A look back at the next five years.

 

As I write this on April 20, 2020, I’m impressed by how far the legalization movement has come since Washington and Colorado first voted to legalize recreational marijuana in 2012. I am still alarmed we’ve not yet overturned prohibition at the federal level, but let’s take a look at how far we’ve come.

STATES
Seventeen states have now legalized cannabis, including Minnesota, Florida, and, surprisingly, Arizona. The third time was a charm for California, which finally legalized weed after ballot initiatives were defeated in both 2010 and 2016. (In each of those elections, competing ballot measures confused and divided the already-stoned masses.)

Of the 17 states to fully legalize, tax, and regulate cannabis, only Hawaii and Massachusetts passed their laws through the legislative process. Aloha State Gov. David Ige said it best: “Sure, we could have had a ballot initiative, but we’re trying to save paper.” In 2018, Oregon became the first state to repeal legal cannabis, overturning the measure it passed in 2014. (Make up your mind, Dank Ducks.)

And who would have thought that Las Vegas would become the World’s Cannabis Capital over Denver, Seattle, or Berkeley? With dozens of 420-friendly resorts, StarBud cafes on every corner, and Amsterdam-themed casinos, Vegas, thankfully, is for adults again. What happens in Vegas stays in Vegas . . . because no one can remember what the hell happened in Vegas.

ECONOMY
Marijuana is now a $26-billion-a-year industry, successfully eclipsing organic food, cosmetics, and the NFL in sales. It has also garnered more than $9 billion a year in tax revenue, funding roads, infrastructure, drug education, and the nationwide Green Electric Train system. New Jersey has shown the most dramatic turnaround, from bankruptcy in 2017 to a huge surplus after turning its Jersey Shore boardwalk back into a smoky, lowbrow bacchanal. An often-overlooked benefit of the new economy is jobs, more than 250,000 of which have been created, including web developers, specialized security, “manicurists,” and cannabis chefs.

GANJAPRENEURS
The Green Rush has led to products and services no one could have imagined back in 2012, including the word’s first digital vape phone (iStoned), Tesla’s HempRoadster, CannaAspirin (a Privateer Holdings and Bayer joint venture), and Virgin’s Flying HotBox Airline. WeedTourism is also booming with Bud ’n’ Breakfasts, guided Ganja Artwalks, and Stoned Symphony Nights. Mergers and acquisitions have been fast and furious in Internet marijuana businesses (which, unlike the plant, can cross state lines): Leafly was purchased by Yelp, WeedHire by Monster, Weedmaps by Groupon, and Higher Ground by Time/Warner. Surprisingly, the top celebrity-endorsed weed strain was not Willie Nelson’s Reserve, Snoop Chronic, or (Bob) Marley’s Natural, but Kardashian Kush, which—according to all reviews—consistently knocks you on your gigantic ass.

Edibles currently make up 55 percent of the market, CBD oils and concentrates another 15 percent, and elixirs 23 percent, leaving flower (buds) to make up only 7 percent of marijuana sales.

MEDICAL
In 1995 not a single state had passed a medical-marijuana law, and only 25 percent of those polled believed in legalizing the drug. By 2015, 23 states had legalized medical cannabis. As of today (4/20/20), 42 states have now passed medical-marijuana laws, leaving only eight without any form of medicinal-cannabis law on the books. (We love you, Oklahoma, but rally yer wagons: Even gay marriage is fully legal in your state now.)

Today over two and a half million Americans receive some sort of support from cannabis-related products. Shockingly, five states have even allowed health-care providers to cover and reimburse medical-marijuana patients under their policies, including the newly formed Green Group Health Cross.

SCHEDULE 2
Perhaps Obama’s defining moment was not his (overturned, then re-implemented) Affordable Care Act, but his last-minute 2016 Executive Order that took marijuana off the Schedule 1 list of the Controlled Substances Act and downgraded it to Schedule 2. Although Schedule 2 drugs are still deemed to have high potential for abuse, cannabis is now clearly recognized for its medical benefits, and available for prescriptions.

This controversial move by a “What the Hell Have I Got to Lose” president has allowed clinical research roadblocks to be removed, delivering conclusive proof that cannabinoids are effective on chronic seizures, shrinking brain tumors, slowing Crohn’s disease, Parkinson’s, Alzheimer’s, and even helping with erectile dysfunction (who knew?). This last finding moved the last bastion of elderly white Congressmen holding up medical-marijuana legislation to act in several Southern states.

HEMP
After being cultivated for more than 12,000 years, hemp was finally fully legalized in 2018 with the Industrial Hemp Farming Act. Bred for its strong fiber, the sober sister to sativa has now replaced timber and concrete as the main building material in new home construction. With only trace amounts of THC, hemp is being used for clothing and rope, and hempseed oil now makes up over half the nation’s fuel supply. Hemp toilet paper, however, was a colossal flop, and we’ll leave it at that.

THE WAR ON DRUGS
The U.S. Supreme Court’s landmark ruling, Black Guy vs. DEA, stunned the nation by allowing states that have legalized marijuana to release and expunge records for individuals who had been convicted of nonviolent marijuana-related crimes. This ruling opened the floodgates for hundreds of thousands of (mostly African-American) men who had been incarcerated for crimes which are now minor infractions or fully legal. The case has led to nationwide changes in drug policy, redirecting an estimated $50 billion a year that had been previously spent on the War on Drugs to address more serious crimes (not to mention giving each and every U.S. citizen free cable for life). Writing for the majority, Supreme Court Chief Justice John Roberts commented, “In this particular case, it pains me to be consistent with my own values of states rights, individual liberties, unobtrusive government, and the pursuit of happiness.”

IT’S NOT ALL GOOD
As with any major public-policy change, there have been missteps in the movement. After plowing his golf cart into a set of extras on SuperBad 4, actor Seth Rogen became the first celebrity convicted of Driving Under the Influence of Marijuana. Blowing into a drugalyzer, Rogen registered a record THC level of 50 nanograms per milliliter. (Anything over five nanograms is the legal limit in Colorado.) America’s “If some is good, more is better” philosophy is kicking many smokers in the head, with THC levels skyrocketing to record heights. And while cannabis has still not been responsible for a single death the world over, the trend of “dabbing” (combusting highly concentrated cannabis with blowtorches and dab-rigs) is not only making pot smokers look like crack addicts, but energizing the “This is Your Brain on Dabs” antidrug crowd.

An active opposition still funds anti-marijuana campaigns (including Recall Cannabis efforts in legal states), primarily funded by the Koch Brothers (RIP), who left behind a massive Memorial Justice (MJ) endowment.

Sadly, many of our war veterans still do not have access to medical marijuana, which even back in 2015 had been proven to treat PTSD, anxiety, depression, and insomnia. Since marijuana is still illegal at the federal level, veterans fear being drug-tested, losing their jobs, or having their children and pensions taken away in the event that a less-favorable administration increases enforcement.

ACTIVIST NETWORKS AND THE MOVEMENT
Like MLK, Rosa Parks, Gandhi, and Harvey Milk before them, new activists are launching a marijuana movement involving personal rights, legal justice, and public involvement. These “Green Raiders” include Sen. Alison Holcomb (a key player with the ACLU and Initiative 502); now-Senator Barbara Lee (D-CA); New York Stock Exchange President Troy Dayton (previously of the ArcView Group); “Fuckit I Quit” Governor Charlo Greene (AK); U.S. Cannabis Ambassador Rick Steves; and newly appointed Hemp Czar Vivian McPeak (previously of Seattle Hempfest). This green group of pot evangelists is leading the way on organic standards for the industry, living wages ($25 an hour), thriving community unions, carbon-neutral chronic, and, most important, citizen empowerment on a host of vital issues.

Overall, legalization in 2020—as a (still) relatively new public experiment—is going swimmingly. With 20/20 vision, it’s clear the end of prohibition is in sight.

 

This article first appeared in the Seattle Weekly

A pot ad ran on TV—almost.

NOT READY FOR PRIME TIME

The first-ever recreational-marijuana ad for television was supposed to air last month duringJimmy Kimmel Live on a Denver-based ABC affiliate. At the last minute, KMGH (Channel 7) got cold feet, pulling the plug after the station’s lawyers freaked out.

The ad, for Neos, a vaporizer and cannabis-oil company, was hardly Cheech and Chong—in fact, it didn’t show marijuana at all. Instead, the spot featured young people hiking up mountain trails and enjoying themselves—weed-free. “You lead an adventurous life, always finding new ways to relax,” boomed the REI-looking advert. “Now enjoy the best effects and control with Neos portable vape pen and recreate discreetly this summer.” Blasphemous!

The station is owned by E.W. Scripps Company, which yanked the spot due to concerns the feds might revoke their broadcasting license for showcasing a substance on federal airwaves that’s illegal at the national level. “Scripps has decided not to accept marijuana advertising at this time,” said Scripps mouthpiece Valerie Miller. “We are proud to be a company of free speech and open expression, but we have concerns about the lack of clarity around federal regulations that govern broadcast involving such ads.”

The same last-minute ditch happened last week in Portland, when ABC affiliate network KATU pulled a marijuana-related commercial that was supposed to run during the six o’clock hour. Again, the ad didn’t feature fat nugs or hipsters firing up—it was for September’s Oregon Medical Marijuana Business Conference. And we’d hate for anyone to attend that, right!?

Ya can’t blame the stations, really; they’re terrified about the possibility of losing their FCC licenses. The Controlled Substances Act is serious and specific about not allowing advertising that promotes Schedule I drugs. In fact, a violation of Section 843 is a felony, kids, with prison time and a roommate who’s probably not nearly as friendly as those featured on ABC shows, includingRevenge, Scandal, American Crime, Castle, Rookie Blue, How to Get Away With Murder, et al…

Those marijuana ads may have gone up in smoke, but they’re the beginning of a move toward the mainstream. As noted, local and state laws are well and good, but issues like banking, medical coverage, insurance, and taxes—and now advertisements—are eventually going to need to be approved by Uncle Sam. (The FCC has no problem, of course, with the alcohol industry spending $2 billion a year on advertising and over $500 million on TV ads alone, much less Viagra ads galore.) Before you know it, a canna-company could be advertising alongside Bud Light in the Super Bowl. (Emphasis on the Bowl.)

CALIFORNIA 2016
The next governor of California, Gavin Newsom, spearheaded a report on legalization in his state, intended to influence the half-dozen groups crafting pro-marijuana ballot proposals for 2016. Before we get to the details, let’s note one important factor: Newsom’s an incredibly handsome bastard! Guy makes Gary Hart look downright hideous! (Sorry, Gary.)

The Blue Ribbon Commission on Marijuana Policy’s report emphasizes child safety, tight regulations on sales, safeguarding access for medical-marijuana users, and preventing the next “Big Tobacco.” God, he’s got great hair! (Sorry.) The 24-member panel, convened by the Brill Boy and American Civil Liberties Union of Northern California, lays out 58 recommendations addressing, among other things, training standards, stoned driving, age limits, and taxes for public health programs. “We’re not arguing for a free market,” noted the beautiful Lt. Governor. “We’re arguing for a very regulated market that has real oversight, that is flexible.” (I bet he’sflexible.)

The report recommends a flexible tax structure that’s not too high (which would encourage black-market exchanges) or too low (which would encourage teenagers), and that is also union-friendly. (When you’re in Cali, ya gotta kiss up to the unions, even the ones growing ganja.) It also suggests tax revenue go toward drug education, treatment programs, and policing illegal growers who are sucking up water from streams and public parks.

One small problem with the group’s report: Though there are a shitload of pot smokers in California (almost 15 percent of all pot smokers in the U.S.), overall it’s an export state! It’s estimated that California grows almost 40 percent of the nation’s marijuana—and exports over 70 percent of that! Makes me wonder if these powerful and rich growers really are interested in a seed-to-sale tracking system that taxes, inspects, licenses, and regulates marijuana.

OUT OF SIGHT
Gov. Jay Inslee just signed a new open-container law, making it illegal for unwrapped cannabis edibles and other weed products to be visible in the cockpit of a car. House Bill 1276 is an attempt to get marijuana laws in line with those pertaining to drinking and driving. Just as open alcohol containers are illegal inside vehicles (including the glovebox!), now weed is too. So keep your bong, joints, nugs, brownies, and baggies of Blueberry Kush in the trunk. And if you happen to be driving a VW bus that has no trunk (or minivan, Mom), the law states that marijuana items must be stored behind the seat furthest from the steering wheel. Which is probably where the pot smokers are hangin’ out anyway. What a long, strange road trip this has been . . .

Plus: Olympia’s plan to raise the smoking age.

Michael Stusser’s column appears weekly on HigherGroundtv.com as well as the Seattle Weekly and other newspapers around the country.

Marijuana-related business—and the cold, hard cash that comes with it—is the driving force behind the current Green Rush. In Washington and Colorado alone, consumers purchased $370 million worth of cannabis products in 2014. The U.S. market for legal ganja was $2.7 billion—up 75 percent from the previous year. If growth continues—and it will as more states legalize (most predict at least 15 more in the next five years, including California in 2016)—the projected numbers could soar to $11 billion by 2019. I don’t suggest investing in green stocks (after all, most of these businessmen and -women were literally drug dealers last year), but the dope frenzy is just getting started. So this week, let’s start with a market report.

GIRL SCOUT PUSHERS
The best ganjapreneurial story thus far hasn’t been about a boutique grower, high-tech vape, or artisan edible—it was a Girl Scout! For the second year in a row, 14-year old Danielle Lei has set up shop outside San Francisco’s Green Cross medical dispensary and sold boxes of cookies like gangbusters. (What a surprise!) This year the Super-Scout sold 208 boxes in two hours. While there have been no such efforts from the Seattle-based GS Troops (perhaps pestering potheads in front of Cannabis City is too politically incorrect in the Evergreen State), it does make me wonder if the Girl Scouts of America should make a licensing deal with some big-time edible maker. They could broker a hefty up-front fee and royalty, and allow Bhang Chocolates or 420Bars to make THC-Mints and Cannabis DeLites! Just don’t give any to Maureen Dowd. She’ll chow the whole box.

SMOKIN’ SINGLES
Another overlooked market in the marijuana space is the meet market. Over one-third of all couples married since 2005 met online. In addition to match.com and eHarmony, other dating sites help narrow the pool: VeggieDate is for vegetarians looking for love (and a salad), Equestrian Singles hooks up horse-lovers (that sounds weird), TrekPassions transports Trekkies together (“Live love and prosper!”), and Tastebuds attempts to unite music lovers of similar genres. (You’d hate to find out too far down the line that her favorite band is Mumford & Sons.) And now there’s a dating site that connects frisky 20-somethings by their common interest . . . in weed! High There is basically a Tinder app for stoners that matches not only the way you like to get high (bongs, vapes, edibles) but your energy level once you’re fully baked (while marijuana turns me into a hyperactive dancing housecleaner, others may prefer to remain couch-locked . . . ). It’s funny: People used to list drug use as a way to weed out potential paramours.

THE KETTLE FALLS 5
With all the openness of weed dating sites and potrepreneurs selling their wares in broad daylight, let’s not forget growing cannabis is still a federal crime, even here in Washington. In a high-profile case, five Stevens County residents, known as the Kettle Falls 5, are looking at mandatory 10-year sentences for growing marijuana for medical purposes and in compliance with state law. The U.S. attorney is of the mind that the collective had more weed than they needed and were selling ganja to others—thus they raided the property in August 2012 and seized 75 plants. Given the recent passage of the Cromnibus spending bill that bans any Department of Justice funds (read bulldozers, DEA submachine guns, etc.) from being spent on prosecuting medical-marijuana patients who comply with state law, the defendants were hoping to have the case dismissed. U.S. District Court Judge Thomas Rice instead dismissed the argument, and the trial is scheduled to begin Feb. 23 in Spokane. It’ll be hard for the family to build much of a defense, as medical marijuana doesn’t exist (and thus can’t be argued) at the federal level. The case should be a bellwether regarding future legal actions against medical collectives. On a side note, family patriarch Larry Harvey probably won’t have to stand trial . . . because he has Stage IV pancreatic cancer.

PUT THAT IN YOUR PIPE AND WAIT TO SMOKE IT
Finally, a bill being sponsored in the legislature by Rep. Tina Orwall would make Washington the first state in the country to raise the smoking age from 18 to 21. This point is moot for potheads, as the legal marijuana smoking age is already 21—not to mention the (almost unbelievable) study published in the Journal of the American Medical Association which shows that moderate long-term cannabis smoking is not associated with negative lung health. So let’s dogpile on tobacco—which will kill ya: Attorney General Bob Ferguson, who claims smoking kills 8,000 Washingtonians a year, strongly supports the idea of raising the puffing age. “We know that 95 percent of teens who don’t smoke by the time they are 21 never end up smoking,” he said. “It’s really important we are limiting access in those teenage years.” It’s estimated that a raise in the smoking age from 18 to 21 would cost the tobacco industry $20 million a year. Ya know what business they might get into to make up for those losses? Welcome to Marijuana-boro Country . . .