New Mexico: Latest Land of Enchanting Pot
America's 47th State is the latest to cash in on recreational pot, effectively April 1. Maybe we should pay attention to the first state's experiences to learn what's ahead
While war rages abroad and inflation ravages pocketbooks at home, the US House of Representatives found time to pass the MORE Act - the Marijuana Opportunity Reinvestment and Expungement Act last week. Three Republicans, Florida US Reps. Matt Gaetz and Brian Mast, along with their California colleague, Tom McClintock, joined 217 Democrats to narrowly pass the bill.
The legislation removes marijuana from the list of scheduled substances under the Controlled Substances Act and eliminates criminal penalties for an individual who manufactures, distributes, or possesses marijuana. That’s a big financial assist to the burgeoning cannabis industry in 18 states where recreational use is now legal. Why? Because cannabis is considered a “controlled substance,” dispensaries (pot shops) can’t access interstate banking systems, although alternative systems have emerged involving credit unions. It’s mostly a “cash only” business for now. Medical marijuana - excuse me, cannabis - requiring a doctor’s prescription is legal in 37 states.
The MORE Act, HR 3617, replaces statutory references to marijuana and marihuana with cannabis. A little friendly congressional rebranding, it seems. And it’s a big industry with interesting players, including a few from the tobacco and spirits industries.
Two Democrats joined 202 Republicans to vote against the bill, including US Reps. Chris Pappas (D-NH) and Henry Cuellar (D-TX). That’s a much narrower margin of defeat than when an almost identical bill passed with fewer “no” votes last year.
The bill does not have enough support in the Senate, so it’s in no danger of becoming law. At least for now.
Why did the vote margin drop from the last time it was approved?
The MORE Act passed by a larger 228-164 margin in December 2020, following November’s election (38 House members didn’t vote). Two Republicans who were among 5 voting for the bill last time are no longer in Congress - Virginia’s Denver Riggleman (defeated for renomination that year, he’s now a staff member on the House Special Committee investigating January 6th’s Capitol incursion) and the late Rep. Don Young (R-AK).
One notable Democrat, Pennsylvania’s US Rep. Connor Lamb - now running for the Democratic nomination for US Senate in the Keystone State - switched his vote. A “no” vote on recreational use looks bad in a Democratic primary when your chief opponent, Lt. Gov. John Fetterman, is a huge proponent of legal pot. Lamb will undoubtedly cite his “successful” amendment to the bill to mandate a study of cannabis use in the workplace as justification for his change of heart. That’s a pretty transparent fig leaf. Polls show Fetterman with a commanding lead.
Another switcher, from no to yes, Rep. Cherie Bustos (D-IL), is not seeking reelection this year from her conservative-leaning rural district. Two other Democrats were defeated in the 2020 election, Reps. Dan Lipinski (D-IL) and Collin Peterson (D-MN). Many of those 38 no-shows from 2020 and many newly elected members - mostly Republicans - helped tighten the margin. Perhaps the vote occurring before an election, not after, made some difference.
More notable to me was the “no” vote by New Mexico freshman US Rep. Yvette Harrell (R) the very week when her state, on April Fool’s Day, launched legal recreational pot sales. Weed sales netted a reported $2 million on Day One. The Land of Enchantment was one of five states last year that legalized recreational pot. “The (cannabis) industry has had a few banner years and 2021 was no exception,” Forbes Magazine reported. “Connecticut, New Mexico, New Jersey, New York, and Virginia all legalized adult-use this year.”
Maybe Rep. Harrell reads reports from the Rocky Mountain High-Intensity Drug Trafficking Area (RMHIDTA) on trends since Colorado became the first state, along with Washington, to legalize recreational cannabis in 2013. The RMHIDTA is a consortium of federal, state, and local law enforcement agencies in Colorado, Wyoming, Utah, and Montana that publishes a fascinating report every year on how marijuana - excuse me, cannabis - affects things like traffic fatalities and impaired driving, public health, black market prevalence, and tax revenues from cannabis sales to the state.
Here’s an example.
Pro-pot advocates, many of them paid by the growing cannabis industry, claim the reports are flawed because they don’t account for Colorado’s rapid population growth. While it’s true that the state’s population has grown by 800,000 people to 5.7 million since 2013, RMHIDTA accounts for it: “Throughout this report, rate per 100,000 is included to proportionately analyze various statistics.”
The trend is nearly identical in Washington state. Also, from the RMHIDTA report (THC is the substance in cannabis that puts you into an altered state of consciousness):
In Washington, the AAA Foundation for Traffic Safety studied fatal crashes from 2008 to 2017 to determine the impact of the legalization of recreational marijuana. The percentage of drivers involved in a fatal crash was 88% from 2008 to 2017 compared to only 29% of drivers involved in non-fatal crashes. Of the fatal crashes, an average of 8.8% of drivers were THC-positive from 2008 to 2012. Then after recreational marijuana was legalized, the average increased to 18% of drivers testing positive for THC from 2013 to 2017. The highest level was reached in 2017 with 21% of drivers testing positive for THC that were involved in a fatal crash.
A few more snippets from the report.
Since recreational marijuana was legalized in 2013:
Past month marijuana use for ages 12 and older increased 26% and is 61% higher than the national average, currently ranked 3rd in the nation.
Past month adult marijuana use (ages 18 and older) increased 20% and is 62% higher than the national average, currently ranked 3rd in the nation.
Past month college age marijuana (ages 18-25) use increased 10% and is 53% higher than the national average, currently ranked 3rd in the nation.
Past month youth marijuana (ages 12-17) use decreased 22% and is 39% higher than the national average, currently ranked 7th in the nation.
And this: “The percent of suicide incidents in which toxicology results were positive for marijuana has increased from 14% in 2013 to 29% in 2020.”
As for claims that legalizing recreational pot eliminates black market sales:
RMHIDTA Colorado Drug Task Forces (10) conducted 294 investigations of black-market marijuana in Colorado, resulting in:
168 felony arrests
5.54 tons of marijuana seized
86,502 marijuana plants seized
21 different states marijuana was destined
When Coloradans voted to legalize recreational pot in 2012, tax revenue from sales was promised to be substantial and dedicated to education. Colorado pot tax revenue accounts for about 1 percent of the state education budget. Two-thirds of the state’s local and county jurisdictions have opted out of legal cannabis, although the major population areas, especially Denver and ski resort communities, are in.
The usual argument for legal weed points calls for parity with alcohol. Aside from the societal damage caused by alcohol abuse, marijuana and its effects linger far longer in humans than spirits. And the combination of the two is especially deadly. That’s why RMHIDTA and others focus on traffic statistics. Manufacturers are rightly concerned about safety involving forklift operators and other forms of heavy machinery.
Dr. Todd Simo is the Chief Medical Officer for an employee background screening service. He spoke at an American Trucking Association conference in 2019, as reported by FleetOwner magazine:
“An alcoholic driver drives through the red lights, the intoxicated marijuana smoker stops at the green lights,” Simo said to a room full of laughter. “They are stopping there, wondering if they should go, right? Because they are so aware they are messed up. Well, the problem is that the studies are showing that the impairment of marijuana lasts longer than the intoxication window. So it’s different than alcohol.”
He added that the marijuana lobby has done a good job making the point that alcohol and marijuana are either the same or pot is better for you than alcohol. “Well from an occupational impairment perspective, marijuana is much worse than alcohol,” the doctor said.
There are good arguments for decriminalizing cannabis possession and expunging certain criminal records. And like alcohol consumption, light to moderate pot smoking (among other forms of consumption) isn’t likely to be a big problem. Medical benefits for many people are well documented. But the downsides cannot be ignored.
Perhaps when it comes to legal weed for recreation, the horse is way out of the barn. But the remaining 32 states where recreational use is still prohibited should resist Big Pot’s financial and political pressure and pay careful attention to health and safety trends.
Drive carefully.
Recommended reading: “Tell Your Children, The Truth About Marijuana, Mental Illness, and Violence, by Alex Berenson.