CCJS418P: Exam 2

What was the first state to legalize medical cannabis?

California

How many plants can patients grow for medical needs?

They can have 6 plants and possess up to 8 ounces of usable cannabis, adjustable up to 15 plants and 16 ounces.

I-502 (2012)

This Washington law allowed adults aged 21 and older to possess up to one ounce of cannabis obtained from a state-licensed and regulated cannabis store.

Where did the first recreational cannabis stores open?

Washington on July 8, 2014

Before the Grand Opening: Two Research Questions

• What is the size of the marijuana market in Washington state in 2013?

• How much marijuana do users in Washington consume, and how do they obtain it?

Before the Grand Opening: Finding

Marijuana consumption in Washington in 2013 is larger than the 85 metric tons previously projected by the Washington Office of Financial Management. It is actually closer to 120-175 MT.

1 Metric Ton Equals

1,000 kilograms (2,205 lb.)

Washington Residents Consumption

Residents who use marijuana 21 or more times per months consume, on average, 1.3-1.9 grams during a typical use day (assuming flower).

What was the first country in the modern era to legalize cannabis production and sales?

Uruguay in 2013

What was the second country to legalize cannabis sales for nonmedical purposes?

Canada in 2018

After the Grand Opening: Research Questions

• What types of cannabis products are produced and sold in Washington State?

• What is the size of he cannabis market in Washington State three years after licensing cannabis production and sales for nonmedical purposes?

How many MT of THC were sold in licensed retail stores in Washington from July 1, 2016, through June 30, 2017?

26 MT

• 18 MT = flower

• 6 MT = extracts for inhalation

• 1-2 MT = other products

Research Recommendations

• Why do some residents still obtain cannabis through other channels?

• What share of legal sales are to nonresidents?

• What is the efficiency of different cannabis products at delivering THC and other cannabinoids?

I-682 (1998)

This was an initiative that passed in Washington that legalized the use of medical marijuana.

• There was no established registry for medical patients.

• Led to hundreds of cannabis collective gardens to operate as storefronts for personal access without oversight.

What percentage of Washington voters supported I-502?

55.7%

The 2015 Cannabis Patient Protection Act in Washington State

This required existing medical dispensaries to close by July 1, 2016. This act merged the state’s unregulated medical cannabis market into its licensed recreational system.

• The total # of stores went from 334 to 556!

Unique Aspects of Washington Law

• There are a lower number of retailers per capita statewide.

• The state has banned the growing of cannabis at home for non-medical use.

• There are greater restrictions on cannabis advertising.

• There are packaging requirements for edibles to prevent child consumption.

Washington’s Liquor and Cannabis Board (Fiscal Year 2020)

• An increase in active cannabis licenses in the state after legalization. It is now stable.

• The amount of legal sales has increased.

• The fastest-growing segment is extracts for inhalation.

• There has been a reduction in retail prices for all cannabis products.

Advertisement Violations

The most common were storefront and online advertisements that included banned content or were related to the size or location of the advertisement.

Post-Legalization Cannabis Use Among Children

The prevalence of current use and frequent use declined or remained stable among 6th, 8th, 10th, and 12th graders.

Post-Legalization Cannabis Use Among Adults

Cannabis use has increased.

Cannabis Related Emergency Department Visits

• There was an increase in visit to the ED.

• Exposures have increased for all age ranges.

• Exposure to plant material (flower) is declining.

• Exposure to manufactured products (edibles and pens) is increasing.

Post-Legalization Arrest Rates (Age)

Arrest rates among underage adults for cannabis crimes has decreased. However, there has been a sharper decline in arrest rates for adults.

Post-Legalization Arrest Rates (Race)

Black underage adults remain 70 percent more likely to be arrested for cannabis crimes.

Post-Legalization Fatal Car Crashes

Those who had THC in their blood and were involved in a fatal car crash doubled.

Post-Legalization Non-Alcohol-Related DUI Arrests

The number of DUI arrests increased.

Post-Legalization Non-Alcohol-Related Criminal Activity

There is not enough information to support the claim that cannabis legalization affected non-drug-specific crimes.

Which has resulted in the greatest amount of deaths and cost a greater amount of tax money (alcohol or marijuana)?

Alcohol

How many signatures were need for I-502 to qualify for the ballot?

241,153 (the initiative got 355,000)

What is the main claim made by those who oppose I-502?

• It will lead to greater DUI/DWI charges.

• It banned the right to grow cannabis at home.

How many more dispensaries are there compared to Starbucks in Seattle?

150+

Initiative 75

This initiative made the possession of marijuana the city’s lowest law enforcement priority.

Per Se Limit for I-502

Allows 5.00 nanograms of active THC per ml. of blood.

• “Per se” = No further evidence of impairment required.

I-502 Tax

The initiative levies a 25% tax at each stage of distribution (producers, processors, and retailers).

• It gives a portion of the revenue for the state general fund.

Proponents of Legalization

They would argue that legalization reduces drug-related crimes and that cannabis serves as a substitute for other drugs.

Opponents of Legalization

They would argue that legalization would increase drug-related offenses via the gateway hypothesis.

Marijuana Possession (Offenses) Post-Legalization

DECREASE

Drug Offenses Post-Legalization

NO DIFFERENCE

Abuse of Illicit Drugs

Marijuana might protect against the abuse of other illicit drugs.

Drug Offenses @ The Start of Retail Sales

DECREASE

Canada: Medical Cannabis Distribution Systems

• Nationally regulated legal programs.

• System of self-regulated quasi-legal compassion clubs.

• Unregulated illegal black market.

Canada: Obtaining Medical Cannabis

• An Authorization to Possess (AP) for home growing.

• A Designated-Person Production License (DPL): Allows someone to grow it for the patient.

• Addition: AP holders could buy from Prairie Plant Systems (PPS), a company that grew research cannabis in mineshafts.

Canada: What was the cannabis called that came from mineshafts in Flin Flon, Manitoba?

Mine Schwag

Canada: Barriers to Medical Cannabis Access

• Physician Support (some wary)

• Quality of Product (linked to effectiveness)

Canada: What percentage of purchases was returned to the PPS?

30%

Canada: Conclusions

• An approved medicine before it was prohibited in 1923.

• They have legalized adult use of cannabis.

• They still have a medical cannabis program.

The Dutch Opium Act on Illicit Drugs (1976)

• Drug users v. traffickers

• Cannabis v. all other illicit substances

• They wanted to create a separation of markets between soft and hard drugs.

Dutch: “Coffeeshops”

This is where retail trade in cannabis and hashish occurred.

Dutch: Comparative Use

• Cannabis use is lower than use in America

• They were in the mid-range of use (as of 2005)

Dutch: Medicinal Cannabis

• Patients in the Netherlands can obtain legal medicinal cannabis by prescription from pharmacies.

• There are five varieties of medicinal cannabis available.

Mexico: Origins

A European (Hernan Cortes) brought over hemp seeds for production in the “New World.”

Mexico: Dispositions on the Cultivation and Commerce of Products that Degenerate the Race (1920)

This law banned cannabis for recreational use.

Mexico: Decriminalization

• Cannabis was decriminalized in 2009.

• It is legal to carry 5 grams.

• People are encouraged to seek treatment, NOT FORCED.

Mexico: Medical Marijuana

• Medical cannabis was legalized in 2017.

  • No dispensaries

• There was a long delay in publishing regulation.

  • Resulted in no foundation for a domestic market.

Mexico: Recreational Legalization Bill (2021)

• Over 18, must obtain a permit to possess.

• Legally possess 28 grams of cannabis.

• Can receive a permit to home grow up to 6 plants.

Portugal: Origins

• It is part of a centuries-old relationship, including trade.

• It was mentions by Garcia de Orta (a physician).

• Considered dangerous in the hands of slaves, so regulations were applied in African colonies.

• Modern drug policy was passed in 1970.

• Hard drugs flooded market after the 1974 revolution.

Portugal: Decriminalization

• In 2001, Law 30/2000 passed in response to report recommendations.

• Decriminalized the consumption, possession, and acquisition of ten-day supply of illicit substances.

Portugal: Daily Doses

• Flower and Leaves: 2.5 g

• Resins: 0.5 g

• Oil: 0.25 g

Portugal: Commission for Dissuasion of Drug Addiction

• Made up of one legal expert and two medical professionals.

• Offenders:

  • Non-Problematic: Suspended

  • Moderate: Non-mandatory treatment

  • High Risk: Mandatory treatment

• A therapist could be present at the proceedings

• Awarded punitive punishments

  • Fines set in relation to the national minimum monthly wage

Portugal: Medical Marijuana

• In 2018, law 33/2018 legalized medical marijuana.

• Regulated by “Infarmed!”

• Only specific conditions were prescribed cannabis.

• Growing cannabis became a business opportunity.

Republic of Georgia: Original Law

Cannabis was illegal and associated with high fines for possession.

Republic of Georgia: Beka Tsikarishvili

He was arrested for 65 grams, was given a 14-year prison sentence, and fined $820.

Republic of Georgia: Fines on Drugs

0.81% of the state’s budget in 2009!

Beka Tsikarishvili v. Parliament of Georgia

• Former sanctions were “inappropriately strict” for cannabis smoking.

• Up to 70 grams of dried cannabis would not be given a sentence of incarceration.

• Possession remained an administrative violation.

Zurab Japaridze and Vakhtang Medrelishvili v. Parliament of Georgia (2018)

• Financial penalties was unconstitutional.

• Punishments would only be levied if a third party was affected, at educational institutions, in front of minors, or in places of public assembly.

• Cultivation and selling remained prohibited.

• They church was against legalization!

Republic of Georgia: Human Rights Watch Report

• Prison sentences for drug are longer than for rape and homicide.

• There is almost a 100% conviction rate for drug offenses.

• A convicted individual can’t drive a vehicle, work in an office, have a medical profession, or work as a teacher.

• Broad police power was used to coerce people into mandatory drug testing.

Republic of Georgia: Practical Application

• The first Soviet republic to legalize cannabis.

• Rule of Law does not apply.

• The police force was corrupt and would target foreigners for $$$

Bulgaria: Narcotic Substances and Precursors Control Act (1999)

• Regulated narcotic substances, in alignment with EU agreements.

• Regulated cannabis as strictly as opium poppies.

• Cultivation, possession, and sale remained illegal.

Bulgaria: Exceptions

• Cannabis can be grown for animal feed (less than 0.2% THC)

  • Farmers must get a permit

  • Farmers can’t have prior drug convictions

• Limited quantities for laboratory research and to aid scent dogs in training.

Bulgaria: Punishments

• Up to 6 years in prison!

• Single Joint = 1000-5000 Euros

• All derivatives are illegal.

Bulgaria: Medical Marijuana

• Illegal!

• Doctors who recommend risk losing their license.

  • Subject to 5 years in prison and a fine of 3000 leva (=$1,500).

• The first EU country to allow the free sale of CBD (financial reasons).

Environmental Criminology

This subfield of criminology examines how physical, spatial, and social environments influence crime, criminality, and victimization.

Green Criminology

A subfield of criminology that studies environmental crimes, ecological harms, and environmental justice.

Gone to Pot Overview

• Broadcast on October 21, 2013

• Professor embedded with Sheriff Tom Allman to raid cultivation cite in Hopeland, CA.

• Discusses pesticide/fertilizer and water use.

• Cultivation has doubled.

  • AKA: Green Rush

Gone to Pot: Inhaled Chemicals

69%

Gone to Pot: Pesticides in Marijuana

8-10% (higher for illegal marijuana)

Gone to Pot: Humboldt County

Cannabis accounts for 40% of the economy.