As Obama embarks on the third year of his second term, here are some of the ways in which Obama has begun to deliver on his promises of a more rational, less punitive approach to psychoactive substances. Obama's most significant drug policy accomplishment may be letting states go their own way on marijuana legalization. Even if our next president is a Republican drug warrior, he will have a hard time reversing that decision, especially given the GOP’s lip service to federalism.
A year of legalized recreational marijuana hasn't changed many Coloradans' minds on the groundbreaking shift — though more than one-third say the state's reputation has taken a hit, according to a SurveyUSA poll done for The Denver Post. More than 90 percent of the respondents who voted in the 2012 election on Amendment 64 — the measure allowing adults to legally possess up to an ounce of marijuana passed 54.8 percent to 45.1 percent — said they would vote the same way today.
The 43-year-old war on drugs had never seen such a barrage of opposition as it did in 2014, with successful marijuana legalization initiatives in several U.S. states, California’s historic approval of sentencing reform for low level drug offenders and world leaders calling for the legal regulation of all drugs — all of which cement the mainstream appeal of drug policy alternatives and offer unprecedented momentum going into 2015.
As marijuana legalization took hold in Colorado, the percentage of regular cannabis users in the state jumped to the second-highest level in the US. The results come from the National Survey on Drug Use and Health and represent the average of estimates in 2012 and 2013. Researchers will get a better idea about marijuana use in Colorado once they are able to zoom in on data showing how many people use marijuana daily. A study commissioned by Colorado's Marijuana Enforcement Division this year found that people who use marijuana almost every day account for about 22 percent of cannabis users. (See also: A Year of Legal Pot)
The black market for marijuana in Colorado isn't what it used to be. Nine or 10 years ago, the narrative of illicit cannabis in the state focused on illegally grown product filtering in from Mexico, California and elsewhere. Now it seems officials and experts are more concerned about Colorado-grown marijuana infiltrating other states, a trend that is seeing a significant upward trajectory. "In a lot of ways, our legal industry has become the black market for other states," said Tom Gorman, director of the Rocky Mountain High Intensity Drug Trafficking Area. (See also: A Year of Legal Pot)
In suing to stop marijuana legalization in Colorado, two neighboring states have embarked down an arcane legal pathway that could take years to reach a conclusion, legal scholars say. Nebraska and Oklahoma last week asked the U.S. Supreme Court to toss out portions of Colorado's pot legalization law. The states contend that Colorado's law — and especially Colorado's licensing and regulation of marijuana stores — violates the U.S. Constitution's Supremacy Clause, which says the federal law reigns when state and federal laws are in irreconcilable conflict.
These are interesting times for drug law reform, which, as it gathers pace, is asking important questions of international law. A UN General Assembly Special Session on Drugs is set for 2016 just as national reforms are challenging international treaties that form the bedrock of a global prohibition regime that has dominated since the turn of the twentieth century. States parties to the three UN drug control conventions must now confront the legal and political dilemmas this creates. This is the situation in which the US now finds itself following cannabis reforms in various states that are at odds with these treaties.
Nebraska and Oklahoma filed the first major court challenge to marijuana legalization, saying that Colorado’s growing array of state-regulated recreational marijuana shops was piping marijuana into neighboring states and should be shut down. The lawsuit asks the United States Supreme Court to strike down key parts of a 2012 voter-approved measure that legalized marijuana in Colorado for adult use and created a new system of stores, taxes and regulations surrounding retail marijuana. (See also: Colorado vows to defend pot law against states' challenge)
The Department of Justice announced that it would let Native American tribes grow or sell marijuana on their reservations, even in states where the drug is still illegal. The decision opens the door to pockets of legal marijuana throughout the country, in addition to the growing number of states that have legalized pot or are considering doing so. There are more than 300 reservations in some 30 states. If a good portion of those tribal governments choose to grow and sell marijuana on their land, then large swaths of the country will have access to legal pot. (See also: Tribes wary of selling pot, even if feds allow it)
Opening the door for what could be a lucrative and controversial new industry on some Native American reservations, the Justice Department will tell U.S. attorneys to not prevent tribes from growing or selling marijuana on the sovereign lands, even in states that ban the practice. The new guidance, released in a memorandum, will be implemented on a case-by-case basis and tribes must still follow federal guidelines, said Timothy Purdon, the U.S. attorney for North Dakota and the chairman of the Attorney General's Subcommittee on Native American Issues.
The legal weed industry is trying to grow something else these days: political influence. The National Cannabis Industry Association has spent $60,000 lobbying Congress and federal regulators during the first nine months of this year — double its lobbying expenses for all of 2013. Its political action committee also shelled out campaign money to help politicians in tough midterm races, including Democratic Gov. John Hickenlooper of Colorado, where voters in 2012 approved the recreational use of marijuana.
The US Drug Enforcement Agency has now walked back statements it made about the trafficking of marijuana grown in the US to buyers in Mexico, after being met with skepticism by other law enforcement agents and experts and being pressed to divulge more information on the allegedly burgeoning problem. The claim that Mexican drug cartel members were taking US-grown weed and selling it at a premium to Mexican customers first emerged in a broader NPR report on the effects of legalized marijuana on the illicit drug trade.
Illicit drugs made from plants (e.g., cocaine, heroin) are being replaced in some national drug markets by those that are synthesized (e.g., methamphetamine, fentanyl). The U.S. has had a parallel experience in the past decade with the rise of illicit consumption of synthetic opioids and cannabinoids. If illicit drug markets continue to separate from an agricultural base, it would upend traditional understandings of drug markets and drug policy.