Graham Boyd, Sarah Trumble, Lanae Erickson Hatalsky
11 April 2014
Despite a federal prohibition on marijuana possession, sale, and use, Colorado and Washington recently became the first states to enact laws legalizing the recreational use of this drug. Although the Obama Administration has taken steps to attempt to deal with this evolving situation, we believe the status quo is untenable and Congress must act to provide certainty and a framework for these states moving forward. This report explains the problem and offers a solution.
State-level cannabis reforms, which gathered steam this month, have exposed the inability of the United States to abide by the terms of the legal bedrock of the global drug control system; the 1961 Single Convention on Narcotic Drugs. This is something that should force a much-needed conversation about reform to long- standing international agreements. But while ostensibly 'welcoming' the international drug policy reform debate, it is a conversation the US federal government actually wishes to avoid.
In 1995 the World Health Organization (WHO) and the United Nations Interregional Crime and Justice Research Institute (UNICRI) announced in a press release the publication of the results of the largest global study on cocaine use ever undertaken. A decision in the World Health Assembly banned the publication of the study. The US representative threatened that "if WHO activities relating to drugs failed to reinforce proven drug control approaches, funds for the relevant programmes should be curtailed". This led to the decision to discontinue publication.
Jorge Hernández Tinajero, president of Mexico City’s Collective for a Holistic Policy Towards Drugs (CUPIHD), shares an international perspective on the historic Senate hearings this week on marijuana law reform in this guest post.
The US drug policy is changing, pitting states against federal law. This essay explores this inner friction of contradictory drug legislation, and what it may mean for the international drug control regime, itself a result of US drug policy. (4,400 words)
Some have hailed the Obama administration’s 2012 National Drug Control Strategy as a revolutionary shift toward a public health approach to the nation’s drug problems. Others have panned it as nothing new. There are actually advances to applaud in the new strategy and budget, in terms of both rhetoric and substance. Those positive steps should be acknowledged. But the extent to which the 2012 strategy represents a break from the past should not overstated.
Today, despite a world-wide drug control treaty system and decades of massive investments to attack drug production and curtail supplies and consumption, illicit drug markets and criminal networks are flourishing, threatening public health and safety. The failure of the "war on drugs" is prompting renewed debate and policy innovation in countries across the Americas.
All wars end. Eventually. Even the war on drugs – resilient for so long – is starting to show signs of exhaustion. It is 42 years since President Nixon introduced the Comprehensive Drug Abuse Prevention and Control Act of 1970. The act set out to reduce or eliminate the production, supply and consumption of illegal drugs. A year later, after a report revealed a heroin epidemic among US servicemen in Vietnam, the Nixon administration coined the phrase "war on drugs".
Beau Kilmer, Kristy Kruithof, Mafalda Pardal, Jonathan P. Caulkins, Jennifer Rubin
14 December 2013
This RAND report provides an overview of the changes to laws and policies pertaining to cannabis in different countries. Several jurisdictions have reduced the penalties for possessing cannabis for personal use (and in some places even for home cultivation), while some jurisdictions have taken more dramatic steps and changed their laws and practices with respect to producing and distributing cannabis.
Marijuana laws should be set at the state, not federal, level, Reps. Ron Paul and Barney Frank argued in a bill they introduced Thursday. The goal of the bill, HR 2306 or the Ending Federal Marijuana Prohibition Act of 2011, is not to legalize marijuana but to remove it from the list of federally controlled substances while allowing states to decide how they will regulate it.
Oregon will soon qualify as the third U.S. state to ask voters in November to legalize marijuana for recreational use in a move that could put the state on a collision course with the federal government. Backers of the Oregon Cannabis Tax Act said they have collected 165,000 signatures on petitions seeking to put the measure on the ballot, nearly double the 87,000 they were required to submit by Friday's deadline to qualify.
Many medical marijuana dispensaries have been making huge sums of money even as they claim to be nonprofit, according to court and law enforcement records, industry insiders, police and federal agents. The Los Angeles Times found a cash-infused retail world unlike the one pitched to voters who passed the Compassionate Use Act for "seriously ill Californians" in 1996.
A bill introduced in Congress would fix the conflict between the federal government’s marijuana prohibition and state laws that allow medical or recreational use. California Republican Rep. Dana Rohrabacher said his bill, H.R. 1523, Respect State Marijuana Laws Act of 2013, which has three Republican and three Democratic sponsors, would assure that state laws on pot are respected by the feds. The measure would amend the Controlled Substances Act to make clear that individuals and businesses, including marijuana dispensaries, who comply with state marijuana laws are immune from federal prosecution.
The bipartisan measure -- H.R. 2306, the 'Ending Federal Marijuana Prohibition Act of 2011' and sponsored by Massachusetts Democrat Barney Frank and Texas Republican Ron Paul prohibits the federal government from prosecuting adults who use or possess personal use amounts of marijuana by removing the plant and its primary psychoactive constituent, THC, from the five schedules of the United States Controlled Substances Act of 1970.
An initiative seeking to legalize and regulate the recreational use of marijuana will be decided by voters. If passed, Initiative 502 would make Washington the first state to legalize recreational use of marijuana. It would place the state at odds with federal law, which bans marijuana use of all kinds. Rep. Sam Hunt, D-Olympia, who chairs the House State Government & Tribal Affairs Committee that was considering the initiative, said the Legislature would not act on it, meaning it will instead automatically appear on the November ballot.
Washington voters acted boldly last November to begin reforming our nation’s failed policy on marijuana. It was an act of leadership, in stark contrast to the inertia that has perpetuated the failed war on drugs for the past 42 years. But the state’s most important allies in this political fight — its 12-member congressional delegation — have remained mostly silent. They appear to have missed the memo sent by 56 percent of voters: Washington voters want legalized marijuana.