Quotulatiousness

May 19, 2017

Marijuana use promotes incoherence … on the part of non-users

Filed under: Cancon, Law, Liberty, Science, USA — Tags: , , , , — Nicholas @ 03:00

Chris Selley rounds up some of the less-than-realistic concerns of the anti-legalization folks:

The move toward marijuana legalization is … still not as coherent as it could be, let’s say. The Liberal legislation, unveiled last month, would establish rules around THC-impaired driving that may well prove unconstitutional: science has yet to establish a solid link between a given level of THC concentration in a driver’s blood or saliva and his level of impairment. Frustratingly, there are still those who use this as an argument against legalization — as if it would create pot-impaired drivers where there are none today.

Last week on CTV’s Question Period, host Evan Solomon asked former U.S. ambassador Bruce Heyman what would happen if someone showed up to the border with his car or his clothes smelling of marijuana. It’s a variation of a question that’s been asked often: As it stands, Canadians who admit having smoked marijuana in the past are sometimes turned back. What would happen after legalization?

The de facto answer is, as always: Whatever the hell the U.S. border guard in question wants to happen. (It amazes me how many Canadians haven’t yet figured this out.) And furthermore: “Don’t rock up to the U.S. border reeking of pot, you utterly unsympathetic tool.”

The de jure answer: Well, who knows? Why would Canada’s decision to legalize marijuana have any bearing on the admissibility of foreign pot-smokers to the United States of America?

Heyman’s answers were more, er, nuanced than mine. Bafflingly, he started talking about sniffer dogs and their performance limitations: They won’t care that pot’s legal, so they’ll still detect marijuana, and that will bog down the border.

Now, marijuana legalization certainly might lead to a bogged-down border — if humans, not canines, decide to bog it down. For example, one can imagine Donald Trump thinking legalization necessitated much more aggressive screening of incoming motorists, and not caring too much about the trade implications. Whether that makes any sense is another question.

April 15, 2017

Federal marijuana bill “is about as good a framework as we had any right to expect”

Filed under: Cancon, Health, Law, Liberty — Tags: , , , — Nicholas @ 04:00

Chris Selley looks at the Trudeau government’s marijuana legalization framework, as revealed on Thursday:

The fact is, though, this is about as good a framework as we had any right to expect from the Canadian government. The feds will insist upon a safe and controlled supply chain, with licenses and inspections; you may keep four plants at home — an indulgence I would have bet against; promotional materials will be severely restricted in much the same way as for tobacco; the minimum age will be 18; and the maximum limit on the amount of dried flower you can carry around in public will be 30 grams — same as it is in Washington state and Colorado.

Retail and all the questions that go with it are the provinces’ problem, just as they should be. (In theory, a buzz-kill province could set the legal age at 105 and the public possession limit at zero, though the government says mail order would be available in provinces that don’t have a retail sector.)

The feds will balance out all this wanton permissiveness with tough talk of putting “organized crime” out of business and protecting our children from weed. (The maximum sentence for giving marijuana to a minor is 14 years in prison!)

And now we see whether it actually happens — by summer 2018, or at all.

The news Thursday was full of worries and concerns and potential reasons why it might not. They range from legitimate-but-surmountable to downright silly.

Yes, the science of THC impairment behind the wheel is inexact. So I guess pot-consuming car-drivers had better take that under advisement. THC-impaired driving is already illegal, after all.

There is the bewilderingly persistent supposed issue of Canada’s obligation to prohibit drugs under UN conventions on narcotic and psychotropic substances. This week, the University of Ottawa’s Global Strategy Lab released a 27-page paper explaining “how Canada can remain party to the conventions without either withdrawing … or amending them.” It’s all very interesting, but why not just withdraw from the damn things?

[…]

Frankly, I’m amazed the Liberals have come even this far at a time when they’re walking on eggshells around the Trump administration. To the extent it has articulated a pot policy, it has been the opposite of the relatively laissez-faire approach the Obama administration took toward states that decided to legalize. Attorney-General Jeff Sessions talks about marijuana the way General Ripper in Dr. Strangelove talks about communists.

That will make legalization all the more impressive an achievement if the Liberals pull it off — and all the more damaging a self-inflicted wound if they don’t.

April 6, 2017

On legalization the feds are headed the wrong way

Filed under: Business, Cancon, Law, Liberty — Tags: , , — Nicholas @ 03:00

Libertarian Party of Canada leader Tim Moen looks at the public safety aspects of Justin Trudeau’s marijuana legalization plans:

If we are concerned about public safety we need to make it more attractive for people to grow, distribute and consume cannabis legally than illegally so that there is engagement with public safety mechanisms. Right now it is far more attractive for people to grow and consume illegally. Cannabis is easy to produce, you just need seeds and dirt, and there is a high demand for it. A regime that restricts legal supply through onerous licensing and prohibitions will drive up illegal supply to meet the demand.

We were seeing a trend towards improved public safety. Storefronts offered customers a safe place to buy cannabis from businesses that had a vested interest in developing a reputation for quality and safety. Small- to medium-sized growers have been operating in the sunlight where public safety officials like me could inspect and educate. Cannabis was emerging from the shadows and the problems associated with illicit activity were fading away.

All the Trudeau government had to do was notice what was going on and end the rules that made it difficult for public safety to emerge. Instead, over the past month we have seen a hard crackdown on storefront cannabis dispensaries. Coordinated raids have occurred across the country and some business owners are facing financial ruination and life in prison at the same time the Trudeau government has announced legalization by the summer of 2018. The message to the cannabis industry is loud and clear, “Fall in line with the regime, or else.”

The federal government is poised to adopt the report of The Task Force on Marijuana Legalization and Regulation as the way forward and this is cause for serious concern from a public safety perspective. The Task Force recommends a requirement for a federal license to grow cannabis commercially. If you’re one of the hundreds of small- to medium-sized dispensaries currently operating in the sunlight your days are numbered. If you are a customer of one of these dispensaries you will be faced with a choice of big government-approved corporation or local black market dealer.

It’s not clear why customers would choose the low quality, limited access, unreliable cannabis that a few big government-approved corporations would provide over locally grown craft cannabis. Imagine if growing tomatoes required a federal license and there was a coordinated effort to raid local growers and sellers who did not have a federal license. Would people stop putting tomato seeds in dirt? Would people drive past an unlicensed farmer selling big, fresh, juicy tomatoes from a roadside stand on their way to a licensed grocery store which may have some small, pale, nearly-spoiled tomatoes in stock? It is naive to imagine people are going to follow stupid rules that they can easily avoid following, yet this naivety has permeated cannabis prohibitionism and continues to permeate the thinking of cannabis legislators.

March 31, 2017

The likely impact of legalized marijuana on healthcare costs

Filed under: Cancon, Health, Law, Liberty, USA — Tags: , , , , , — Nicholas @ 03:00

Colby Cosh, a self-confessed hardcore druggie (okay, he admits “I’m not a big pot smoker, although it is a point of honour with me to admit in print that I have done it plenty of times”), on some interesting aspects of next year’s “Cannabis Day” legalization target:

What leapt out at me in [recently elected MP and former cop Glen] Motz’s stream of consciousness was a claim that “health-care costs are starting to rise” in the recreational-marijuana states. What could this mean? The U.S. doesn’t have single-payer universal public healthcare, and its programs for the poor, the aged, and veterans are all administered federally. But if Motz wants to bring up health-care costs, we can certainly go there.

    They found that when individual states legalized medical marijuana (as 28 now have), doctors in those states began to fill fewer prescriptions addressing medical conditions for which there is some evidence that marijuana might help — anxiety, nausea, seizures, and the like

One of the most remarkable economic findings of any kind on piecemeal marijuana acceptance in the U.S. appeared in the journal Health Affairs last July. It became famous almost immediately as the “Medicare Part D study”: two policy specialists at the University of Georgia in Athens looked at data on 87 million pharmaceutical prescriptions paid for by the federal government from 2010 to 2013. They found that when individual states legalized medical marijuana (as 28 now have), doctors in those states began to fill fewer prescriptions addressing medical conditions for which there is some evidence that marijuana might help — anxiety, nausea, seizures, and the like.

By “fewer” I mean “a lot fewer.” The study estimated, for example, that medical marijuana reduced prescriptions for pain medication by about 1,800 per physician per year. That estimate could be off by an order of magnitude and still be pretty impressive. It is only one study, but when the researchers double-checked their results by looking at conditions that nobody thinks marijuana is indicated for, they found no declines in prescribing.

Marijuana is still an outlawed Schedule I drug under U.S. federal law, doctors even in medical-marijuana states “recommend” the stuff rather than formally prescribing it, and patients have to pay for it. Moreover, pot may be relatively unpopular with the (mostly pension-age) Medicare-eligible population. The Medicare Part D study shows, if nothing else, that American medicine is already making heavy professional use of marijuana. The authors think it might have saved Medicare half a billion dollars over the four-year study period. Perhaps there are concomitant harms that this study does not account for. It is hard for me to imagine what they might be, but I am not a politician.

March 29, 2017

The long political road to a legalized marijuana market

Filed under: Business, Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 03:00

Chris Selley discusses the federal government’s much-hinted-at full legalization plan which is expected to be implemented in time for Canada Day next year, and what it means for the existing quasi-legal market:

In any event, the legislation will have the benefit of forcing the provinces finally to come to grips with their policy preferences.

[…]

The others will soon have to follow suit. And they should be considering what to do if legalization doesn’t happen, as well. Tabling the legislation and any associated boosterism is only going to energize the open black market that has flourished in Canadian cities’ storefronts under the polite fiction of “dispensaries,” making a hollow mockery of the law.

The cries of injustice when police bust these businesses have been silly. Policing marijuana isn’t a great use of resources at any time, if you ask me, but a Liberal campaign promise isn’t worth the paper it’s printed on; it’s certainly not a legal defence. If you’re a “budtender” working for minimum wage in a “dispensary,” now would be a good time to realize that, under the law, you’re a minimum wage drug dealer.

In Toronto, it has been instructive, if not surprising, to see that the dispensary model works. People value the expertise, the variety of retail environments, the fact it’s not some dodgy dude on a bike who wants to hang out for an hour. The only things wrong with the model are byproducts of prohibition: lots of cash on hand makes them a target for robberies, for example, which often go unreported.

Across the country, people are happily buying marijuana the way people in jurisdictions all over the world (though certainly not in Ontario) buy their other intoxicants of choice.

That’s a lesson for Canadian jurisdictions to learn if the Liberals legalize marijuana: the private sector can handle it. And it’s a lesson if it stays illegal, too. The law is the law, but if Ottawa’s going to encourage people to break it, the ensuing mess doesn’t have to be the provinces’ problem.

Instead of enforcing it very sporadically, they could just not enforce it at all. Better yet, under such a policy, they could try to remedy some of the problems that prohibition creates in the storefront market.

March 25, 2017

Trump Can’t Stop Marijuana Legalization (But He Can Slow it Down)

Filed under: Government, Health, Law, Liberty — Tags: , , — Nicholas @ 03:00

Published on 23 Mar 2017

“The Trump administration can slow down marijuana legalization, but they can’t stop it.” says Reason Senior Editor Jacob Sullum.

Trump already endorsed medical marijuana on the campaign trail, and said that states should be free to legalize it, but his appointment of old school drug warrior Jeff Sessions as U.S. Attorney General is cause for concern.

“First of all the, federal government doesn’t have the power to force states to make marijuana legal again.” They could sue to knock down state regulations, but that would simply leave behind a legal but unregulated market. The feds don’t have the manpower to crack down on the local level, and there’s very little upside for the administration to roll back legalization. “They can create a lot of chaos, but ultimately they’re not going to reverse legalization and bring back prohibition”

Produced by Austin and Meredith Bragg

March 23, 2017

Words & Numbers: We’re Becoming a Nation of Pets

Filed under: Economics, Liberty — Tags: , , , , — Nicholas @ 05:00

Published on 22 Mar 2017

This week, Antony & James take on the idea of “victimless crimes” and discuss the odd and growing trend of governments regulating some private activities such as pornography, while others like smoking marijuana are increasingly allowed. People imposing their values on others seems to boil down to an inability to appreciate that others have different preferences, but it all results in Americans losing freedom and instead becoming a nation of pets.

Learn more here:
https://fee.org/articles/were-becoming-a-nation-of-pets/
http://www.antolin-davies.com/research/trib0217.pdf
http://www.antolin-davies.com/research/philly0317.pdf

February 24, 2017

Well it is the twenty-first century after all…

Filed under: Business, Personal — Tags: , , — Nicholas @ 03:00

Hey guys! I just bought marijuana for the very first time!

A thousand shares of a legal marijuana grower called Aphria, Inc. I am so conflicted — I don’t know whether I should feel counter-cultural or conformist…

I sold my last remaining Blackberry shares to cover most of the cost of the purchase, which (given Blackberry’s shrinking technological niche) was a bit of a relief.

Legal notice: Nothing in the above post should be considered in any way to be professional financial investment advice.

January 16, 2017

QotD: The process of de facto legalization of marijuana in Vancouver

Filed under: Cancon, Economics, Law, Quotations — Tags: , , , , — Nicholas @ 01:00

Despite the fact that I don’t smoke pot — because if I do I will be asleep in approximately three minutes — I have long advocated complete legalization. Largely for libertarian reasons but also because the criminal law is essentially unenforceable. But the medical marijuana regulatory scheme interests me as a grand example of government getting something entirely wrong.

The original medical marijuana regulations allowed people to buy from a single supplier or grow their own or designate a grower. While the system was far from perfect, and found to be unconstitutional, it had the advantage of regulating with a very light hand. But, oh Heavens, there was “leakage”. Medical pot was not always only used by medical users. Yikes.

So Health Canada came up with a regulatory scheme which was going to licence grower/distributors and put the users and their growers out of business. Enter Big Green and a bunch of promoters who sold shares in publicly listed companies based on the new regulations. The promoters made a lot of money using a simple story: there were 45,000 medical pot users in Canada (projected to grow to 450,000 users in a decade) who each used about 3 grams a day and who would have no choice but to pay between $8 and $15 a gram for their “medicine”. You do the math.

To my not very great surprise, people used to paying $0 to $5.00 a gram did not rush to sign up. And, very quickly, at least in Vancouver, pot shops – for registered users only of course – began to spring up. Becoming a registered user was not tough. As the 5th Estate guy discovered, telling a naturopath a charming story about stress and sleep disturbance over Skype gets you your registration. At which point you are free to buy. (I note the 5th Estate did not ask the pot shop owners where they were getting their pot – which is a rather good question because it is certainly not from the licenced growers as they are not allowed to sell except by mail order.)

As anyone who has lived in Vancouver knows, the Vancouver Police Department has better things to do than bust dispensaries. Plus, given the injunction halting enforcement of the Health Canada regs, it is not obvious what they would bust the dispensaries for that would have a chance of getting past the Crown. But even if they did bust the dispensary and even if the Crown brought charges, it is pretty difficult to see how a judge could find a person guilty who was selling to a registered user.

The problem is that the boffins at Health Canada have not quite figured out that their regulations are assuming a world which does not exist. First, they assume that people want to smoke “legal pot”. That might be true if police forces were in the habit of kicking down doors to arrest people smoking pot at home but, I fear, that hasn’t happened in years. (It may occasionally occur as a means of harassment but the probable cause issue is usually sufficient to kick the charges.)

Jay Currie, “Gone to Pot”, Jay Currie, 2015-06-15.

December 30, 2016

QotD: Marijuana prohibition

Filed under: Law, Liberty, Quotations — Tags: , , — Nicholas @ 01:00

Now here’s somebody who wants to smoke a marijuana cigarette. If he’s caught, he goes to jail. Now is that moral? Is that proper? I think it’s absolutely disgraceful that our government, supposed to be our government, should be in the position of converting people who are not harming others into criminals, of destroying their lives, putting them in jail. That’s the issue to me. The economic issue comes in only for explaining why it has those effects. But the economic reasons are not the reasons.

Milton Friedman

December 3, 2016

Trudeau government to approach legalizing marijuana as an explicitly crony capitalist exercise

Jay Currie was woken up at an ungodly early hour to talk on a radio show about the leaked portions of the Canada Marijuana Task Force Report. It’s apparently not good news for consumers but really great news for the existing favoured “legal” producers:

The leak itself is interesting and more than a little outrageous. The Report clearly favours Health Canada Licenced Medical Marijuana growers and many of those corporate grow shows are publically traded companies. Allowing the report to come out in dribs and drabs (because “translation”) could cause deep uncertainty in the public markets. The government should release the report, in toto, immediately.

Substantively, the Report apparently recommends that legalization efforts be directed at “getting rid of the $7-billion-a year black market. Sources familiar with the report, which is expected to be made public Dec. 21, say all the other recommendations flow from that guiding principle.”

It is not clear whether that “black market” includes the grey market of dispensaries and pot shops which has grown up in Canada and which continues to expand.

Using “legalization” as a weapon against the “black market” is pretty much the level of restrictive thinking I expected from the Task Force. Rather than seeing legalization as an opportunity to regularize the marijuana market, the language suggests a resumption of the war on drugs by other means.

The Task Force is apparently suggesting that the 40 Health Canada approved licencees remain the only legal source of marijuana and proposes that recreational pot, like medicinal pot, continue to be delivered by Canada Post. A nostalgic bow to the mail and a suggestion pretty certain to keep dispensaries and “Bob on the corner” in business for the foreseeable future. Here is a free clue for the Liberal government: recreational pot users are impulse buyers. As I say in my book, “The most common triggers for the decision is that, by their lights, a customer is running low on pot, has run out of pot or has been out of pot for some time but only now has the money to buy more pot.” In short, not likely to wait a week for Canada Post to deliver.

September 6, 2016

Could this be a winning strategy for Il Donalduce?

Filed under: Law, Politics, USA — Tags: , , , , — Nicholas @ 02:00

Jay Currie suggests a three-part plan that might bring about a Trump victory in November:

First, announce that a Trump administration will decriminalize marijuana.

Second, announce that every single person serving time for marijuana related offences is going to be pardoned on condition that they spend a three month intensive period in a pre-employment boot camp. And announce that, from the day Trump takes office, any criminal record for marijuana offences will be expunged as of right and right now.

Third, commit serious federal resources to creating paths to employment for the people who have either been in jail or who have had criminal records as a result of pot convictions.

You can picture Trump saying, “Let’s bring our kids, and their fathers, home.”

The last twenty years have been about incarcerating black people and Latinos for all sorts of crimes. Some of that is justified, but a lot of it has been felony marijuana arrests which should have been traffic tickets but got bumped because of priors, plea bargains and three strikes laws. It’s time for that to stop.

People’s children, husbands and wives have been sent to prison for a reason that an increasing number of states think is wrong. Washington, Colorado, Oregon and Alaska have legalized recreational pot and the federal government has gone along. Medical marijuana is legal in many other states. More states have either medical marijuana or recreational marijuana on the ballot in November.

The Donald does not have to say pot is a good thing. In fact, if he is smart he will say it is a bad thing and that he does not want any sensible American to use it; but it should not be a criminal thing because, if it is, there will be a disproportionate impact on black, Latino and poor white communities. That is just a fact.

August 31, 2016

QotD: A scientific explanation of “the munchies”

Filed under: Health, Quotations, Science — Tags: , — Nicholas @ 01:00

Besides making a bongo drum sound inexplicably magical and enhancing a person’s ability to talk nonsense for extended periods of time, generations of cannabis smokers will recognise the “munchies” as one of the drug’s most reliable side-effects.

Now scientists have shown that the insatiable urge to eat after smoking is caused by cannabinoids hijacking brain cells that normally suppress appetite. The study suggests that cannabis causes the brain to produce a different set of chemicals that transform the feeling of fullness into a hunger that is never quite satisfied.

Scientists believe the findings, which illuminate a previously unknown aspect of the brain’s feeding circuitry, could help design new drugs that would boost or suppress appetite at will.

Tamas Horvath, who led the work at Yale University, said: “By observing how the appetite centre of the brain responds to marijuana, we were able to see what drives the hunger brought about by cannabis and how that same mechanism that normally turns off feeding becomes a driver of eating. It’s like pressing a car’s brakes and accelerating instead.”

Hannah Devlin, “Reefer research: cannabis ‘munchies’ explained by new study”, The Guardian, 2015-02-18.

October 30, 2015

This year’s unrealistic Halloween worry: MDMA in the trick-or-treat bags

Filed under: Media, USA — Tags: , , , — Nicholas @ 03:00

At Reason, Jacob Sullum debunks the latest variant of the old “OMG! There might be marijuana in the kids’ trick-or-treat bags! OMG!”:

With Halloween just around the corner, it’s time for scary news reports that begin, “With Halloween just around the corner…” This genre of yellow journalism often features warnings about tainted trick-or-treat candy, a mythical menace that in recent years has gained credibility thanks to the popularity of marijuana edibles in states where such products are legal.

Last year police in Denver, where state-licensed marijuana merchants had recently begun serving recreational consumers, told parents to be on the lookout for THC-tainted treats in their children’s candy bags. As usual, no actual cases of such surreptitious dosing were identified.

But fear of strangers with candy springs eternal. The fact that this threat so far has proven imaginary is not deterring reporters and law enforcement officials around the country from warning parents that harmless-looking treats might contain a mind-altering substance other than sugar—if not marijuana, then MDMA.

[…]

Almost all of these stories make a leap from the observation that cannabis candy exists to the completely unsubstantiated fear that someone might slip it into your kid’s trick-or-treat bag. That scenario is highly implausible, since it is hard to see what the payoff would be for replacing cheap Halloween treats with expensive marijuana edibles. Given the delay between eating cannabis candy and feeling its effects, the hypothetical prankster could not even hope to witness the consequences of his trick. Furthermore, it seems that nothing like this has ever happened — or if it did, it somehow escaped the attention of the yellow journalists who keep warning us about the possibility. The story is kept alive by the gullibility of the same parents who anxiously examine their kid’s Halloween candy for needles and shards of glass.

Jackson Metro Police Department

Jackson Metro Police Department

This year saw the birth of a new variation on this theme: Instead of cannabis in your kids’ candy, maybe there’s MDMA. Snopes.com, the online catalog of urban legends, traces the scare to a September 25 post by a Facebook user named Thomas Chizzo Bagwell featuring a photo of colorful Molly tablets. “If your kids get these for halloween,” Bagwell wrote, “it’s not candy.” Last week the Jackson, Mississippi, police department posted the same photo, accompanied by this warning:

    If your kids get these for Halloween candy, they ARE NOT CANDY!!! They are the new shapes of “Ecstasy” and can kill kids through overdoses!!! So, check your kid’s candy and “When in doubt, Throw it out!!!” Be safe and always keep the shiny side up!!!

That burst of fact-free fear, which was later removed from the police department’s Facebook page, transformed idle speculation into “an alert” issued by “police nationwide,” as WILX, the NBC station in Lansing, Michigan, put it. WOIO, the CBS station in Cleveland, claimed “Ecstasy masked to look like candy” is “popping up all over the country, and police want to warn you.” If a child were to eat one of those tablets, according to Westlake, Ohio, Police Capt. Guy Turner, “they would be in the emergency room without a doubt.”

August 22, 2015

Coming soon to Massachusetts (maybe) – pot pubs

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 03:00

In Forbes, Jacob Sullum looks at the finalized ballot initiative to be presented to Massachusetts voters in the next general election:

When the Campaign to Regulate Marijuana Like Alcohol in Massachusetts unveiled the text of its 2016 legalization initiative this month, the group highlighted several features of the measure but omitted the most interesting one. The Regulation and Taxation of Marijuana Act would allow consumption of cannabis products on the premises of businesses that sell them, subject to regulation by the state and approval by local voters.

That’s a big deal, because until now no jurisdiction has satisfactorily addressed the obvious yet somehow touchy question of where people can consume the cannabis they are now allowed to buy. The legalization initiatives approved by voters in Colorado, Washington, Oregon, and Alaska all promised to treat marijuana like alcohol, which implies allowing venues similar to taverns where people can consume cannabis in a social setting. Yet all four states say businesses that sell marijuana may not let customers use it on the premises.

Although a few “bring your own cannabis” (BYOC) clubs have popped up to accommodate people who want to use marijuana outside their homes from time to time, the legality of such establishments is a matter of dispute. The result is that people can openly buy marijuana without fear, but they still have to consume it on the sly, just like in the bad old days. The problem is especially acute for visitors from other states, since pot-friendly hotels are still pretty rare.

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