1995 to 12 percent in 2014, and legal cannabis obtained in 2017 in Washington state
was around 20 percent THC, with some products potentially reaching 30
percent or higher. There’s little data on how this might impact fetal
exposure, but a 2015 abstract
described an increase in the concentration of THCA (a THC metabolite)
measured in the first bowel movements of Colorado newborns from 213
nanograms per gram (ng/g) in 2012 to 361 ng/g in 2014.
The cannabis used by the women in Dreher’s study wasn’t high in THC,
she said. “It was not anything like the cannabis that we have now.”
Lester also collaborated with Dreher in Jamaica in the 1980s, studying
the same cohort of babies from her more well-known paper. His study,
published with Dreher as a coauthor in Child Development in 1989, found
that at four and five days of age, the cannabis-exposed newborns had shorter, higher-pitched cries
with more dysphonation and variability. These were the same babies with
no difference in behavior at three days old, but Lester said that
didn’t surprise him, because the behavioral scales used aren’t typically
designed to be as sensitive. “Cry acoustics has a long-standing track
record of differentiating at-risk kids,” he said. “If you pick a
dependent measure that you know has that kind of sensitivity, you’re
obviously more likely to find effects.”
Yet for all their criticism of Dreher’s study, these researchers also
wanted to talk about the limitations of the current science and the need
for nuanced interpretation.
Because it would be unethical to randomly assign women to use cannabis
while pregnant, the evidence we have on this question is observational
and rife with confounding factors. In North America, those who use
cannabis are also more likely to use tobacco, alcohol, and other drugs,
and to face challenges that come with poverty, mental illness, and
effects of racism. Researchers try to statistically account for these
differences (indeed, each of these factors was identified and accounted
for in the Ontario JAMA study),
but quantifying all the inequities impacting mothers and their children
is a tall order, and that’s a real limitation of the evidence we have.
That adds uncertainty to our understanding of the health risks of
cannabis, said Jarlenski, the University of Pittsburgh researcher.
Still, she rattled off a host of other reasons not to use cannabis while
pregnant, including unstandardized potency, lack of evidence of
benefits, risk of dependency,
and unknowns of how it might interact with postpartum depression.
There’s also a risk of being reported to child welfare services for
using a substance that’s still considered a Schedule I drug at the federal level, and poor women of color are likely at greatest risk of this consequence.
“I would throw those studies out completely,” says Lester, because cannabis potency has increased dramatically over time.
At the same time, Jarlenski cautions that it’s important not to
inflate the possible risks of prenatal cannabis use. This occurred with
the so-called “‘crack baby’ epidemic” of the 1980s, she said, when the
effects of prenatal cocaine use were exaggerated and ultimately did more
harm than good to women and their families. Pregnant women need to know
about possible risks of cannabis, but some may also need public health
resources to help them quit, she added. Others may need advice about
safer strategies for managing pregnancy symptoms, Metz said.
The largest longitudinal study of cannabis use in pregnancy includes
nearly 10,000 pregnant women in Rotterdam, the Netherlands, where
cannabis is available to purchase in coffee shops and is high in THC.
That study found that cannabis use in pregnancy was associated with decreased fetal growth, above and beyond the effects of tobacco. At ages 7 to 10, the same kids were more likely to have externalizing problems, like aggressive behavior and rule-breaking, and psychotic-like experiences, like hearing voices. On MRI brain scans, they had thicker prefrontal cortices.
However, Henning Tiemeier, a principal investigator for the study and a
professor at the Harvard T.H. Chan School of Public Health, is cautious
in interpreting those results. With careful analysis, he and colleagues
have concluded that the behavioral and brain differences
in cannabis-exposed kids are probably not caused by cannabis but are
more likely related to genetic or environmental factors, because they
see the same associations in kids whose mothers used cannabis before but
not during pregnancy, and in kids whose fathers used cannabis. The
decrease in fetal growth
couldn’t be explained by these other factors, though; it seems
independently associated with in-utero exposure to cannabis, perhaps
because it impacts uterine blood flow. This finding is one of the most consistent across studies of cannabis use in pregnancy, especially among heavier users.
Tiemeier emphasizes that though their work is somewhat reassuring in
terms of long-term effects on kids, the question is far from resolved.
Answering it has been impeded by a lack of funding and barriers to
studying cannabis. Meanwhile, he says, discussions of cannabis are being
driven by people who cherry-pick the science that supports what they
want to believe. “I’m surprised how many people are opinionated on the
basis of very poor facts,” he said.
“We are saying this again and again: Those that say cannabis is safe
during pregnancy do not really know. Those that say it is not [safe] do
not know either,” Tiemeier said. It’s a scientific debate that can’t be
resolved with the results of one study, be it a tiny one in rural
Jamaica or a large one in a modern Dutch city.