Monday, 24 September 2018

Chart: Strong support for marijuana legalization ballot initiatives ahead of 2018 election



This has the potential to be another banner year for the cannabis legalization movement, with up to six states potentially legalizing some form of cannabis by the end of 2018.

Vermont and Oklahoma already passed legalization measures earlier in the year, for recreational and medical marijuana, respectively.

Meanwhile, advocates in Missouri and Utah gathered enough signatures to get medical marijuana on the 2018 ballot, while voters in Michigan and North Dakota will decide the fate of recreational cannabis initiatives in November.

Here’s an update on where support and funding levels for each legalization ballot initiative stands in Michigan, Missouri, North Dakota and Utah.

Michigan
Proposal 1, the ballot initiative to legalize the possession and sale of recreational marijuana in Michigan, has garnered consistently strong support in the state in terms of funding and polling.
The Coalition to Regulate Marijuana Like Alcohol is leading the legalization effort and, to date, has outraised opposing organizations by a 6-to-1 margin.

A May poll by Victory Phones found 48% of respondents in support of the measure – the lowest level of support among all listed polls – while Michigan State University’s Institute for Public Policy and Social Research poll, also in May, pegged support for the initiative at 61%. The most recent poll from WDIV/Detroit News found 56% of likely Michigan voters in support of legalizing recreational cannabis.

Missouri
Three separate initiatives to legalize the possession and sale of medical marijuana made the ballot in Missouri.:
  • Proposition C – a statutory change instead of a constitutional amendment – would allow MMJ use if a patient has a qualifying condition. Medical marijuana would incur a 2% sales tax at the retail level.
  • Amendment 3 would allow patients to use MMJ if they have a specific qualifying condition but would tax MMJ sales at 15% to fund cancer and other incurable disease research.
  • Amendment 2 would give physicians more latitude when recommending MMJ and would tax sales at 4%. It is also the only ballot initiative in Missouri that specifically allows home cultivation of MMJ.
Funding for each of the initiatives has eclipsed $1 million, and no opposition campaign has been formed.
General public support for legalizing MMJ in the state tops 50%.
Because multiple initiatives are being considered, the measure that receives the most votes is typically adopted. However, if a constitutional amendment and a statutory measure are both passed, the outcome will be decided in court.
North Dakota
A Kitchens Group poll of eligible North Dakota voters in February found 46% of respondents supported Measure 3, the ballot initiative legalizing adult-use cannabis in the state, while 15% of respondents were undecided.
Another poll conducted in August by Odney indicated that 38% of respondents supported rec legalization with just 6% undecided.
With limited funding to support marketing or voter-outreach efforts, it appears rec legalization in North Dakota will face an uphill battle in November.
Utah
Support for medical marijuana legalization in Utah – Proposition 2 – is strong, though it has diminished in recent months.
Market research firm Dan Jones & Associates has polled registered Utah voters on several occasions throughout the year, finding support for MMJ legalization among survey respondents stood at 76% in February. It had dipped to 64% by late August.
The August poll was administered just after the Church of Jesus Christ of Latter-day Saints – an extremely influential religious group in Utah – formally announced its opposition to the MMJ initiative.
The committee registered in support of the legalization measure – Utah Patients Coalition – has raised more than four times that of Drug Safe Utah, the group that opposes the measure.

From buying to selling to smoking, what we know about the pot rules in Manitoba so far

Canadians will be able to use, buy recreational cannabis legally as of Oct. 17, but it won't be a free-for-all

A 2015 file photo shows jars of marijuana buds marketed by rapper Snopp Dogg in a LivWell outlet in Denver, where selling recreational marijuana became legal in 2014. It will become legal across Canada on Oct. 17. (David Zalubowski/Associated Press)
 
You'll soon be able to legally buy and consume cannabis in Manitoba — but there are plenty of rules to dictate exactly how you can do that.

On Oct. 17, Canada will become the first country in the G7 to legalize cannabis on a national level.

But it won't be a free-for-all: Ottawa and all the provinces will still enforce rules on its use, and those rules will differ from province to province.

Here's what we know so far about how it's going to work in Manitoba.

Using it

To start with, Manitobans who want to use cannabis have to be 19 or older.

Assuming you're of age, you'll be allowed to carry up to 30 grams of dried cannabis on you in public — but carrying more is illegal. That means 30 grams is the most you'll be able to buy at one time.

According to provincial rules, you also won't be allowed to smoke or vape it in public.

The Non-Smokers Health Protection and Vapour Products Act will prohibit smoking or vaping it in public places — indoor and outdoor — including workplaces, group living facilities, streets and sidewalks, parks and beaches, school grounds, restaurant patios and the grounds of health-care facilities.
A smoker holds up a bong at 420 celebrations at the Manitoba Legislature on April 20, 2017. According to provincial rules, you also won't be allowed to smoke or vape cannabis in public following legalization. (Holly Caruk/CBC)
 
An exception will be designated rooms in hospital palliative care units or end-of-life hospices. As well, the owner of a group living facility can designate a separate smoking room in the facility. Hotel owners can do the same.

You can, however, smoke or vape in a private residence, including your yard, the province says.
It's unclear what the province's rules will mean for renters whose landlords don't allow marijuana smoking inside, and who won't be allowed to smoke outside their apartment blocks.

Federal rules won't allow retail of edible cannabis products right away, but you're still allowed to make your own.

Manitoba rules don't explicitly ban consumption of edibles other than in vehicles, boats and schools, but Premier Brian Pallister has said he's considering closing that loophole.

Buy it, sell it — but don't grow it

In Manitoba, you're going to have to buy your cannabis because provincial rules don't allow you to grow it at home.

The federal legislation, however, allows for growing up to four plants at home — which has left some experts to suggest Manitoba's home-growing ban may be open to a court challenge.

Last year, the province announced it will use a hybrid public/private model for legal cannabis, meaning the Manitoba Liquor and Lotteries Corporation will purchase cannabis from licensed producers and deliver it, or arrange for delivery, to approved, privately operated retail cannabis stores.

Customers shop for marijuana inside a recreational marijuana store in Denver in this 2015 photo. In Manitoba, customers will not be able to handle or sample merchandise in pot shops. (Brenna Linsley/Associated Press)
 
According to the provincial Safe and Responsible Retailing of Cannabis Act, retail will be regulated by Manitoba's Liquor, Gaming and Cannabis Authority, while Manitoba Liquor and Lotteries will administer order processing and distribution to authorized retailers.

To be authorized, retailers must pass muster with the Liquor, Gaming and Cannabis Authority of Manitoba. After a request for proposals in February, the province selected four retailers, and another request for pre-qualifications to expand opportunities closed in August.

The qualified retailers are listed on the province's website, although a recent merger dropped the group down to three:
  • Delta 9 Cannabis Inc. and Canopy Growth Corporation, which are in partnership and will provide product to each other's retail locations.
  • National Access Cannabis, in partnership with several Manitoba First Nations, including Brokenhead Ojibway Nation, Opaskwayak Cree Nation, Long Plain First Nation, Nisichawayasihk Cree Nation and Peguis First Nation.
  • Garden Variety, a consortium involving Avana Canada Inc. of Ontario, Fisher River Cree Nation of Manitoba, Chippewas of the Thames First Nation of Ontario, MediPharm Labs of Ontario, and U.S.-based retailer Native Roots Dispensary.
Canopy Growth bought out the shares of Hiku Brands — the owner of Tokyo Smoke, which was originally on the list — in July.

Delta 9 and National Access Cannabis both say they'll have stores ready to operate in Manitoba on Oct. 17 — Delta 9 says it will have one and National Access Cannabis says it will have three — but a spokesperson for Garden Variety said it won't have its first stores open until later this year.

Eventually, in an effort to eliminate the black market, the province says its goal is for 90 per cent of Manitobans to have access to legal cannabis within a 30-minute drive or less. In July, Manitoba Minister of Growth, Enterprise and Trade Blaine Pedersen said the province hopes to achieve that within two years of legalization.

According to provincial rules released earlier this month, stores will be required to do background checks on employees — although a criminal record won't necessarily disqualify candidates.

Stores also won't be allowed to offer free samples. In fact, customers won't even be permitted to touch the product before purchasing it.

Stores can't sell plants or seeds, take returns or sell more than 30 grams of dried cannabis or the equivalent to a customer. They can't be open between midnight and 8 a.m.

The rules require stores to display certain public service notices — such as information about safe consumption — as well as install video surveillance system with clear, colour, time-stamped images of all interior areas.

Employees will have to complete the Smart Choices training course, offered in-class by authority inspectors, and verify all customers' ages using photo identification.

Stores must also maintain records of inventory, including data on product received, available for sale, sold, not available for sale because it's on display, subject to a recall, or disposed of.

Driving with it

Last month, Ottawa approved its first roadside testing device to screen drivers for drugs — the Drager DrugTest 5000, a handheld device that tests saliva for THC, the main psychoactive ingredient in cannabis — although concerns have been raised about the accuracy and invasiveness of the test.

Under Bill C-46, with new federal amendments coming into effect this December, police will have the right to conduct roadside saliva tests of drivers they suspect to be under the influence of drugs.

 
 
The federal government has approved its first roadside testing device to screen drivers for drugs. If you want to take cannabis with you in your car in Manitoba, provincial rules require it to be stored so that it's inaccessible to people in the vehicle. (CBC)
 
According to federal rules, a driver who is found to have between two and five nanograms of THC per millilitre of blood could face a maximum fine of up to $1,000.

Manitobans will also be prohibited from consuming the drug in motorized vehicles on a highway, under Manitoba's Highway Traffic Act.

Recent changes to the act will give police officers the authority to suspend a driver's licence for 24 hours if the officer believes the driver is under the influence of a drug and unable to safely operate the vehicle.

The act also requires the registrar of motor vehicles to determine if drivers should face further consequences following the suspension — meaning Manitoba Public Insurance could impose its own penalties.

If you want to take cannabis with you in the car, provincial rules require it to be stored in a secure compartment, like the vehicle's trunk, so that it's inaccessible to people in the vehicle.

Exceptions are made for cases where the vehicle is transporting somebody for compensation (taxicabs, for example) and the cannabis is in the possession of a passenger and in that person's personal effects.

Price point and taxes

The province has said multiple times it wants to keep pot prices competitive to avoid driving customers to the black market.

In December, the province suggested a price of around $10 per gram, but federal Public Safety Minister Ralph Goodale said in February the price point hadn't been finalized and will ultimately be determined by market circumstances.

According to the province's Budget Implementation and Tax Statutes Amendment Act, Manitoba won't charge sales tax on recreational cannabis.

Manitoba Liquor and Lotteries will apply markups of 75 cents per gram on recreational cannabis, plus an additional nine per cent, for retailers — who will also pay six per cent of their revenues as a social responsibility fee to the government.

Ottawa is also adding an excise tax to cannabis, revenue from which will be split 75-25 between the provinces and the federal government.

Policing it

As usual, breaking federal rules on cannabis will land you criminal charges.

Breaking provincial rules will net you a fine, varying based on the offence.

Smoking pot in a provincial park or campsite comes with a fine of $672, including court costs and other surcharges. The same fine will apply to people under 19 who are caught consuming or in possession of cannabis.

Growing the plants at home, supplying the drug to an underage person or selling it without a licence will bring fines of $2,542.

The fine for homegrowing has been criticized by some as overly high, but the province says it's the same as the fine for illegally producing liquor.

Timeline for Marijuana Legalization in the United States: How the Dominoes Are Falling

What you need to know about the past, present, and future of marijuana legalization nationwide.

Going green has taken on a new meaning in the United States. Less than two decades ago, marijuana was illegal in all 50 U.S. states. With Oklahoma passing a ballot initiative in June 2018 to legalize medical marijuana, 30 U.S. states now have broad legislation in place that allows of the use of marijuana.

Think of the states as dominoes lined up one by one. When the first domino topples, it leads to a chain reaction that causes most, if not all, of the others to fall. That's what has happened, and continues to happen, with state legalization of marijuana. The timeline for marijuana legalization in the U.S. shows how those dominoes keep falling.

Marijuana plant in front of U.S. flag
Image source: Getty Images.

Decriminalization vs. legalization

Let's first differentiate two actions states have taken with respect to marijuana. Decriminalization refers to the relaxation of criminal penalties associated with personal marijuana use. Oregon was the first state to decriminalize marijuana in 1973. The state imposed just a $100 fine for possession of up to an ounce.

Over the next 15 years following Oregon's legal change, at least a dozen other states decriminalized marijuana. But decriminalization merely lowered or removed the sting from anti-marijuana laws. Manufacturing and selling marijuana remained illegal.

Legalization, on the other hand, not only allows individual marijuana possession, but in most cases it also permits the legal production and sale of the drug. There are two types of marijuana legalization: the legalization of medical cannabis and the legalization of recreational marijuana.

All but four U.S. states have some form of medical marijuana law. However, 16 states only allow legal use of cannabidiol (CBD) or medical cannabis that has a low tetrahydrocannabinol (THC) content. CBD is a chemical ingredient of the cannabis plant that isn't psychoactive, while THC is the primary psychoactive ingredient in cannabis. These 16  states usually aren't included in the number of states that have legalized medical marijuana, because their laws place strict limitations on the form and manner of medical marijuana use. Thirty states, however, allow broad access to marijuana for medical purposes for patients.

Nine states plus the District of Columbia have cannabis laws in place that allow the legal use of marijuana for both medical and recreational purposes. No prescription is required for individuals to use marijuana in these jurisdictions. Some of the laws regulating marijuana are quite unusual, however. For example, the District of Columbia allows the legal use of recreational marijuana but technically still bans the buying and selling of the drug.

Key marijuana legalization milestones

While the decriminalization of marijuana in the U.S. began in 1973, it wasn't until 1996 that the march toward legalization began. Here are the key milestones for U.S. marijuana legalization.

Year  Milestone 
1996
  • California voters pass Proposition 215, legalizing medical marijuana in the state.
  • Arizona voters pass a ballot initiative legalizing medical marijuana. However, the initiative is found to be invalid because of its wording related to marijuana prescriptions, which remained illegal under federal law.
1998
  • Alaska voters pass Measure 8, to allow medical use of marijuana.
  • District of Columbia (D.C.) voters pass Ballot Initiative 59, which permitted patients who were seriously ill to use medical marijuana when recommended by a licensed physician. However, the U.S. Congress voted to prevent the initiative from being enacted.
  • Oregon passes the Oregon Medical Marijuana Act.
  • Washington voters pass Initiative 692, legalizing medical marijuana.
1999
  • Alaska legislature passes SB 94, amending previous provisions related to medical marijuana.
  • Maine voters pass Question 2, a ballot initiative legalizing medical marijuana.
2000
  • Colorado voters pass Ballot Amendment 20, to allow the legal use of medical marijuana.
  • Hawaii legislature passes SB862, legalizing the medical use of cannabis.
  • Nevada voters pass Question 9, to amend the state's constitution to allow medical marijuana.
2002
  • Maine legislature passes LD 611, to create a nonprofit marijuana distribution center in the state.
2003
  • California legislature passes SB 420, which prohibits physicians from being punished for recommending medical marijuana to patients.
2004
  • Montana voters pass Initiative 148, allowing the legal use of medical marijuana for patients with debilitating conditions.
  • Vermont legislature passes SB 76, which legalizes the use of medical marijuana for patients with specified serious illnesses.
2007
  • New Mexico legislature passes SB 523, legalizing medical marijuana for compassionate use.
  • Oregon legislature passes SB 161, amending certain provisions and creating new provisions related to the use of medical marijuana in the state.
  • Rhode Island's General Assembly passes SB 791, to allow the legal use of medical marijuana for certain debilitating medical conditions.
  • Vermont legislature passes SB 7, expanding the use of medical marijuana to more conditions.
2008
  • Michigan voters pass Proposal 1, which legalizes the medical use of marijuana in the state.
2009
  • U.S. Congress reverses its blocking of the District of Columbia's Initiative 59 that voters passed in 1998.
  • The Obama administration issues a memo to federal prosecutors, encouraging them to refrain from prosecuting people who distribute medical marijuana in compliance with state laws.
  • Maine voters pass the Question 5 ballot initiative to create nonprofit medical cannabis dispensaries and to establish a statewide system for identification cards to protect patients who use medical marijuana from being arrested. 
  • New Jersey legislature passes SB 119, legalizing medical marijuana.
  • Rhode Island General Assembly passes SB 185, amending its medical marijuana laws to establish compassion centers for the distribution of medical marijuana.
2010
  • Arizona voters pass Proposition 203, legalizing medical marijuana.
  • District of Columba council passes L18-2010, legalizing medical marijuana.
  • Maine legislature passes LD 1811, amending the state's medical marijuana laws to, among other things, establish a medical advisory board for adding new conditions for which medical marijuana could legally be used.
  • Washington state legislature passes SB 5798, to allow authorized healthcare professionals other than physicians to recommend medical marijuana for patients.
2011
  • Delaware General Assembly passes SB 217, legalizing medical marijuana.
  • Montana legislature passes SB 423, expanding the state's medical marijuana laws.
  • Vermont legislature passes SB 17, registering nonprofit organizations for distributing medical marijuana.
  • Washington state legislature passes SB 5073, further relaxing limitations on its medical marijuana laws.
2012
  • Colorado voters pass Amendment 64, legalizing the use of recreational marijuana.
  • Massachusetts voters pass the Question 3 ballot initiative, allowing the legal use of medical marijuana.
  • Washington state voters approve Initiative 502, legalizing recreational marijuana.
2013
  • The Obama administration issues the "Cole memo" to federal prosecutors to limit intervention in states that have legalized marijuana.
  • Illinois legislature passes HB 1, to allow the compassionate use of medical marijuana.
  • New Hampshire legislature passes HB 573, legalizing the use of medical cannabis.
2014
  • Alaska voters pass Ballot Measure 2, legalizing recreational marijuana.
  • District of Columbia voters pass Initiative 71, legalizing recreational marijuana.
  • Minnesota legislature passes SF 2470, allowing the legal use of medical marijuana.  
  • New York state assembly passes A6357, legalizing medical marijuana.
  • Oregon voters pass Measure 91, legalizing recreational marijuana.
2016
  • Arkansas voters pass Issue 6 to amend the state constitution to legalize medical marijuana.
  • California voters pass Proposition 64, legalizing recreational marijuana.
  • Florida voters pass Amendment 2, legalizing medical marijuana.
  • Massachusetts voters pass the Question 4 ballot initiative, legalizing recreational marijuana.
  • Nevada voters pass the Question 2 ballot initiative, legalizing recreational marijuana.
  • North Dakota voters pass Measure 5, legalizing medical marijuana.
  • Ohio legislature passes HB 523, legalizing medical marijuana.
  • Pennsylvania legislature passes SB 3, legalizing medical marijuana.
2017
  • West Virginia legislature passes SB 386, legalizing medical marijuana.
2018
  • U.S. Attorney General Jeff Sessions rescinds the Cole memo and other Obama administration policies related to enforcement of federal marijuana laws in states that have legalized marijuana.
  • Oklahoma voters pass Question 788 to legalize medical marijuana.
  • Vermont legislature passes H. 511 bill, to allow the legal use of recreational marijuana in limited quantities.
Data sources: National Conference of State Legislatures, CNN. 

Most important laws passed

There has been quite a lot of activity in recent years to promote the legal use of marijuana for either medical or recreational purposes. Five of these laws especially stand out because of their significant impact.
  1. California's Proposition 215 (1996). With this ballot initiative, California became the first state to legalize medical marijuana. California was the first domino to fall and gave organizers outside the state the confidence to push for the legalization of medical marijuana in their states.
  2. Colorado's Amendment 64 (2012). Colorado became one of the first two states to legalize recreational marijuana through a ballot initiative. The state also set the standard for others in how to regulate recreational marijuana, with sales of both medical and recreational cannabis of $1.5 billion in 2017.
  3. Washington's Initiative 502 (2012). Washington state residents voted to legalize recreational marijuana at the same time Colorado did. While Washington's recreational cannabis market hasn't been quite as large as in its fellow pioneer state, total marijuana spending last year in the state was $934 million.  
  4. California's Proposition 64 (2016). California's passage of a ballot initiative to legalize recreational marijuana is important because of the state's size. The medical marijuana market in California was nearly $3 billion last year, roughly twice the size of Colorado's total marijuana market. By 2022, California's total marijuana market could be in the ballpark of $7.7 billion, according to projections from Arcview Market Research and BDS Analytics.
  5. Vermont's H. 511 (2018). Tiny Vermont deserves distinction as the first state to legalize recreational marijuana by way of the state legislature rather than through a ballot initiative. However, there was a twist with Vermont's law. While the use of recreational marijuana up to an ounce is allowed, the sale of recreational marijuana is still illegal, for now.

Significant proponents and opponents 

As you might expect, the legalization of marijuana has attracted both vocal supporters and opponents. Several groups have formed on both sides of the question. Here are four of the most influential.

National Organization for the Reform of Marijuana Laws. Founded in 1970, NORML is probably the most influential marijuana advocacy group. The organization championed early marijuana decriminalization efforts and remains active in working to legalize both medical and recreational marijuana across the nation. NORML's advisory board includes quite a few celebrities, including comedian Bill Maher, actor Woody Harrelson, actor Tommy Chong, and singer Willie Nelson.

Marijuana Policy Project. Founded in 1995, MPP lobbies the U.S. Congress and state legislatures with a special focus on decriminalizing marijuana and changing laws to make medical marijuana available to patients. The organization was active publicly and behind the scenes on many of the marijuana legalization milestones mentioned earlier.

Drug Policy Alliance. DPA's roots date to 1987, when American University professor Arnold Trebach and attorney Kevin Zeese, who had previously worked with NORML, founded the Drug Policy Foundation. In 2000, DPF merged with The Lindesmith Center, another organization focused on changing U.S. drug policy, and adopted its current name. The organization has been front and center in several victories, including the legalization of recreational marijuana in California and Colorado.

Smart Approaches to Marijuana (SAM). On the other side of the fence are several prominent organizations opposing marijuana legalization. Former Obama administration drug policy advisor Kevin Sabet and former Rep. Patrick Kennedy (D-R.I.) started SAM, one of the top anti-marijuana groups, in 2013. SAM's primary focus is to prevent a "Big Marijuana" equivalent to the

"Big Tobacco" group of large tobacco makers that exert significant influence nationally.

Drug Free America Foundation. Former U.S. ambassador to Italy Mel Sembler and his wife, Betty, started DFAF in 1976. DFAF promotes national and state policies to reduce drug use and addiction.
 
Others. Some companies have also fought against marijuana legalization. Insys Therapeutics (NASDAQ:INSY) donated $500,000 in 2016 to help defeat a ballot initiative to legalize recreational marijuana in Arizona. Not so coincidentally, Insys markets a cannabinoid drug, Syndros, which launched last year for treating anorexia in people with AIDS and for treating chemotherapy-induced nausea and vomiting.

Barriers to legalization

Despite the number of states that have legalized marijuana, the drug remains illegal at the federal level. Marijuana is a controlled substance under federal law, and the U.S. Supreme Court has ruled that the federal government can prosecute violations of applicable federal laws even in states that have legalized marijuana.

Nevertheless, 30 states have elected to legalize marijuana despite federal laws to the contrary.

Why haven't the other states moved forward with legalization? The biggest reason is probably concern about the potential for abuse of marijuana and the societal problems to which this abuse might contribute.

It didn't help that a 2017 report from the National Academies of Science, Engineering, and Medicine stated that "conclusive evidence regarding the short- and long-term health effects -- both harms and benefits -- of cannabis use remains elusive." Marijuana opponents use this report to question the wisdom of legalizing a product for which uncertainties regarding safety exist.

These concerns are a major factor holding back states from legalizing recreational marijuana.

Many Americans continue to oppose any use of narcotic drugs for recreational purposes. Even among those who do support legalization of marijuana, it's often not a top priority. These factors make it easy for some politicians to oppose legalization or simply ignore the topic. 

The future of U.S. marijuana legalization

It seems likely that more states will legalize marijuana. Michigan residents vote on legalizing recreational marijuana in November 2018, and several states, including New Jersey and New York, might not be far away from legalizing the use of recreational marijuana as well. It's also possible that some of the states that have highly restrictive medical marijuana laws could relax their laws to allow broader access.

One big factor driving this trend is that states need additional revenue. Just as most states legalized lotteries to generate revenue, many states could find legalizing marijuana as a way to boost their revenue without making unpopular moves such as raising income or sales taxes.

Could U.S. federal laws be changed to ease restrictions against the use and sale of marijuana? It's not out of the question. President Trump signaled his support earlier this year for efforts led by Sen. Cory Gardner (R.-Colo.) to pass legislation to allow state marijuana laws to effectively supersede federal laws.

Public support among Americans for legalizing marijuana is at an all-time high, and Americans support the rights of states to make and enforce their own marijuana laws. However, a majority of older U.S. citizens, who traditionally vote in high numbers, still oppose legalization. Most Americans indicate that they would vote for a candidate with whom they disagreed on marijuana policy.

Senators and representatives who want to play it safe could remain opposed to federal legalization of marijuana.

Implications for investors

Marijuana is already a large industry, with U.S. sales last year estimated to be between $5.8 billion and $6.6 billion. By 2022, U.S. marijuana sales could top $22 billion. Investors won't find too many industries that more than triple in size in five years.

A big challenge, though, is that there are few really good investing alternatives among U.S. stocks. Most of the ones available are relatively small and trade over-the-counter rather than on major stock exchanges. They also tend to sport astronomical valuations.

MariMed (NASDAQOTH:MRMD), for example, is one of the hottest marijuana stocks so far in 2018. The company provides professional management services to marijuana growers in several states. But MariMed claims a market cap of over $500 million, with 2017 revenue of only $6.1 million. It's not yet profitable and could have to raise cash soon to fund operations.

One exception among U.S. marijuana stocks, though, is Scotts Miracle-Gro (NYSE:SMG).

The company is the go-to supplier of hydroponics products for marijuana growers. Scotts is profitable. Its valuation isn't outrageous, and the company even pays a dividend. The catch, however, is that Scotts Miracle-Gro makes less than 10% of its total revenue from sales to the cannabis industry. Most of Scotts' money is made from selling consumer lawn and garden products.

The fortunes of both MariMed and Scotts Miracle-Gro, as well as other U.S. marijuana stocks, will be greatly affected by what happens with marijuana legalization in the United States. If more states legalize marijuana and/or the federal government relaxes its cannabis laws, these stocks could soar.

But as long as the threat exists that the feds could crack down on the marijuana industry, buying these stocks will come with an added level of risk.

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Friday, 21 September 2018

Marijuana Use Disorder: The weaponization of mental health

By Paul Danish
 
 
Cannabis Training University/Wikimedia Commons
 
Most marijuana prohibitionists have given up on claiming that marijuana is addictive.

That’s because in order to make the charge stick they have to expand the concept of addiction to the point where it doesn’t have much meaning. Instead they’ve come up with a more invidious concept to demonize pot use: “Marijuana Use Disorder.”

According to a passage in the National Survey on Drug Use and Health (NSDUH), which every year interviews 70,000 people over the age 12 about their drug and alcohol use (if any), the interviewees “were categorized as having a Marijuana Use Disorder if they met the DSM-IV criteria for either dependence or abuse for marijuana.”

DSM-IV refers to the classification codes found in the American Psychiatric Association’s Diagnostic and Statistical Manual — Fourth Edition.

The DSM-IV criteria used for defining marijuana “dependence” are the same as those used for defining “Illicit Drug Use Disorder,” which encompasses drugs like cocaine, heroin, hallucinogens, inhalants, methamphetamines or prescription opioids, as well as marijuana.

The seven criteria are:
“1. spent a lot of time engaging in activities related to use of the drug,
“2. used the drug in greater quantities or for a longer time than intended,
“3. developed tolerance to the drug,
“4. made unsuccessful attempts to cut down on use of the drug,
“5. continued to use the drug despite physical health or emotional problems associated with use,
“6. reduced or eliminated participation in other activities because of use of the drug, and
“7. experienced withdrawal symptoms when respondents cut back or stopped using the drug.”

For most illicit drugs, “dependence is defined as meeting three or more of these seven criteria” according to NSDUH, but in the case of drugs where withdrawal symptoms are not an issue, which presumably includes marijuana, dependence is defined as meeting three or more of the first six criteria.

These may sound like a plausible set of criteria for  defining marijuana dependence — except for one small detail: National Survey on Drug Use and Health “respondents who used marijuana on 6 or more days in the past 12 months” were categorized as having a Marijuana Use Disorder if they met three or more of the criteria.

In other words, if you smoke pot six times a year, once every two months on average, you can be classified as being dependent on marijuana and having a shiny new mental illness — Marijuana Use Disorder.

Now then, just for grins let’s see how the six criteria hold up when applied to someone who smokes 
pot six times a year:
Criterium 1: You “spent a lot of time engaging in activities related to use of the drug.” For the six glorious days a year on which you inhaled? What in the name of sanity were you doing on the other 359 days? Lurking in head shops? Downloading pot pictures from Google Images. Getting off while reading back issues of High Times? Give me a break.

Criterium 2: You “used the drug in greater quantities or for a longer time than intended.” Maybe you were planning to get stoned every three months, but you got stoned every two months instead. Bang! Smoking gun evidence of dependence.

Criterium 3: You “developed a tolerance to the drug.” You developed a tolerance for marijuana by smoking it once every 60 days? Give me a break squared and cubed.

Criterium 4: You “made unsuccessful attempts to cut down on the use of marijuana.” You couldn’t cut your six days a year, ganja Jones, down to five days a year, no matter how hard you tried? You obviously need professional help.

Criterium 5: You “continued to use marijuana despite physical health or emotional problems associated with use.” So smoking pot once every two months turned you into a physical and emotional wreck? Oh sure.

Criterium 6: You “reduced or eliminated participation in other activities because of use of pot.” 

Activities like not using power tools or driving under the influence, maybe? You thought you were just being careful, when actually you were flying your Marijuana Use Disorder flag.

Question for the folks conducting the National Survey on Drug Use and Health: Is someone who meets three of the six criteria while using alcohol six times a year or who has a beer after work or a drink before dinner suffering from alcohol dependence and Alcohol Use Disorder? And if not, why not?

Using these foregoing metrics, the NSDUH survey concluded that 4 million Americans over the age of 12 have a Marijuana Use Disorder.

What’s going on here is plain enough. Some credentialed charlatans in the federal government and the psych community are trying to define normal human conduct — occasional use of marijuana or regular use in moderation — as mental illness.

It kind of reminds you of how the People’s Republic of China, and the Soviet Union before it, tried to weaponize mental health, doesn’t it?

Governor Signs Marijuana Legalization Bill, Making History In US Territory



With a governor's signature on Friday, the latest place to legalize marijuana in the U.S. isn't a state. 

It's the Commonwealth of the Northern Mariana Islands (CNMI)—a tiny Pacific territory with a population of just over 50,000.



Under the new law signed by Gov. Ralph Torres (R), adults over 21 years of age will be able to legally possess up to one ounce of marijuana, as well as infused products and extracts.

Regulators will issue licenses for cannabis producers, testing facilities, processors, retailers, wholesalers and lounges. Home cultivation of a small number of plants will be allowed.

CNMI is the first place in the U.S. to launch a commercial cannabis legalization system through an act of lawmakers—as opposed to by voters with a ballot initiative. Vermont legislators passed a bill to end marijuana prohibition this year, but it only allows for possession and home cultivation, not legal sales.


The territory is also the first U.S. jurisdiction to go from having cannabis totally illegal to allowing recreational use without first having a medical marijuana program.

"I am proud of our CNMI leadership, citizens and national organizations for working together to thoughtfully develop and approve a progressive piece of legislation that that will improve the quality of life for so many," Lawerence J. Duponcheel, co-founder of the advocacy group Sensible CNMI, said. "Together, we are telling the world that we do not feel that our citizens should be stigmatized and criminalized for the responsible adult use of cannabis and that they should no longer be denied access to this life-saving medicine."

After a series of back-and-forth moves between CNMI's House and Senate earlier this year, lawmakers finally sent the cannabis bill to Torres's desk last month.

It was unclear if the governor was going to sign or veto the legislation, as he had previously expressed concerns about the public safety implications of legalizing marijuana.

But in the end Torres decided to hold a signing ceremony to highlight his decision to enact the far-reaching cannabis reform.

"Today, our people made history. We took a stand to legalize marijuana in the CNMI for recreational, medical, and commercial use," he said in a statement.

CNMI Gov. Ralph Torres signs marijuana legalization into law.Photo by Senator Jude Hofschneider

Legalization supporters hope that the tiny territory's move will have big implications for the rest of the country.

"This is the first legislatively enacted law in the U.S. that taxes and regulates marijuana for adults’ use, but it will be far from the last," Karen O'Keefe, state policies director for the Marijuana Policy Project, said in an interview. "New Jersey could follow suit within weeks, and as many as five more state legislatures could do so within the next year. Public support for legalizing marijuana is strong and growing, and elected officials are increasingly getting the message."

Others advocates believe the building momentum will add to pressure on the federal government to modernize its approach to cannabis.

“The leadership and commonsense displayed by the elected officials of CNMI is yet another pivotal crack in the wall of prohibition,” NORML Political Director Justin Strekal said. “It's time for Congress to take note of this new historic event and move to allow states and territories to set their own policies by removing cannabis from the Controlled Substances Act.”

Voters in several states will consider marijuana questions in November. Michigan and North Dakota, for example, have recreational legalization measures on their ballots, while Missouri and Utah will decide on medical cannabis proposals.

Meanwhile, Torres and other officials will get to work appointing a regulatory commission to implement CNMI's new legalization law. And, he wants lawmakers to pass separate companion legislation to "strengthen this bill for our community's public safety and public health," he said in his signing statement.

The follow-up proposal is likely to address is cannabis tax rates and fees, Sensible CNMI's Gerry Palacios Hemley said.

Marijuana use in SA: what next after landmark court ruling?

Anine Kriegler

A Rastafarian smokes a joint outside the Constitutional Court on September 18, 2018 after the ConCourt has ruled that the personal use of marijuana is not a criminal offence, South Africans are allowed to smoke and grow dagga at home. Picture: Cebisile Mbonani
A Rastafarian smokes a joint outside the Constitutional Court on September 18, 2018 after the ConCourt has ruled that the personal use of marijuana is not a criminal offence, South Africans are allowed to smoke and grow dagga at home. Picture: Cebisile Mbonani

The legalisation of the private use of cannabis is a victory for human rights. But much more work needs to be done to make it practical.

South Africa’s Constitutional Court has delivered a unanimous judgment that certain parts of the country’s drug laws are inconsistent with the right to privacy. Adults are now allowed to use, possess or cultivate cannabis in private for their own personal consumption.

The court gave some broad guidelines about what this would mean in practice. But it has left the details to Parliament.

This is an important victory for human rights and common sense. It also matters to the almost 300,000 people who are arrested for drug-related crimes each year, mostly for possession of small amounts of cannabis.

But there is much more work to be done to design a humane and rational system to regulate cannabis. Some of the key issues that will need to be addressed include how far privacy extends, exactly what products should be regulated, how non-users will be protected, and what to do about the existing criminal market.

The measure of privacy

Significantly, this change came after a legal challenge in support of the right to privacy. It did not result from a popular vote or from a shift in government policy, based on public health principles. This means the new regulatory system will need to look quite different to two of the existing models in the world.

The first is the commercialised system developing in parts of the US, where businesses sell cannabis in much the same way as alcohol. The other is the medicalised model of Uruguay, where cannabis can be bought without prescription at pharmacies.

Other countries can offer more appropriate comparisons. Jamaica has set its limits at possession of 2oz (56.6g) and the cultivation of up to five plants on any premises. Colombia’s limits are 20g or up to 20 plants. Spain’s limits are rather less clear, and must take into account the circumstances of the case, but plants should not be visible from the street.

An important question is whether South Africa will allow cannabis social clubs – structures for the non-profit production and distribution of cannabis among a closed group of adults. This is the “Spanish model”, which is currently in a precarious legal position at home but enjoys significant expert support, either as a permanent position or as a transitional model while more formally regulated production systems are developed. Such clubs should enjoy the same protection on the basis of privacy, although their regulation introduces additional complications.

Parliamentarians will also have to decide on what substances will be included in the law. Will it extend to hashish (a concentrated resin made from cannabis), cannabis oils, or synthetic cannabinoids? And should the court’s reasoning not be extended to other substances that have been judged by experts to present less harm than alcohol?

Preventing harm to others

The prevention of impaired driving is a reasonable concern. Given the difficulty in physiologically measuring cannabis intoxication, there will be a need to formalise rules on field sobriety testing.

Parliament will have to keep abreast of emerging evidence. Clear public messaging should be developed to communicate that cannabis-impaired driving is illegal and risky.

Another concern is the protection of minors. Regular cannabis use does seem to pose risks for adolescent brain development, so it is important that the country works out how best to discourage its consumption among or near children.

Commercialisation question

One criticism of the private cultivation and use model – such as the one in Spain – is that it forgoes the possible benefits of a more open regulated and commercialised system. This includes prospects for purity and potency controls, economic and employment growth, and tax revenues that can be earmarked for programmes to help mitigate cannabis-related risks and harms.

The approach envisioned by the South African Constitutional Court also has the disadvantage that it leaves intact the criminal market that supplies those who don’t meet its restrictions. Not every prospective cannabis user will be willing or reasonably able to grow their own plants or to join a cannabis club. So, there will still be a role for organised criminal groups to reap profits.

And there will still be a need for police enforcement. But it will involve even greater scope for discretion and possible corruption. The country will need to guard against a “net-widening” effect, where policy liberalisation ends up drawing even more people into conflict with the criminal justice system. South Africa will also need to interrogate whether it is still justifiable for people to be jailed for supplying a product that consumers have a right to possess.

Finally, there is the question of the many people who have been criminalised for an activity that is now considered an expression of a basic constitutional right. The court was clear that its judgment was not to be applied retrospectively. However, other jurisdictions – as in the US – have already begun offering pardons on request or discussing whether pardons should happen en masse.

Not a free-for-all, but an excellent start

Those cannabis campaigners and aficionados who were hoping for a Colorado-style boom in consumer options would have been disappointed. On balance, however, this may be a good thing, at least in the interim. Many policy reform experts warn of the dangers of over-commercialisation.

Putting the supply of a risky product in the hands of profit-maximising private interests with little interest in public health is not a recipe for success. In this, the history of alcohol and tobacco control provide a useful lesson.The Conversation

Thursday, 20 September 2018

Cannabis a potential booster for SA economy

Simphiwe Dhlamini

Cannabis commonly known as marijuana or hemp may hold the key to South Africa’s future economic prospect. Cannabis is a flowering plant that belongs to the family Cannabaceae and is native to the Asian subcontinent. There are arguably three main species namely C. sativa, C. indica and C. ruderalis.

Often a controversial issue, cannabis has suffered waves of scrutiny mostly based on misconceptions and wild sensationalised stereotypes. Officially ruled illegal in Louisiana and Texas in 1937 under the Marijuana Tax Act of 1937, Cannabis is Illegal in 179 countries (out of 195).

Recent scientific publication and research have brought the much-desired impact of cannabis into light. We now know that cannabis holds an abundance of miracle cures namely in the medicinal and scientific field. Chemical compounds found in Cannabis called Cannabinoids, which play a central role in disease treatment such as Cancer chemotherapy, neuropathic pain, multiple sclerosis, alzheimer’s, epilepsy and asthma.

Often ingested directly as oil based or smoked. The annual dioecious herb has a strong traditional use in African cultures for its healing properties, often used in ethnobotany and other herb related fields, it appears the true potential of the plant is heavily stunted by its illegal reputation in general society.

Duncan Liddell a botany M.sc student following the research and study into Cannabis and THC said ‘Medically the plant is criminal in how it’s under used’. He further outlines the multitudes of economic benefits linked to legalizing cannabis such as the money collected from taxing the sale and licensing of cultivating cannabis, empowering entrepreneurship through large scale farming and closing the unemployment gap.

‘Hemp based products such as bio-degradable plastic, paper, clothing, and food will pave the way towards out-facing plastic pollution and eradicate large-scale deforestation. Hemp will help usher the global movement towards environmentally green life style and inject billions into our stagnant economy’ says Duncan.

Countries such as Spain, the state of California and Netherlands are reaping the copious riches from the hemp market and trading of cannabis and not to mention a bountiful increase in tourists.
      
The global concept of cannabis is fast progressing mainly in liberal states and with the growing frustration of pharmaceutical companies. South Africa could lead the unofficial new market in the continent while addressing localized poverty and maintain their promise of tackling unemployment.