Brain
Expert Pharmacologist
- Joined
- Jul 6, 2021
- Messages
- 264
- Reaction score
- 295
- Points
- 63
A couple of years ago, when President Biden announced his intention to revise U.S. marijuana laws and pardon those who had been convicted of minor federal possession of the substance, it seemed that the long-awaited changes sought by proponents of legalization had finally begun to take place.
However, critics were quick to point out a major pitfall in Biden's proposal to reclassify cannabis. It is currently considered a Schedule 1 drug, along with heroin and LSD, and has no medical use.
At the time (before partial legalization), proponents of legalization argued that fully decriminalizing marijuana was the only sure way to create a legal market. If cannabis is simply downgraded to Schedule 2, 3 or 4, it will end up in the same category as substances such as oxycodone or ketamine, undermining hopes of developing recreational sales.
However, critics were quick to point out a major pitfall in Biden's proposal to reclassify cannabis. It is currently considered a Schedule 1 drug, along with heroin and LSD, and has no medical use.
At the time (before partial legalization), proponents of legalization argued that fully decriminalizing marijuana was the only sure way to create a legal market. If cannabis is simply downgraded to Schedule 2, 3 or 4, it will end up in the same category as substances such as oxycodone or ketamine, undermining hopes of developing recreational sales.
The past year has been a tumultuous period of cannabis policy reform in the United States. Conflicting interests have collided in one of the country's fastest growing industries. As early as 2024, legal marijuana sales will exceed $50 billion thanks to new adult-use markets in several states. Yet cannabis still remains federally illegal in some states, and thousands of people continue to serve sentences for drug-related offenses.
Against this backdrop, an unexpected trend is emerging: there is a growing debate among cannabis advocates about whether it is correct to legalize marijuana at all, or whether it is not as easy as it seems. Their concerns center on who will actually benefit from federal regulation of the industry.
If cannabis is relegated only to the Controlled Substances Act and becomes treated as a medicine, it could, according to activists, allow big pharmaceutical companies to control the market. In addition, in the event of federal legalization in all states, it is feared that conglomerates such as Amazon would quickly take the lead in the adult-use market.
Against this backdrop, an unexpected trend is emerging: there is a growing debate among cannabis advocates about whether it is correct to legalize marijuana at all, or whether it is not as easy as it seems. Their concerns center on who will actually benefit from federal regulation of the industry.
If cannabis is relegated only to the Controlled Substances Act and becomes treated as a medicine, it could, according to activists, allow big pharmaceutical companies to control the market. In addition, in the event of federal legalization in all states, it is feared that conglomerates such as Amazon would quickly take the lead in the adult-use market.
Some activists have long campaigned against legalization bills. In the 2022 midterm elections, progressive cannabis advocates opposed Issue 4 in Arkansas, an amendment that was largely funded by medical marijuana. They argued that it would create a monopoly of existing medical companies in the adult-use cannabis market and limit new entrants.
Critics note that the proposal lacks social equity provisions that would ensure people of color and those with misdemeanor marijuana convictions participate in the legal industry. The Issue 4 amendment does not propose destroying records of prior offenses, instead it is intended to direct a portion of tax revenue to law enforcement.
Ultimately, despite one poll in September showing support for legalization among a majority of Arkansas voters, 56% voted against the amendment on Election Day.
Critics note that the proposal lacks social equity provisions that would ensure people of color and those with misdemeanor marijuana convictions participate in the legal industry. The Issue 4 amendment does not propose destroying records of prior offenses, instead it is intended to direct a portion of tax revenue to law enforcement.
Ultimately, despite one poll in September showing support for legalization among a majority of Arkansas voters, 56% voted against the amendment on Election Day.
«I support regulation. It's a safety issue. However, when regulation is transformed into a fight for profit, it causes serious problems» — said Tyler McFadden, a board member of the cannabis reform organization BOWL PAC and former policy partner of the National Organization for the Reform of Marijuana Laws.
McFadden suggests that legalizing marijuana at the federal level in all states would shift funds to big pharmaceutical companies with no real impact on addressing the negative effects that decades of prohibition has brought — especially for communities of color who have been subjected to disproportionate and discriminatory enforcement of drug laws.
«Legalization only fills the pockets of wealthy people who have never faced jail time or harsh police action. The existing community of supporters of the law should be criticized» — he says.
McFadden suggests that legalizing marijuana at the federal level in all states would shift funds to big pharmaceutical companies with no real impact on addressing the negative effects that decades of prohibition has brought — especially for communities of color who have been subjected to disproportionate and discriminatory enforcement of drug laws.
«Legalization only fills the pockets of wealthy people who have never faced jail time or harsh police action. The existing community of supporters of the law should be criticized» — he says.
As Brown et al. argue, restrictions on cannabis business licenses, such as those proposed by Arkansas lawmakers, are becoming increasingly common and actually limit access to the industry. They do this by allowing only a few who can afford to obtain expensive permits, while much of the market falls into the hands of large companies and multistate operators.
«It’s not surprising that some groups have refused to support legalization, because if such a law is passed, it will take many years of reforms to open up the market to small businesses. I am in favor of legalization, but not in this format» — he says.
Reformers also express dissatisfaction with the position of some multistate medical operators who consider marijuana a dangerous drug requiring strict controls. Brown notes: «Multistate operators desire the legalization of cannabis but use its stigma to create monopoly markets. Lawmakers say they need to regulate it tightly and turn over management to a few competent people' and corporations manipulate it to their advantage».
«It’s not surprising that some groups have refused to support legalization, because if such a law is passed, it will take many years of reforms to open up the market to small businesses. I am in favor of legalization, but not in this format» — he says.
Reformers also express dissatisfaction with the position of some multistate medical operators who consider marijuana a dangerous drug requiring strict controls. Brown notes: «Multistate operators desire the legalization of cannabis but use its stigma to create monopoly markets. Lawmakers say they need to regulate it tightly and turn over management to a few competent people' and corporations manipulate it to their advantage».
It's been nearly a decade since a majority of Americans first expressed support for cannabis legalization. Since then, support for the idea has grown among the public, and according to an April 2021 Pew Research Center poll, 88% of American adults favor some form of legalization. Twenty-four states have already legalized recreational marijuana, and with Biden's statements, it seems like only a matter of time before the federal government lifts marijuana prohibition.
However, there are many issues that need to be resolved, from banking regulations to which agencies should regulate cannabis and whether there should be an automatic write-off.
In practice, full legalization of cannabis has proven to be piecemeal and at times frustrating for those advocating for reform in this area.
McFadden cites Virginia's fledgling legalization program as an example of failure. There are only four licensed cannabis companies in the state, and all are owned by conglomerates from other regions. Local entrepreneurs and small businesses tend to be excluded from the industry.
«In my opinion, Virginia is seriously screwed because the law is focused solely on corporate interests» — McFadden says.
However, there are many issues that need to be resolved, from banking regulations to which agencies should regulate cannabis and whether there should be an automatic write-off.
In practice, full legalization of cannabis has proven to be piecemeal and at times frustrating for those advocating for reform in this area.
McFadden cites Virginia's fledgling legalization program as an example of failure. There are only four licensed cannabis companies in the state, and all are owned by conglomerates from other regions. Local entrepreneurs and small businesses tend to be excluded from the industry.
«In my opinion, Virginia is seriously screwed because the law is focused solely on corporate interests» — McFadden says.
Additionally, the Safe Banking and Fairness Enforcement (SAFE) Act was removed in the latest Congressional spending bill, a disappointment to cannabis advocates. At this time, several legislative initiatives are moving forward with the hope that bipartisan efforts will lead to full legalization of cannabis at the federal level (in all states) in the coming years.
The most recent bill under consideration, the Preparing Regulators for a Regulated Adult Post-Prohibition Environment (PREPARE) Act, put the Attorney General in charge of developing a regulatory framework for legalizing marijuana at the federal level.
In 2021, Amazon reaffirmed its support for federal legalization of marijuana and announced it would stop testing employees for the presence of cannabis. The policy was warmly received by reform advocates, but has raised concerns about the company's possible ambition to take the lead in the legal cannabis sector once it is legalized at the federal level.
The most recent bill under consideration, the Preparing Regulators for a Regulated Adult Post-Prohibition Environment (PREPARE) Act, put the Attorney General in charge of developing a regulatory framework for legalizing marijuana at the federal level.
In 2021, Amazon reaffirmed its support for federal legalization of marijuana and announced it would stop testing employees for the presence of cannabis. The policy was warmly received by reform advocates, but has raised concerns about the company's possible ambition to take the lead in the legal cannabis sector once it is legalized at the federal level.
According to an Amazon spokesperson who previously told the Washington Post, the company's primary motivation is not to sell cannabis, but to want to expand its workforce.
If cannabis is legalized at the federal level in all states, lawmakers may have concerns about possible monopolization by large national corporations, notes Shaleen Title, executive director of the Parabola Center, a cannabis policy think tank.
Title is the author of a study on preventing monopolies in the marijuana market, where she warns that big business dominance could threaten the existing industry. She emphasizes that the recent wave of consolidation and high barriers to entry could lead to a national market controlled by only a few companies.
Title expresses concern that tobacco and alcohol corporations are quietly trying to exert control over the legal cannabis market.
If cannabis is legalized at the federal level in all states, lawmakers may have concerns about possible monopolization by large national corporations, notes Shaleen Title, executive director of the Parabola Center, a cannabis policy think tank.
Title is the author of a study on preventing monopolies in the marijuana market, where she warns that big business dominance could threaten the existing industry. She emphasizes that the recent wave of consolidation and high barriers to entry could lead to a national market controlled by only a few companies.
Title expresses concern that tobacco and alcohol corporations are quietly trying to exert control over the legal cannabis market.
For example, the nonprofit organization Coalition for Cannabis Policy, Education and Regulation (CPEAR) is seeking to create a comprehensive federal regulatory framework for cannabis and is funded by a number of tobacco and alcohol brands, including Altria (parent company of Philip Morris USA), Molson Coors, Constellation Brands and the National Association of Convenience Stores.
The coalition includes respected industry figures including Andrew Friedman, former cannabis market leader in Colorado, and Shanita Penny, former president of the Minority Cannabis Business Association.
The combination of funding from tobacco and alcohol companies and the coalition's authoritative composition has observers concerned about the potential impact the group could have on supporting big business interests.
The coalition includes respected industry figures including Andrew Friedman, former cannabis market leader in Colorado, and Shanita Penny, former president of the Minority Cannabis Business Association.
The combination of funding from tobacco and alcohol companies and the coalition's authoritative composition has observers concerned about the potential impact the group could have on supporting big business interests.
Research shows that the tobacco industry has a history of targeting youth and marginalized communities, including black communities. If big tobacco companies influence federal cannabis policy, it would be a disastrous scenario for marijuana reform advocates worried about issues related to harm reduction, Title states.
Tobacco companies deceive the public, manipulate scientific data, and hide the harm their products cause. We don't want them dealing with public health issues.
Despite concerns that federal legalization could lead to negative consequences due to the dominance of corporate interests. Reformers should move forward aggressively with lessons learned from failures in social equity and criminal justice reform at the state level.
If we have a clear idea of what legalization should look like, it will be easier to create a fair market, and Canada can serve as a model for federal regulation in the United States.
Tobacco companies deceive the public, manipulate scientific data, and hide the harm their products cause. We don't want them dealing with public health issues.
Despite concerns that federal legalization could lead to negative consequences due to the dominance of corporate interests. Reformers should move forward aggressively with lessons learned from failures in social equity and criminal justice reform at the state level.
If we have a clear idea of what legalization should look like, it will be easier to create a fair market, and Canada can serve as a model for federal regulation in the United States.
Right now, thousands of people are in prison for misdemeanor possession or distribution offenses, or for using such paraphernalia. These people should be at home with their families, contributing to the economy and living without the burden of a criminal record that forces them to lead undeserved lives.
Lawmakers can create effective cannabis policy, especially if they listen to activists rather than lobbyists and specialized groups. We need to recognize what works effectively and stop giving in to corporate interests. This is a brand new industry that may be susceptible to corruption over time, but we should not start there.