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Chronicle AM -- July 18, 2014

Drug War Chronicle - Fri, 07/18/2014 - 20:00

Tens of thousands of federal drug prisoners could get out early after the US Sentencing Commission votes to make guideline reductions retroactive, the Ohio Supreme Court moves to cut some crack sentences, FedEx gets indicted for shipping pills for Internet pharmacies (and not taking a deal with the feds), and more. Let's get to it:

[image:1 align:left caption:true]Medical Marijuana

New York Medical Marijuana Business Alliance Formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

New Hampshire Advocates to Demonstrate at Statehouse Next Wednesday to Criticize Medical Marijuana Program Delays. Next Wednesday is the one-year anniversary of Gov. Maggie Hassan's signing of the state's medical marijuana bill, but the state's program is beset with needless delays, say advocates, who will gather at the statehouse in Concord next Wednesday to shine a media spotlight on the problem. Click on the link to RSVP.

Northern California Congressman Calls on US Attorney to Go After "Trespass" Marijuana Growers, Not People Complying With State Law. US Rep. Jared Hoffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

New Synthetic Drugs

Alaska Tries New Tactic in Battle Against Synthetics -- Fining Stores That Sell Them. Gov. Sean Parnell (R) Wednesday signed into law a bill designed to block the retail sale of synthetic drugs by defining them as products with "false or misleading labels" and imposing fines similar to traffic tickets on people who sell or possess them. The move comes after earlier efforts to suppress the new synthetics were undermined by manufacturers who adjusted their recipes to avoid lists of banned synthetics.

Law Enforcement

FedEx Hit With Criminal Indictment for Shipping Internet Pharmacy Drugs. A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments. Read the indictment here.

Sentencing

US Sentencing Commission Votes Unanimously for Retroactivity in Drug Sentencing, Could Affect 46,000 Federal Prisoners. The United States Sentencing Commission voted unanimously today at a public meeting to apply a reduction in the sentencing guideline levels applicable to most federal drug trafficking offenders retroactively, meaning that many offenders currently in prison could be eligible for reduced sentences beginning November 2015. Unless Congress disapproves the amendment, beginning November 1, 2014, eligible offenders can ask courts to reduce their sentences. Offenders whose requests are granted by the courts can be released no earlier than November 1, 2015. The Commission estimates that more than 46,000 offenders would be eligible to seek sentence reductions in court. These offenders' sentences could be reduced by 25 months on average. Click on the link for more information.

Ohio Supreme Court Rules Crack Defendants Sentenced After New Law to Reduce Disparities Went Into Effect Must Be Resentenced. The state Supreme Court ruled Wednesday that defendants convicted before laws reducing the penalty for possessing crack cocaine went into effect, but sentenced after they went into effect must be resentenced under the new law. The case is State v. Limoli.

International

Australia Drug Use Survey Released. The 2013 National Drug Strategy Household Survey, conducted by the Australian Institute of Health and Welfare, was released Thursday. Cigarette smoking is down, youth drinking is down, and so is the use of heroin, ecstasy, and GHB. The misuse of pharmaceuticals is up, and the use of meth remains steady.

Ending Moratorium, Singapore Executes Two Convicted Drug Dealers. Singapore today hanged two convicted drug dealers, the first executions for drug offenses since it imposed a moratorium on them in 2011. Tang Hai Liang, 36, had been convicted of trafficking 89.55 grams (3.2 ounces) of pure heroin and Foong Chee Peng, 48, had been found guilty of dealing 40.23 grams of the same illegal drug. Both are Singapore citizens. They had chosen not to seek resentencing under a 2012 law that abolished mandatory death sentences in some drug trafficking cases.

Categories: Latest News

FedEx Indicted on Criminal Charges for Shipping Internet Pharmacy Drugs

Drug War Chronicle - Fri, 07/18/2014 - 17:05

A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments.

[image:1 align:right caption:true]Read the indictment here.

The move comes after FedEx rejected offers from federal prosecutors to cut a deal. FedEx's chief competitor, UPS, settled a similar case last year by agreeing to pay $40 million after being linked to the shipment of prescription drugs by illegal online pharmacies. Both cases were brought by US Attorney for the Northern District of California Melinda Haag. [Ed: Haag is loathed by the medical marijuana community for action taken against northern California providers.]

But unlike UPS, FedEx refused to settle. And now, it is vowing to fight the charges.

"FedEx is innocent of the charges," the company said in a statement. "We will plead not guilty. We will defend against this attack on the integrity and good name of FedEx and its employees."

In the past, the company has said it wouldn't settle because it doesn't believe it has done anything wrong. FedEx argues that it should not be held responsible for the contents of the tens of millions of packages it ships each year. The company has acknowledged that it has been under grand jury scrutiny for several years.

The grand jury indictment accuses FedEx of knowingly shipping prescription drugs for two different online pharmacy operations, both of which were prosecuted by the Justice Department. It accuses FedEx of ignoring warnings about doing so for years.

"The advent of Internet pharmacies allowed the cheap and easy distribution of massive amounts of illegal prescription drugs to every corner of the United States, while allowing perpetrators to conceal their identities through the anonymity the Internet provides," said US Attorney Haag. "This indictment highlights the importance of holding corporations that knowingly enable illegal activity responsible for their role in aiding criminal behavior."

The charges carry with them a sentence of up to five years probation and fines totaling "twice the gross gains derived from the offense," or $820 million. Because no individuals are named in the indictment, however, it's not clear who or what would be on probation if FedEx is tried and convicted.

Categories: Latest News

CN ON: Say No To Corner Store Drug Items

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
Standard Freeholder, 18 Jul 2014 - Ontario Safety Council Wants Crackdown on Convenience Stores Selling Drug Paraphernalia Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Say No To Drug Paraphernalia

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
Barrie Examiner, 18 Jul 2014 - Ontario Safety Council Wants Crackdown on Convenience Stores Selling Drug Paraphernalia Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Say No to Corner Store Bongs

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
The Daily Observer, 18 Jul 2014 - Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says. Brian Patterson, president and CEO for the OSL, said an undercover operation this spring in convenience stores in Toronto and Barrie that carried drug paraphernalia found staff were routinely willing to sell to 17-year-old mystery shoppers.
Categories: Latest News

CN ON: Say No To Corner Store Bongs

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
The Peterborough Examiner, 18 Jul 2014 - Ontario Safety Council Wants Crackdown on Convenience Stores Selling Drug Paraphernalia Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Say No To Corner Store Bongs

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
Sudbury Star, 18 Jul 2014 - Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says. Brian Patterson, president and CEO for the OSL, said an undercover operation this spring in convenience stores in Toronto and Barrie that carried drug paraphernalia found staff were routinely willing to sell to 17-year-old mystery shoppers.
Categories: Latest News

CN ON: Say No To Corner Store Bongs

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
The Daily Press, 18 Jul 2014 - Ontario Safety Council Wants Crackdown on Convenience Stores Selling Drug Paraphernalia Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Say No To Corner Store Bongs

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
The Tribune, 18 Jul 2014 - Ontario Safety Council Wants Crackdown on Convenience Stores Selling Drug Paraphernalia Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Say No To Corner Store Bongs

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
London Free Press, 18 Jul 2014 - Ontario Safety Council Wants Crackdown on Convenience Stores Selling Drug Paraphernalia TORONTO - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Group Urges Crackdown On Sale Of Drug Paraphernalia

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
The Record, 18 Jul 2014 - TORONTO - The Ontario Safety League urged the Liberal government Thursday to crackdown on corner stores that sell crack-pipes, bongs, grinders and other drug paraphernalia by taking away their right to sell lottery tickets. "If the convenience stores are forced to choose between the lucrative sale of lottery tickets and selling drug paraphernalia contrary to the Criminal Code, I believe they'll chose lottery tickets," said league president Brian Patterson.
Categories: Latest News

CN ON: Say No To Paraphernalia

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
Packet & Times, 18 Jul 2014 - Toronto - The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says. Brian Patterson, president and CEO for the OSL, said an undercover operation this spring in convenience stores in Toronto and Barrie that carried drug paraphernalia found staff were routinely willing to sell to 17-year-old mystery shoppers.
Categories: Latest News

CN ON: Group Pipes Up Over Paraphernalia

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
Toronto Sun, 18 Jul 2014 - Calls Grow to Keep Drug Items Out of Convenience Stores The provincial government should crack down on convenience stores that sell bongs, drug pipes, pill grinders and similar items, the Ontario Safety League (OSL) says.
Categories: Latest News

CN ON: Free Pot In The Park

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
Toronto Sun, 18 Jul 2014 - Vouchers for Medical Grass Hidden Christie Park was up in smoke on Thursday. A group calling itself Marijuana Info Bureau (MIB) held a treasure hunt for free pot and dozens of hopefuls showed up for the search.
Categories: Latest News

CN ON: Column: Jury System All Powerful in Canada's Criminal

Top Stories (MAP) - Fri, 07/18/2014 - 07:00
The Sault Star, 18 Jul 2014 - My column last Sunday advocating the abolition of civil jury trials caused some confusion. To be clear, I am not advocating the abolition of juries for criminal trials. The right to a jury trial is enshrined in the Canadian Charter of Rights and Freedoms for anyone charged with an offence - other than under military law - for which there is a potential sentence of five years or more.
Categories: Latest News

Chronicle AM -- July 17, 2014

Drug War Chronicle - Thu, 07/17/2014 - 20:31

Marijuana decriminalization comes to the nation's capital, Vermont is set to study marijuana legalization, New Jersey residents press for "decarceration," Canadians are ready for marijuana reform, and more. Let's get to it:

[image:1 align:left caption:true]Marijuana Policy

The District of Columbia is Decriminalized. The decriminalization of the possession of an ounce of less of marijuana is now the law in the nation's capital. A law passed by the DC city council and signed by Mayor Vincent Gray (D) went into effect one minute after minute. Small time pot possession is now punishable only by a fine of $25. But the cops can still take your stash.

Vermont Launches Study of Marijuana Legalization. The state has hired the RAND Corporation to sort through the issues around legalizing marijuana in the Green Mountain State. The administration of Gov. Peter Shumlin (D) says the study is needed because lawmakers are expected to take up the issue during the legislative session next year. A report is expected to be issued by January.

Medical Marijuana

UFCW to Start Representing Washington State Medical Marijuana Workers. The United Food and Commercial Workers (UFCW) Local 367 announced this week that it expects to represents workers at a Puyallup medical marijuana collective. The UFCW represents a variety of retail, food processing, manufacturing, and production workers, but has also been active in the medical marijuana industry and has a Cannabis Workers Rising campaign, especially in California, where it has organized numerous work sites.

Drug Policy

Netroots Nation Gathering to Take Up Drug War Issues Friday. The ninth annual gathering of progressive voices known as Netroots Nation, meeting in Detroit this week, will address the war on drugs during a panel Friday. The panel is called "Marijuana Arrests: The Gateway to Mass Incarceration." The panel will take place at 4:30pm and can viewed live online here.

Sentencing

New Jersey Campaign to Reduce Incarceration Gets Underway. Residents of Essex County have launched a campaign to get lawmakers to pass legislation that would reduce incarceration in the Garden State. More than a thousand of them have signed a Change.org petition urging legislators to pass a bill they call the New Jersey Decarceration Act, which would lead to a large-scale release of nonviolent drug and other offenders.

International

Canadians Ready for Marijuana Reform, Poll Finds. An Ipsos-Reid poll commissioned by the Department of Justice has found that seven out of 10 Canadians are ready to decriminalize or legalize marijuana. Some 37% of respondents said it should be legalized, while another 33% said it should be decriminalized. Only 14% supported the status quo, while 12% wanted harsher penalties. The poll was commissioned by the government in December, but it hid the results until the newspaper The Star managed to obtain them.

Malaysian Court Sentences Nigerian Student to Death for Marijuana Trafficking. A Malaysian High Court judge sentenced Nigerian college student Uchechukwu Nelson Ohaechesi to be hanged after he was convicted of trafficking 26.5 kilograms of marijuana.

Categories: Latest News

New Offers: "After Legalization" E-Books, and "High Price" Signed for Reduced Price

Drug War Chronicle - Thu, 07/17/2014 - 15:25

Dear StoptheDrugWar.org supporter:

For the first time ever we are offering an "E-Book" as our latest membership premium. The book is "After Legalization: Understanding the Future of Marijuana Policy," by John Walker of Firedoglake. Read our review of the book, by Drug War Chronicle editor Phil Smith, here. Donate $12 or more to StoptheDrugWar.org, and we will email you a code and instructions for downloading After Legalization (epub or mobi format).

We also continue to offer author-signed copies of Dr. Carl Hart's "High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society" -- now for a reduced minimum donation amount of $35. (Author-signed copies will be sent for as long as current stocks last. After they run out, we reserve the right to send unsigned copies if necessary.)

For a minimum donation of $40, you can request both High Price and After Legalization. For any premium order, make sure to specify your request using our donation form's drop-down menu, or use the comment box for any special instructions.

Although we've asked for the above-listed minimum donation amounts to qualify for these gifts with your membership, I also hope you'll donate more if you can afford to. Things have changed in the drug reform funding scene, making our organization more dependent on membership to continue our programs.

Also note that donations to StoptheDrugWar.org can be tax-deductible, supporting our educational work, or non-deductible, supporting our lobbying work. (Note that selecting any gift items reduces the amount of your donation that is deductible -- which with a smaller gift amount can be most of it.) Donations can be made by credit card or PayPal at http://stopthedrugwar.org/donate, or sent by mail to P.O. Box 9853, Washington, DC 20016. If you are donating by check, please make it payable to DRCNet Foundation (if tax-deductible) or Drug Reform Coordination Network (if not deductible). If you wish to donate stock, the information to give your brokerage is Ameritrade, (800) 669-3900), DTC#0188, and account number 781926492 for tax-deductible gifts or 864663500 for non-deductible gifts -- please make sure to contact us if donating in this way.

Thank you for supporting drug policy reform at this time of amazing opportunity but continuing challenges. Working together we can and will change things for the better -- in fact we already are.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
Washington, DC
http://stopthedrugwar.org

Categories: Latest News

Chronicle Interview: Drug Policy Researcher Beau Kilmer [FEATURE]

Drug War Chronicle - Thu, 07/17/2014 - 14:51

Beau Kilmer is a senior policy researcher at the RAND Corporation, where he codirects the RAND Drug Policy Research Center. His research lies at the intersection of public health and public safety, with a special emphasis on substance use, illicit markets, crime, and public policy. Some of his current projects include estimating the size of illegal drug markets, assessing the consequences of alternative marijuana policies, measuring the effect of South Dakota's 24/7 Sobriety Program on drunk driving and domestic violence outcomes, and evaluating other innovative programs intended to reduce violence. Kilmer's research has appeared in leading journals such as Addiction, American Journal of Public Health, Journal of Quantitative Criminology, Proceedings of the National Academy of Sciences, and his essays have been published by the BBC, CNN, Los Angeles Times, New York Times, Wall Street Journal, and USA Today. His book on marijuana legalization, "Marijuana Legalization: What Everyone Needs to Know" (co-authored with Jonathan Caulkins, Angela Hawken, and Mark Kleiman) was published by Oxford University Press in 2012. Before earning his doctorate at Harvard University, Kilmer received a Judicial Administration Fellowship that supported his work with the San Francisco Drug Court.

[image:1 align:right caption:true]The Chronicle interview took place by phone Wednesday morning.

Drug War Chronicle: What are we learning from marijuana legalization so far in Colorado and Washington, especially about prices, tax rates, and regulatory structures?

Beau Kilmer: With respect to prices, I think it's too soon to make a serious judgment. I would expect them to fall eventually as the number of producers increases and there is more competition. Regarding taxes, there is clearly tax revenue coming in, but not as much as expected, partly because medical marijuana markets don't face the same taxes. These markets are in transition, and there are data lags. It's too early to do cost-benefit analyses, and when the data does start coming in, what happens a year or two from now, good or bad, could be completely different from what happens in five or 10 years.

There are two other things we need to consider in doing a cost-benefit analysis. First, when you hear that factor X or Y has decreased or increased, it's important to ask: Compared to what? People will say that this changed in Colorado, but how did it change or not in other states? This is often outside the capacity of news organizations, but when you hear people making these claims, you need to be asking questions. What about neighboring states? If media organizations did that, it could actually improve the quality of the discussion we're having.

The second thing is, don't forget about alcohol. If people are more likely to use alcohol and marijuana together, you have to worry about driving under the influence. Marijuana impairs you somewhat, alcohol impairs you more, and the interaction between marijuana and alcohol can increase the probability of impairment. On the other hand, if they are economic substitutes, if some heavy alcohol users are moving away from consuming it and consuming more marijuana, that could potentially be a net win for society. There are social costs associated with heavy marijuana use, but the social costs associated with alcohol are much greater -- fatal overdoses, chronic disease, violence. We really need to pay close attention to how legalization influences not only marijuana consumption, but also alcohol consumption. We will be watching this, not only in Colorado and Washington, but also in Uruguay.

Chronicle: How worried do we have to be about marijuana dependence, anyway? Is it any worse for the individual or society than, say, dependence on coffee?

Kilmer: Some people do run into problems. It affects their relationships, their employment, their daily behaviors, and can impose costs on them and some of their intimates. Some of those people may benefit from substance abuse treatment. On the other hand, some users get arrested and diverted into treatment when they don't really need it. Many experts agree that it poses less addictive risk than other drugs, not only in the likelihood of addiction, but also the degree. Having a cannabis use disorder is different from having a heroin use disorder.

When it comes to costs to society, a lot of it comes down to different intangibles. It's hard to quantify consequences, say, in terms of relationships with family members. We reviewed studies that look at marijuana compared to other substances, and when it comes to addiction risk, marijuana seems to be at the bottom of the list. It's not that it's not without costs, but in terms of harms associated with it, there seems to be much more harm associated with cocaine, heroin, or alcohol use disorders.

Chronicle: There are several different legalization models out there -- state monopoly stores vs. private stores, for example. Do you have a favorite model?

Kilmer: I completely understand why some jurisdictions would try something other than marijuana prohibition. There's a lot I don't like about it, especially the collateral consequences, but I'm not sure what the best alternative regime is. What's best for one jurisdiction may not be best for another. It's not clear that one size fits all. My opinion is that I will pay close attention to what happens in Colorado and Washington and Uruguay and some of these other places and use that information to update my opinions about marijuana policy. I hope other people do the same.

It's important to keep in mind that there is a lot of policy space in between prohibition and what we see in Colorado and Washington. There are a lot of options out there. You could just allow home cultivation, or you could do something like production co-ops or collectives. It will be really interesting to watch Uruguay, which has three routes: grow your own, join a co-op, or go to the pharmacy.

From a public health perspective, a state monopoly makes a lot of sense. It makes it easier to control prices and advertising. There is a lot of research that has looked at the state monopoly model for alcohol, and it tended to be better for public health. This model doesn't get a lot of attention in the United States, but there are other jurisdictions that may want to think about it.

The other potential advantage of starting with a state monopoly, is that it gives you more options. If a jurisdiction later decides it wants to allow commercial business, you can transition to a commercial model. But once you go from prohibition to a commercial model with for-profit firms and lobbyists, it gets a lot harder to put that genie back in the bottle. It gets entrenched. That's something to keep in mind.

The commercialization aspect is something we need to pay close attention to. In Uruguay, there is no advertising. The folks in Colorado and Washington are working hard to develop reasonable restrictions on advertising, but with the First Amendment here, we can't ban it.

Sunset laws may be advisable. There is a lot of uncertainty, and we don't know what the best model might be. You could start with a co-op model, try that for five or 10 years, then make a decision about whether to continue or go in a different direction. There are a lot of options, and we don't necessarily have to treat policy changes as permanent.

Another thing jurisdictions will want to think about it designing in some flexibility, especially with respect to taxes. No one knows the best way, and there are a number of different models. Colorado and Washington tax as a function of weight, but you could tax as a function of amount of THC, for instance. The takeaway is that we want to make sure that as we get information, we can incorporate that information in our decision-making about how to tax.

Chronicle: What about eliminating black markets?

Kilmer: You have to think about this over time. No one thinks we're going to eliminate the black market overnight. In both Colorado and Washington, it's been a slow roll-out of the stores, especially in Washington, so you have to look at this over the long run. Also in the long run, prices will fall, and as prices fall, ad valorem taxes based on price will fall, too. That's something else to think about.

Another issue to consider is that we have to remember that depending on where you are in the country, people under 21 will account for 20%-25% of consumption. It will be interesting to see what happens when they catch them, what penalties are imposed on the users and those that supply them. Will it be like the alcohol model or more severe? These are the kinds of issues that can be addressed in new initiatives or legislation.

Chronicle: Where and how does medical marijuana fit into all this?

Kilmer: Good question. It's going to be very interesting to see how this plays out with regard to medical marijuana. In both Colorado and Washington, there were very robust medical markets before legalization. In other jurisdictions, as they write initiatives or bills, will they try to build that in? I don't know what's going to happen.

Chronicle: Where is this all heading? We could have 10 legal states after 2016. Then what?

Kilmer: I guess we'll see how far we get.

Categories: Latest News

Chronicle Interview: Drug Policy Researcher Beau Kilmer [FEATURE]

Top Stories (STDW) - Thu, 07/17/2014 - 14:51

Beau Kilmer is a senior policy researcher at the RAND Corporation, where he codirects the RAND Drug Policy Research Center. His research lies at the intersection of public health and public safety, with a special emphasis on substance use, illicit markets, crime, and public policy. Some of his current projects include estimating the size of illegal drug markets, assessing the consequences of alternative marijuana policies, measuring the effect of South Dakota's 24/7 Sobriety Program on drunk driving and domestic violence outcomes, and evaluating other innovative programs intended to reduce violence. Kilmer's research has appeared in leading journals such as Addiction, American Journal of Public Health, Journal of Quantitative Criminology, Proceedings of the National Academy of Sciences, and his essays have been published by the BBC, CNN, Los Angeles Times, New York Times, Wall Street Journal, and USA Today. His book on marijuana legalization, "Marijuana Legalization: What Everyone Needs to Know" (co-authored with Jonathan Caulkins, Angela Hawken, and Mark Kleiman) was published by Oxford University Press in 2012. Before earning his doctorate at Harvard University, Kilmer received a Judicial Administration Fellowship that supported his work with the San Francisco Drug Court.

[image:1 align:right caption:true]The Chronicle interview took place by phone Wednesday morning.

Drug War Chronicle: What are we learning from marijuana legalization so far in Colorado and Washington, especially about prices, tax rates, and regulatory structures?

Beau Kilmer: With respect to prices, I think it's too soon to make a serious judgment. I would expect them to fall eventually as the number of producers increases and there is more competition. Regarding taxes, there is clearly tax revenue coming in, but not as much as expected, partly because medical marijuana markets don't face the same taxes. These markets are in transition, and there are data lags. It's too early to do cost-benefit analyses, and when the data does start coming in, what happens a year or two from now, good or bad, could be completely different from what happens in five or 10 years.

There are two other things we need to consider in doing a cost-benefit analysis. First, when you hear that factor X or Y has decreased or increased, it's important to ask: Compared to what? People will say that this changed in Colorado, but how did it change or not in other states? This is often outside the capacity of news organizations, but when you hear people making these claims, you need to be asking questions. What about neighboring states? If media organizations did that, it could actually improve the quality of the discussion we're having.

The second thing is, don't forget about alcohol. If people are more likely to use alcohol and marijuana together, you have to worry about driving under the influence. Marijuana impairs you somewhat, alcohol impairs you more, and the interaction between marijuana and alcohol can increase the probability of impairment. On the other hand, if they are economic substitutes, if some heavy alcohol users are moving away from consuming it and consuming more marijuana, that could potentially be a net win for society. There are social costs associated with heavy marijuana use, but the social costs associated with alcohol are much greater -- fatal overdoses, chronic disease, violence. We really need to pay close attention to how legalization influences not only marijuana consumption, but also alcohol consumption. We will be watching this, not only in Colorado and Washington, but also in Uruguay.

Chronicle: How worried do we have to be about marijuana dependence, anyway? Is it any worse for the individual or society than, say, dependence on coffee?

Kilmer: Some people do run into problems. It affects their relationships, their employment, their daily behaviors, and can impose costs on them and some of their intimates. Some of those people may benefit from substance abuse treatment. On the other hand, some users get arrested and diverted into treatment when they don't really need it. Many experts agree that it poses less addictive risk than other drugs, not only in the likelihood of addiction, but also the degree. Having a cannabis use disorder is different from having a heroin use disorder.

When it comes to costs to society, a lot of it comes down to different intangibles. It's hard to quantify consequences, say, in terms of relationships with family members. We reviewed studies that look at marijuana compared to other substances, and when it comes to addiction risk, marijuana seems to be at the bottom of the list. It's not that it's not without costs, but in terms of harms associated with it, there seems to be much more harm associated with cocaine, heroin, or alcohol use disorders.

Chronicle: There are several different legalization models out there -- state monopoly stores vs. private stores, for example. Do you have a favorite model?

Kilmer: I completely understand why some jurisdictions would try something other than marijuana prohibition. There's a lot I don't like about it, especially the collateral consequences, but I'm not sure what the best alternative regime is. What's best for one jurisdiction may not be best for another. It's not clear that one size fits all. My opinion is that I will pay close attention to what happens in Colorado and Washington and Uruguay and some of these other places and use that information to update my opinions about marijuana policy. I hope other people do the same.

It's important to keep in mind that there is a lot of policy space in between prohibition and what we see in Colorado and Washington. There are a lot of options out there. You could just allow home cultivation, or you could do something like production co-ops or collectives. It will be really interesting to watch Uruguay, which has three routes: grow your own, join a co-op, or go to the pharmacy.

From a public health perspective, a state monopoly makes a lot of sense. It makes it easier to control prices and advertising. There is a lot of research that has looked at the state monopoly model for alcohol, and it tended to be better for public health. This model doesn't get a lot of attention in the United States, but there are other jurisdictions that may want to think about it.

The other potential advantage of starting with a state monopoly, is that it gives you more options. If a jurisdiction later decides it wants to allow commercial business, you can transition to a commercial model. But once you go from prohibition to a commercial model with for-profit firms and lobbyists, it gets a lot harder to put that genie back in the bottle. It gets entrenched. That's something to keep in mind.

The commercialization aspect is something we need to pay close attention to. In Uruguay, there is no advertising. The folks in Colorado and Washington are working hard to develop reasonable restrictions on advertising, but with the First Amendment here, we can't ban it.

Sunset laws may be advisable. There is a lot of uncertainty, and we don't know what the best model might be. You could start with a co-op model, try that for five or 10 years, then make a decision about whether to continue or go in a different direction. There are a lot of options, and we don't necessarily have to treat policy changes as permanent.

Another thing jurisdictions will want to think about it designing in some flexibility, especially with respect to taxes. No one knows the best way, and there are a number of different models. Colorado and Washington tax as a function of weight, but you could tax as a function of amount of THC, for instance. The takeaway is that we want to make sure that as we get information, we can incorporate that information in our decision-making about how to tax.

Chronicle: What about eliminating black markets?

Kilmer: You have to think about this over time. No one thinks we're going to eliminate the black market overnight. In both Colorado and Washington, it's been a slow roll-out of the stores, especially in Washington, so you have to look at this over the long run. Also in the long run, prices will fall, and as prices fall, ad valorem taxes based on price will fall, too. That's something else to think about.

Another issue to consider is that we have to remember that depending on where you are in the country, people under 21 will account for 20%-25% of consumption. It will be interesting to see what happens when they catch them, what penalties are imposed on the users and those that supply them. Will it be like the alcohol model or more severe? These are the kinds of issues that can be addressed in new initiatives or legislation.

Chronicle: Where and how does medical marijuana fit into all this?

Kilmer: Good question. It's going to be very interesting to see how this plays out with regard to medical marijuana. In both Colorado and Washington, there were very robust medical markets before legalization. In other jurisdictions, as they write initiatives or bills, will they try to build that in? I don't know what's going to happen.

Chronicle: Where is this all heading? We could have 10 legal states after 2016. Then what?

Kilmer: I guess we'll see how far we get.

Categories: Latest News

US DC: A New Day For District Pot Law

Top Stories (MAP) - Thu, 07/17/2014 - 07:00
Washington Post, 17 Jul 2014 - Chief of Officers' Union Calls Policy a 'Convoluted Mess' On Wednesday, a D.C. police officer who caught someone carrying a small amount of marijuana was required to launch his suspect on an onerous journey through the criminal justice system - possibly involving handcuffs, fingerprinting and forensic analysis.
Categories: Latest News
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