420 words on 4/20 weekend

Dear NORML members and supporters,

420 NORML MembershipWe all find ourselves this weekend at the precipice of the year’s most propitious date on the calendar for cannabis consumers and freedom lovers: April 20th.

As always, there will be large public gatherings all around America (and other countries too) to celebrate the responsible adult use of cannabis. The day is a cultural phenomenon, with both substantial media output (some entire cable networks broadcast cannabis-centric programming and entertainment–like Comedy Central) and coverage of public celebrations (cities like Denver expect downtown public pot celebrations drawing 500,000 or more Saturday and Sunday).

The patchwork of cannabis law enforcement in this country is so disparate that in some locations the gatherings will celebrate their appreciation of the herb, but under harsh threat of arrest and criminal sanctions. Contrastingly, in other parts of the country, where I write this letter from, the city of Denver–where I’ve paid an effective 35% tax rate on the retail purchase of a small amount of a strain called ‘Tangie’, and where over 40,000 attendees are expected for High Times’ Cannabis Cup Awards–the events here are decidedly in celebration of the only place currently on earth where an adult can purchase and legally consume cannabis in a similar manner to that of alcohol products.

By July of this year, the citizens and visitors to Washington State will enjoy the same freedoms and responsibilities when their cannabis retail market officially commences.

Two down, forty-eight more states and territories to go…

420 NORML MembershipDozens of NORML’s 150 state and local chapters will be very busy this weekend working to end cannabis prohibition in their region of the country. Check out your local NORML chapter event here.

For over a dozen years NORML has had unique 4/20 fundraisers, promoting an annual membership* for as low as $4.20, and this year is no different. Hats off to legalization–upgrade your membership for $42 and get a limited edition hemp hat* from Grassroots California.

With Alaska and Oregon voters likely propelling their states to join Colorado and Washington this election season via binding voter initiatives, we will all have even more to rejoice (and consumer choices for safe, affordable, legal and taxed cannabis) next April 20th.

Thank you for supporting NORML’s long standing public advocacy efforts to end cannabis prohibition and replace it with a far more rational and responsible public policy that has sustained the organization to this day–when I’m reporting to you the first legal and taxed cannabis purchase in my lifetime.

Cannabem Liberemus,

Allen St. Pierre
Executive Director
NORML

* NORML 420 membership offer is valid until 4/20/14 at 11:59pm EST. (Limited quantity of hemp hats)

NORML Responds To Latest Media Frenzy Over Pot and ‘Brain Damage’ Fears

The mainstream media launched into a reefer mad frenzy this week after researchers from Harvard University in Boston and Northwestern University in Chicago published the results of a neuroimaging study assessing the brains of a small cohort of regular marijuana smokers and non-users. The brain scans identified various differences between the two groups in three aspects of brain morphometry: gray matter density, volume, and shape. These differences triggered dozens of high-profile media outlets to lose their collective minds. Here’s a sampling:

CNN: Casual marijuana use may damage your brain

Financial Post: Study proves occasional marijuana use is mind altering

Time: Recreational pot use harmful to young people’s brains

International Business Times: Casual Marijuana Smoking at Young Age May Cause Irreparable Brain Damage – Even at One Joint Per Week

UK Telegraph: Smoking cannabis will change you. That’s not a ‘risk’, it’s a certainty

Yet despite the sensationalist headlines, the study itself was hardly newsworthy. Decades of research pertaining to the potential residual adverse effects of cannabis on brain cognition have failed to support the notion that marijuana poses any sort of permanent brain deficits. And as I write today on Alternet.org, this study similarly failed to report any sort of real-world adverse consequences associated with cannabis use:

Why the Media’s Fear-Mongering on Marijuana Effects on the Brain Is Faulty
via Alternet.org

[excerpt] Using high–resolution MRI imaging, scientists identified specific changes in particular regions of the brain that they inferred were likely due to marijuana exposure. (Since researchers only performed a single MRI session, they could not say definitively whether these changes were, in fact, caused by cannabis or whether they existed prior to subjects’ use of the plant.) Notably, however, these changes did not appear to be associated with any overt adverse effects in subjects’ actual cognition or behavior. (Separate studies assessing youth use of legal intoxicants, such as nicotine and alcohol, have also been associated with documented changes in brain structure. Ditto for caffeine intake in preclinical models. These findings have received far less media attention.)

Both the cases (20 marijuana users) and controls (20 nonusers) in the study were recruited from local universities, undermining the notion that the alleged ‘brain damaged potheads’ were any more academically challenged than their non-using peers. Further, as summarized by HealthDay: “Psychiatric interviews revealed that the pot smokers did not meet criteria for drug dependence. For example, marijuana use did not interfere with their studies, work or other activities, and they had not needed to increase the amount they used to get the same high.”

In other words, case subjects and controls appeared to function similarly in their professional and academic endeavors.

You can read the full text of my response here.

Fortunately, my critique of this latest paper — and in particular the mainstream media’s sensationalist and erroneous coverage of its findings — is far from the only one. Below are links to several other excellent analyses:

MedPage Today: Striking a Nerve: Bungling the Cannabis Story

Daily Beast: No, Weed Won’t Rot Your Brain

Bits of DNA (blog): Does researching casual marijuana use cause brain abnormalities?

DPA Blog: Does Smoking Dope Really Make You a Dope?

USF Hosts Statewide Florida NORML Conference

OLYMPUS DIGITAL CAMERATampa, FL – On Sunday April 13th, people came from all parts of the sunshine state to the to attend the first statewide Florida NORML conference at the University of South Florida.   While the most  critical topic of the day was Question 2 (Florida’s medical marijuana ballot initiative) to be voted on in the November election, there was also a diverse range of information presented by conference speakers such as student rights on campus, organizing and social media outreach.

Irv Rosenfeld

Panelists consisted of a group of nationally recognized advocates and some of the state’s most high profile reformers.  They included federal medical marijuana patient Irv Rosenfeld, Kathy Jordan of the Kathy Jordan Medical Marijuana Act, the Silver Tour’s Robert Platshorn and Florida NORML Chapter Director Karen Goldstein.   Other speakers included Catherine Sevcenko, litigation coordinator for the Foundation for Individual Rights in Education (FIRE) and Eli Zucker, Founding Director of USF NORML and Sabrina Fendrick of National NORML.

The event was organized and hosted by the USF NORML chapter, with support from Students for Liberty and United for Care – the campaign behind Question 2.  For more information in how to get involved with marijuana law reform in the sunshine state, please contact Karen Goldstein at normlsfla@gmail.com.

 

Neuropsychological Deficits: Fact and Artifact About Marijuana Tests

By Mitch Earleywine, Ph.D
State University of New York at Albany
Chair, NORML board of directors

A new study claims to show small deficits on neuropsychological tests in college students who started smoking marijuana early in life. It might get a lot of press. Prohibitionists love to bang the drum of marijuana-related cognitive deficits, so I’d like NORMLites to know how to make sense of this sort of research. The recurring themes in this literature involve several alternative explanations that never seem to dawn on journalists. These results often arise from artifacts of the study rather than physiological effects of the plant. I’d like to focus on a few: other drug use, dozens of statistical tests, the incentives for performance, and the demands communicated by the experimenters.NWA Canada Prohibition Car

The latest paper of this type is actually pretty good. Researchers studied over 30 people aged 18-20 who started using before age 17 (their average starting age was around 15) and who smoked at least 5 days per week for at least a year. They compared them to a comparable bunch of non-users. I hate to see 15-year-olds using anything psychoactive, even caffeine. Spending full days in high school with less than optimal memory functioning is no way to lay the groundwork for a superb life. I admit that I want these same people to grow up and be the next generation of activists, so feel free to call me selfish when I emphasize NORML’s consistent message: THE PLANT IS NOT FOR KIDS WHO LACK MEDICAL NECESSITY.

OTHER DRUG USE?
First, we have to keep other drug use in mind. Unfortunately, the marijuana group in this study got drunk more than 4 times as much in the last six months as the controls. Given what we know about binge drinking and neuropsychological functioning, it’s going to be hard to attribute any differences between these groups to the plant. It’s just as likely that any deficits stem from pounding beers. Studying cannabis users who aren’t so involved with alcohol would help address neuropsychological functioning much better.

HOW MANY TESTS?
In addition, we should always consider the number of measures in any study. Many of these neuropsychological tasks have multiple trials that can be scored multiple ways. The more statistical tests you run, the more likely it is that you’ll find a statistically significant difference by chance. It’s kind of like flipping coins. It’s rare to flip four heads in a row. But if you flip a coin a thousand times, odds are high that somewhere in the list of a thousand results will be four heads in a row. These investigators got 48 different test scores out of the participants. You’d expect at least 2 of them to be significant just by chance. They found differences on 14 different scores, suggesting that something’s going on, but we’re not sure which results are the “real” differences and which ones arose by accident. (That’s why we replicate studies like this.) And, as I mentioned, it might all be because of the booze.

WHY WOULD ANYONE DO ALL THESE TESTS?
We also have to consider incentives for performance. Most researchers bring participants to the lab for a fixed fee and ask them to crank out a bunch of crazy puzzles and memory assessments. It’s unclear why people would feel compelled to strain their brains. The authors of this study were kind enough to mention some relevant work by my friend (and former student) Dr. Rayna Macher. Dr. Macher showed that cannabis users respond best when you make the effort worth their while. She focused on people who used the plant at least four times per week for a year or more. She read one group some standard instructions for a memory test. The other group got the regular instructions plus an additional sentence: “It is important that you try your very best on these tasks, because this research will be used to support legislation on marijuana policy.”

As you’d guess, this simple sentence fired them up. Compared to cannabis users who didn’t hear that sentence, they performed better on 3 out of 10 measures. (You’d expect less than one difference by chance.) And compared to the non-users, the folks who got the incentive sentence did just as well on all the tests. For those who didn’t hear the incentive sentence, users did less well than non-users on 1 of the 10.

I know that prohibitionists are going to try to call this amotivation. (See my rant on that when you get a chance) I call it putting effort where it pays. But given what we know about how these studies can hamper the reform of marijuana laws, users everywhere should do their best on all tests whenever they get the chance.

WE OFTEN DO WHAT EXPERIMENTERS EXPECT OF US
Last but not least, we have to consider the demands communicated by the experimenter. Decades of data now support the idea that people often do what others expect them to do, especially if they believe the expectation, too. Another friend and former student, Dr. Alison Looby De Young, showed that these expectations are critical in studies of neuropsychological performance and cannabis. She gave a neuropsychological battery to men who had used cannabis at least three times per week for the last two years. One group of men read instructions that said that cannabis had no impact on their performance on these tests. Another group read instructions that said that cannabis was going to make them perform poorly. You guessed it, those men who heard they were going to flub the tests performed worse on 2 of the 4 tests. (You’d expect less than one difference by chance). As you might imagine, some laboratories communicate their expectations about cannabis and cognitive function subtly or not so subtly. Some participants are bound to behave accordingly. So what looks like a cognitive deficit is just an artifact of the laboratory environment where experimenters stare daggers at cannabis users.

In the end, I’m glad that researchers do this work, but these effects are too small and fleeting to justify prohibition. We already know that cannabis isn’t for healthy kids. People who get heavily involved with the plant early in life might not perform as well as those who never touch cannabis even if investigators control for other drug use, AND use a sensible number of tests, AND provide appropriate incentives, AND communicate a reasonable expectation.

But how many people should go to jail for that?

If you said, “None,” you’ve done an excellent job on an important cognitive test.

Study: Frequent Cannabis Consumers Less Likely To Engage In Problematic Alcohol Use

Those who report consuming cannabis two or three times per week are less likely to engage in at risk drinking behavior, according to data published online in The American Journal of Addictions.

Investigators from Sweden’s Lund University, Department of Clinical Sciences, analyzed data from a nationwide survey on alcohol and drug use conducted by the National Institute of Public Health. Over 22,000 respondents between the ages of 15 and 64 participated in the survey.

Researchers reported that frequent cannabis consumers (defined as having used cannabis two or three times per week) were less likely to engage in hazardous drinking practices compared to infrequent users (those who reported having consumed cannabis fewer than four times per month).

They concluded: “In the present study, it has been shown that, in the Swedish general population, cannabis use is associated with a higher prevalence of other illicit drug use and hazardous alcohol use. Among cannabis users, frequent cannabis use is associated with a higher prevalence of other illicit drug use and a lower prevalence of hazardous alcohol use when compared to occasional cannabis use. … … The inverse relationship between the frequency of cannabis use and hazardous drinking has not been reported before to our knowledge. … This may indicate that cannabis users and alcohol users are different groups, albeit with a high degree of overlap between groups, with different characteristics and clinical needs.”

A review paper published in February in the journal Alcohol and Alcoholism similarly acknowledged that some cannabis consumers likely substitute the plant for alcohol. It concluded: “While more research and improved study designs are needed to better identify the extent and impact of cannabis substitution on those affected by AUD (alcohol use disorders), cannabis does appear to be a potential substitute for alcohol. Perhaps more importantly, cannabis is both safer and potentially less addictive than benzodiazepines and other pharmaceuticals that have been evaluated as substitutes for alcohol.”

An abstract of the study, “Alcohol and drug use in groups of cannabis users: Results from a survey on drug use in the Swedish general population,” appears here.

Maryland: Governor Signs Marijuana Reform Measures Into Law

Democrat Gov. Martin O’Malley today signed two separate pieces of legislation reforming the state’s marijuana laws.

Senate Bill 364 amends existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders). The new depenalization law takes effect on October 1, 2014.

House Bill 881 seeks to provide for the state-licensed production and dispensing of marijuana to qualified patients who possess a written certification from their physician. The new law will take effect on June 1, 2014, at which time the state shall establish a commission to draft rules and regulations overseeing the production and distribution of medical marijuana. However, the licensing program is not anticipated to be up and running until 2015.

Maryland is the 18th state to depenalize minor marijuana possession offenses to a non-arrestable offense. It is the 21st state to allow for the doctor-recommended access to medicinal cannabis.

More States Move Forward With CBD-Only Measures, But Will They Help Patients?

Lawmakers in Alabama and Utah recently approved legislation seeking to authorize the physician-supervised use of varieties of cannabis and/or extracts high in the non-psychotropic cannabinoid cannabidiol (CBD). Both measures, which I previously summarized as ‘largely unworkable,‘ have now been signed into law.

In recent days, lawmakers in three additional states — Kentucky, Mississippi, and Wisconsin — have similarly signed off on CBD-explicit legislation. These measures are now awaiting signatures from each states’ respective Governors.

Similar to Alabama’s SB 174 (aka ‘Carley’s Law), which only permits the use of CBD by prescription during the course of an FDA-approved clinical trial, the pending Kentucky and Wisconsin bills may also be classified as ‘research-centric’ measures. Kentucky’s SB 124 permits physicians “practicing at a hospital or associated clinic affiliated with a Kentucky public university” to “dispense” cannabidiol during the course of an FDA-approved clinical trial. Wisconsin’s AB 726 similarly limits those who may legally dispense CBD to only include those physicians who have obtained an FDA-issued investigational drug permit to prescribe it. In Tennessee, lawmakers are also close to finalizing similar language (included in HB 2461 and SB 2531) that seeks to allow university clinical researchers to “manufacture” and “dispense” high-CBD cannabis oil “as part of a clinical research study on the treatment of intractable seizures.” (By contrast, separate, broader medical cannabis measures seeking to authorize the use of the whole plant failed this year in all three states.)

As I’ve previously written here and here, it is unlikely that specific changes in state law will stimulate these type of proposed clinical trials from taking place in these states any time soon. Because CBD is acknowledged by federal regulators to be classified as a schedule I prohibited substance, multiple federal agencies — including the FDA, DEA, NIDA (US National Institute of Drug Abuse), and PHS (Public Health Service) must all sign off on any clinical investigation of the cannabinoid — a process that typically takes several years. A keyword search of FDA-approved clinical trials using the terms “cannabidiol” and “United States” yields fewer than ten ongoing human trials involving CBD — less than half of which are assessing its potential therapeutic application. (Two additional safety trials assessing the use of GW Pharmaceutical’s patented high-CBD formulation Epidiolex in children with severe epilepsy are also ongoing.)

Unlike the above-mentioned measures, Mississippi’s HB 1231, does not seek to encourage state-sponsored clinical trials. Rather, the measure exempts specific high-CBD formulated oils “that contain more than fifteen percent cannabidiol [and] … no more than one-half of one percent of tetrahydrocannabinol” from the state’s definition of a schedule I prohibited substance. However, like Utah’s HB 105 (aka ‘Charlee’s Law), Mississippi’s pending law does not provide guidance as to where patients could legally obtain such extracts. Though such high-CBD products are presently available in a limited number of medical cannabis states (such as in California and Colorado), these extracts are typically only available to in-state residents who possess authorization from a physician licensed to practice in that state. (Although Colorado state law also allows for a recreational cannabis market, which may be legally accessed by out-of-state residents, at present time such high-CBD concentrates are seldom available at retail outlets.)

Additional cannabidiol-specific measures also remain pending in Florida and South Carolina, among other states. NORML will report on these measures as they progress and we will continue to express caution in regards to their practical utility for those patients who require immediate access to whole-plant cannabis and its variety of naturally-occurring compounds.

Tennessee: Lawmakers Approve Measures Reclassifying Hemp As An Agricultural Commodity

State lawmakers have signed off on legislation, Senate Bill 2495/House Bill 2445, to reclassify and regulate industrial hemp.

The legislation now goes to Republican Gov. Bill Haslam for his signature.

The measures reclassify cannabis possessing less than 0.3 percent THC as an industrial crop rather than a controlled substance. The legislation calls on the state Department of Agriculture to develop rules and regulations governing the licensed production of industrial hemp by Tennessee farmers. Regulators have up to 120 days following the bill’s passage to enact these licensing guidelines.

Lawmakers in Indiana and Utah previously enacted legislation earlier this year authorizing state regulators to oversee the cultivation of industrial hemp for commercial and/or research purposes.

According to the Congressional Resource Service, the US is the only developed nation that fails to cultivate industrial hemp as an economic crop. However, in February, members of Congress for the first time approved language in the omnibus federal Farm Bill allowing for the cultivation of industrial hemp in agricultural pilot programs in states that already permit the growth and cultivation of the plant. Ten additional states — California, Colorado, Kentucky, Maine, Montana, North Dakota, Oregon, Vermont, Washington, and West Virginia — have enacted legislation allowing for industrial hemp research and/or reclassifying the plant as an agricultural commodity under state law.

Study: Enactment Of Medical Cannabis Laws Not Associated With Higher Crime Rates

The enactment of medicinal cannabis laws is not associated with any rise in statewide criminal activity and may even be related to reductions in incidences of violent crime, according to data published online in the journal PLoS ONE.

Researchers at the University of Texas at Dallas tracked crime rates across all 50 states between the years between 1990 and 2006, a time period during which 11 states legalized marijuana for medical use. Authors reviewed FBI data to determine whether there existed any association between the passage of medicinal cannabis laws and varying rates of statewide criminal activity, specifically reported crimes of homicide, rape, robbery, assault, burglary, larceny, and auto theft.

Investigators reported that the passage of medical marijuana laws was not associated with an increase in any of the seven crime types assessed, but that liberalized laws were associated with decreases in certain types of violent crime.

“The central finding gleaned from the present study was that MML (medical marijuana legalization) is not predictive of higher crime rates and may be related to reductions in rates of homicide and assault,” authors reported. “Interestingly, robbery and burglary rates were unaffected by medicinal marijuana legislation, which runs counter to the claim that dispensaries and grow houses lead to an increase in victimization due to the opportunity structures linked to the amount of drugs and cash that are present. Although, this is in line with prior research suggesting that medical marijuana dispensaries may actually reduce crime in the immediate vicinity.”

Researchers concluded: “Medical marijuana laws were not found to have a crime exacerbating effect on any of the seven crime types. On the contrary, our findings indicated that MML precedes a reduction in homicide and assault. … In sum, these findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.”

Full text of the study, “The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006,” appears online here.

Maryland: Lawmakers Eliminate Criminal Penalties For Minor Marijuana Possession Offenses

Maryland lawmakers have given final approval to legislation to eliminate criminal penalties for minor marijuana possession offenses.

Members of the state House of Delegates on Saturday passed the measure by a vote of 78 to 55. Members of the Senate on Monday approved the bill by a vote of 34 to 8. Democrat Gov. Martin O’Malley acknowledged that he intends to sign the bill into law.

The forthcoming law reduces existing penalties for marijuana possession offenses involving ten grams or less from a criminal misdemeanor (presently punishable by arrest, up to 90 days in jail, a $500 fine, and a criminal record) to a non-arrestable, non-criminal fine-only offense ($100 fine for first-time offenders, $250 for second-time offenders).

The new law will take effect on October 1, 2014.

According to a recent ACLU report, Maryland in 2010 possessed the fourth highest rate of marijuana possession arrests per capita of any state in the country.

Maryland’s pending law is similar to existing decriminalization laws in California, Connecticut, Maine, Massachusetts, Nebraska, New York, Oregon, Rhode Island, and Vermont where private, non-medical possession of marijuana is treated as a civil, non-criminal offense.

Five additional states – Minnesota, Mississippi, Nevada, North Carolina, and Ohio – treat marijuana possession offenses as a fine-only misdemeanor offense.

Three states – Alaska, Colorado, and Washington – impose no criminal or civil penalty for the private possession of small amounts of marijuana.

In March, lawmakers for the District of Columbia also approved legislation reducing penalties for the possession or transfer of up to one ounce of marijuana from a criminal misdemeanor (punishable by up to 6 months incarceration and a maximum fine of $1,000) to a civil violation (punishable by a $25 fine, no arrest, no jail time, and no criminal record). The measure is subject to a 60-day review period by members of Congress before it can become District law.

Maryland lawmakers on Monday also approved separate legislation amending the state’s existing medical marijuana law, which had been largely nonfunctional. The pending law will allow for qualified patients to obtain cannabis for therapeutic purposes from state-licensed producers and distributors.