Medical Marijuana Registries: A Painful Choice?

Though the medical use of marijuana is legal in thirty-three states, it remains illegal under the federal Controlled Substances Act. Any marijuana use can subject individuals to severe criminal and civil penalties under federal law. States that condition patient access and treatment on registration in a state database impose real risks on their citizens. Although many scholars have written about the tension between federal and state treatment of marijuana, this is the first article to examine marijuana patient registry privacy and fundamental rights issues. This article first reviews the relationship between marijuana use and patient treatment, with a focus on health-care and privacy rights under state and federal law. The article then explains how marijuana registries compare to broader patient registries, such as contagious disease and other medical condition patient registries, and the unique issues presented by marijuana patient registries. It then discusses the elevated risk to constitutional, privacy, and fundamental rights that may result if states do not carefully construct marijuana registries. The article concludes by proposing principles for how both states and dispensaries should approach marijuana registries in order to provide health benefits and avoid harm to patients.     

MARIJUANA DECRIMINALIZATION RESEARCH

It can be argued that any objective reexamination of the marijuana laws and reformulation of public policy should necessarily be undertaken within some type of cost/ benefit perspective. As such, a paradigm might be structured which could examine the costs and benefits of the criminalization of marijuana vs. the benefits and costs of its decriminalization. On the one hand, there are the psychosocial costs of marijuana use which include any effects which might flow from the use of the drug. What the benefits of marijuana use might be, beyond the euphoric states and feelings of well being it offers, are yet to be fully determined. Yet by contrast. there are the human, social, and economic costs which flow from the criminalization of marijuana use. It is argued in this commentary that this paradigm can be used as a guide for decriminalization research. A variety of data sets and historical issues are briefly examined which fall within the parameters of this paradigm, and a series of research protocols which flow from the paradigm are addressed.     

THE RACE/ETHNICITY DISPARITY IN MISDEMEANOR MARIJUANA ARRESTS IN NEW YORK CITY

RESEARCH SUMMARY: This article examines the growth in marijuana misdemeanor arrests in New York City (NYC) from 1980 to 2003 and its differential impact on blacks and Hispanics. Since 1980, the New York City Police Department (NYPD) expanded its use of arrest and detention for minor offenses under its quality-of-life (QOL) policing initiative. Arrest data indicate that during the 1990s the primary focus of QOL policing became smoking marijuana in public view (MPV). By 2000, MPV had become the most common misdemeanor arrest, accounting for 15% of all NYC adult arrests and rivaling controlled substance arrests as the primary focus of drug abuse control. Of note, most MPV arrestees have been black or Hispanic. Furthermore, black and Hispanic MPV arrestees have been more likely to be detained prior to arraignment, convicted, and sentenced to jail than their white counterparts. POLICY IMPLICATIONS: In light of the disparities, we recommend that the NYPD consider scaling back on MPV enforcement and reducing the harshness of treatment by routinely issuing Desk Appearance Tickets when the person is not wanted on other charges, so that most MPV arrestees would not be detained. Furthermore, we recommend that legislators should consider making smoking marijuana in public a violation and not a misdemeanor. Lastly, we suggest ways that NYC could monitor the effectiveness of these policy modifications to assure that the city continues to meet its goals for order maintenance.     

Marijuana Misuse in African States

This article focuses on marijuana misuse or abuse in African states. It specifically addresses the questions concerning the origins and meanings of marijuana, the history of marijuana as a drug of misuse, legal classification, model of consumption, user inducement and motivation, relationship between marijuana use and criminality, legal status and laws governing the control of marijuana; and it surveys African national programs aimed at reducing the demand for, use, cultivation and possession of Indian Hemp. The emphasis of paper is on the extent of group support for marijuana use and the legal processing of the offender.     

“Good moral characters”: how drug felons are impacted under state marijuana legalization laws

This article examines how drug felons will be impacted by marijuana legalization in the United States. What will happen to drug felons whose charges would be legal under current law? Can drug felons work in the newly developing legal marijuana industries? In this article we will overview the statistics on arrests and convictions with their high rates of racial disparities. The war on drugs has inspired the development of more repressive criminal justice tactics such as asset forfeiture, high rates of re-incarceration during parole for marijuana violations, drug courts and their further reach into lifestyles, and the difficulties of prisoner reentry, especially for drug felons, who are barred from many jobs and social services. We will look at the regulations of felony offenders working in the cannabis industry. And we will consider the outcomes of retroactive ameliorative relief for this case of marijuana possession felonies under legalization.     

Cannabis Regulatory Confusion and Its Impact on Consumer Adoption

The regulation of cannabis in the United States is inconsistent and contradictory, to put it mildly. While marijuana remains classified as a Schedule I substance under the federal Controlled Substance Act—in the same category as heroin and morphine, with accompanying criminal penalties up to and including life imprisonment for its production, distribution, and possession—as of the end of 2020, eleven states and the District of Columbia had legalized recreational marijuana use and thirty-six states and the District of Columbia had decriminalized the use of marijuana for medical purposes. Despite the trend toward legalization, however, marijuana is a stigmatized product. Stigmatized products are those toward which a significant portion of consumers hold negative attitudes and beliefs, whereas the concept of legitimacy is defined as a generalized perception or assumption that the actions of an entity are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions. This article addresses how current legislation and regulations influence consumer perceptions of a product category, and how conflicting regulations (or the lack of regulations) influence the adoption of a stigmatized product such as cannabis (i.e., marijuana and cannabidiol products)     

Entrepreneurship and Legal Uncertainty: Unexpected Federal Trademark Registrations for Marijuana Derivatives

Though several states have legalized marijuana use, the drug remains illegal under federal law. Not surprisingly, the United States Patent and Trademark Office (USPTO) refuses to register trademarks related to marijuana because of the federal prohibition. What is surprising, though, is the willingness to grant trademarks for cannabidiol (CBD), a marijuana derivative that is likewise expressly illegal under federal drug laws. This article explains why the USPTO's divergent treatment of trademark applications for CBD and marijuana products is legally incoherent. Additionally, when viewed from an entrepreneurial perspective, this phenomenon exemplifies how legal uncertainty breeds entrepreneurial opportunity. Specifically, the article argues that the evolving regulatory landscape for CBD and marijuana products has been and continues to be ripe for legal strategists and innovative entrepreneurs to combine forces to create competitive advantage in the emerging marijuana industry.     

Evidence for Connections Between Prosecutor-Reported Marijuana Case Dispositions and Community Youth Marijuana-Related Attitudes and Behaviors

This article examines relationships between local drug policy (as represented by prosecutor-reported case outcomes for first-offender juvenile marijuana possession cases) and youth self-reported marijuana use, perceived risk, and disapproval. Interviews with prosecutors and surveys of 8th-, 10th-, and 12th-grade students in the United States were conducted in 2000. Analyses include data from 97 prosecutors and students from 127 schools in 40 states. Results indicate significant relationships between local drug policy and youth marijuana use and attitudes. In general, more-severe dispositions are associated with less marijuana use, higher disapproval rates, and increased perceptions of great risk. Associations primarily appear to be specific to marijuana-related outcomes. Results are discussed within the framework of both deterrence and broader social norms regarding substance use.     

NEIGHBORHOOD DISORDER,INDIVIDUAL RELIGIOSITY,AND ADOLESCENT USE OF ILLICIT DRUGS: A TEST OF MULTILEVEL HYPOTHESES*

We hypothesize about the relationships among perceived neighborhood disorder, individual religiosity, and adolescent use of illicit drugs, marijuana and hard drugs; and the age‐varying effects of religiosity on illicit drug use. Applying hierarchical linear models to analyze the National Youth Survey data, we first find that neighborhood disorder and religiosity have hypothesized effects on illicit drug use independent of social bonding and social learning variables that partly mediate the effects. Second, religiosity buffers the effects of neighborhood disorder on illicit drug use. Third, the effects of religiosity on illicit drug use become stronger throughout adolescence. The implications of the findings are discussed.     

Using the Arrestee Drug Abuse Monitoring (ADAM) program to further understand the relationship between drug use and gang membership

In this paper, we examine the relationship between drug use and gang membership using data from the Arizona Arrestee Drug Abuse Monitoring (ADAM) program, which collects both self‐report and hard measures (i.e., urinalysis) of drug use. Our analyses revealed that self‐reported recent drug use (i.e., drug use in the past three days) and urinalysis outcomes were similarly associated with the gang‐membership variables. These findings suggest that self‐reported data obtained from gang members is a particularly robust method for gathering information on their recent behavior. Additionally, our results were supportive of the social facilitation model, showing that current gang members were significantly more likely to use marijuana and cocaine compared with former gang members. The implications for policy and future research are discussed.     

Does the American experience with alcohol prohibition generalize to marijuana?

It is common to compare contemporary legal prohibitions against drugs with the prohibition against alcohol in the 1930s. Making this analogy presumes similarities between the two prohibitions which have policy implicatioas for the current legal response to drugs. This study focuses on one drug, marijuana. Moonshiners of the 1930s are compared with contemporary domestic marijuana cultivators, the effects of alcohol prohibition are compared with the effects of prohibiting marijuana, and issues relevant to current marijuana policies are examined.     

The links between religiosity, childhood sexual abuse, and subsequent marijuana use: an empirical inquiry of a sample of female college students

A number of studies indicate that childhood sexual abuse (CSA) has a negative impact on later psychological well-being. It is well documented that experiences of CSA are associated with depression, self-destructiveness, and subsequent substance abuse or alcohol consumption. Compared with women who experienced no such sexual abuse in childhood, women who were victims of sexual abuse in childhood were more likely to be depressed and use drugs or consume alcohol in later life. Analyzing data of 1,569 females derived from the "Longitudinal Study of Violence Against Women," this study examines whether the strain caused by sexual victimization leads to a higher level of subsequent marijuana use and whether religiosity moderates the negative effects of CSA. It was found that CSA was associated with an increased level of marijuana use in high school. However, more proximate sexual victimization (victimization in college) seemed to override the impact of CSA on subsequent marijuana use. Religiosity was found to moderate the effect of CSA on marijuana use in high school. Religiosity was negatively associated with marijuana use in high school as well as the second and fourth collegiate years. Policy implications and promising directions for future research are discussed.     

Up in Smoke: International Treaty Obligations and Marijuana Reform in the United States

As the number of U.S. states that seek to loosen restrictions on marijuana rapidly increases, a heated debate over state and federal regulation has ignited. But an important component of that debate has been largely absent—are these state efforts placing the United States in violation of its international treaty obligations? This article attempts to answer this question by tracing the history of marijuana regulation both in the United States and abroad and outlining the foundations for domestic legislation. It argues that the experiments happening among a number of states and countries to liberalize marijuana laws are bearing fruit and should be tied to a broader reform agenda of the same international narcotics treaties that the United States sought decades ago.     

Substance abuse treatment for juvenile offenders: A review of quasi-experimental and experimental research

Purpose

The purpose of this systematic literature review is to assess the effectiveness of substance abuse treatment on alcohol and marijuana use for juvenile offenders based on existing quasi-experimental and experimental research. Additionally, a secondary aim is to compare the effects of individual-based interventions to family-based interventions.

Methods

A systematic search of literature and electronic databases through 2010 generated five experimental or quasi-experimental studies that assessed alcohol outcomes for juvenile offenders and five experimental or quasi-experimental studies that assessed marijuana outcomes for juvenile offenders.

Results

Overall, substance abuse treatment appears to have a small to moderate effect on alcohol and marijuana reduction for juvenile offenders. Interventions that showed the most promise were Multisystemic Therapy, Multidimensional Treatment Foster Care, Teaching Family, and Life Skills Training. Individual-based interventions and family-based interventions had similar small to moderate effects on alcohol and marijuana use.

Conclusion

This review highlights several promising interventions for this high-risk population; however, further rigorous study is desperately needed to provide a better understanding of what works best in reducing substance use among juvenile offenders.     

A Capture–Recapture Model to Estimate the Size of Criminal Populations and the Risks of Detection in a Marijuana Cultivation Industry

Originally developed in biology, capture-recapture methodologies have increasingly been integrated into the study of human populations to provide estimates of the size of “hidden populations.” This paper explores the validity of one capture-recapture model—Zelterman’s (1988) truncated Poisson estimator—used to estimate the size of the marijuana cultivation industry in Quebec, Canada. The capture–recapture analysis draws on arrest data to estimate the number of marijuana growers “at risk of being arrested” for a period of five years (1998–2002). Estimates are provided for growers involved in two different techniques: (1) soil-based growing, and (2) hydroponics. In addition, the study develops an original method to estimate the prevalence of cultivation sites “at risk of detection.” A first set of findings shows that the cultivation industry is substantial; the estimated prevalence of growers compares to estimates of marijuana dealers in the province. Capture–recapture estimates are also used to compare the risks of being arrested for different types of offenders. Results indicate that hydroponic growers—those involved in large scale and sophisticated sites—face lower enforcement-related risks than growers involved in smaller enterprises. The significance of these findings is discussed in the context of the widespread development, both in Europe and in North America, of a successful domestic production-driven, rather than importation-driven, marijuana trade.

Carbon and nitrogen stable isotopes as indicative of geographical origin of marijuana samples seized in the city of São Paulo (Brazil)

The drug trafficking is one of the most serious problems related to the Public Safety in Brazil, especially in the most populous areas of the country, as is the case of the city of São Paulo. In this work, it was developed a methodology that can help tracking the traffic routes of marijuana samples seized in the city of São Paulo, based on stable carbon and nitrogen isotopes, which are related to the climate and plant growth conditions. A model to classify the origin of unknown samples was built using linear discriminant analysis based on about 150 samples apprehended in the main producing regions of the country. Results for 76 samples seized in the city of São Paulo showed that most of them were cultivated in a humid region with the same origin as those from Mato Grosso do Sul. The provenance of 13 outliers samples from Northeast region (an important producing region) also were evaluated and some of them presented same profile of those from Mato Grosso do Sul, pointing to the existence of the traffic routes between the Northeast and Midwest region, probably as a consequence of the intensive field raids by Brazilian Federal Government since 1999.     

Validation of the 4‐aminophenol color test for the differentiation of marijuana‐type and hemp‐type cannabis

The analysis of cannabis plant material submitted to seized‐drug laboratories was significantly affected by the signing of the Agricultural Improvement Act of 2018, which defined hemp and removed it from the definition of marijuana in the Controlled Substances Act. As a result, field law enforcement personnel and forensic laboratories now are in need of implementing new protocols that can distinguish between marijuana‐type and hemp‐type cannabis. Colorimetric tests provide a cost‐effective and efficient manner to presumptively identify materials prior to submission to a laboratory for analysis. This work presents the validation of the 4‐aminophenol (4‐AP) color test and demonstrates its utility for discriminating between marijuana‐type and hemp‐type cannabis (i.e., typification). Validation studies included the testing of numerous cannabinoid reference materials, household herbs, previously characterized cannabis plant samples, and real‐case samples. The 4‐AP test reliably produces a pink result when the level of Δ⁹‐tetrahydrocannabinol (THC) is approximately three times lower than the level of cannabidiol (CBD). A blue result is generated when the level of THC is approximately three times higher than that of CBD. Inconclusive results are observed when the levels of THC and CBD are within a factor of three from each other, demonstrating the limitations of the test under those scenarios.     

Trippin' on Sally D: Exploring predictors of Salvia divinorum experimentation

Salvia divinorum is a new recreational drug where few studies have been conducted on its prevalence and predictors of use. Using a sample of undergraduate students, this study investigated these issues. While a small number reported experimenting with salvia, logistic regression models showed that demographics, marijuana use, and self-control are statistically significant predictors. The effect of gender on use was explained by low self-control; but the effect of marijuana use remained. Results also showed that White males who frequently smoke marijuana and have extremely low self-control are most likely to use salvia. Limitations and future research are discussed.     

Good cop, bad cop: federal prosecution of state-legalized medical marijuana use after United States v. Lopez

The Supreme Court's recent decisions in United States v. Lopez and United States v. Morrison articulate a vision of federalism under which Congress's regulatory authority under the Commerce Clause is severely limited in favor of returning traditional areas of state concern, particularly criminal law enforcement, to local or state control. The Court's decisions in these cases coincide with ballot initiatives legalizing the medical use of marijuana garnering a majority of the vote in California, Arizona, Alaska, Colorado, Nevada, Oregon, Washington, Maine, and Washington D.C. Those who use marijuana for medical purposes under sanction of state law, however, still face the threat of federal prosecution under the Controlled Substances Act. Medical marijuana proponents have traditionally, and unsuccessfully, contested federal prosecution using individual rights arguments under theories of equal protection or substantive due process. This Comment argues that after Lopez and Morrison, the federal government's authority to regulate intrastate use of marijuana for medicinal purposes is not the foregone conclusion it once was. The author suggests that proponents of medical marijuana use should invoke the federalism arguments of Lopez and Morrison and argue for state legislative independence from the federal government on this issue.     

Extending the Practice of Physician‐Assisted Suicide to Competent Minors

In an effort to address the mental and physical suffering terminally ill patients endure, some states have either legalized or decriminalized physician‐assisted suicide—a practice commonly referred to as death with dignity. However, as the practice of physician‐assisted suicide becomes accepted among states, competent minors continue to be excluded from legislative and judicial decisions. Regardless of parental consent, states institute an age requirement of eighteen years old for participants of physician‐assisted suicide. This Note proposes that states amend their physician‐assisted suicide statutes to (1) remove any age restriction, (2) create a standard of competency that minors must meet to be eligible for physician‐assisted suicide, and (3) implement a procedure to determine whether a minor meets the competency standard.