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El. knyga: Legalizing Cannabis: Experiences, Lessons and Scenarios

Edited by (Massey University, New Zealand), Edited by (Curtin University, Australia), Edited by (University of Ghent, Belgium)

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Marijuana is the most widely used illegal drug in the world. Over the past couple of decades, several Western jurisdictions have seen reforms in, or changes to, the way cannabis use is being controlled, departing from traditional approaches of criminal prohibition that have dominated cannabis use control regimes for most of the twentieth century. While reform is stalled at the international level, the last decade has seen an acceleration of legislative and regulatory reforms at the local and national levels, with countries no longer willing to bear the human and financial costs of prohibitive policies. Furthermore, legalization models have been implemented in US states, Canada and Uruguay, and are being debated in a number of other countries. These models are providing the world with unique pilot programs from which to study and learn.

This book assembles an international whos who of cannabis scholars who bring together the best available evidence and expertise to address questions such as: How should we evaluate the models of cannabis legalization as they have been implemented in several jurisdictions in the past few years? Which scenarios for future cannabis legalization have been developed elsewhere, and how similar/different are they from the models already implemented? What lessons from the successes and failures experienced with the regulation of other psychoactive substances (such as alcohol, tobacco, pharmaceuticals and legal highs) can be translated to the effective regulation of cannabis markets?

Legalizing Cannabis will appeal to anyone interested in public health policies and drug policy reform and offers relevant insights for stakeholders in any other country where academic, societal or political evaluations of current cannabis policies (and even broader: current drug policies) are a subject of debate.

Recenzijos

"As more countries look to follow evidence-based policies on drug law reform, this book is a welcome addition to the literature on this subject. The "war on drugs" has been a failure. Policy-makers need to know what the alternatives to futile attempts to prohibit drugs are. This book draws on the work of international experts to explore such options." -Rt Hon Helen Clark, Former Prime Minister of New Zealand and Member of the Global Commission on Drug Policy.

"This is a comprehensive account of the diverse forms that cannabis legalization has taken in recent years, with a separate chapter telling the story and considering the lessons for each case, ranging from Uruguay to Spain to Canada, with US states, Jamaica, the Netherlands and other places in between. Other chapters consider lessons for cannabis control from regulation of alcohol and of tobacco, and from New Zealands attempts to regulate "legal highs". Its a "must read" for anyone interested in drug policy: its histories are memorable, its interpretations thought-provoking. Its worthwhile reading too for anyone interested in market regulation, in public health policy, or in law reform." - Prof. Robin Room, Centre for Alcohol Policy Research, La Trobe University.

"Professors Decorte, Lenton, and Wilkins have assembled a global all-star team of drug policy researchers for this excellent book. Its a must read for those seeking new insights about the past, present, and future of cannabis legalization." - Dr. Beau Kilmer, coauthor of Marijuana Legalization: What Everyone Needs to Know and director of the RAND Drug Policy Research Center

CHOICE, October 2021 Vol. 59 No. 2:

"From 1964 through 1989 the Single Convention on Narcotic Drugs predicted that non-medical use of cannabis ingredients would be eliminated throughout the world. This prediction never materialized. Instead, the marijuana market in the US alone was estimated at $2.3 billion in 2019 and was expected to reach $4.5 billion in 2020. The UN reported that approximately 250 million people use marijuana globally, making it the most widely used illicit drug in the world. This volume is thus a must-read to understand the legalization trends in other nations, what the nature of future cannabis legalization will be, and how regulation of other drugs such as tobacco and alcohol can inform the necessary regulation of marijuana markets. This book should appeal to public health enthusiasts with an interest in learning about the experiences, lessons, and scenarios of countries around the world that struggle to create public policy to address the rapidly growing international marijuana markets, which have been flourishing recently with the rise in medicinal marijuana use and the growth of recreational marijuana use. This reviewer strongly recommends this volume for anyone interested in understanding the growth of international drug markets." - P. J. Venturelli, Emeritus, Valparaiso University

Summing Up: Highly recommended. Advanced undergraduates through faculty; professionals.

List of figures
xvii
List of tables
xviii
Contributors xix
Foreword xxvii
Acknowledgments xxx
List of abbreviations
xxxii
Introduction 1(8)
Tom Decorte
Simon Lenton
Chris Wilkins
A new era in cannabis policy
1(1)
Legalization reforms are stimulating policy debates
2(2)
What this book is about
4(1)
How this book is organized
5(4)
PART I The new legal cannabis markets
9(122)
1 The uneven repeal of cannabis prohibition in the United States
11(28)
Bryce Pardo
Introduction
11(2)
Background
13(4)
Medical cannabis
13(3)
Evolving public opinion and policy impasse
16(1)
State repeal efforts of non-medical cannabis
17(11)
Pioneer states
17(3)
Second wave of voter initiatives
20(3)
Third wave of voter initiatives
23(3)
Legislative efforts
26(1)
Recent and future repeal
27(1)
Comparative analysis of regulations
28(11)
2 Practical lessons learned from the first years of the regulated recreational cannabis market in Colorado
39(23)
Tgdd Subritzky
Simon Lenton
Simone Pettigrew
Introduction and background
39(8)
Market insights
40(2)
The emerging literature
42(2)
Colorado public health framework
44(2)
Evolution of Retail Marijuana Code (RMC)
46(1)
Tension between commercialism and public health
47(7)
Constitutional constraints on public health best practice
48(1)
Marketing and advertising
48(3)
Budtenders and the retail experience: observations from the field
51(1)
Pesticides
52(2)
Lessons learned
54(8)
3 Recreational marijuana legalization in Washington State: benefits and harms
62(27)
Clayton Mosher
Scott Akins
Introduction
62(1)
The path to marijuana legalization in Washington State
62(4)
Policy heterogeneity and local variation
66(2)
Outcomes
68(1)
Adolescent marijuana use
69(6)
Marijuana-impaired driving
75(4)
Additional outcomes
79(2)
Diversion
79(1)
Criminal justice system costs
80(1)
Tax revenues
80(1)
Conclusion
81(8)
4 A century of cannabis control in Canada: a brief overview of history, context and policy frameworks from prohibition to legalization
89(27)
Benedikt Fischer
Cayley Russell
Neil Boyd
Introduction
89(1)
Cannabis control in Canada --- early history
89(3)
Recent twenty-first century developments
92(1)
Medical cannabis: plant-based therapy or "side-door legalization"?
93(3)
The way to "non-medical" cannabis legalization
96(2)
The Canadian cannabis legalization framework
98(3)
The (heterogeneous) provincial regulation frameworks
101(3)
Discussion and questions
104(4)
What is the practical feasibility and uptake of the proposed legalization framework?
104(1)
What will the public health effects of legalization be?
105(1)
What will happen to cannabis use among young people?
105(1)
How will the cannabis industry evolve and conduct itself?
106(1)
Will the heterogeneity of provincial regulation frameworks matter?
107(1)
How will Canada deal with the international treaties?
107(1)
Conclusion
108(8)
5 Uruguay: the first country to legalize cannabis
116(15)
Rosario Queirolo
Uruguay: the first country to legalize recreational marijuana
116(2)
Legalizing to increase public security
118(2)
Three means of acquisition: clubs, pharmacies and home growers
120(2)
Strengths and weaknesses of the implementation
122(3)
Lessons to be learned
125(6)
PART II General models of reform
131(78)
6 Cannabis decriminalization policies across the globe
133(21)
Niamh Eastwood
Introduction
133(1)
The criminalization of cannabis related activities --- a relatively recent phenomenon
134(1)
A declaration of "war" and a partial retreat
134(1)
What is meant by decriminalization?
135(1)
The different paths towards decriminalization --- a global experience
136(5)
Drivers for legislative reforms leading to decriminalization of possession offenses
136(2)
Constitutional Courts --- developing a rights-based approach to drug use and possession
138(2)
Dc facto decriminalization --- non-enforcement of the law
140(1)
The impact of decriminalization policies
141(1)
Effects of cannabis decriminalization on levels of consumption
141(4)
Social outcomes associated with decriminalization
143(1)
Economic benefits of the approach
144(1)
Decriminalization of personal use offenses for cannabis is not a silver bullet
145(9)
Implementation problems - thresholds, net-widening, sanctions and racial disparities
145(3)
Beyond decriminalization --- regulating the market
148(6)
7 "More than just counting the plants": different home cannabis cultivation policies, cannabis supply contexts and approaches to their evaluation
154(26)
Vendula Belackova
Katinka Van De Ven
Michaela Roubalova (Stefunkova)
Background
154(4)
Home cultivation and cannabis policy options
155(1)
Outcomes of home cultivation policies --- analogies with medicinal marijuana
156(1)
Outcomes of home cultivation policies --- studies of cultivation for recreational use
157(1)
Methods
158(6)
Findings
164(4)
Depenalization of home cultivation
164(1)
Decriminalization of home cultivation
165(1)
Legalization of home cultivation
166(1)
Number of cannabis plants
166(1)
Other circumstances of cannabis cultivation
167(1)
Cannabis after harvest
167(1)
Discussion
168(6)
The complexity of home cultivation policies and impact on policy outcomes
169(1)
Evaluation of home cultivation policies --- cost of law enforcement
170(1)
Evaluation of home cultivation policies --- population-level outcomes
171(1)
Operational-level assessments of home cultivation policies
172(1)
Towards methodology of assessing home cultivation policies
173(1)
Conclusions
174(6)
8 City--level policies of regulating recreational cannabis in Europe: from pilot projects to "local customization"?
180(29)
Tom Blickman
Catherine Sandwell
Introduction
180(1)
Multi-level governance and local customization
181(3)
Policy shifts regarding recreational cannabis
184(2)
Drug policy and local authorities in Europe
186(2)
Cannabis policy at the local level: the Dutch experience
188(4)
Repression and regulation in Denmark
192(2)
Local authorities take the initiative
194(2)
Switzerland: towards local experiments
196(2)
Germany: the fight for pilot projects
198(2)
Towards "local customization"?
200(9)
PART III Lessons from alcohol, tobacco and legal highs
209(74)
9 Lessons learned from the alcohol regulation perspective
211(22)
Tim Stockwell
Norman Giesbrecht
Adam Sherk
Gerald Thomas
Kate Vallance
Ashley Wettlaufer
Introduction
211(1)
Similarities and differences between alcohol and cannabis
212(1)
The availability and the single distribution theories of alcohol consumption: do they apply to cannabis?
213(2)
Policy domain 1 What can be learned from alcohol pricing and taxation strategies?
215(4)
Excise and sales taxes: principles to consider
216(1)
Minimum or "floor" prices
217(2)
Policy domain 2 What can be learned from policies that influence the physical availability of alcohol?
219(1)
Policy domain 3 What can be learned from government controls of alcohol markets?
220(4)
Policy domain 4 Health messaging on product labels and at point-of-sale
224(2)
Conclusions
226(7)
10 Lessons from tobacco regulation for cannabis product regulation
233(26)
Coral Gartner
Wayne Hall
Background
233(1)
Evolution of the "cigarette epidemic" and public health responses
233(1)
Application to legal cannabis markets
234(2)
Demand reduction strategies
236(6)
Anti-smoking mass media campaigns
236(1)
Taxation
237(2)
Controls on advertising and promotions
239(1)
Health warnings
240(1)
Product regulation to reduce the attractiveness and addictiveness of tobacco products
241(1)
Cessation treatment
241(1)
Supply reduction strategies
242(2)
Age restrictions
242(1)
Retailer licenses
243(1)
Illicit trade provisions
243(1)
Harm reduction strategies
244(3)
Smoke-free laws and policies
244(1)
Alternative nicotine products
244(2)
Product regulation
246(1)
Potential lessons from tobacco endgame discussions
247(3)
Abolition
247(1)
A regulated market model
247(1)
Restricting sales to non-profit enterprises with a health mandate
248(1)
Smoker licensing
248(1)
Sinking lid and cap-and-trade schemes
249(1)
Reducing the nicotine in smoked tobacco products to non-addictive levels
249(1)
Conclusions
250(9)
11 How not to legalize cannabis: lessons from New Zealand's experiment with regulating "legal highs"
259(24)
Maria Rychert
Chris Wilkins
Introduction
259(1)
Policy context: New Zealand drug market and the new drugs phenomenon
260(1)
Restricted Substances Regime (RSR): market regulation that didn't happen
261(1)
Psychoactive Substances Act (PSA): a promise of comprehensive legal control
262(1)
Issues with implementing the PSA during the "interim regime"
263(6)
Identifying and monitoring interim approved products
264(2)
Controlling interim retail sales
266(1)
Public communications and regulatory workload
267(1)
Psychoactive Substances Amendment Act 2014: policy U-turn
268(1)
Implications for other countries: how not to legalize cannabis?
269(7)
Concluding remarks
276(7)
PART IV Earlier innovations in cannabis law reform
283(2)
12 Coffeeshops in the Netherlands: regulating the front door and the back door
285(1)
Dirk J. Korf
Introduction
285(1)
Cannabis criminalization and decriminalization
285(2)
From underground market to coffeeshops
287(1)
Rethinking the "Dutch model"
288(1)
Regulating the front door --- national and local policy
289(3)
Private club and residence criteria for coffeeshops
292(2)
Controlling the back door
294(1)
Local proposals for regulated supply to coffeeshops
295(1)
Manifest Joint Regulation and diverging views on international conventions
296(1)
Preparing a national experiment with regulated cannabis supply
297(4)
Summary and conclusion
301(6)
13 Cannabis social clubs in Spain: recent legal developments
307(1)
Xabier Arana
Oscar Pares
Background
308(1)
Methodology
309(1)
Findings
310(1)
Autonomous communities' regulations on CSCs
311(3)
Municipal bylaws on CSCs
314(1)
Recent legal developments
315(2)
The impacts of the changes in regulation and the court rulings on CSCs
317(2)
Discussion and conclusions
319(4)
14 Swiss cannabis policies
323(1)
Simon Anderfuhren-Biget
Frank Zobel
Cedric Heeb
Jean-Felix Savary
Introduction
323(1)
Cannabis policy reform at the federal level: the failed consensus
324(1)
Year 2008: a turning point for Swiss drug policy?
325(1)
Back to cannabis repression: the rise of the administrative logic
326(1)
Back to experimenting with drug policy: the "pilot-study strategy"
327(1)
The medical cannabinoids program overrun by its success
328(1)
The renewal of the Swiss cannabis sector: the CBD market
329(3)
Towards a new cannabis policy for Switzerland?
330(1)
A need for consensus and coalition building
331(1)
Building a cannabis regulation model for Switzerland
332(1)
Conclusion
333(4)
15 The Australian experience and opportunities for cannabis law reform
337(38)
Caitlin Elizabeth Hughes
Introduction
337(1)
Context
337(1)
The first wave of cannabis reform: prohibition with civil penalties schemes
338(3)
The second wave of cannabis reform: police cannabis diversion
341(2)
The third wave of reform: legalization of medical cannabis
343(2)
Other policy trajectories
345(18)
Policy expansions and streamlining of (therapeutic) diversion programs
345(16)
Policy reversals and contractions of the prohibition with civil penalty schemes
361(1)
Shifts in the discourse surrounding cannabis in Australia
362(1)
Lessons learned and future directions for cannabis legalization in Australia
363(6)
Model 1 Free market cannabis legalization
364(1)
Model 2 Legalization of home-grown cannabis
365(1)
Model 3 Government monopoly and public health approach to legalization and regulation
365(1)
Advantages and disadvantages
366(3)
Conclusion
369(6)
16 Cannabis policy reform: Jamaica's experience
375(16)
Vicki J. Hanson
Introduction
375(1)
Jamaica --- ganja history
375(3)
Jamaica's motivation for change
378(4)
Jamaica takes on the United Nations to change the cannabis discourse
382(1)
Jamaica's current dilemma
383(4)
Jamaica's way forward with cannabis
387(4)
PART V New cannabis legalization proposals
391(36)
17 The risks of cannabis industry funding of community and drug treatment services: insights from gambling
393(16)
Chris Wilkins
Marta Rychert
Introduction
393(2)
The gaming machine gambling trust regulatory regime in New Zealand
395(1)
Alcohol licensing trust regulatory regime in New Zealand
396(2)
General features of the community trust model
398(1)
A community trust regulatory regime for recreational cannabis
399(1)
Risks of cannabis industry funding of community groups
400(3)
Minimizing the risks of cannabis industry funding of the community sector
403(2)
Conclusions
405(4)
18 Insights for the design of Cannabis Social Club regulation
409(18)
Tom Decorte
Mafalda Pardal
Introduction
409(1)
Regulatory pathways for the CSC model
410(8)
Legal frameworks for CSCs in Uruguay and Spain
410(6)
Decorte's "detailed scenario for a non-profit cannabis market"
416(2)
Discussion
418(5)
A comparative analysis of CSC regulation
418(1)
What can we learn from the implementation of CSC legislation and CSCs' self-regulatory practices?
419(2)
The difficulty of finding the right balance: regulating while granting sufficient space for self-regulation
421(2)
Conclusion
423(4)
Conclusion
427(11)
Chris Wilkins
Simon Lenton
Tom Decorie
The new legal cannabis markets
421(8)
Re-evaluating decriminalization and depenalization approaches
429(2)
Lessons from local pragmatic responses
431(2)
Lessons from alcohol, tobacco and legal highs
433(2)
New cannabis legalization proposals
435(1)
Overall conclusions
436(2)
Index 438
Tom Decorte is Professor of Criminology and Director of the Institute for Social Drug Research (ISD) at Ghent University (Belgium). He is co-founder of the Global Cannabis Cultivation Research Consortium (GCCRC). His research interests include patterns of substance use, on the supply side of cannabis markets, and on the implementation of local drug monitoring systems. He has been advisor to a range of organizations on policies to improve public health relating to the use of drugs around the world.

Simon Lenton is a Professor and Director of the National Drug Research Institute at Curtin University, Australia, and works part time as a clinical psychologist. He has published widely on drugs, health and the law and provided advice to a range of government and private organizations on evidence-based drug policy and other drug issues.

Chris Wilkins is Associate Professor and is the leader of the drug research team at SHORE & Whriki Research Centre, Massey University, New Zealand. He has researched drug trends, drug markets and drug policy change. Dr Wilkins has been an invited speaker at international meetings in Europe, the United States and Australia.