Legalization of Recreational Marijuana: Colorado, Washington, Oregon, Alaska and Washington DC

Campaign for a Safe & Healthy Massachusetts: A Diverse, Bi-Partisan Coalition of Organizations, Advocates and Civic Leaders Oppose the Ballot Measure

Health Care Massachusetts Hospital Association, Massachusetts Medical Society, Association for Behavioral Healthcare, National Association of Mental Illness of MA, Conference of Boston Teaching Hospitals, Association of School Nurses Business Associated Industries of Massachusetts, Retailers Association of Massachusetts, Construction Industries of Massachusetts, Massachusetts Business Roundtable Educators and Community Leaders Massachusetts Municipal Association, Massachusetts Association of Superintendents, Action for Boston Community Development Public Safety All Massachusetts District Attorneys, Massachusetts Sheriffs Association, Massachusetts Chiefs of Police Elected Officials Governor Charlie Baker and Lieutenant Governor Karyn Polito (R) Boston Mayor Martin J. Walsh (D) Speaker Robert DeLeo (D) Attorney General Maura Healey (D) Congressmen Joe Kennedy III, Bill Keating, Stephen Lynch and Niki Tsongas (All D) 121 State Senators and Representatives across the Commonwealth (86 D, 35 R)

Context Matters Current law and policy in Massachusetts on marijuana

In Massachusetts, marijuana is already:

• De-criminalized. Massachusetts de- criminalized marijuana possession in 2008. People are not being arrested, jailed, or receiving a criminal record for possession of usage amounts of marijuana.

• Available for medical marijuana uses. Voters approved medical marijuana legislation in 2012. Residents who seek marijuana for therapeutic purposes are getting access.

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Legalization of Recreational Marijuana: Colorado, Washington, Oregon, Alaska and Washington DC

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Who is Behind Question 4? 96% Of All Funding Comes From Out of State

The commercial marijuana industry is big business, focused on the marketing and sale of marijuana, including edibles.

A major backer of Question 4 is the national lobbying group, the Marijuana Policy Project. Its Board of Directors includes: • CEO of Dixie Elixirs (manufacturer of edibles like chocolate covered pretzels and wild berry lemonade) • CEO of Med-West (manufacturer of marijuana edibles) • CEO of ArcView Group (marijuana investment firm)

4 Marijuana Industry Profit Model Marijuana that’s far more potent than it used to be

Marijuana for sale in Colorado averages 17% to 18% THC, which is several times more potent than was common in the 1980s.

Sources: “Colorado Marijuana Study Finds Legal Weed Contains Potent THC Levels,” NBC News, 3/23/2015; “Marijuana Equivalency in Portion and Dosage,” Colorado Department of Revenue, 8/10/2015 5

High Potency Edibles That Are Risk For Our Kids. (No Limits On Potency. Nearly 50% of Sales.)

6 High Potency Edibles (Aggressive Marketing and Promotion)

7 Inevitable Increase In Drugged Driving (And no Breathalyzer equivalent to detect or deter it)

8 Changing The Face Of Our Communities

Sources: MED Licensed Facilities – Colorado Department of Revenue; Directory of Registered Dispensaries – Medical Marijuana Dispensary Program, Oregon; Starbucks Locations in Colorado; McDonalds Locations in Colorado; Weekly Marijuana Report, June 1st – Washington State Liquor and Cannabis Board 9

Changing the face of our Communities Denver has 454 Marijuana Businesses and Counting

Source: Active Marijuana Licenses & Locations – City of Denver

“Home Grows” Allow Neighbors To Grow a Pot Shop Next To You, Next To A School

MA ballot measure would permit residents to legally grow up to 12 marijuana plants per household, even over neighbors’ objections

• 12 plants are worth tens of thousands of dollars, and is almost unenforceable. • Creates motivation for break-ins and robberies; objectionable conditions for neighbors (e.g. odor). • In Colorado, home grows have become cover for criminal operators that sell illegally out-of-state or on Craigslist.

Sources: Colorado.gov “Home Grow Laws:” Alaska.gov “Get the Facts About Marijuana;” Oregon.gov “Recreational Marijuana FAQ;” WA.gov “FAQs on I-502”; “Police crack down on Craigslist marijuana sales,” Fox 31 Denver, 5/13/2016; Report of the Special MA Senate Committee on Marijuana, March 2016 11 Marijuana Impacts: Teen Use

Since becoming the first state to legalize, Colorado has risen to become the #1 state in the nation for teen marijuana use.

The top 17 states in teen usage have legalized marijuana for commercial or medical purposes

Sources: “State Estimates of Adolescent Marijuana Use and Perceptions of Risk of Harm from Marijuana Use: 2013 and 2014,” SAMHSA (Substance Abuse and Mental Health Service Administration); “Monitoring the Future Survey, Overview of Findings,” National Institute on Drug Abuse, December 2013

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A Giveaway To the Marijuana Industry Taking Control Away From Homeowners And Communities

• SETS NO limits on potency • SETS NO LIMIT on the number of stores that can sell marijuana statewide or number of operations to grow or manufacture marijuana • SPECIFICALLY AUTHORIZES marijuana edibles (products like candy bars, gummies, “cannabis cola,” etc.), oils and concentrates • ALLOWS FOR MASS MARKETING of marijuana products • SEVERELY limits municipalities’ (and the state’s) ability to limit the nature and presence of the marijuana industry in their communities. • BARS communities from restricting “home grows.” • GUARANTEES PREFERENTIAL LICENSING for existing industry insiders • SETS tax rate very low, meaning little or no net revenue benefit • HAS NO protections against drugged driving • INCLUDES LEGAL LOOPHOLE for the marijuana industry to challenge and potentially invalidate any state or local rule deemed “unreasonably impracticable.” 13

CommercialMarijuana Legalization is safer than Arguments alcohol, so Realitywe should Check: Racial Disparities and Poorer Neighborhoods reulate it like alcohol Reality: In CO, racial disparities in marijuana arrest rates have increased (not decreased) the marijuana industry has disparately impacted poorer communities.

In one poorer Denver neighborhood, there is one Colorado Juvenile Marijuana pot business for every 47 residents. Arrests Since Legalization14 CommercialMarijuana Legalization is safer than Arguments alcohol, so Realitywe should Check: Opioid Crisis reulate it like alcohol Reality: Colorado has seen a 350% increase in heroin deaths over last five years – higher than national average.

15 CommercialMarijuana Legalization is safer than Arguments alcohol, so Realitywe should Check: Opioid Crisis reulate it like alcohol Reality: Colorado stands out as the only state that is a top consumer of all four substances – marijuana, cocaine, alcohol and non-medical opioids.

Source: Survey Colorado stands out for consuming drugs, alcohol, Washing Pots 5/23/16 16 Commercial Legalization Arguments Reality Check: Revenue Reality: According to Senate Report, revenues from Question 4 are expected to be offset by the added costs to regulate it.

“We’ve never, we can’t dedicate funding to schools and roads. We’ve never used language like that.” – Jim Borghesani of the Campaign To Regulate Marijuana Like Alcohol on revenues to be generated by Question 4

“Tax revenues and fees that would be generated from legal sales may fall short of even covering the full public and social costs (including regulation, enforcement, public health and safety, and substance abuse treatment), and should not be expected to provide a significant new funding source for other public needs such as education or transportation.”

--Report of the Special MA Senate Committee on Marijuana, March 2016

17 CommercialMarijuana Legalization is safer than Arguments alcohol, so Realitywe should Check: Black Market reulate it like alcohol Reality: Legalization doesn’t eliminate black market and, in fact, has created new opportunities for criminals.

“The black market is alive and well and will continue to thrive in Colorado.”

--Mark Vasquez, head of the Colorado Association of Police Sources: “The Failed Promise of Legal Pot,” The Atlantic, 5/29/2016; “More illicit pot Chiefs’ marijuana working group, quoted in May 2016 being grown in Colorado homes, shipped out of state,” Denver Post, 4/15/2016 18

What They Are Saying

“Our state has already decriminalized the drug for personal use, and we’ve made it legally available for medical use. The question before us now is whether marijuana should be fully legal and widely available for commercial sale. We think the answer is “no.” -Governor Charlie Baker, Boston Mayor Martin Walsh, AG Maura Healey

“Drug policy is all about reducing demand, and a company that has a profit motive is only going to increase demand. Having a big commercial marijuana industry runs counter to public health goals.” -Dan Riffle, former lobbyist for the Marijuana Policy Project

“I would suggest wait a year or two and see how it goes.” -CO Governor John Hickenlooper offering advice to other states considering legalization. CNBC, June 2016

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Sources

“Legal marijuana could be a $1.1 billion industry in Mass. by 2020,” Boston Globe, 3/27/2016 https://www.bostonglobe.com/business/2016/03/27/legal-marijuana-could-billion-industry-mass-researchers-forecast/kNXpuKl0k4LKrLUTlaqfXL/story.html

“Colorado Marijuana Study Finds Legal Weed Contains Potent THC Levels,” NBC News, 3/23/2015 http://www.nbcnews.com/storyline/legal-pot/legal-weed-surprisingly-strong-dirty-tests-find-n327811

Marijuana Equivalency in Portion and Dosage, Colorado Department of Revenue, 8/10/2015 https://www.colorado.gov/pacific/sites/default/files/MED%20Equivalency_Final%2008102015.pdf

“High Times 2015 Vape Pen Buyer’s Guide,” High Times, 6/29/2015 http://www.hightimes.com/read/high-times-2015-vape-pen-buyers-guide

“What is Dabbing and How Do Dabs Work?,” Leafly, 10/13/2015 https://www.leafly.com/news/cannabis-101/is-dabbing-good-or-bad-or-both

“How to Dab Cannabis Concentrates,” Leafly, 12/9/2015 https://www.leafly.com/news/cannabis-101/how-to-dab-cannabis-concentrates

MED Licensed Facilities – Colorado Department of Revenue https://www.colorado.gov/pacific/enforcement/med-licensed-facilities

Directory of Registered Dispensaries – Medical Marijuana Dispensary Program, Oregon https://www.oregon.gov/oha/mmj/Pages/directory.aspx

Starbucks Locations in Colorado https://www.menuism.com/restaurant-locations/starbucks-coffee-39564/us/co

McDonalds Locations in Colorado https://www.menuism.com/restaurant-locations/mcdonalds-21019/us/co

Active Marijuana Licenses & Locations – City of Denver https://www.denvergov.org/content/denvergov/en/denver-marijuana-information/statistics/licensing-and-locations.html

“Persistent cannabis users show neuropsychological decline from childhood to midlife,” Proceedings of the National Academy of Sciences of the United States of America, 2012 http://www.pnas.org/content/109/40/E2657.abstract

“The Adverse Effects of Marijuana (for healthcare professionals),” California Society of Addiction Medicine http://www.csam-asam.org/adverse-effects-marijuana-healthcare-professionals

“Study: Pot Increases Heart Attack Risks,” ABC News, 6/12/2015 http://abcnews.go.com/Health/story?id=117399&page=1

“Learning About Marijuana – Potency of Marijuana,” University of Washington, Alcohol & Drug Abuse Institute http://learnaboutmarijuanawa.org/factsheets/potency.htm

“State Estimates of Adolescent Marijuana Use and Perceptions of Risk of Harm from Marijuana Use: 2013 and 2014,” SAMHSA (Substance Abuse and Mental Health Service Administration) http://www.samhsa.gov/data/sites/default/files/report_2121/ShortReport-2121.html

“Monitoring the Future Survey, Overview of Findings,” National Institute on Drug Abuse, December 2013 https://www.drugabuse.gov/monitoring-future-survey-overview-findings-2013

Weekly Marijuana Report, June 1st – Washington State Liquor and Cannabis Board http://www.liq.wa.gov/marj/dashboard

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Sources

“What legal marijuana in Mass. would mean for your town,” Boston.com, 4/22/2016 https://www.boston.com/news/local-news/2016/04/22/legal-marijuana-mean-town

“Medical pot dispensaries get first crack at licenses, exemptions under referendum,” CommonWealth, 5/24/2016 http://commonwealthmagazine.org/politics/medical-pot-dispensaries-can-cash-in-with-ballot-question/

Colorado.gov “Home Grow Laws” https://www.colorado.gov/pacific/marijuana/home-grow-laws

Alaska.gov, “Get the Facts About Marijuana” http://dhss.alaska.gov/dph/Director/Pages/marijuana/law.aspx

Oregon.gov “Recreational Marijuana FAQ;” https://www.oregon.gov/olcc/marijuana/Pages/Frequently-Asked-Questions.aspx#Personal_Use

WA.gov “FAQs on I-502” http://www.liq.wa.gov/mj2015/faqs_i-502

“Police crack down on Craigslist marijuana sales,” Fox 31 Denver, 5/13/2016 http://kdvr.com/2016/05/12/police-crack-down-on-craigslist-marijuana-sales/

“Stirring The Pot: Should Massachusetts Legalize Recreational Marijuana?,” WGBH’s The Scrum, 4/21/2016 http://blogs.wgbh.org/scrum/2016/4/21/should-mass-legalize-recreational-marijuana/

Report of the Special MA Senate Committee on Marijuana, March 2016 https://malegislature.gov/Document/Download?entityTypeName=PublicReport&generalCourtNumber=0&branchName=Public&entityNumber=49

“Prevalence of Marijuana Involvement in Fatal Crashes: Washington 2010 – 2014,” AAA Foundation for Traffic Safety, May 2016 https://www.aaafoundation.org/sites/default/files/PrevalenceOfMarijuanaInvolvementFS.pdf

“The Failed Promise of Legal Pot,” The Atlantic, 5/29/2016 http://www.theatlantic.com/politics/archive/2016/05/legal-pot-and-the-black-market/481506/

“More illicit pot being grown in Colorado homes, shipped out of state,” Denver Post, 4/15/2016 http://www.denverpost.com/2016/04/15/more-illicit-pot-being-grown-in-colorado-homes-shipped-out-of-state/

“Marijuana in Denver: Some Areas Saturated,” Denver Post http://extras.denverpost.com/maps/news/marijuana/licensed-facilities/

Marijuana Legalization in Colorado: Early Findings, Colorado Department of Public Safety, March 2016 http://cdpsdocs.state.co.us/ors/docs/reports/2016-SB13-283-Rpt.pdf

“Denver’s pot businesses mostly in low-income, minority neighborhoods,” Denver Post, 1/2/2016 http://www.denverpost.com/2016/01/02/denvers-pot-businesses-mostly-in-low-income-minority-neighborhoods/

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