HRC talks to CNN about MJ

A CNN interviewer asked Hillary Clinton about cannabis policy.

On medical use, she replied that we need more resarch, including research about drug interactions, but in the meantime people with serious medical conditions where there’s “anecdotal evidence” of efficacy ought to have access.

On non-medical (“recreational”) use, she said that the states are the laboratories of democracy, that two states are trying legalization, and that we should wait and see how that goes.

Perfectly reasonable answers, as far as they went, and perhaps a little bit more pro-cannabis than I might have expected from such a cautious candidate.

But they cried out for follow-up questions:

1. As President, what would you do to promote medical research on cannabis and cannabinoids? Would you tear down the barriers to research now created by federal policy: in particular, the UMiss monopoly on cannabis for research purposes and the requirement that every study receive a “grant” of cannabis from a special committee within HHS?

2. While the states are doing their experiments, to what extent should the federal government help, or at least get out of the way? Colorado and Washington are now issuing state licenses to commit federal felonies. Current banking regulations make it difficult-to-impossible for cannabis stores to have bank accounts or to take credit cards, creating a huge all-cash business that is therefore an attractive robbery target. A state that wanted to experiment with state-monopoly retailing (arguably the best approach) would currently be barred from doing so by federal law. As President, would you propose changes in the Controlled Substances Act to make state-level experiments legal?

Instead, of course, the CNN interviewer asked her whether she intended to inhale. Arrrgggghhhhhh!

How long is it going to take for the press corps to stop giggling about cannabis policy and start reporting on it? https://www.youtube.com/watch?v=RuslmzjIeO4

Washington State Court of Appeals bans medical marijuana stores

I completely failed to see this one coming.

A brief history lesson:

Washington State has had a medical marijuana law since 1998. In 2011, the legislature passed a bill allowing the creation of “collective gardens” (aka stores) to grow cannabis for patients registered with the state, and regulating those outlets in various ways: all members of the collectives would have had to register with the state. The governor used her line-item veto to take out major provisions of that bill, including the part that would have created the patient registry.

Until now, the prevailing view has been that the permission to open stores was valid law even though the regulations designed to control them had been zapped, leaving Washington with a booming, and virtually unregulated and untaxed, medical cannabis industry; as everyone says, Seattle has more “medical outlets” than it does Starbucks locations. Some players in that industry were among the strongest opponents of the I-502 initiative that legalized non-medical sales.

Once I-502 had passed, its proponents and administrators started to worry about how a regulated and taxed commercial market could compete with a wide-open, but untaxed and unregulated, quasi-medical system. There were efforts in the legislature this year to rein in the “gardens,” but the industry (speaking, of course, in the name of “the patients”) and a partisan split in the legislature made it impossible to pass anything. Battle was expected to be joined again in January, with the threat of federal intervention lurking in the background.

In the meantime, the town of Kent had passed a local ordinance banning medical outlets. Various industry players sued, citing what was left of the 2011 law. But now the Washington State Court of Appeals (the second-tier court) has ruled that the governor’s partial veto makes all the collective gardens illegal, because a legal collective garden must serve registered patients and there is no patient registry. Therefore, Kent is at liberty to ban what was – according to the court – an illegal activity in the first place. All that’s left of the medical marijuana law is permission for individuals with medical recommendations to grow their own: if charged with a violation of state law for production or possession (but not, apparently, sale), a medical recommendation creates an affirmative defense.

Presumably most of the localities that have collective gardens, including Seattle, will continue to let them operate, especially since the commercial outlets won’t even start to open until sometime around the end of June or early July.

There may be an additional layer of complexity: the Liquor Board planned to allow newly-licensed growers to bring some of their existing cannabis plants into the legal system, since otherwise there would be nothing for the new stores to sell. If newly-licensed growers have to grow new product from seed starting late this spring, the shelves will be bare until fall at the earliest.  Whether the new ruling puts a monkey-wrench in that machinery remains to be seen, as does the effect of the ruling on the bargaining over a new law next year. (Or will the governor call the legislature into special session to give it another try this year?)

Never a dull moment.

 

Cannabis use and problem drinking: NORML tries a fast one.

Sometimes b.s. science in support of drug policy advocacy reflects the choices of the scientists. Sometimes it reflects the choices of the advocates.

I got a note from a friend about a report that frequent cannabis users consume less alcohol. Of course, it would be fabulous news if cannabis use actually substituted for heavy drinking; to my mind, that would make the case for cannabis legalization a near lay-down, and the case for high taxes and tight restrictions rather dubious.

The note was based on a NORML press release with a very encouraging headine:

Study:
Frequent Cannabis Consumers Less Likely To Engage In Problematic Alcohol Use

And the lead paragraph was consistent with the headline: “Those who report consuming cannabis two or three times per week are less likely to engage in at risk drinking behavior, according to data published online in The American Journal of Addictions.”

So I rushed to read the actual paper. Yes indeed: frequent cannabis users were less likely to engage in problem drinking compared to occasional cannabis users. Ooops!

Here’s the summary by the sciencists, right at the top of their paper:

Cannabis users were more likely to report hazardous alcohol use, use of other illicit drugs, and unauthorized use of prescription drugs than were non-users. Within the group of active cannabis users, frequent cannabis use, compared to occasional use, was associated with the use of other illicit drugs and negatively associated with hazardous alcohol use.

[emphasis added]

In fact, if you compare heavy cannabis users (here defined as 2-3x/week or more with non-users, they’re slightly more likely to engage in problem drinking. It’s just that they’re better off in that regard than occasional users.

So the accurate summary of the paper would be: cannabis smoking in Sweden is associated with problem drinking, but less so among frequent smokers than among occasional smokers.

See how it’s done? Simply by omitting the crucial qualfier, you can convert a finding that’s unhelpful to your cause to a finding that’s extremely helpful. Now kids, these are trained PR professionals; don’t try this at home.

Pot-smoking in Sweden is fairly rare; only 2.7% of the weighted sample reported any use. (The comparable figure in the U.S. would be more like 15%.) Of those, more than 90% were categorized as occasional users: remember, that’s the group with more alcohol abuse. Only 9.7% (weighted) were in the frequent-user group. So the possible protective effect applies to something less than half a percent of the population. At that rate, cannabis isn’t likley to contribute much to alcohol-abuse prevention, even if there’s a real effect, which of course we don’t know. The study is purely correlational, leaving the causal relationships utterly undefined. A response rate of under 30% further complicates interpretation. Nor do we know what happens over time; what’s the effect of heavy cannabis use at time T on problem drinking at T + 1, T + 2, …?

Even so, the negative correlation between cannabis frequency and heavy drinking isn’t what I would have expected; this is a finding the calls for follow-up research.

But the main thing I learned is not to trust NORML press releases.

Several people have noticed that my usually sunny disposition turns a bit more stormy when I participate in drug-policy debates. Is it any wonder? I think I deserve some credit for not having actually strangled anyone.

Update The author of the press release replies:

Yes, you are correct. This is what the paper said. I believed this point was made clear in the press release here:

“Researchers reported that frequent cannabis consumers (defined as having used cannabis two or three times per week) were less likely to engage in hazardous drinking practices compared to infrequent users (those who reported having consumed cannabis fewer than four times per month).”

They concluded: “Among cannabis users, frequent cannabis use is associated with a higher prevalence of other illicit drug use and a lower prevalence of hazardous alcohol use when compared to occasional cannabis use.”

The conclusion that the heavier cannabis users reported less incidences of hazardous drinking compared to ‘infrequent users’/’occasional users’ is made clear in the third and fourth paragraph using those exact terms. Your summary implies I never made this point clear at all and that is simply untrue.

In hindsight I agree that I arguably should have also made this point more clear in the lede, but I did make it explicitly clear the third paragraph and also quoted the paper’s authors in the fourth graph. The summary of the paper itself was only four paragraphs. (The fifth graph refers to a separate paper.) I would hardly call this a ‘fast one.’

It seems to me that failing to mention that both cannabis users over all, and even the heavy users, were more involved with at-risk drinking than non-users was a serious problem. But your mileage may vary.

How not to make a hash of marijuana legalization

The cover package in the current issue of Washington Monthly includes articles on cannabis legalization by Jonathan Caulkins, Jonathan Rauch, and me, under the heading “Saving Marijuana Legalization.” Mine has the wonderful title (which I think Paul Glastris gets credit for) “How Not to Make a Hash of Marijuana Legalization.”

All three pieces consider how to legalize cannabis rather than whether to legalize it. Caulkins and I both distrust the trend toward a commercial system on the alcohol model, and I’m also unhappy both about a pure states’-rights approach and about legislation by initiative. I also float the idea of user-set monthly purchase quotas, a “nudge” strategy that I claim might do some good and couldn’t hurt.

Michael Hilzik gives the whole thing a very nice write-up on the LA Times business page.

Footnote Depressingly, none of the LA Times commmenters makes a point that is either original or cogent. It’s like hearing from the Romneybots in the fall of 2012.

Is cannabis addictive?

Ask this woman.

My dad will never stop smoking pot. Sometimes I wonder about the man he might have been, and the lives we all might have had, if he’d never started.

As I keep saying: the evils of prohibition do not disprove the evils of substance abuse. In the case of cannabis, it’s probable that we could get rid of the former without greatly increasing the latter. But it’s not automatic. And denying that cannabis abuse is a real problem doesn’t help.

Note how the mythology of “addiction” cultivated by the “drug-prevention” effort and the drug-treatment industry interferes with understanding. Most drug abuse is very unlike the horrible picture painted in the linked story: it’s relatively transient. And most people who use “addictive” drugs don’t get addicted to them; substance abuse happens to only a minority of users, and only a minority of abusers actually have the “chronic, relapsing disorder” touted as typical. Bad habits around drug-taking are like other bad habits: they lie along a spectrum, and not everyone who uses a drug that turns out to be habit-forming in others encounters a problem.

But if you have the problem, or your brother, or your son, or your mother, it’s a serious problem. And the risk can’t just be wished away. If you support making cannabis available from profit-seeking commercial vendors, heavily marketed, and cheap – which is the path Washington and Colorado are walking down right now – then the predictable result of your preferred policy will be more people with very bad cannabis habits. And there could be fewer such people if cannabis were kept expensive, if marketing were kept to a minimum, and if users were offered modest helps to their self-command, such as user-set periodic purchase quotas, or if we keep the commercial motive out of the business altogether with state stores or by limiting vendor licenses to consumer-owned co-ops and not-for-profit businesses with boards concerned with limiting drug abuse rather than maximizing revenue.

Of course you’re free to oppose all of that. But if you do so, you ought at least to acknowlege the inevitable human cost.

h/t Andrew Sullivan

Update Comments closed due to persistent trolling, using multipe IPAs. I may start to follow Keith’s lead. Alterantively, we could go to some sort of registered-commenter system. Sorry, folks, but I suppose if you have a picnic you have to expect some cockroaches.

U.S. Marijuana Possession Enforcement Intensity is Down Over 40%

Future historians of drug policy will appropriately regard the recent legalization of recreational marijuana in Washington and Colorado as a significant reduction in U.S. law enforcement’s role in cannabis regulation. Yet that marijuana enforcement policy shift had been underway for a lot longer than many people realize.

The chart below presents 2007-2012 FBI Uniform Crime Reports data on marijuana possession arrests and National Survey on Drug Use and Health data on aggregate days of American marijuana use*. To put the two lines on the same scale, aggregate days of marijuana use are reported in 10,000s. The most striking feature of the data are that the two lines are going in opposite directions. The net result is a 42% decline in marijuana possession enforcement intensity (i.e., the number of arrests per day of marijuana use).

Pot post2

Americans’ marijuana use went up by almost 50% just from 2007-2012. This sharp increase in the population’s total days of use has been driven less by the increased number of users than by the big increase in the number of individuals using heavily (e.g., smoking every day or nearly every day). That growth in use meant there was a large increase in police opportunities to arrest people for marijuana possession. But marijuana possession arrests have instead been falling as numerous states have passed decriminalization laws (with for the first time in U.S. history, no White House opposition) and/or created loosely-regulated medical marijuana systems.

The data in the chart support at the least three conclusions about marijuana policy:

(1) U.S. Marijuana possession enforcement intensity had become light even prior to the passage of legalization in two states. As of 2012, the average American once-a-week pot smoker would expect to be arrested for possession about once every century. This reality isn’t evident when one focuses just on the number of arrests, or on how arrests compare to some irrelevant standard (e.g., number of arrests per minute or the percentage of all drug arrests that are for marijuana).

Conclusions about how intensely a crime is being policed can only be drawn in the context of information on how often that crime is committed. Six hundred fifty thousand arrests is a big number in the abstract, but relative to over 3 billion days of marijuana use, it’s small. That why the U.S. can have a large absolute number of marijuana possession arrests yet at the same time be policing marijuana at a less vigorous rate than do most developed nations.

(2) There is no evidence of “net-widening” in U.S. marijuana enforcement policy. In some regions, such as New South Wales, Australia, reduction in criminal penalties for marijuana use led to an increase in arrests. Apparently, Australian police officers who previously felt penalties were too tough began feeling comfortable widening their enforcement net to intervene in more cases of marijuana use. This phenomenon has not been replicated in the U.S., where severity of penalties and number of arrests have been falling in tandem.

(3) Changes in official marijuana policy are often a formalization of what has already been evolving on the ground. The creation of recreational marijuana markets in Washington and Colorado (with some other states likely to follow) is in one sense qualitatively new. Yet it is also the culmination of an established trend of rapidly declining law enforcement involvement in the regulation of marijuana. That’s one reason why it’s often hard for observers to determine whether new drug laws have a unique causal effect or are more a ratification of informal policies that were already in place.

*My thanks to Dr. Beau Kilmer and his team at RAND for providing me with days of use data.

Wish-I’d-Said-That Dep’t

John McDuling in Quartz: “Investing in marijuana stocks is a lot more dangerous than smoking marijuana.”

There is a ton of money to be made in the cannabis business: by fleecing investors.

There’s also a ton of money to be lost: by being one of those investors.

Legal cannabis will be a commodity, and a cheap one at that. Maybe somebody has a clever branding strategy to make money anyway, but what are the odds you’re going to pick that lucky company to invest in as opposed to the 99 others that are going to go broke when pre-tax retail prices hit $3/gm. for sinse, with concentrates trading at a discount on a per-milligram-THC basis?

This is one case where the old rule applies in spades. The sure-fire way to double your money is to fold it over and put it back in your pocket.

Beau Kilmer on restricting cannabis marketing

Beau Kilmer has a very sharp short op-ed in the NYT arguing for the use of federal muscle to limit aggressive cannabis marketing and child-friendly packaging in Colorado and Washington. Going after sellers of cannabis candy seems like clearly good idea, given the risk of accidental consumption by little children. Would it really be too great an imposition to insist that cannabis edibles and potables be unsweetened and not look like confections? Since the Supreme Court’s “commercial free speech” doctrine is based on making truthful claims about lawful products, and since cannabis remains an unlawful product at the federal level, I don’t see the basis for claiming that the legalizing states and the federal government have to permit the same sort of unscrupulous advertising for cannabis as they do for alcohol.

Cannabis legalization and the empirical-minded median voter

No big surprises from the cannabis questions in the latest CNN-ORC poll. It looks as if the Gallup numbers from earlier in the year (58 for legalization, 39 against) were a bit of an outlier; the gap seems to be nearer 10 points than 20, which makes a difference. But the CNN-ORC findings, along with those from the Pew survey, confirm the decisive shift in public opinion. Support for legalization now has a clear majority. Most interesting finding, to my eyes: the new poll asked the question two ways:

“Do you think the use of marijuana should be made legal, or not?”

“Do you think the sale of marijuana should be made legal, or not?”

The answers were virtually identical: 55/44 for legal use, 54/45 for legal sale. So for those of us who have wondering whether the “use” question was inappropriately lumping supporters of decriminalization with supporters of full commercial availability, the answer is “No.” A majority really favors full legalization. On the other hand, when the question gets specific, the majority disappears:

“As you may know, Colorado now allows anyone over the age of 21 to purchase small quantities of marijuana for their own use from businesses that have been licensed by the state government to sell marijuana. Do you think this is a good idea or a bad idea, or do you want to see what happens in Colorado and other states that legalize marijuana before you decide how you feel about this matter?”   

“Good idea” leads “bad idea” by a small plurality, 33/27, but the largest group (37%) wants to wait and see.  Yes, of course phrasing the question that way encouraged the wait-and-see answer, but it’s encouraging that so many voters are empirically-minded on this issue rather than fixed in one of two fact-proof ideological camps.

Even among those who oppose legal pot, most prefer to have users pay fines rather than going to jail. And support for medical marijuana is overwhelming: 88/10.

All of this suggests that those who oppose legalization have chosen a grossly inappropriate strategy, if their objective is winning as oppposed to mere fundraising and personal advancement. Moral denunciation, opposition to medical research (with actual cannabis, not hypothetical individual molecules), and support for user penalties are all losing moves. Instead of simply posing  their own prejudices and certainties against those of the legalizers, they ought to offer cautious experimentalism. The median voter might buy “Wait and see,” if it appeared sincere. But she’s way past “No, nay, never!”

Footnote Logically, of course, “Wait and see” isn’t a clear pragmatic implication of uncertainty. Waiting also has costs. The right conclusion is “Make cautious changes that are easy to modify in the light of new evidence, and watch for that evidence.” The big problem for the “No” side is that if there are going to be large bad consequences from legalization, they will likely develop over years, not months.

How to legalize cannabis

With a little help (ok, actually quite a lot of help) from my friends Lowry Heussler, Jon Caulkins, Keith Humphreys, and Beau Kilmer, and my sister Kelly, I produced an op-ed for the Financial Times on the design of a post-prohibition cannabis control regime.

Here’s the punchline:

A large increase in problem use might be a price worth paying to rid ourselves of the many ills attendant on prohibition. But it is not a price we have to pay. Smarter policies could lead to better outcomes.

Many thanks to Kesewa Hennessy, Deputy Comment Editor at the FT, for a superb job of copy-editing.

One key point, omitted to save space: the system of user-set quotas proposed for cannabis could also apply – should, in my view, be applied – to alcohol and gambling.