Oregon Senator Jeff Kruse on how Rec affects Medical “Pot”

by Dominic Corva, Executive Director

As Oregon moves towards the Washington model for legalizing cannabis, it’s important to document how, why, and who. This letter came to us on a listserv email, as a response to Oregon cannabis organizers questioning why State Legal Cannabis now seems to preclude preservation of the existing Oregon Medical Marijuana Program (OMMP). This post reproduces Senator Kruse’s letter as it came to us in an email: it may have been abbreviated or altered in transit. If so we are happy to make corrections.

There are many political and economic rationales at work to turn cannabis legalization into a reason to radically restructure medical cannabis regulation, but this letter highlights, in no particular order (1) perceived political pressure from the Federal Government; (2) perceived lack of regulation despite Oregon’s existing medical regulatory framework (as opposed to Washington, which didn’t have one on account of then-Governor Gregoire’s 2011 section veto); (3) deference to minority voter will; (4) backlash against “vulgar and threatening” approaches by some cannabis activist communications; (5) and belief that it is possible to end black market sales in Oregon through legislation this session.

Only one of these rationales is totally detached from reality — the last one. It’s unclear to me how legislators don’t grasp the regulatory reality of 40 years of prohibition — an effort to legislate and enforce the black market out of existence. It doesn’t work, and that’s why voters are passing legalization initiatives. Or rather, it does work: it works to create cannabis informal markets that respond to price differentials across space. In Oregon, this has meant the development of a major export market. This did not happen overnight, and it was not the result of medical marijuana regulation. Ending medical cannabis regulation does not and can not mean ending black market sales in Oregon.

Other than that, all of the other rationales have some purchase in reality even if they support the counterproductive aim of excluding people from society rather than bringing them in from the shadows. They establish lines in the sand over which the future of Oregon, and United Statesian, cannabis legalization are being contested. From our perspective, here are a few counterpunches:

(1) Federal government cannabis policy has always been fear-based, not evidence-based. Legalization cannot achieve its social purpose — ending the drug war — through fearful deference to Federal legal categories and threats.

(2) OMMP is as much about legal protection from an insane drug war as it is about protecting the right to health. Colorado’s regulations are no more strict than OMMP, and the Federal government has shown no signs of interference.

(3) Protecting the rights of minorities is a great democratic goal — but in this case, the voting minority is morally wrong: continuing the failed drug war on a county- and city-level patchwork geography is bad for society and will doom efforts to create a statewide cannabis peace experiment.

(4) How we communicate is just as, if not more, important than what we communicate. Rude and threatening communication from 2014’s session ensured that key lawmakers in the 2015 session allowed only I 502 business interests to influence their thoughts and decisions about medical cannabis in SB 5052. We at the Center believe that nonviolent engagement is the best strategy for winning hearts and minds in the drug peace movement.

That said, I present to you Oregon Senator Jeff Kruse, R-Roseburg. The message has been copied and pasted from email without alteration.

***

*”Working Hard For You*

*MAY 22, 2015*

*POT…..AGAIN*

I have received a lot of phone calls and emails on the subject of
marijuana, which advocates say we should call cannabis, but for the sake of
brevity in this letter I will call it pot.  While a good number of these
have been thoughtful and courteous, a large number and been vulgar and even
threatening.  To those in the latter category, if you are trying to make a
valid point with a legislator, you are going about it the wrong way.  I
can’t speak for my colleagues, but personally I don’t respond to such
tactics and have little respect for those who use them.

Before I go any further it might be a good idea to once again tell you why
I am qualified to be working in this subject area.  First, I am a
recovering addict.  I have been drug and alcohol free for 29 years; but,
among the other things I did, I was a daily pot smoker for eighteen years.
Additionally I have been involved legislatively with the medical marijuana
program since the passage of the ballot measure in 1998.  I entered this
Session with a lot of thoughts, but two primary objectives.  The first was
to protect the integrity of the medical program and the second was to
attempt to end the black market sales in Oregon.  Senate Bill 964 (which
deals with the medical program) goes a long way to achieving those
objectives.

Many have asked why we are dealing with the medical program when Ballot
Measure 91 was about recreational use.  The short answer is because of the
direction we have received from federal government on the subject.  We need
to remember that pot is a schedule 1 narcotic at the federal level, and
they expect a much higher level of accountability than we currently have in
the system, which is actually no accountability at all.  For example, if we
assume two pounds of pot for each of the 71,000 patients that would give us
a total of 142,000 pounds accounted for in the system.  However, the
conservative estimates from OSU tell us there is well over a million pounds
being produced (and other estimates take us to a much larger number).
There is clearly no way we can claim we know where the pot being produced
is going, but one would have to assume it is going into the black market.
According to the Cole Memorandum from the US Department of Justice this is
a red flag which could jeopardize the recreational program.  SB 964
includes a tracking system which, with the support of the Governor’s
office, will satisfy the feds on the issue of accountability.

The issue that split the Joint Committee was the local option relative to
the location of dispensaries.  All of the Senate members of the committee
wanted a local option provision, but three of the five House members
didn’t.  Over that issue the committee split and a Senate-only committee
was created, which passed out SB 964.  For those keeping track of such
things, if the House had agreed it would have been SB 844.  Our version
allows a local jurisdiction (city or county) to decide if they want to
allow dispensaries, including the time, place and manner of the
operations.  It has two other provisions, one which would allow the people
to put a measure on the local ballot with only 4% of registered voters
being required and the second gave local governments 180 days to decide to
give adequate time for people to put something on the ballot.  It should
also be noted all existing dispensaries and those that have gone through
the permit process would still be in place.  We are hoping to get similar
provisions on tracking and local options in the recreational bill, which is
currently HB 3400 (which we just started working on).

An interesting side note on “the will of the people.”  Clearly the voters
passed medical marijuana in 1998 and we have been working to improve the
system since that time.  It is also true the people passed Measure 91 at
the last election, which compels us to implement the recreational program.
What I have always found to be interesting is what is defined as an
“overwhelming majority.”  In the case of Measure 91 the yes votes were 56%,
which for some reason qualifies under the overwhelming category.  What
tends to be forgotten is the fact 44 out of 100 people voted no, which I
think is actually significant.  What I mean by that is the fact that those
who voted no should not be totally ignored.  As a Senator I don’t represent
just those who voted for me, I represent all the people of my district.  I
personally don’t think 56% is overwhelming, especially when in some parts
of the state the vote went the other way.  This is the primary reason I am
supporting the local option, because I would prefer the state not dictate
to communities much in the same manner I don’t like the federal government
dictating to the states.  My favorite example is the education system.  The
more the federal and state governments have been dictating to school
districts, the worse the outcomes have become.

The legalization of marijuana is a major change in this state.  We are
committed to doing what we can to make sure we do it right.  I just think
it is important to not step on the rights of communities and the people in
those communities in the process.

Sincerely,

Senator Jeff Kruse”

WSLCB: 4 of 22 I 502 stores cited for selling to minors

The following press release just came out from the WSLCB today via the I 502 listserv — Ed.

Marijuana compliance checks: 4 of 22 recreational marijuana stores sell to minors
OLYMPIA – Four Western Washington recreational retail marijuana businesses recently failed compliance checks conducted by the Washington State Liquor Control Board (WSLCB). Officers, working with underage investigative aides, checked 22 businesses for sales of marijuana to minors. The first checks represent an 82 percent no-sales-to-minors compliance rate.

The four businesses will be cited for selling marijuana to minors. The individuals who sold the marijuana will be referred to their respective prosecuting attorney’s office for potential criminal prosecution.

First Marijuana Compliance Checks
The WSLCB and local authorities regularly conduct compliance checks of area businesses licensed to sell alcohol. The checks, conducted May 15-18 in Skagit, Snohomish, Kitsap, Pierce and Cowlitz Counties, were the first marijuana compliance checks. The checks followed a recent communication to all licensees that enforcement officers were beginning compliance checks and recommended best practices for avoiding an illegal sale.

Compliance checks are proven tools to reduce the sale of age-restricted products to minors. Investigative aides assist officers with compliance checks. These individuals are from 18 to 20 years old. They must either present their true identification or none at all if asked by a clerk.

Administrative Penalties
Liquor enforcement officers are empowered to issue Administrative Violation Notices to businesses that fail compliance checks. Fines or temporary license suspensions can be issued depending on the severity of the infraction or the frequency with which a business has been cited. Sales to minors are considered the most serious violations because they present a threat to public safety. Businesses cited for Sale to a Minor face a 10-day suspension or $2,500 fine. Businesses who receive three public safety violations within three years face license cancellation.

Businesses that sold marijuana to a minor

Mary Mart
3005 6th Avenue Ste. B (Tacoma)
Emerald Leaves
2702 6th Avenue (Tacoma)
Green City Collective
13601 Highway 99 Suite B (Everett)
Purple Haze
4218 Rucker Ave. (Everett)

Businesses that did not sell marijuana to a minor

Westside 420 Recreational
4503 Ocean Beach Highway (Longview)
Freedom Market
820A Westside Highway (Kelso)
Localamster
1006 California Way (Longview)
Longview Freedom Market
971 14th Avenue Suite 110 (Longview)
420 Holiday
2028 10th Avenue (Longview)
Diamond Green
4002 South 12th Street (Tacoma)
Rainier Downtown
112 South 24th Street (Tacoma)
Crockpot
1703 SE Sedgwick Road Suite 113 (Port Orchard)
Greenway Marijuana
4851 Geiger Road SE (Port Orchard)
420 Pot Shop
1374 SE Lund Avenue (Port Orchard)
HWY 420
1110 Charleston Beach Road West (Bremerton)
Kushmart
6309 Evergreen Way (Everett)
Bud Hut
11603 Highway 99 (Everett)
Herbal Nation
19302 Bothell Everett Highway (Bothell)
High Times
1519 Highway 99 (Lynnwood)
Euphorium Lynnwood
20925 Cypress Way Suite 104 (Lynnwood)
Local Roots Marijuana
212 West Winesap Road Suite 101 (Bothell)
High Society
8630 South March Point Road (Anacortes)

The WSLCB mission is to promote public safety and trust through fair administration and enforcement of liquor, tobacco and marijuana laws. Per 2015 legislation, on July 24, 2015, the agency will change its name to the Liquor and Cannabis Board. It will retain the WSLCB acronym.

 

John Sajo Weighs in on Opting out in Oregon

Sajo

This post is reproduced in its entirety from the Umpqua Cannabis Association Facebook Page

[Editor’s note: Longtime Oregon community organizer John Sajo consistently produces well-reasoned analyses of Oregon issues, especially as they relate to the impact of legal cannabis on medical cannabis policy. We are grateful to amplify his voice, which gets significant play in Oregon but deserves a wider audience.]

by John Sajo, Umpqua Cannabis Association

The Senate Committee on Implementing Measure 91 just voted to pass SB 964 which is a major rewrite of the Oregon Medical Marijuana Act. On the one hand this bill would require every patient to report to the Oregon Health Authority every month exactly how many marijuana plants and how much marijuana they have on hand. Oregonians who agree to grow marijuana for a sick friend would have to do the same reporting and would also be subject to inspection by the health department. The idea behind all this new government intrusion into patients’ lives is to “regulate” medical marijuana and lessen the diversion of medical marijuana to the black market. Oregon Legislators are probably trying way too hard to honor the Cole Memo, which outlines the conditions for the federal authorities to defer to the state on matters of marijuana enforcement. The U.S. Congress voted last December to defund Justice Department enforcement of medical marijuana in states where it is legal, further complicating that federal/state conflict.

But on the other hand, Section 70 of SB 964 allows local governments to prohibit medical marijuana dispensaries and processing sites within their jurisdiction. Counties can’t prohibit marijuana because Oregon voters legalized marijuana last November. Every household will be able to grow four plants. But in some counties patients won’t be able to buy medical marijuana. If these patients need vape pens or edibles so they don’t have to smoke, they will be out of luck. Banning dispensaries means qualified patients have to drive to the nearest county without a ban just so their anti-marijuana neighbors don’t have to ever see the marijuana store. Sounds like bigotry to me. Prohibition always stimulates the black market so counties that ban dispensaries will be promoting their local black markets.

Another problem with allowing county bans is the revenue the state will lose. Taxes and license fees will not be collected where stores and processing are prohibited. If a significant number of counties, particularly big ones, opt to ban, the state could lose tens of millions of dollars in marijuana revenue. Those counties, mostly poor rural counties, will also lose their share of the revenue.

Local bans on marijuana commerce are just plain wrong. Dispensaries serve the public that wants them and have minimal impact on the people that don’t. Dispensaries will not exist anywhere unless there are enough patients that benefit from shopping there. Making it harder for patients to get their medicine should not be tolerated. The law clearly allows local governments to impose all sorts of reasonable regulation to control where and how marijuana businesses operate. Oregon now has hundreds and they are not causing problems.

Allowing local governments to continue prohibition by banning dispensaries undercuts the voter mandate to legalize marijuana. It will undermine implementation of the law. The legislature should reject this bad idea.

This bill may be a wake up call to Oregon voters who legalized marijuana. We may not be able to implement that choice unless we also defeat the local officials who choose to undermine the law.

Towards a Minor Cannabis Literature II

MVI_9262.Still001
Martin Lee, author of Smoke Signals, at CASP-organized Seattle Hemposium 2015 panel CBD: Time for a Conversation

Photo by Steve Hyde

by Dr. Dominic Corva, Executive Director

My second installment in this series takes a very different approach: a broadly “first-cut” categorized bibliography with just books (no articles). This minor literature will soon be a page on our site, with specialized sub-pages. For now, enjoy this list without wordy explanations!

A Minor Cannabis Literature/CASP-endorsed Curriculum

The following bibliography will evolve as a page and set of sub-pages with appropriate hyper-links. All of the texts below are “CASP-endorsed,” which really only means that Dr. Corva is familiar with and has found them useful in various educational settings.

We’ll start the page with books, and move categories into sub-pages as time resources permit. We are also starting with cannabis-focused books and move into broader categories in which cannabis figures prominently as a subject.

Books

Big Picture, includes elements of all other categories (includes scientists and journalists broadly united as “Historical Geographers”

Cannabis Evolution and Ethnobotany, by Mark Merlin and Robert Clarke (2013).

Cannabis: a History, by Martin Booth (2005).

Smoke Signals: a Social History of Marijuana Medical, Recreational and Scientific, by Martin Lee (2013).

Reefer Madness: A History of Marijuana by Larry “Ratso” Sloman and William Burroughs (1998).

Marijuana Conviction: A History of Marijuana Prohibition in the United States, by Richard Bonnie, Charles Whitebread, and Dana Farnsworth (1999).

chronic freedom, assembled by Scott Holmquist (2010).

Cash Crop: An American Dream, by Ray Raphael (1985).

Marijuana in the “Third World”: Appalachia, U.S.A (Studies on the Impact of the Illegal Drug Trade) by Richard Clayton (1995).

Evidence and Explanation (books by research scientists with Ph.D.s and M.D.s)

Cannabis and Cannabinoids: Pharmacology, Toxicology, and Therapeutic Potentialby Dr. Ethan Russo (2002).

The Pot Book: A Complete Guide to Cannabis, collection edited by Julie Holland (2010).

Marijuana Policy: What Everyone Needs to Know, by Jonathan Caulkins, Angela Hawken, Beau Kilmer, and Mark Kleiman (2012).

Understanding Marijuana: A New Look at the Scientific Evidence, by Mitch Earlywine, M.D. (2005).

Marihuana: the Forbidden Medicine by Lester Grinspoon, M.D. and James Bakkalar, M.D. (1997).

Marihuana Reconsidered by Lester Grinspoon, M.D. [with Carl Sagan as “Mr. X”] (1994).

Marijuana Medical Handbook: Practical Guide to Therapeutic Uses of Marijuana Paperback by Gregory T. Carter M.D., Dale Gieringer Ph.D., and Ed Rosenthal (2008).

Marijuana Myths Marijuana Facts: A Review Of The Scientific Evidence by Lynn Zimmer and John P. Morgan (1997).

Memoir and Popular Interest (books by journalists and lay people)

Too High to Fail: Cannabis and the New Green Economic Revolution by Doug Fine (2013).

Weed the People: the Future of Legal Marijuana in America by Bruce Barcott (2015).

Big Weed: An Entrepreneur’s High-Stakes Adventures in the Budding Legal Marijuana Business Hardcover by Christian Hageseth and Joseph D’Agnese (2015).

Super-Charged: How Outlaws, Hippies, and Scientists Reinvented Marijuana Hardcover by Jim Rendon (2012).

Heart of Dankness: Underground Botanists, Outlaw Farmers, and the Race for the Cannabis Cup Paperback by Mark Haskell Smith (2012).

 

 

 

 

Letter from John Sajo to Oregon Governor Brown

Sajo

 

Photo of John Sajo at the 2014 International Cannabis Business Association in Portland

by John Sajo, Oregon growing community organizer and trusted CASP information node

Governor Kate Brown sent a letter to the Joint Committee on Implementing Measure 91 https://olis.leg.state.or.us/…/CommitteeMeetingDocume…/69742
complaining that, “a self-reporting system of tracking is not sufficiently reliable to enable state agencies to enforce the regulations…” Does this mean that she wants a government inspector in every patient’s garden every time they harvest? The Governor’s letter and similar testimony from OHA has derailed SB 844, which had many good provisions. The people who want to over-regulate marijuana do not understand how to eliminate the black market – it is not with too many unenforceable rules.

The following is my open letter to Governor Brown:

John Sajo
Roseburg, Oregon

May 5, 2015

This is an open letter to Governor Kate Brown regarding SB 844, and tracking medical marijuana.

My name is John Sajo and I would like to comment on your May 1, 2015 letter to the Joint Committee on Implementing Measure 91.

I have been an advocate for marijuana reform for over thirty years. I collected my first signatures on a marijuana initiative petition in 1982. I have spoken to legislators about marijuana laws every session since then. I advised the drafters of measure 67 (the OMMA) on the language of that law and worked on that 1998 campaign. I co-founded Voter Power, an Oregon nonprofit which worked on implementing the OMMA and advocated for broader marijuana reform. I co-authored measures 33 and 74 which unsuccessfully attempted to legalize dispensaries in 2004 and 2010. I served on the Advisory Committee on Medical Marijuana from 2006-2010. I advised the sponsors of measure 91 on the language of the initiative and contributed financially to the campaign. I served on the Roseburg Advisory Committee on Medical Marijuana in 2014. I am currently the Executive Director of the recently formed Umpqua Cannabis Association.

There is much discussion about eliminating the black market as one of the goals of Measure 91. Breaking the black market down a little bit will help analyze how to reduce it. There are many different aspects of the black market but they are not equally dangerous.

The black market is any sales of marijuana outside the legal, regulated system. After July 1 , when legalization takes effect, there will be many ways marijuana can be transferred between adults that will be legal but outside the regulated market. Any adult will legally be able to give any other adult up to an ounce of marijuana. Anyone holding a medical marijuana card can already legally give any other cardholder up to 24 ounces of marijuana. Thousands of pounds of marijuana will be exchanged legally between adults outside of the regulated market.

An adult selling anyone marijuana anywhere other than in a medical dispensary or rec store will be illegal. Anyone selling marijuana to a minor will be illegal. These transactions constitute the in-state black market. They can range from a friend or neighbor exchanging cash for marijuana at home to someone buying marijuana from a stranger on the street. There have been established criminal networks distributing marijuana illegally for decades.

The out-of-state black market is noteworthy because the Cole memo requires states to maintain a robust regulatory structure to prevent it. Oregon has a long history of exporting marijuana. In 1986, Oregon marijuana legalization activists campaigned with a brochure headlined ” Oregon ‘s Billion Dollar Crop” that was based on NORML’s estimate of the value of Oregon ‘s marijuana crop that year. Marijuana seized in other states has been linked to OMMP gardens in many cases but this must be considered in the context of an underground market that was estimated at a billion dollars thirteen years before the OMMA even existed. The percentage of Oregon marijuana exports related to the OMMP is unclear.

Many marijuana grows linked to Mexican cartels have been busted on public lands in Oregon . The largest seizure a few years ago was over 100,000 plants. Presumably most of this marijuana is exported from Oregon through existing criminal networks. There is also a substantial amount of marijuana “hidden in plain sight” in basements, warehouses and outdoors that is cultivated by Oregonians illegally and shipped out of state. Many out of state marijuana seizures are linked to Oregonians with no ties to the OMMP.

After July, marijuana will illegally “leak” out of Oregon through many different channels. Marijuana will be shipped through the mail and through private carriers. People will drive marijuana out of state in their cars. People will fly to other states with marijuana in their luggage. Millions of cars and millions of airline passengers leave Oregon every year. To put the challenge of stopping leakage in perspective note that Colorado sold 140,000 pounds of marijuana in 2014. If Oregon produces a similar amount it would only take a half dozen semi trucks to carry the entire state’s production. Smugglers are no doubt becoming more sophisticated and shipping more marijuana concentrates. A million dollars worth of “shatter” could easily fit in one car. Stopping leakage from Oregon to other states should be recognized as an unattainable goal in a free society.

SB 844 proposed reporting and potential inspections of small medical marijuana gardens as part of a robust regulatory structure to satisfy the Cole memo. This was called “tracking light” but for the thousands of patients and growers who would be subject to warrantless searches of their homes it is not. You write, “I fear that a self-“reporting system of tracking in not sufficiently reliable.” Please consider the burden more rigorous tracking will place on individual patients and medical marijuana growers who are helping a small number of patients.

There are many OMMA patients who depend on their own garden or a grower because they will never be able to afford to buy marijuana at a dispensary. In 2014, 44% of OMMA patients qualified for low income discounts. Intrusive regulations may drive growers for these patients out of the OMMP system and will leave these patients with a difficult time obtaining medical marijuana.

I support tracking of large commercial marijuana farms, but tracking of small patient gardens is an unwarranted government intrusion into the private lives of patients and people trying to help them. Some people support those provisions because they believe it is necessary to satisfy the Cole memo.

The Cole memo does not specify exactly what is required to continue federal tolerance of Oregon ‘s legalization law. It does not mention tracking. In his testimony to the Senate Judiciary Committee on September 10, 2013 , James Cole did say, ” As the guidance explains, a jurisdiction’s regulatory scheme must be tough in practice, not just on paper. It must include strong enforcement efforts, backed by adequate funding.” There will never be adequate funding to audit every small garden. Oregon has allowed patients and growers to sell untracked marijuana to dispensaries for over a year and the federal government has shown no interest in shutting this down. Washington has a chaotic medical marijuana market with no tracking and the federal government has not acted to shut that down. In December, Congress passed a budget rider that forbids the U.S. Justice Department from spending money pursuing activity legal under a state medical marijuana law and the significance of this is currently being litigated.

Tracking is appropriate for the commercial marijuana industry because it will raise quality, improve farmers’ best practices, and promote efficiency. It will allow any contaminated product to be traced back to its source to identify the cause and minimize any adverse public health impact. Tracking large producers, backed by audits will minimize leakage where it would be most significant. Tracking all the small gardens is unrealistic. Requiring tracking on small cooperative gardens merely adds a burden on patients and their caregivers. What if a patient growing for other patients fails to report or makes mistakes. Are we going to penalize a struggling sick person for being unable to comply with arbitrary and unnecessary red tape?

Tracking finished products is one thing. Tracking plants is quite another. The quality of information in a plant tracking system is suspect. Potentially millions of events and measurements will be tracked. Who is going to audit all that data? When a farmer reports that a plant was destroyed due to mold or bugs, is an inspector going to come check the compost pile? If cameras are required to audit the tracking system in real time, are they going to include night vision sensors to prevent cheaters from picking and diverting flowers in the dark? Can we be confident that hackers will never be able to modify the online data? How will we insure that OLCC employees are not corrupted the old fashioned way with bribes or threats? Tracking may sound good in the abstract but when applied to the real world situation of monitoring growing plants in diverse environments its effectiveness should be balanced against costs.

The only way to diminish the black market is to create a thriving efficient regulated market that significantly undercuts black market prices and offers wider selection, better quality and a safe comfortable environment. The regulated market can produce marijuana much cheaper by allowing commercial growers to cultivate without arbitrary plant limits. The black market can be defeated by market forces, not by arbitrary rules with lots of unintended consequences.

In your letter, you refer to the “costs of a seed-to-sale tracking system for all licensed or permitted marijuana growers…” First, I argue that the dollar costs of actually providing anything beyond the self-reporting system for all the 35,000 OMMA gardens would be astronomical. I doubt it is even possible. Second there is a huge cost in terms of personal rights. Self-reporting and possible inspections are already violations of the right to unwarranted search and seizure. Beyond that, these provisions are causing discomfort and stress to thousands of patients and the people that care for them. At a time when any Oregon household can possess and cultivate marijuana, why should patients or people assisting them by producing marijuana for them be subject to greater scrutiny.

Oregon can and will greatly diminish the in-state black market. The most important part of this will be much lower prices. The problem with this solution is that it will exacerbate the problem of out of state leakage. As Oregon prices drop, more out of state tourists will be attracted here and some will try to take marijuana home to other states. This highlights the real elephant in the room – federal law. It might be worth pointing out that some of this out of state leakage is desperate medical patients from other states seeking relief in states where their medicine is legal. Last year a Missouri patient traveled to Colorado to see if marijuana would help her. It did. She tried taking some home but was arrested driving through western Kansas , where she died in jail because she was denied access to her prescription drugs. An Oregon patient I know was convicted of a felony for mailing marijuana to herself so she could medicate while visiting family in another state. We might also ask if it isn’t better for Americans in other states to be buying marijuana from Oregon rather than supporting the Mexican drug cartels which represent a clear and present danger to national security?

Oregon must implement Measure 91 to satisfy the Cole memo but there are many ways to do so. We should also be aware that actually succeeding in its goals would have some negative unintended consequences. I suggest that Oregon should also spend time and resources trying to lead the federal government away from a dysfunctional and destructive policy that is unsupported by either the citizens of our country or science.

What are some alternatives to seed to sale tracking to minimize out-of-state leakage? I suggest focus tracking on people and money, not plants and patients. There is a virtual gold rush of out-of-state investors seeking to buy marijuana farms and businesses. The most significant and destructive leakage would be if organized criminal enterprises like Mexican cartels or biker gangs in other states own and control Oregon farms. Regardless of tracking, I believe such organizations would be able to divert large amounts of marijuana into their existing distribution networks. This activity could be minimized by delaying out-of-state ownership of marijuana farms businesses and carefully regulating investment in such business. This would prioritize focusing on the most harmful aspects of leakage and would do so with inexpensive effective tactics.

Again I suggest that the best way to eliminate the black market is to allow the legitimate market to undercut it. Timing is very important. Senator Ferrioli’s suggestion that medical dispensaries should be allowed to sell to adult users on July 1 makes sense. Allowing people to legally possess marijuana but giving them no way to legally obtain it for months -if they grow their own- or a year – if they buy at OLCC licensed stores- is a recipe for stimulating, not eliminating, the black market.

Thank you for considering these ideas. I look forward to communicating further with your administration as Oregon implements legal marijuana.

John Sajo
Director, Umpqua Cannabis Association
541-530-2221

Legalization as a Means to an End

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From The Jamaica Observer, Clovis Toon, April 19, 2015

by Dr. Dominic Corva, Executive Director

Every day I find new assemblages for approaching the human-cannabis relationship. This cartoon is lifted from the Facebook group “The Coffee Model – Sensible Cannabis De-ILLegalization.” It’s an example of what we mean when we say discourses of cannabis legalization differentiate previously coherent notions of what it means to be legal, and what it can or should mean to be legal. In this case, our incipient class divides in the post-legal landscape enunciate a post-colonial problem, continuous with histories of imperialism, race and class in Jamaica.

Who gets to profit from “legal” cannabis, is the question. Privateer Holdings’ partnership with the Bob Marley family to create a global brand doesn’t happen in a vacuum. Laws have to be changed, and how they are changed will determine who gets to profit from ending the prohibition approach to cannabis regulation.

Profiting from prohibition’s end is different from benefitting from prohibition’s end, to be sure, and that’s the crux of the class warfare question. The singular common ground — prohibition’s end — is being broken up into a thousand loosely connected islands of relative policy liberalization, but we are still in general operating in the context of a Global Drug War.

Washington — and Colorado, and anywhere else concentrated financial capital is beginning to be able to infiltrate without fear of State intervention — provides the Privateers of the world footholds from which to leverage their financial power on behalf of ending absolute and punitive prohibition.

That’s positive. But instead of opening up possibilities for democratic human-cannabis relationships — the right to home grow, for example — the centralizing forces of financial capital may force those relationships into soulless, commodifiable choices brought to you by whoever has the most money to shape conditions for legalization.

That’s negative. But it’s also how the rest of our economy works: consumer rights to choose what brands they want to buy, rather than how humans want to relate to a plant, are the shield behind which transnational corporate financial interests advance the interests of a profoundly undemocratic economy.

Ending the drug war, it seems, has a price. This is the beginning of a conversation about that price, and whether there’s any room for non-financial value to speak. There’s lots of common ground to work on, but it’s time to stop pretending that the end of the drug war is the end of the conversation.

Towards a Minor Cannabis Literature I

 

"Cannabis Politics Out of the Shadows"
“Cannabis Politics Out of the Shadows”

Photo by unknown, from February 2014 talk at the University of Arizona Department of Geography

by Dr. Dominic Corva, Executive Director

Lately I’ve had occasion to consider what a cannabis curriculum might look like. Although the occasion requires more “thinking like a trade school” than thinking like a popular educator, I want to start a series of posts dedicated to the consideration of the latter.

While have had the opportunity both at the University of Washington and at Sarah Lawrence College to develop elements of a curricular cannabis literature, events have conspired to significantly broaden the scope of such consideration.  What should people read to gain a foundational understanding of the place of cannabis in society?

This kind of question is belongs to a population of questions that make up what Western educators call the liberal arts tradition. That tradition nominally stands for the development of the human capacity to answer questions by situating the human condition in an historical (and geographical) contexts. The literatures that populate those contexts are, again nominally, subject to peer-informed debate and evolution. Academic institutions have distinct sets of literatures that constitute a “core curriculum” for their educational subjects. These vary across time and space, but not that much: Sociology 101 courses always are going to involve Max Weber, for example. Econ 101, in the U.S., Adam Smith and David Ricardo. In the U.K. Karl Marx would be paired with Smith and Ricardo.

I’m not trying to do that for Cannabis Studies (just invented that, I think). Rather, I want to think in terms of 1. information credibility 2. information that develops critical thinking not just content upload and 3. information communicability. Let’s mis-appropriate Deleuze and Guattari here to play with the relationship between major and minor. I want a Minor Literature for Cannabis, as opposed to a literature in demand as or in service of Authority, which would be a Major Literature.

Number 1 is easy for me to deal with methodologically, as I get the luxury of deciding unilaterally, at first, which authors or texts are most credible, according to my standards. I will need to work on those standards but let’s try a few out in no particular order, brainstorm-fashion:

Credibility: Authors (the Peer Review question) and Texts

Do I know this person/text and have I seen them work/successfully used them to work

Do people I trust (eg., Dr. Sunil Aggarwal) know this person/text and have they seen them work/successfully used them to work

Credibility: Texts

Publication context — who by, with what explicit political agenda?

Theoretical influences — how are the arguments framed and with help from what prior literatures/conversation?

Methodological transparency (my favorite, you see me try to do on the web site with varying degrees of success)

Credibility and Critical Thinking 

Evidence quality is a relative concern: I’m much more interested in transparency with respect to evidence quality. All evidence is suspect, for the critical thinker. All hypotheses are subject to falsification, including popular hypotheses that have settled into the fabulous garment of Received Wisdom.

To falsify a hypothesis takes methodological rigor but this happens in a Political Context, so some Social Problems are more resistant to professional inquiry than others. This is especially true for cannabis.

In fact, because of this a Minor Cannabis Literature has to constantly deal with Drug War Politics, in an historical and recurring fashion.

Therefore, some candidates for Minor Cannabis Literature don’t deal with cannabis explicitly, at all. Eg.: Michel Foucault’s Society Must Be Defended, or Erving Goffman’s Stigma: Notes on the Management of Spoiled Identity.

The Proper Subjects of a Minor Cannabis Literature are relations of power in society through which human-cannabis relationships are defined, produced and managed.

Communicability

Do they have a clear focus/thesis statement/statement of purpose?

Are they accessible — that is, can different publics understand that they are being spoken to for a reason that matters to them?

I need to get on with my day. Next up will be a consideration of specific Minor cannabis Literature candidates in future posts, informed by the criteria of this brainstorm.

For now, if you are interested, you could start here. Explanation and link to actual document below the image.

requiemphoto

It’s my publication “Requiem for a CAMP,” published a few years ago now in the International Journal of Drug Policy, a journal that apparently ranks 5th out of 34 possible “substance abuse” journals according to Elsevier’s advertising widget. How does it rank with Policy journals? I have no idea, but probably not very high because it’s a journal that labors on the radical edges of drug policy. And by “radical edge” I mean tends to produce content that is highly critical of the drug war, by publishing literatures that share an interest in harm reduction — political, economic, cultural, biophysical, and other kinds of societal harm.

Feel free to email me recommendations of texts for consideration. I also welcome any efforts to write about your recommendations, and if they match the mission of this post and its criteria I would be happy to publish them.

 

 

 

 

 

Popular historical geographies of the present: Dr. Corva meets authors at Town Hall

https://youtu.be/YAHgnRh1Cm0

Video by Steve Hyde

by Dr. Dominic Corva, Executive Director

It was my pleasure last week to host a conversation with Christian Hageseth, Colorado “Green Man” entrepreneur, and Bruce Barcott, Guggenheim-awardee nonfiction author out of Whidbey Island, Washington State, at Seattle Town Hall. CASP videographer Steve Hyde filmed the event and we are happy to host the footage of the event on our web site.

I chose to conduct the event as a meta-conversation with the authors, occasioned by key similarities and differences in what they each chose to write about. They are two very different books united by a common effort to demystify what we talk about when we talk about cannabis legalization. I have no interest in passing judgement on either book on how they fail or succeed as books. Both books grapple with broad historical context, both are inaccurate in different degrees from my perspective as a specialist, but in general neither are seriously wrong. Hageseth’s account is strongest when it represents what happened in Colorado, whereas Barcott’s narrative — as one might expect from a professional nonfiction writer — is strong everywhere, so when he gets it wrong occasionally it stands out a bit more.

That said, I want to focus on how they constitute “popular historical geographies” of the cannabis present from standpoints unique to each author. Both are mass-market media events for which each author is doing a book tour, and both seek — sometimes more implicitly than explicitly — to nuance the national popular discussion about cannabis legalization. This is clearly not the case, for example, in the process of choosing book titles. It’s all about keywords, Barcott told me, and so unfortunately both of these book feature “Weed” as the preferred nomenclature for cannabis.

That’s how I want to define “popular” here, but those of you who understand the concept and practice of “popular education” should also think about it that way — each book struggles in the face of a public that can’t handle the truth about cannabis or its criminalization. What both authors have to say about how we got here and what the consequences have been for our society is absolutely true, but if accepted as such by the public would require a totally different justice system to address the crimes against humanity committed by most of our elected officials for the last 40 years. Barcott for example highlights the closure of the Federal Cannabis Investigative New Drug Program to all new applicants in the early 1990s as it became swamped with HIV/AIDS applicants into the program. Robert Randle’s glaucoma was acceptable as a condition requiring exceptional legal space, but HIV/AIDS bore so much stigma that the entire program had to be closed to new applicants rather than allow access to life-saving cannabis for HIV/AIDS patients.

That was a genocidal policy decision. To understand how that happened as a society, we would have to accept that our government is capable of genocidal social policy, with impunity. We might have to re-think our faith in democracy, the presumed wisdom of our leaders, and the nature of our health care system. In this way, these two books offer degrees of radical popular education.

Both books are very attentive to what we called in graduate school “positionality” (or “standpoint”). The author’s autobiographies are a constant presence in the books, establishing a mode of relative objectivity with the subject of their inquiries. The authors are embedded in the historical geographies that they map out, and the evolution of their own consciousness with respect to their own self-consciousness at large is an important part of the story. In this way, both books move us way out of the binary discursive rut common in media accounts: pro-cannabis legalization or anti-cannabis legalization. This is absolutely vital. That said, both deal seriously with cannabis which, like everything else but statistically less so than say peanuts, is not always good for everybody. This was especially clear in Hageseth’s discussion of edibles and Barcott’s discussion of cannabis use in populations with predisposition towards mental health issues.

Hageseth seems to have always had a positive relationship with cannabis and cannabis consumption, and is clearly much more of an “insider” to cannabis culture even as he discovers (and participates in) the reconstruction of cannabis as part of the formal economy. The initiation of the latter is occasioned by a Social Event in this country: the financial crisis ruined Hageseth’s financial situation, as it did so many other Americans. Like so many other Americans, however, his positive prior relationship with cannabis allowed him to consider and evaluate potential social harm and social risk in a forward-thinking manner. This is how he found himself able to participate in and profit from Colorado’s experiment with medical cannabis regulation. It’s helpful to remember, of course, that Colorado’s medical cannabis regulations — however loosey-goosey they are in practice — meant that their experiment in legalization was allowed to move forward while Washington’s stagnated and fell into dysfunction.

Barcott’s journey involves much more conscious self-evolution as he struggles with accepting the legitimacy of cannabis first as a medical cannabis consumer, then as an I 502 voter, and then as an observer of some of the early growing pains. That evolution is worked out especially through how he communicates with his children about the subject of his book project. One of the most successful drug war-positive discourses in this country is the one that asks, What about the children? Barcott addresses this personal struggle throughout the book, and offers nuanced ways not only to discuss cannabis issues with children but plenty of evidence that the drug war has been waged relentlessly against children and other vulnerable populations — that legalization makes our children safer.

That message, of course, returns us to our organizational philosophy at CASP. If cannabis policy is only thought about as cannabis, the public has been raised to understand and participate in a very limited conversation, in which cannabis is a threat to society because it is a threat to children. If cannabis policy is instead thought about in terms of social policy, we have to come to terms with the social construction of that threat, and how (some people’s) children are mobilized as human shields against a healthy social policy in which everyone’s children –everyone’s lives, everyone’s health, everyone’s dignity — matter.

It is simply not in the best interest of society to remain addicted to the drug war.  These two books are profoundly successful at making this point. I thank the authors for the conversation and Seattle Town Hall for putting on the event.

 

 

 

 

Legal Landscape coming into focus

Weekly MJ Report 4_6_2015 (1) (1)

 

Infographic obtained through Spokane City Council WSLCB public records request. Many thanks to Blaine Stum for sharing it with us.

by Dr. Dominic Corva, Executive Director

Two weeks ago, the WSLCB released a massive raw Biotrack data dump to CASP and many other individuals and organizations that have been trying to track the emergence of Washington’s legal cannabis landscape. To my knowledge we are all — even private information organizations — still attempting to organize the data into coherent parts. In the mean time, CASP has been receiving requests for updates to publicly available information from the WSLCB “Frequently Requested Lists” site. This post is an effort to provide the best information we have right now, in response to rising public interest on the one hand and pending raw data processing on the other.

The infographic above is the only known document of its kind, possibly representing a document that will in fact be released on a weekly basis from the WSLCB to the public at large. While the licensing numbers are of particular interest and continuous with previously known data, I want to draw the reader’s attention to flower harvest and useable marijuana produced in this fiscal year.

According to the Washington State Board for Community and Technical Colleges,  the state fiscal year is defined as follows: “State Fiscal Year = A 12-month period used for budget and accounting purposes. The state fiscal year runs from July 1 through June 30 of the following year, and is named for the calendar year in which it ends (e.g., July 1, 2013 through June 30, 2014 is state Fiscal Year 2014).”

Thus, the fiscal year to which this document refers runs from July 1, 2014 through June 30, 2015. This time period encompasses virtually all of the possible Washington State cannabis harvests and sales so far. Therefore, the numbers in this worksheet, if they are accurate, represent the best picture of the Washington State legal cannabis landscape to date. There are three items of particular interest.

1. The numbers represented here render all of the previous calculations done on this site and others obsolete, in terms of accuracy. According to this infographic, only 15,865 lbs of usable cannabis, which I am interpreting here as salable flower, has been harvested to date, meaning that the fall 2014 harvest flower glut could not possibly have been the product of a 30,000 lb outdoor harvest. Instead, it would seem the exaggerated volume from harvest reflects total cannabis produced (including raw material for extracts).

2. We are producing approximately 688 lbs usable flower /month, if we take this “April 6” update to represent March’s “MTD” rather than the six days of April. This seems like a reasonable conjecture, but can’t be taken as gospel at this point. That number should be taken as the current indoor capacity of the I 502 system, since we assume zero outdoor or greenhouse production this time of year (even though it’s possible and in fact likely that there are some hybrid greenhouses out there that have continued to produce through the winter).

3. The ratio of buds to raw material produced per plant was initially assumed to be 1:1 per WSLCB statements. But from these numbers we see that ratio is 43,002 lbs raw material to 15,865 lbs buds, or approximately 3:1 raw material to buds. This supports CASP’s insistence that processing for extraction (as opposed to making pre-rolls) is the name of the game and if your producer/processor license’s business plan ignores this basic fact then you aren’t maximizing your chance for success in what will be an increasingly competitive market.

We will go much further into the data when we figure out how to extract it from the files provided to us through our public information requests. I want to tip my hat to the WSLCB, which has had to deal with what appears to be a truly messy Biotrack reporting system, for deciding to go ahead and let the rest of us have a crack at it.

 

 

 

County-level Retail Point Comparison: DOR Medical v. I502 Retail

I502medtit

 

Map by Dr. Richard Morrill, Emeritus Professor of Geography, University of Washington

Database architecture by Steve Hyde

by Dr. Dominic Corva, Executive Director

As the Washington State Legislature prepares to shut down medical marijuana access points by July 2016, it is helpful to begin to think about how many more I502 retail access points with medical cannabis endorsements will have to open to ensure the same level of geographic access Washington medical cannabis patients currently enjoy. Although available data is difficult to come by, this post is a first attempt at clarifying this picture for the public and policymakers.

The map above represents county-level shares of approved (not necessarily currently open) I 502 retail points and DOR-identified registered, tax-paying medical cannabis businesses. There are many problems with this data. I 502 approved retail points are growing in number at a rate of approximately 3-4 a week: the rate of openings is unknown. On the medical side, we are not sure how many of the 450+ medical marijuana businesses registered with the Department of Revenue (DOR) are retail access points (brick and mortar or delivery) and how many might be taxpaying producer or processor businesses.  The largest medical cannabis producer/processor-only business in the state, SODO-based New Leaf Enterprises (DAMA products), converted to I 502 status last month, so this number is also in motion.

“Patient access” is significant policy concern in the state of Washington, and the subject of much debate. Critics of the medical marijuana system, including I 502 business interests that have bulldozed the state’s longtime medical cannabis policy approaches in this legislative session for competitive rather than ethical reasons, have used the Seattle Times editorial board and anonymous “Staff” ( see here, here, and here, for starters) repeatedly over the last year to question the basic validity of the medical cannabis patient category. Medical marijuana advocacy organizations such as Americans for Safe Access [CASP’s fiscal sponsor is the federal 501(c)(3) sister organization, Americans for Safe Access Foundation – ed.] have spent a great deal of time and money pushing back against “cannabiz” strategies during this legislative session but with almost nothing to show for it.

So the question of access has been successfully framed as a question of the fundamental validity of cannabis as medicine, with zero efforts by anyone to collect real data on either patients or access. This post is agnostic on the question of “how many patients are real patients” because there is simply no data either on what constitutes authentic medical need, on the one hand, and what percentage of existing medical access point consumption is “valid.” Instead, we posit that absent real data about patients, we can instead provide real data about geographic access for however many existing and potential “real patients” are out there in the State.

Our ethical grounding point is the observation that if a single “authentic” patient loses access of any sort — geographical or socioeconomic — then bulldozing the medical cannabis landscape so that I 502 industry can gain competitive advantage is bad social policy. Medical cannabis policy originating from voter will through the 1998 initiative has had zero complaints from patients, wherever they are in the state, and instead has been accused of social harm by everyone but patients and doctors. Instead, accusations of social harm have demonstrably come from I 502 business interests that have lined the pockets of state lobbyists and legislators who have no knowledge of cannabis as herbal medicine; how cannabis products have evolved considerably from flower through the state’s medical cannabis system; and how this has been facilitated by the lack of punitive regulation introduced this legislative session.

As a result, the above landscape tells us something about ease of geographic access to (some kinds of) cannabis via the I 502 system for adult users, at the county level. The good news appears to be that in some rural counties, I 502 retail access points appear to provide access to cannabis for the first time (keep in mind our medical n only includes DOR-registered, taxpaying businesses). This is indicated by mostly blue circles.

But where the state’s population is concentrated, up and down the I-5 corridor and in Spokane to the East, and in some rural counties, patients will demonstrably lose access to retail medicine absent several changes over the next year and change.

First, I 502 stores are forbidden by law to include medical or therapeutic information through customer service or product packaging. This is substantially different from medical access points, most of whom provide some, admittedly sometimes accurate, information about therapeutic aspects of different varietals and “strains.” The paucity of accurate information in both systems is a significant policy concern, but it is not addressed by shutting down the system that actually provides some useful information, and legislating “medical endorsements” for some unknown number of I 502 retail points, some unknown number of which may be existing dispensaries that applied for but did not win favorable retail lottery placements in March 2014. In order for the state to provide as much geographical access for patients as is currently available according to DOR data, it will need to ensure that each of those circles represents the same number of medically-endorsed I 502 retail stores — some 430 across the state by July 2016.

Second, although cannabis testing standards and best laboratory practices in general are extremely problematic, the I 502 system has clearly exacerbated tendencies to reward labs that produce higher THC results. THC percentages are up 5-10% over previous ranges for medical markets. It’s quite clear that the I 502 system equates commercial “recreational” value with THC levels, reversing trends in medical markets to favor whole plant characteristics: varieties of cannabinoids especially CBD; and terpenes that may have as much or more therapeutic value than cannabinoid ratios. This is partially the result of stringent “security theater” regulations in I 502 that (a) keep the consumer from evaluating the product they are buying by smell and (b) severely limit visibility by requiring pre-packaging. Cannabinoid listing and “strain” name are pretty much the only things the I 502 consumer have to go on when it comes to purchasing flower. In order for the state to provide as much geographical access to diversity of flower terpenes and cannabinoids, as as is currently available according to DOR data, it will have to relax those packaging rules and police lab practices and standards set forth in the American Herbal Pharmacopeia that are currently being flouted widely in the interest of capturing lab market share. Recent statements by WSLCB indicate that they are aware of the problem and are taking promising steps.

There are many, many more problems with patient access that will be exacerbated by proposed changes to I 502 and medical cannabis policy, but this particular post is agnostic on these. Instead, it uses real data (with transparent limitations) to provide evidence that Washington state cannabis policy changes proposed in the legislature are bad social-geographic policy. The interests of Washington citizens — “society” at the state level — are poorly served by limiting geographic access to herbal medicine for patients, however many of them there are.