Colorado Lessons: Marijuana Costs Cross County Lines

Like Washington State, Colorado is seeking ways to limit the unintended consequences of the retail marijuana industry. As Washington prepares for another round of marijuana debates in the legislature, some important lessons can be learned from our Rocky Mountain neighbors. For one, that the retail marijuana industry has far reaching social costs that are showing up all across Colorado, not just in those counties with retail marijuana sales.

This post in Denver Westward points out that the social costs of cannabis are crossing county lines in Colorado into areas that have banned retail marijuana. The post points out that "banned" counties are experiencing the same increase in arrests, traffic violations, and other new demands on law enforcement seen in regions open to the industry. Other unexpected costs in these areas include those associated with additional demands on child welfare and social services linked to marijuana. There are also calls for additional funding for youth education/ prevention campaigns and additional services in counties without a visible industry footprint.


Map of Colorado Counties

As Washington State considers legislation to mitigate the impact of legal marijuana, it is important to consider all the hidden social costs. For example, when debating "pay to play" funding that rewards only those cities and counties that DO NOT BAN marijuana with a share of tax proceeds, one should consider lessons learned in Colorado-- that the true costs of the retail marijuana industry do not stop at the city or county line.



Marijuana Arrests and Social Justice

An important feature of the marijuana legalization debate centers on the issue of social justice and the disproportionate arrest rates of people of color and in communities of color. Legalization proponents argued that legalizing simple marijuana possession for adults will have a tangible benefit in this arena. Hopefully so. But does this really get at the root cause of the issue?

One has to ask, will creating a recreational marijuana industry really have a net positive impact on the issue of social justice? Will communities of color where marijuana retail stores are opening in greater numbers somehow be immune to the kind of negative consequences they already face from high-density alcohol and tobacco stores? What about addiction rates, crimes against persons, and health consequences? What will the effect be on youth for whom possession remains illegal?

Here is an interview with Project SAM Director, Dr. Kevin Sabet, who calls into question the wisdom of legalizing marijuana to reduce the number of unfair drug arrests. He points out that legalization, and the "Big Tobacco 2.0" it will create, has far reaching negative effects for all communities, and we all should be paying attention.

Although we may have removed adult marijuana possession as a vehicle for institutionalized oppression, we need to remain vigilant to its continued influence on all Washington communities.

WA superior court judges rule that local governments can ban marijuana businesses

On December 4, 2014, a fourth superior court judge concluded that nothing in Initiative 502 overrides local governments’ authority to regulate or ban marijuana businesses. Every court to consider this issue has now agreed.

This most recent ruling came from Cowlitz County Superior Court Judge Michael Evans in the case of Emerald Enterprises LLC & John M Larson v. Clark County. Because the case was against Clark County itself, the plaintiffs chose to file in neighboring Cowlitz County. The plaintiffs in the case sought to open a marijuana business in Clark County despite the county’s ban on such businesses. A formal opinion released by the WA Attorney General's Office in January 2014 concluded that, as drafted, I-502 does not prevent cities and counties from banning marijuana businesses.  

Judge Evans is now the fourth judge to agree with the AGO opinion that nothing in Initiative 502 overrides local governments’ authority to regulate or ban marijuana businesses. This ruling follows Benton County Superior Court Judge Vic VanderSchoor’s ruling in November in a similar case involving the City of Kennewick, Chelan County Superior Court Judge T.W. Small’s ruling in October in a similar case involving the City of Wenatchee and Pierce County Superior Court Judge Ronald Culpepper’s ruling in August in a similar case involving the City of Fife. If courts continue to agree with the AGO opinion that I-502 does not require local governments and counties to allow marijuana businesses, they will not need to decide in these cases whether federal law preempts I-502. This allows I-502 to continue to be implemented.

Marijuana edibles in WA

The Liquor Control Board (LCB) recently proposed new rules to govern what types of marijuana-infused foods they will allow to be made (processed) and sold as part of Washington’s recreational marijuana system.  The LCB does not regulate the medical marijuana market so these rules only apply to the recreational (I-502) market. 

The LCB is now seeking public comments about their proposed rules.  Comments are due by December 3 and a public hearing will be held that day.  

To learn more about medical and recreational marijuana-infused foods, watch the story KCTS recently broadcast about these growing markets.

Preventing teen marijuana use: What works

What programs are most effective for preventing teen marijuana use?  That question is being studied by the Washington State Institute for Public Policy (WSIPP) which recently released an updated review of scientific evidence about prevention programs.  They reviewed 23 youth marijuana prevention and treatment programs  and categorized them as "evidence-based", "research-based", or "promising."  

The top ten prevention programs identified by WSIPP are:

1. Life Skills Training
2. Communities That Care
3. Project STAR
4. Lions Quest Skills for Adolescence
5. SPORT
6. Keepin’ it REAL
7. Strengthening Families for Parents and Youth 10-14
8. Multidimensional Treatment Foster Care
9. Case management in schools
10. Project Northland

Detailed information about these programs may be found on the National Registry for Evidence-based Programs and Practices website.  

While WASAVP advocates for the funding of these programs, the WSIPP list does not include policies proven to reduce youth access to drugs which is the focus of most of WASAVP's work.  The Guide to Community Preventive Services is the place to start to gain an understanding of public policies that prevent youth alcohol and tobacco use.  Among effective policies are those that limit the density of retailers that sell alcohol and tobacco, the enforcement of minor in possession laws, and taxes.  

Local marijuana ordinances in WA

In the past, WASAVP's online marijuana policy toolkit included a list of local ordinances adopted across Washington regarding recreational marijuana businesses.  Since the Municipal Research and Services Center (MRSC) collects identical information, WASAVP now refers youth substance use prevention advocates to the MRSC website.

The website includes a map showing jurisdictions that have adopted zoning ordinances, moratoriums, and bans on marijuana businesses with links to policy documents.

The website also includes information about lawsuits against cities that ban marijuana businesses, law enforcement, and marijuana tax revenue.

Another school district reports increase in student marijuana-related incidents

Last school year Seattle Public Schools reported an increase in the number of students attending school under the influence or in possession of marijuana and now the Edmonds School District is reporting the same.

Governor briefed about state youth marijuana prevention activities

Decreasing the percentage of 10th grade students who report smoking marijuana in the past 30 days from 19.3% to 18% by 2017 is one of Results Washington's goals for creating healthy communities.  In addition to preventing marijuana DUIs, state leaders briefed Governor Inslee on this goal during a meeting on September 24.



The discussion about youth marijuana use prevention starts at about 1:12 of the video.  The secretaries of the Department of Social and Health Services and the Department of Health provide an overview of current and planned prevention activities.

At about 1:43 the governor asked a question about marijuana-infused foods to ensure they are not overly attractive to youth.  Rick Garza from the Liquor Control Board said that they are not allowing products that are:

• brightly colored;
• sugar coated;
• anything that is "typically what a child would see and find appealing;"
• mimicking candy bars.

He also said that the medical marijuana law needs to be changed to address marijuana-infused foods because they are currently not regulated under state law.
Medical marijuana is the "wild west" right now according to the governor.  Mr. Garza confirmed that there are no regulations on medical marijuana products that are attractive to youth.

The governor also asked about the use of fear tactics in marijuana prevention campaigns.  Mona Johnson from the Office of the Superintendent of Public Instruction replied that many years of prevention science research shows that scare tactics do not work and that prevention programs today don't use them.  The importance of educating parents about prevention was also discussed. 

Liquor Control Board answers questions about marijuana advertising

Legal marijuana businesses are trying to determine how best to market their products and stay within our state’s recreational marijuana law.  This week, the Liquor Control Board released answers to frequently asked questions from marijuana business licensees.  (They do not apply to medical marijuana businesses.)   Here are a few:

Online Advertising

May I have a website to promote my company? Are there any limitations on a company website?
Yes you may have a website to advertise your business. However, the law does not allow a business to use a website to sell marijuana/marijuana products. All recreational marijuana sales must take place at a licensed marijuana premises.

Can I use social media to promote my business?
Yes. Please use social media with caution and be mindful not to appeal to, or solicit, viewers under the age of 21. If possible, please restrict views to adults age 21 and older.

Am I able to produce a YouTube page with comedy commercials promoting my marijuana business?
Yes. Please use social media with caution and to be mindful not to appeal to, or solicit, viewers under the age of 21. If possible, please restrict views to adults age 21 and older.

Am I able to have a mascot in the YouTube commercial?
Yes, as long as the mascot is not a cartoon character or is appealing to children. 

Traditional Advertising

 

May I set up a separate business to promote my marijuana retail store?
Yes. That would be allowed if the business is used to sell t-shirts, hats etc. Those items, however, could not be sold within your retail marijuana store.

May I advertise for cannabis on the radio and TV?
The law states that licensed marijuana producers, processors and retailers “may not advertise marijuana or marijuana-infused products in any form through any medium whatsoever within one-thousand feet of the perimeter of a school ground, playground, recreation center or facility, child care center, public park or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older.” The fine is $1,000 for each violation.

Although print media, such as newspapers, are often delivered to locations at or near schools, the LCB does not intend to enforce the 1,000’ buffer for newspaper advertising as long as the advertising does not violate other provisions of I-502.

Television and radio, of course, carry across state lines as well as places where children can see or hear. TV and radio are also regulated by the Federal Communications Commission. Licensees should consult with their attorney and media-buyer or other advertising sales representative to ensure cannabis/related advertisements are permissible.

As I-502 is implemented, an understanding of prevention is needed

The need to scientifically-define prevention is once again obvious when reading the latest Brookings Institute report on our state’s implementation and evaluation of I-502.  In the report, the author notes that some marijuana revenue is dedicated to funding prevention and treatment programs.  He claims, “Given the paucity of good scientific information about marijuana, this is a tall order . . .”  In fact, research has already shown what works to prevent adolescent marijuana use.  A few examples of evidence-based programs are:

• Keepin' it REAL
• Guiding Good Choices
• Life Skills Training
• Lions Quest
• SPORT
• Project Northland

Revenue from I-502 earmarked for prevention will fund community coalitions.  These coalitions will then identify drug-related risk factors particular to their communities and implement programs, policies, and practices that are proven to reduce those risk factors.  The programs listed above are examples of prevention activities to be implemented, but community-based policies and practices (also called “environmental” strategies) will also be implemented. 

What we don’t know is if policies and practices that work for preventing alcohol and tobacco use among adolescents will work for marijuana since it has never been marketed and sold like alcohol and tobacco.  Right now, prevention providers advocate for the following policies that are best practices for alcohol and tobacco prevention:

• Limit the number of retailers that sell the drugs in a community. 
• Limit days and hours of sale.
• Levy high taxes on the drugs.
• Enforce age limits for purchasing and using.
• Limit where products may be consumed.

Most of these policies are included in the new marijuana system.  The policies limiting the number of marijuana stores in a community, limiting hours of sale, limiting where marijuana products may be consumed, and high taxes on marijuana should be maintained and studied.  As the Brookings paper suggests, this is an experiment and we should strive to learn as much as possible from it. These policies work for alcohol and marijuana, we should find out if they work for marijuana, too.  

Marijuana advertising milestone

Another legal marijuana milestone: the billboard ad campaign.

This billboard sure looks a lot like old "lifestyle" ads for beer and cigarettes.

In their press release, the company advertising their products says:

We've seen a lot of curiosity from the recreational market and hopefully that curiosity will translate to affinity for our brands," said Dax Colwell, co-founder of New Leaf Enterprises. "Our goal is to build brand awareness and educate the market about safe, lab-tested Cannabis, in an effort to minimize the stigma that Cannabis products face with legalization."

Moving forward, New Leaf Enterprises plans to increase its marketing investment by 200% in 2015, setting the pace for emerging companies in the cannabis industry. It will continue to invest in media awareness for its Dàmà products in an effort to educate the public about responsible use for Cannabis products, and to create a dialog to overcome stereotypes about the use of Cannabis products.

First list of approved marijuana-infused foods released today

Today, the Liquor Control Board released the first list of marijuana-infused products that they approved for sale in recreational marijuana shops in our state.  The list includes the following marijuana-infused products:

Rainier Cherry Soda

Pomegranate Soda

Lemon Ginger Soda

Cannabis Infused Single Shots - Tart Cherry

Cannabis Infused Lemongrass Nuggets

Cannabis Infused Chili Cinnamon Fire Nuggets

420 Party Mix

Assorted Cookies

Brittle

Cookies & Cream Bar

Crazy Carnival Nuts

Dark Chocolate Bar

Granola

Twisted Trail Mix

Marijuana poisonings among kids are up

Source: Washington Poison Center

Pediatric exposures to marijuana reported to the Washington Poison Center (WAPC) are on the rise in our state.  As of July 7, 54 cases were reported to the WAPC while in all of 2013 58 cases were reported.  As with all poisonings, the WAPC says marijuana poisonings are likely under-reported.

Earlier this year, study results published in JAMA-Pediatrics reported similar problems in Colorado.  

Susan Mazor, MD, a pediatric emergency medicine physician at Seattle Children’s Hospital and a medical toxicologist at Children’s and the WAPC, says that it makes sense that as marijuana becomes more available in the community, children’s exposures to the drug increases. “More availability of any poison usually translates to more unintentional poisonings in kids,” she says.

In an editorial accompanying the JAMA-Pediatrics article, a public health response is called for:

The public health community needs to be vigilant for unintended consequences of legalized marijuana, such as increased ingestion by children as reported . . . Unfortunately, as with tobacco, some of the most significant health consequences will likely take years to manifest.

In the meantime, we can inform the public about the known harms of marijuana even in states where use has been made legal. This has been happening with tobacco. While rates of adolescent tobacco use remain unacceptably high, they have fallen dramatically since their peak in 1996.  It is nearly impossible to be sentient in 2013 and not know about the health consequences of tobacco. Anecdotally, nearly all of the patients treated in the Adolescent Substance Abuse Program at Boston Children’s Hospital who use tobacco would like to quit because of health concerns, while few adolescents can understand why we advise them to stop using marijuana. The skyrocketing rates of adolescent  marijuana use indicate that we are losing an important public health battle and we have a lot of work to do if we want to reverse these trends.

While our state has made available education materials encouraging parents to talk to their children about not using marijuana, education also needs to be done about the availability of marijuana in homes.  Since I-502 funding for marijuana education campaigns has yet to come in, other sources of funding need to be found by policy makers on the state and local levels.  

As we know from experiences with alcohol and tobacco, and is evident with these latest reports about marijuana, increased availability of a drug is harmful to children.  Limiting availability is one step policy makers can take to ensure that fewer children are exposed to marijuana.  Keeping the number of retail recreational marijuana stores as it is now and eliminating medical marijuana stores is good public health policy.  

Limiting marijuana promotion to reduce public health implications

Though most of his message is a little late for Washington, Dr. DuPont makes the case for limiting the promotion of marijuana as a way to reduce public health costs.

No pot gummy bears? WSLCB: Marijuana products that are appealing to children are prohibited

Since the adoption of I-502, I’ve been asking public health advocates, “If we could better regulate the tobacco industry before it became Big Tobacco, what would we do?”  As Washington develops a marijuana industry, answers to that question can guide the way.

This week, the Liquor Control Board adopted a process for approving marijuana-infused foods and beverages to attempt to reduce the number of products that appeal to youth.  This is a wise move considering what public health experts know about alcohol and tobacco products that are attractive to youth. 

As we know from our experiences with tobacco and alcohol, some products are attractive to youth even though they are to be consumed only by people over the age of 21. 

• For instance, several years ago 20% of smokers ages 17 to 19 reported using flavored tobacco products within the last 30 days, compared to 6% of adult smokers.  Soon after the study that produced this finding was released, the Food and Drug Administration banned flavored cigarettes.  Now the FDA is in the process of determining how to regulate e-cigarettes, including flavored nicotine products.    
• Flavored alcoholic beverages are highly popular among underage drinkers.  A recent study shows that among alcohol brands favored by underage drinkers, Smirnoff malt beverages are popular.  This brand includes flavors like blue raspberry lemonade, pineapple, green apple, grape, root beer, and root beer float.  

Regulating products so that they do  not appeal to children is an important component of a multi-pronged strategy for preventing underage substance use.  The LCB's regulations for marijuana-infused products are a perfect example of how multiple sectors in our state have roles to play to prevent underage marijuana use.  

Why investing in drug use prevention is important

“The state is no longer wasting law enforcement time on marijuana use,” according to a recent Seattle Times opinion piece about I-502, the initiative that decriminalized and legalized marijuana. 

In 2004, a Seattle Times article about Seattle’s Initiative 75, which made marijuana the lowest enforcement priority for police, reported similar results.  “Statistics for the first six months of 2004 show that the city has prosecuted just 18 cases of marijuana possession compared with roughly 70 during the same time period last year.”  In other words, de-facto decriminalization worked to reduce the number of people arrested and prosecuted for marijuana offences. 

According to a recent report from the National Academies of Science (NAS), the rise in United States incarceration rates can be attributed to “significantly increased sentence lengths, required prison time for minor offenses, and intensified punishment for drug crimes.”  Racial disparities in incarceration rates are exacerbated by sentencing laws, such as three strikes and mandatory minimums, and by “law enforcement strategies associated with the war on drugs.”  In other words, how laws are enforced and how people are sentenced are the primary factors leading to high incarceration rates. 

Authors of the NAS report offer specific suggestions for reducing incarcerations rates:

• changing sentencing policies, especially those having to do with the enforcement of drug laws;
• changing prison policies;
• addressing social policies especially those addressing “economic insecurity, low education, and poor health that are associated with incarceration in the nation’s poorest communities.  Solutions to these problems are outside of the criminal justice systems, and they will include policies that address school drop-out, drug addiction, mental illness, and neighborhood poverty – all of which are intimately connected to incarceration.”  

That’s where youth drug use prevention comes in.  Preventing the onset of drug use among teenagers prevents school drop-out, drug addiction, some mental illnesses, and supports healthy youth development.  To be most effective, multiple community partners must join together to prevent teen drug use.  Parents and schools are only part of effective drug use prevention strategies.  Organizations concerned with economic insecurity, health, and the justice system also have stakes in keeping kids drug-free. 

WA House Committee updated about the implementation of I-502

Earlier this week, the Washington House Government Accountability and Oversight Committee held a work session about the implementation of I-502.  For a limited time, a recording of the session may be viewed online.



From a youth substance use prevention point of view, a few discussion items stuck out.

• Marijuana business owners repeatedly stated that the medical marijuana market and the recreational marijuana market should not co-exist.  One said that the medical marijuana market "is the black market" and another one called it a "free for all."  They agreed that the medical marijuana market is going to be a problem for I-502 businesses.

• A few people talked about the need for preventing youth marijuana use and said that children and parents need to know about the negative affects of the drug on the developing brain.  Nobody talked about how policy is a key part of a comprehensive prevention strategy.  

• The University of Washington is conducting research on the impact of I-502 retail stores on the communities in which they are located.  The research will be conducted in King County and look at youth use rates, crime  rates, and economic impact.  Representative Hurst wondered if marijuana stores will really have much of an impact on communities since we already have "a saturated market" and people who want marijuana can easily get it. 

• Throughout the work session it was obvious that most people think that the marijuana system is going to change a great deal over the years.  Just like the alcohol system, rules will change.  Liquor Control Board Director Garza predicted that more marijuana business licenses, including retail licenses, eventually will be issued by the agency.  

Liquor Control Board issues first marijuana retail licenses

From the Liquor Control Board: 

The Washington State Liquor Control Board (WSLCB) today issued the state’s first 24 marijuana retailer licenses. A complete listing, including contact information of the new retail licensees, can be found online within the Public Records section of the WSLCB website.

The 24 applicants were notified via email early this morning that they were approved for a retail license. Once approved for a license, producers and/or processors are able to file a required manifest for transporting to retail locations. Following a 24 hour quarantine period, they may begin transporting products to retail stores. Marijuana retailers may begin selling marijuana at their discretion following receipt of product and entering it in to the traceability system.

Businesses receiving their licenses today represent the first of 334 licenses allotted by the WSLCB for retail sales who have successfully completed the licensing process. Locations receiving licenses were selected by taking into account population, geographic dispersion and the individual applicant’s readiness to be licensed.

Today’s issuance of the first retail licenses represents the latest step following nearly 18 months of establishing a controlled and comprehensive system of producing, processing and retailing recreational marijuana.

The WSLCB was especially concerned with the impact to children. There are strict rules regarding packaging, labeling and advertising to ensure they not appeal to children. In June, the LCB announced emergency rules that include a label and product approval process.

WSLCB licensing investigators will continue to issue producer, processor and retailer licenses as those applications are completed. To date the WSLCB has licensed over 687,000 square feet of plant canopy for marijuana production, roughly the equivalent of a dozen football fields.

For more information including summaries of the rules frequently requested lists please visit the LCB website at www.liq.wa.gov.

Where will marijuana tax revenue go?

Once marijuana is sold in stores, revenue from sales will be directed to several areas.

Tier 1: Funds collected through marijuana excise taxes, license fees, penalties, and forfeitures will be distributed every three months as follows:

• $1,250,000 to the Liquor Control Board to administer the marijuana system.
• $125,000 to the Department of Social and Health Services (DSHS) to administer the Healthy Youth Survey, analyze data, and produce reports.
• $50,000 to the Washington Institute for Public Policy to conduct a cost-benefit analysis and produce four reports from September 2015 to September 2032.
• $5,000 to the University of Washington's Alcohol and Drug Abuse Institute to develop and maintain web-based public education materials with scientifically accurate information about the health and safety risks of marijuana.  

Tier 2: Of the dollars that remain, the following will receive funding:

• 50% to the Basic Health Plan.
• 19.07% to the General Fund.
• 15% to DSHS to implement substance use prevention strategies among middle and  high school students. 
• 10% to the Department of Health to implement a marijuana education and public health programs.
• 5% to community health centers for primary health and dental care services, migrant health services, and maternity health care services.
• 0.06% to the University of Washington and 0.04% to Washington State University for marijuana research.
• 0.03% to the Building Bridges programs.  

Any of the above can be changed by lawmakers starting next legislative session.  With lawmakers looking to fill budget shortfalls, especially education funding shortfalls, earmarks for prevention needs to be guarded.

Even if the earmarks remain untouched, it is unclear how much revenue will actually be generated by the new marijuana market.  The Liquor Control Board does not expect that all marijuana consumers will use the new system at first, limiting the amount of revenue generated in the short run.  According to researchers, 24% of the current market is made up of people under the age of 21 who will never use the legal "recreational" market. Some predict that a minority of current adult marijuana users will ever use the new market.

Right now, predictions are all that we have to go on.  It may be a few years before we know how much money communities will receive to fully implement prevention strategies.

Liquor Control Board to limit marijuana-infused products appealing to children

Today, the Washington State Liquor Control Board adopted emergency rules adding a requirement that all marijuana-infused products, packaging, and labeling be approved by them.  The rules are to clarify the types of marijuana-infused products the board will allow to be produced and sold.  The board's issue paper on the emergency rules states:

"Many marijuana-infused products on the medical marijuana market today are appealing to children.  Products such as lollipops, gummy bears, and cotton candy are very appealing to children too young to read a label."

To gain approval from the board, marijuana processors must submit a picture of the product, its label, and packaging to them.  The board will not approve products that appeal to children. 

Marijuana-infused products that look like foods and beverages that children commonly eat and drink have been a concern for WASAVP and adolescent substance use prevention advocates even prior to the I-502 vote.  Concerns were expressed to the Liquor Control Board during their rule-making process and as they developed recommendations for reconciling the recreational and medical marijuana systems. 

The emergency rules also include guidelines regarding serving sizes.  The new rules read:

"Marijuana-infused products in solid form that contain more than one serving must be scored to indicate individual serving sizes, and labeled so that the serving size is prominently displayed on the packaging."

"Marijuana-infused products must be homogenized to ensure uniform disbursement of cannabinoids throughout the product."