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NCADD: Inside the Process to Legalize Recreational Cannabis

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NCADD: Inside the Process to Legalize Recreational Cannabis

Whether you agree with legalizing marijuana or not, the process is far from over. The new law creates retail licenses for marijuana, but localities have the option to opt out of this. Retail licenses will be limited to on-site consumption and delivery to private residences. Driving under the influence of marijuana remains illegal, and police can pull you over. Read on to find out how the process will unfold in your city.


Public health


As the debate over recreational cannabis enters Maryland's legislature, NCADD's chapter is considering the implications for public health policies. In addition to discussing the potential for legalization in Maryland, we consider the experiences of other states, which have navigated similar policies and have lessons to share. Listed below are some of these lessons:


First, Colorado should consider its public health role in the marijuana legalization process. By aligning state and local tax dollars with expected needs, public health should conduct population-based surveys to gather baseline marijuana use data. It should also develop and implement public health campaigns aimed at preventing youth use and promoting responsible adult use. After legalization, Colorado should ensure that these initiatives are effective and adhered to. While Colorado's legalization process is far from being over, these steps are necessary to ensure that the marijuana industry remains safe and responsible for its citizens.


Secondly, marijuana laws have mixed effects on alcohol consumption. Some studies show a substitutional effect, while others find a complementary effect. Research on recreational cannabis laws has found that there are significant declines in alcohol use, while insignificant increases were observed in cigarette use. Thirdly, the literature on legalization of recreational cannabis does not provide definitive answers, although studies have begun to analyze the differential impact of legalization across different tobacco products. For example, a study by Rebekah Coley and colleagues concluded that legalization of cannabis laws increased the use of e-cigarettes, but no impact was seen on cigarette use.


The lack of data for accurate conclusions regarding the effects of legalizing recreational cannabis should be a significant consideration when designing legal markets. By adopting a clear definition of marijuana use, researchers could better evaluate the potential effects of legalization on the health of individuals and society. Beyond the simple prevalence and intensity, it should also incorporate social equity considerations and work to develop standardized dosage definitions and methods of collection. These measures will require considerable resources, which should be weighed against their feasibility.


If Congress does decide to legalize recreational cannabis, it should wait until half the states have passed legislation that allows commercial entities to operate legally. Otherwise, the industry will dominate the national process and have little influence on the final legislation. Further, state-by-state quasi-legalization will exacerbate the problem of Cannabis Use Disorder, which is a major public health issue. As a result, Congress should not rush into legalizing cannabis, but should rather wait until half of states have passed legalization legislation.


Taxes


There's a big question mark over the taxation of marijuana. While it's not a small amount, it could add $117 million to the state's mental health budget. This would boost the state's general fund by 11 percent. That money could fund everything from mobile psychiatric crisis units to coordinated specialty care for first-time psychosis sufferers. If it were invested in mental health services, that same $117 million could pay for nearly 476,000 calls to a suicide hotline.


The new marijuana legislation proposes a 20 percent tax on cannabis sales, with the money split between seven percent sales tax and a new 10 percent cannabis tax. Additionally, the legislation calls for investments in equitable cannabis retail markets, while also ensuring that prices do not increase problematic use. This is also a topic that drug policy reform advocates are grappling with. The tax structure of the cannabis industry is complex, and the nuances of each state's process are complicated.


Tax revenue generated by the sales tax on marijuana is difficult to track. While Washington state and Oregon have dedicated departments to track marijuana sales, the Massachusetts Cannabis Control Commission does not collect taxes on marijuana sales. The revenue from the sales tax will go to the general fund, while twenty percent will be directed to "impact zones."


The tax revenue generated by marijuana sales was a significant motivating factor for states to legalize recreational cannabis. This new approach allowed the state government to reframe the marijuana debate in terms of government funding, and the economic benefits it brought to the communities. However, it has implications for the future legalization of marijuana in the country. There are many benefits to legalization. The biggest of these is that the legalization of marijuana will encourage an economic boost for the entire nation.


In the first two years after legalization, Colorado and Washington State began selling marijuana. These two states have only been operating on a recreational basis for a few years. In addition to generating millions for state budgets, the legalization of marijuana has benefited local governments, whose general funds can support essential services. That's why, as marijuana grows more popular, many states may consider legalizing it as a way to generate additional revenue.


Regulations


For New York, the state's new recreational cannabis law includes provisions for addressing racial disparities in the cannabis industry. A recent study showed that Black and Hispanic people in New York City had five times higher arrest rates for marijuana possession than whites. In Manhattan, the rate was even higher. But as the new law goes into effect, local governments may opt out of dispensaries. The government has said it is committed to a fair process and it is aiming to achieve this goal through public policy.


New York State's Cannabis Regulation law separates growers and processors from retail businesses, and sets standards for quality control and public health and consumer protection. The law also allows social consumption sites and delivery services for cannabis products. The cannabis industry will be regulated by an office called the Office of Cannabis Management, which will be part of the New York State Liquor Authority. A five-member Cannabis Control Board will oversee the new industry.


The new law would allow adults to grow up to six plants for personal use, but only three of them can be fully mature. Moreover, they would be allowed to grow up to five pounds of cannabis at home. The new law also enables adults to give marijuana to friends and family. Cannabis-infused products will be taxed at 20 percent. In addition, local municipalities will be allowed to levy up to 3% tax on sales.


In fact, marijuana is not only less harmful than opiates, but it can also serve an important role as a less addictive alternative to opiates. It is also becoming increasingly popular with the general public, which could lead to the legalization of cannabis for adult use. The federal government continues to classify marijuana as a Schedule I drug, which makes it illegal for many employers and employees. Nevertheless, many states have legalized marijuana for recreational use.


The state's Governor, Andrew Cuomo, signed legislation to legalize recreational marijuana on March 31. The legislation includes provisions for legalizing the plant and establishing two regulatory bodies for its sale and distribution. The law also allows for the expungement of marijuana-related records. The bill was a result of several bills introduced by Democrats in the State Assembly. Despite the lack of consensus among Democratic legislators, the law will still be a long way from becoming law.


Public education


As New York begins the legalization process, school districts should assess their policies and practices to ensure they comply with the law. While marijuana is generally not illegal, disparities have emerged, with Black and Hispanic residents of the city experiencing disproportionate rates of arrests. Public education is also important in this regard. After all, if schools are to keep students and staff safe, they must teach them how to identify a student who is under the influence of marijuana.


In New Jersey, where marijuana is legal, state regulators chose marijuana education programs focusing on youth use, safe storage, and responsible adult use, rather than broader demand reduction. However, unlike tobacco-control programs, marijuana public education messages have been patterned after those of US alcohol and tobacco-control programs. Both aim to discourage risky and abusive use in vulnerable populations. To date, most marijuana states have implemented some level of marijuana education.


While schools cannot prohibit students and employees from using recreational marijuana, they can take action against them in the workplace. Although the new law does not specifically ban the use of marijuana on school grounds, independent schools may be able to refuse employment to anyone who uses marijuana. The same applies for school districts that ban the use of electronic nicotine delivery systems and vapor products. These schools should also have a policy stating their policies and expectations regarding marijuana use.


In Colorado, a study by the Health Department showed that the number of arrests for underage marijuana usage rose by 50% among African-American youth following legalization, whereas the number dropped by 10% among white youth. Although the legislation has been criticized for its racial disparities, it has led some state legislators to propose an independent study of the impacts of legalization on communities of color. The study commissioned by NCSL was an important step in understanding the impact of legalization on the marijuana industry in the state.


There are a number of challenges facing the detection of marijuana in everyday items, such as vaping devices, but delegates also spoke about challenges in high schools. Students ingested edible marijuana on school grounds and had difficulty understanding its potency. The CSBA did not take a position on the voter-approved Proposition 64 initiative, but rather focused on the challenges that might arise when legalization goes into effect.

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