Legalizing Cannabis: Experiences, Lessons and Scenarios

Description

The book explores how we should evaluate the models of cannabis legalization as they have been implemented in several jurisdictions in the past few years; the specific models for future cannabis legalization that have been developed and how similar or different they are they from the models already implemented; as well as the lessons that can be drawn from attempts to regulate other psychoactive substances, such as alcohol, tobacco, pharmaceuticals and "legal highs", and other "vice" activities such as gambling and prostitution. Cover Endorsement Half Title Series Page Title Page Copyright Page Table of Contents List of Figures List of Tables Contributors Foreword Acknowledgments List of Abbreviations Introduction A new era in cannabis policy Legalization reforms are stimulating policy debates What this book is about How this book is organized References Part I: The new legal cannabis markets Chapter 1: The uneven repeal of cannabis prohibition in the United States Introduction Background Medical cannabis Evolving public opinion and policy impasse State repeal efforts of non-medical cannabis Pioneer states Second wave of voter initiatives Third wave of voter initiatives Legislative efforts Recent and future repeal Comparative analysis of regulations Notes References Chapter 2: Practical lessons learned from the first years of the regulated recreational cannabis market in Colorado Introduction and background Market insights The emerging literature Colorado public health framework Evolution of Retail Marijuana Code (RMC) Tension between commercialism and public health Constitutional constraints on public health best practice Marketing and advertising Budtenders and the retail experience: observations from the field Pesticides Lessons learned Notes References Chapter 3: Recreational marijuana legalization in Washington State: Benefits and harms Introduction The path to marijuana legalization in Washington State Policy heterogeneity and local variation Outcomes Adolescent marijuana use Marijuana-impaired driving Additional outcomes Diversion Criminal justice system costs Tax revenues Conclusion Notes References Chapter 4: A century of cannabis control in Canada: A brief overview of history, context and policy frameworks from prohibition to legalization Introduction Cannabis control in Canada – early history Recent twenty-first century developments Medical cannabis: plant-based therapy or “side-door legalization”? The way to “non-medical” cannabis legalization The Canadian cannabis legalization framework The (heterogeneous) provincial regulation frameworks Discussion and questions What is the practical feasibility and uptake of the proposed legalization framework? What will the public health effects of legalization be? What will happen to cannabis use among young people? How will the cannabis industry evolve and conduct itself? Will the heterogeneity of provincial regulation frameworks matter? How will Canada deal with the international treaties? Conclusion References Chapter 5: Uruguay: The first country to legalize cannabis Uruguay: the first country to legalize recreational marijuana Legalizing to increase public security Three means of acquisition: clubs, pharmacies and home growers Strengths and weaknesses of the implementation Lessons to be learned Notes References Part II: General models of reform Chapter 6: Cannabis decriminalization policies across the globe Introduction The criminalization of cannabis relatedactivities – a relatively recent phenomenon A declaration of “war” and a partial retreat What is meant by decriminalization? The different paths towards decriminalization – a global experience Drivers for legislative reforms leading to decriminalization of possession offenses Constitutional Courts – developing a rights-based approach to drug use and possession De facto decriminalization – non-enforcement of the law The impact of decriminalization policies Effects of cannabis decriminalization on levels of consumption Social outcomes associated with decriminalization Economic benefits of the approach Decriminalization of personal use offenses for cannabis is not a silver bullet Implementation problems – thresholds, net-widening, sanctions and racial disparities Beyond decriminalization – regulating the market Notes References Chapter 7: “More than just counting the plants”: Different home cannabis cultivation policies, cannabis supply contexts and approaches to their evaluation Background Home cultivation and cannabis policy options Outcomes of home cultivation policies – analogies with medicinal marijuana Outcomes of home cultivation policies – studies of cultivation for recreational use Methods Findings Depenalization of home cultivation Decriminalization of home cultivation Legalization of home cultivation Number of cannabis plants Other circumstances of cannabis cultivation Cannabis after harvest Discussion The complexity of home cultivation policies and impact on policy outcomes Evaluation of home cultivation policies – cost of law enforcement Evaluation of home cultivation policies – population-level outcomes Operational-level assessments of home cultivation policies Towards methodology of assessing home cultivation policies Conclusions Acknowledgments References Chapter 8: City-level policies of regulating recreational cannabis in Europe: From pilot projects to “local customization”? Introduction Multi-level governance and local customization Policy shifts regarding recreational cannabis Drug policy and local authorities in Europe Cannabis policy at the local level: the Dutch experience Repression and regulation in Denmark Local authorities take the initiative Switzerland: towards local experiments Germany: the fight for pilot projects Towards “local customization”? Notes References Part III: Lessons from alcohol, tobacco and legal highs Chapter 9: Lessons learned from the alcohol regulation perspective Introduction Similarities and differences between alcohol and cannabis The availability and the single distribution theories of alcohol consumption: do they apply to cannabis? Policy domain 1: what can be learned from alcohol pricing and taxation strategies? Excise and sales taxes: principles to consider Minimum or “floor” prices Policy domain 2: what can be learned from policies that influence the physical availability of alcohol? Policy domain 3: what can be learned from government controls of alcohol markets? Policy domain 4: health messaging on product labels and at point-of-sale Conclusions References Chapter 10: Lessons from tobacco regulation for cannabis product regulation Background Evolution of the “cigarette epidemic” and public health responses Application to legal cannabis markets Demand reduction strategies Anti-smoking mass media campaigns Taxation Controls on advertising and promotions Health warnings Product regulation to reduce the attractiveness and addictiveness of tobacco products Cessation treatment Supply reduction strategies Age restrictions Retailer licenses Illicit trade provisions Harm reduction strategies Smoke-free laws and policies Alternative nicotine products Product regulation Potential lessons from tobacco endgame discussions Abolition A regulated market model Restricting sales to non-profit enterprises with a health mandate Smoker licensing Sinking lid and cap-and-trade schemes Reducing the nicotine in smoked tobacco products to non-addictive levels Conclusions Notes References Chapter 11: How not to legalize cannabis: Lessons from New Zealand’s experiment with regulating “legal highs” Introduction Policy context: New Zealand drug market and the new drugs phenomenon Restricted Substances Regime (RSR): market regulation that didn’t happen Psychoactive Substances Act (PSA): a promise of comprehensive legal control Issues with implementing the PSA during the “interim regime” Identifying and monitoring interim approved products Controlling interim retail sales Public communications and regulatory workload Psychoactive Substances Amendment Act 2014: policy U-turn Implications for other countries: how not to legalize cannabis? Unrealistic time frames and insufficient planning Inadequate financial and personnel resources Not covering the basics: prices and availability Without risk management and a vigilance plan Without stakeholders and public on board With industry influence (versus input) Without prevention and education campaigns Without a “plan B” Concluding remarks Acknowledgments References Part IV: Earlier innovations in cannabis law reform Chapter 12: Coffeeshops in the Netherlands: Regulating the front door and the back door Introduction Cannabis criminalization and decriminalization From underground market to coffeeshops Rethinking the “Dutch model” Regulating the front door – national and local policy Private club and residence criteria for coffeeshops Controlling the back door Local proposals for regulated supply to coffeeshops Manifest Joint Regulation and diverging views on international conventions Preparing a national experiment with regulated cannabis supply Summary and conclusion Notes References Chapter 13: Cannabis social clubs in Spain: Recent legal developments Background Methodology Findings Autonomous communities’ regulations on CSCs Municipal bylaws on CSCs Recent legal developments The impacts of the changes in regulation and the court rulings on CSCs Discussion and conclusions Notes References Chapter 14: Swiss cannabis policies Introduction Cannabis policy reform at the federal level: the failed consensus Year 2008: a turning point for Swiss drug policy? Back to cannabis repression: the rise of the administrative logic Back to experimenting with drug policy: the “pilot-study strategy” The medical cannabinoids program overrun by its success The renewal of the Swiss cannabis sector: the CBD market Towards a new cannabis policy for Switzerland? A need for consensus and coalition building Building a cannabis regulation model for Switzerland Conclusion Notes References Chapter 15: The Australian experience and opportunities for cannabis law reform Introduction Context The first wave of cannabis reform: prohibition with civil penalties schemes The second wave of cannabis reform: police cannabis diversion The third wave of reform: legalization of medical cannabis Other policy trajectories Policy expansions and streamlining of (therapeutic) diversion programs Policy reversals and contractions of the prohibition with civil penalty schemes Shifts in the discourse surrounding cannabis in Australia Lessons learned and future directions for cannabis legalization in Australia Model 1: Free market cannabis legalization Model 2: Legalization of home-grown cannabis Model 3: Government monopoly and public health approach to legalization and regulation Advantages and disadvantages Conclusion Notes References Chapter 16: Cannabis policy reform: Jamaica’s experience Introduction Jamaica – ganja history Jamaica’s motivation for change Jamaica takes on the United Nations to change the cannabis discourse Jamaica’s current dilemma Jamaica’s way forward with cannabis Notes References Part V: New cannabis legalization proposals Chapter 17: The risks of cannabis industry funding of community and drug treatment services: Insights from gambling Introduction The gaming machine gambling trust regulatory regime in New Zealand Alcohol licensing trust regulatory regime in New Zealand General features of the community trust model A community trust regulatory regime for recreational cannabis Risks of cannabis industry funding of community groups Minimizing the risks of cannabis industry funding of the community sector Conclusions Notes References Chapter 18: Insights for the design of Cannabis Social Club regulation Introduction Regulatory pathways for the CSC model Legal frameworks for CSCs in Uruguay and Spain Decorte’s “detailed scenario for a non-profit cannabis market” Discussion A comparative analysis of CSC regulation What can we learn from the implementation of CSC legislation and CSCs’ self-regulatory practices? The difficulty of finding the right balance: regulating while granting sufficient space for self-regulation Conclusion Notes References Conclusion The new legal cannabis markets Re-evaluating decriminalization and depenalization approaches Lessons from local pragmatic responses Lessons from alcohol, tobacco and legal highs New cannabis legalization proposals Overall conclusions Index