Tag: cannabis

Washington Has Been Much More Successful Than California in Displacing the Black Market for Pot

A new report indicates that Washington, which legalized recreational marijuana in 2012, has been much more successful at displacing the black market than California, where voters approved legalization in 2016. In a 2021 survey by the International Cannabis Policy Study (ICPS), 77 percent of Washington cannabis consumers reported buying “any type of marijuana” from a “store, co-operative, or dispensary” in the previous year, while 17 percent said they had obtained pot from a “dealer.”

The share of Washington consumers who report buying marijuana from a “store, co-operative, or dispensary” is higher than the average for states that have legalized recreational use, which was 57 percent in 2021, according to a nationwide ICPS survey. Washington’s Liquor and Cannabis Board (LCB) paid for the ICPS report on cannabis consumption in that state, and the ICPS has not published California-specific survey data. But calculations based on estimated total consumption and legal sales suggest that the black market accounts for somewhere between two-thirds and three-quarters of marijuana purchased in California.

California’s striking failure to shift consumers from illegal to legal dealers is largely due to a combination of high taxes, onerous regulations, and local retailing bans. While Washington has a relatively high retail marijuana tax (37 percent, plus standard sales taxes), in other respects the state has made it easier for licensed suppliers to compete with illegal sources.

A 2022 study from Reason Foundation (which publishes Reason) notes that local restrictions in California have created “massive cannabis deserts” where “consumers have no access to a legal retailer within a reasonable distance of their home.” Washington has more than three times as many legal dispensaries per capita as California.

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Biden’s Marijuana Pardons Did Not Free a Single Federal Prisoner or Deliver the Expungement He Promised

Edwin Rubis has served more than two decades of a 40-year federal prison sentence for participating in a marijuana distribution operation. Taking into account “good time” credit, he is not scheduled to be released until August 2032.

Rubis is one of about 3,000 federal prisoners whose cannabis-related sentences were unaffected by President Joe Biden’s mass pardon for low-level marijuana offenders. A protest at the White House today called attention to their predicament.

Biden’s October 6 proclamation applied only to U.S. citizens or legal permanent residents convicted of simple marijuana possession under the Controlled Substances Act or the District of Columbia Code, none of whom was still incarcerated. Although his pardons could benefit as many as 10,000 or so individuals, that represents a tiny percentage of all simple possession cases, which typically are charged under state law. And Biden’s action will not release a single federal prisoner.

According to a 2021 report from Recidiviz, “more than 3,000 individuals are
currently serving marijuana-related sentences in federal prison.” The report estimated that ending federal marijuana prohibition—a step that Biden has steadfastly resisted—would reduce the federal prison population by more than 2,800 over five years.

“Your recent executive order, while a great first step, did nothing to address the thousands of federal cannabis prisoners currently incarcerated in federal prison,” 16 drug policy reform groups noted in an October 10 letter to Biden. “While your recent executive order will help many, it will not release a single one of the nearly 2,800 federal cannabis prisoners.” Although “eighteen states and the District of Columbia have legalized cannabis,” the letter said, “there are thousands of Americans who are serving long-term prison sentences, including some life sentences, in federal facilities for conduct involving amounts of cannabis that are far less than what dispensaries routinely handle on a daily basis.”

The moral logic of Biden’s distinction between simple possession and other marijuana offenses is puzzling. He says marijuana use should not be treated as a crime. Yet he is willing to let individuals like Rubis languish in prison merely for helping people use marijuana, which today is recognized as a legitimate business in most states, 19 of which allow recreational as well as medical use.

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Federal Bureaucrats Say We Can’t Reschedule Marijuana Because of How It’s Scheduled

Last week, President Joe Biden announced that he would pardon all Americans federally convicted of simple possession of marijuana. The announcement was a welcome, though limited, shift in the U.S. government’s seemingly unending war on drugs. Biden additionally called on governors to follow suit in their respective states and grant clemency to the vast majority of offenders convicted under state laws. He also encouraged Attorney General Merrick Garland and Secretary of Health and Human Services (HHS) Xavier Becerra to review marijuana’s classification under federal law.

But that shift may be easier said than done thanks to the age-old problem of federal bureaucracy.

Currently, marijuana is classified as a Schedule I substance, indicating “a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision.” In his announcement last week, the president noted that this puts it in the same category as heroin and a more restrictive category than fentanyl.

In 2015, the last time the government assessed marijuana’s classification, the Food and Drug Administration (FDA) and HHS recommended keeping it at Schedule I. The assessment included, among other factors, “the scientific literature on whether marijuana has a currently accepted medical use”—a tall order since Schedule I status makes it much more difficult to study in the first place.

The Washington Post reported today that “such an evaluation—the first initiated by a U.S. president—is made all the more difficult due to tight restrictions on research into marijuana.” Nora Volkow, director of the National Institute on Drug Abuse, a research institute within the National Institutes of Health, told the paper, “It’s something that we constantly communicate: We really need to figure out a way of doing research with these substances.”

In other words, as Scott Lincicome of the Cato Institute tweeted, the government “can’t research whether marijuana should remain a ‘Schedule I’ substance bc of govt restrictions on… researching Schedule I substances.”

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Kamala Harris Dragged For Saying No One Should Go To Jail For Smoking Weed

Critics ripped into Vice President Kamala Harris over the weekend as video circulated of her claiming that no one should go to jail simply for smoking marijuana.

Harris’ remarks came on the heels of President Joe Biden’s Thursday pronouncement declaring mass pardons for thousands who have past federal convictions on drug charges — and flew in the face of her record as a prosecutor in California.

“And speaking of the system of justice,” Harris began. “We are also changing — y’all might have heard that this week — the federal government’s approach to marijuana.”

As the crowd cheered, Harris continued, “Because the bottom line there is nobody should have to go to jail for smoking weed.”

San Francisco Republican Party Chairman John Dennis — who is challenging House Speaker Nancy Pelosi for her seat in Congress — called out the vice president in a tweet, saying, “Shameless. As California Attorney General Harris sent people to jail for …smoking weed.”

“The hypocrisy is staggering,” actor Matthew Marsden added.

U.S. Senate Candidate Mark Meuser (R-CA) pointed out: “Clearly, Kamala has forgotten her legacy in California.”

“REMINDER: Kamala Harris has sent at least 1,560 people to prison for marijuana-related offenses,” Steve Guest, special communications advisor to Senator Ted Cruz (R-TX) said.

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The GOP’s Biggest Narcs Are Predictably Furious About Biden’s Weed Pardons

GOP officials’ takes on President Joe Biden’s surprise weed announcement Thursday ranged from moral outrage to begrudging praise to complete and utter silence. 

Biden, a longtime opponent of legalizing weed, which he called a “gateway drug” as recently as 2019, announced Thursday—after nearly two years of pressure from cannabis and criminal justice reform advocates—that he would pardon all federal simple cannabis-possession convictions. 

Biden also called on governors to pardon simple possession offenses at the state level and said he’d directed Cabinet officials, including Attorney General Merrick Garland, to begin reviewing cannabis’ Schedule 1 status under federal law, which puts it on the same level as heroin. 

“I’m calling on governors to pardon simple state marijuana possession offenses,” Biden said Thursday. “Just as no one should be in a federal prison solely for possessing marijuana, no one should be in a local jail or state prison for that reason either.”

But despite the fact that 19 states and Washington, D.C., have already legalized recreational use of the drug, some Republicans criticized Biden’s announcement. 

“In the midst of a crime wave and on the brink of a recession, Joe Biden is giving blanket pardons to drug offenders—many of whom pled down from more serious charges,” said Sen. Tom Cotton, an Arkansas Republican who has repeatedly said he thinks the U.S. has an “under-incarceration problem” despite the fact that the U.S. imprisons more people per capita than any nation on Earth.   

The cannabis advocacy group NORML responded on Twitter: “LOL look at this loser.”

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Biden to pardon all federal marijuana convictions

U.S. President Joe Biden is set to pardon all federal offenses of marijuana possession, the White House announced. 

The pardons apply to all federal cases of simple marijuana possession as well as convictions in the District of Columbia. At least 6,500 individuals will be immediately impacted by Biden’s pardons. 

“President Biden pardons all prior federal convictions for simple marijuana possession – including under DC law – also directs states to do the same, and asks HHS & AG to review how marijuana is scheduled under federal law,” reported Fox News’ White House correspondent Jacqui Heinrich. 

“Senior admin official says 6500 people w/ federal convictions + thousands more under DC law will benefit… but no individuals are currently in federal prison solely for simple possession of marijuana. Most are @ state level,” Heinrich’s report continued. 

The pardons will not affect anyone convicted of simple marijuana possession in state jurisdictions. 

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