Legalizing Cannabis: Experiences, Lessons and Scenarios

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