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California's Legislative Analyst's Office issued this report with the above title yesterday.

Proposition 64 (2016) directed our office to submit a report to the Legislature by January 1, 2020, with recommendations for adjustments to the state's cannabis tax rate to achieve three goals: (1) undercutting illicit market prices, (2) ensuring sufficient revenues are generated to fund the types of programs designated by the measure, and (3) discouraging youth use.... While this report focuses on cannabis taxes, nontax policy changes also could affect these goals.

Buy High, Sell Low

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Turns out cannabis stocks were a pretty lousy investment, Ciara Linnane reports for Market Watch.
Talal Ansari reports for the WSJ:

More than three-quarters of people who have developed severe lung illness after vaping reported using THC-containing products, a new report found, as officials continue to piece together a picture of the mysterious disease.

Addiction and Homelessness

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Christopher Rufo has an article in the City Journal titled An Addiction Crisis Disguised as a Housing Crisis: Opioids are fueling homelessness on the West Coast.

Progressive political activists allege that tech companies have inflated housing costs and forced middle-class people onto the streets. Declaring that "no two people living on Skid Row . . . ended up there for the same reasons," Los Angeles mayor Eric Garcetti, for his part, blames a housing shortage, stagnant wages, cuts to mental health services, domestic and sexual abuse, shortcomings in criminal justice, and a lack of resources for veterans. These factors may all have played a role, but the most pervasive cause of West Coast homelessness is clear: heroin, fentanyl, and synthetic opioids.

In states that have legalized marijuana, the predictions of beneficial effects by the legalization advocates have regularly fallen short.  Steven Malanga has this article in the City Journal.

It takes lots of marijuana to make 1 billion joints, but that's how much pot Oregon has on hand right now--enough to supply the state's marijuana "needs" for six years, even if production stopped right now. The vast oversupply is causing worries that growers, who have made huge investments in their business ever since Oregon legalized recreational marijuana use five years ago, will turn to the black market to dispose of inventory. That, state authorities fear, could lead to new federal enforcement in Oregon--prosecutors busted a black-market ring there last year. To stem the excess, Oregon is moving to deny new licenses to growers, but the state will likely have to take away some current licenses, too, or watch some growers go bust, before the problem disappears.

Apology Tour

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Rafael Mangual of the Manhattan Institute has this op-ed in the WSJ on former Veep Joe Biden and criminal justice. He was mostly right the first time.

Even before announcing that he would seek the Democratic presidential nomination, Joe Biden was busy apologizing. At a Martin Luther King Day speech to Al Sharpton's National Action Network, Mr. Biden said "I haven't always been right" about criminal justice and "white America has to admit there's still a systematic racism and it goes almost unnoticed by so many of us."

Not long ago Mr. Biden publicly defended his role in shaping the Violent Crime Control and Law Enforcement Act of 1994, which funded the hiring of more cops and encouraged more "truth in sentencing" by requiring that prisoners actually serve the majority of their sentences before becoming eligible for parole. That law, Barack Obama's vice president said in 2016, "restored American cities." Mr. Biden, who was chairman of the Senate Judiciary Committee in 1994, reiterated that view in his 2017 memoir.

Pot, Politics, and Parties

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Jennifer Peltz reports for AP:

To anyone who figured the path of legalizing recreational marijuana use ran along blue state-red state lines, a sudden setback for pot advocates in New Jersey may show the issue isn't so black-and-white.
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"It's a good illustration that even in a state that's entirely Democratically controlled, it's not obvious that it would be passed -- or that it would be easy," says Daniel Mallinson, a Penn State Harrisburg professor who studies how marijuana legalization and other policies spread among states.

A Not-So-Harmless Drug

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I felt a great disturbance in The Force.

This article by Stephanie Mencimer looks at Alex Berenson and his book Tell Your Children: The Truth About Marijuana, Mental Illness, and Violence.

The book was seeded one night a few years ago when Berenson's wife, a psychiatrist who evaluates mentally ill criminal defendants in New York, started talking about a horrific case she was handling. It was "the usual horror story, somebody who'd cut up his grandmother or set fire to his apartment--typical bedtime chat in the Berenson house," he writes. But then, his wife added, "Of course he was high, been smoking pot his whole life."

Berenson, who smoked a bit in college, didn't have strong feelings about marijuana one way or another, but he was skeptical that it could bring about violent crime. Like most Americans, he thought stoners ate pizza and played video games--they didn't hack up family members. Yet his Harvard-trained wife insisted that all the horrible cases she was seeing involved people who were heavy into weed. She directed him to the science on the subject.

We look back and laugh at Reefer Madness, which was pretty over-the-top, after all, but Berenson found himself immersed in some pretty sobering evidence: Cannabis has been associated with legitimate reports of psychotic behavior and violence dating at least to the 19th century, when a Punjabi lawyer in India noted that 20 to 30 percent of patients in mental hospitals were committed for cannabis-related insanity. The lawyer, like Berenson's wife, described horrific crimes--including at least one beheading--and attributed far more cases of mental illness to cannabis than to alcohol or opium. The Mexican government reached similar conclusions, banning cannabis sales in 1920--nearly 20 years before the United States did--after years of reports of cannabis-induced madness and violent crime.

None of this is surprising to those of us who have followed the legalization debate and the misrepresentations of harmlessness by the legalization lobby. What is surprising is where this article is published.

There is a two-step strategy to let more drug dealers out of prison. First, convince the people that prison overcrowding is caused by locking up large numbers of harmless, otherwise-law-abiding people for mere possession of marijuana for personal use. Second, take polls that ask people how they feel about tough sentencing for "non-violent drug offenders." When large majorities say they are against such toughness, having answered with personal-use defendants in mind, wave that around as public support for springing the dealers.

The "non-violent" part really grates on me. Can we assume that the leader of drug-dealing gang is "non-violent" merely because he has never been convicted of a violent offense? We know what happens to people who testify against gangsters.

The Foundation for Safeguarding Justice is an organization started by the National Association of Assistant United States Attorneys. The federal prosecutors know who they are really seeking prison sentences for, and they are justifiably horrified at proposals based on false premises. They commissioned a survey that asks people how they feel about going soft on drug traffickers rather than using the misleading term "non-violent drug offender."

It is not hard to guess the results of the change when the wording reflects the real issue of traffickers in "hard" drugs.
Rafael Mangual writes in the National Review:

The notion that America's criminal-justice system regularly locks up otherwise harmless people for minor drug crimes -- and does so largely because of thinly veiled racism -- has become a central article of progressive faith. It was thus not surprising to hear Massachusetts senator Elizabeth Warren invoke the notion at the liberal We the People Summit earlier this week. What's breathtaking, however, is the scope of Warren's error. In response to a loaded question from the audience about how the system "criminalize[s] poverty and communities of color," Warren replied:

[Criminal-justice reform] starts on the front end, with the activities we criminalize -- for example, low-level drug offenses. More people [are] locked up for low-level offenses on marijuana than for all violent crimes in this country. That makes no sense at all. No sense at all. [Emphasis added.]
She's right, it doesn't make sense -- because it's not true. In fact, it's so at odds with the publicly available data that one can only conclude that Warren is either totally unlettered on the subject or was willfully deceiving the audience.
Patrick Kennedy and Kevin Sabet have this article in the WSJ, titled This Is No Time to Go to Pot: Legalizing marijuana encourages use of harder drugs and sets back the cause of social justice.

Sens. Cory Gardner and Elizabeth Warren have introduced a bill to legalize marijuana at the federal level in the name of "states' rights." In reality, it would give birth to Big Tobacco's successor.

This dangerous proposal would allow the marijuana industry to market high-potency pot candies, gummies and 99% pure extracts (compare that with 5% potent Woodstock weed). With 70% of today's illicit drug users having started with marijuana, not prescription drugs, according to the National Institute on Drug Abuse, this is exactly the wrong time to legalize pot.

Public-health data from states that have legalized strongly indicate that it is a failed experiment, resulting in more fatalities from driving while stoned, more emergency-room visits and poison-control calls, and more worker accidents and absenteeism.
CJLF takes no position on the issue.  Personally, I am much more concerned about the rise of a Big Marijuana industry than I am with the question of whether possession of small quantities for personal use is an offense or not.

Voluntary intoxication defense

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Juaquin Garcia Soto was drunk and high on methamphetamine when he kicked in Israel Ramirez's apartment door and stabbed him to death in front of his girlfriend and young son.  Soto was charged with first degree murder and first degree burglary.

In California, a murder conviction requires a finding of express or implied malice.  Express malice requires intent to kill "unlawfully," while implied does not.  California Penal Code section 29.4 permits evidence of voluntary intoxication on the issue of whether a defendant "harbored express malice."

At trial, Soto claimed "imperfect" self-defense, which is the actual, but unreasonable, belief that acting in self-defense was necessary.  A successful imperfect self-defense claim will result in voluntary manslaughter because "one who holds an honest but unreasonable belief in the necessity to defend against imminent peril to life or great bodily injury does not harbor malice and commits no greater offense than manslaughter."
Peter Loftus reports for the WSJ:

An advisory panel to the Food and Drug Administration recommended the agency approve what could become the first prescription drug in the U.S. derived from the marijuana plant, as a treatment for people with rare forms of epilepsy.
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The FDA is expected to decide by the end of June whether to approve the drug for sale. The agency isn't required to follow the advice of its advisory committees but usually does. GW Pharmaceuticals proposes to call the drug by the brand name Epidiolex.
Is removal of marijuana from Schedule I likely to happen this year?
"When you look at the number of people in our state and federal penitentiaries, who are there for possession of small amounts of cannabis, you begin to really scratch your head. We have literally filled up our jails with people who are nonviolent and frankly do not belong there."
--Former House speaker John A. Boehner (R-Ohio), in an interview with Bloomberg News, April 11, 2018
WaPo Fact Checker Glenn Kessler awards the former Speaker the maximum Four Pinocchios for this claim.  That's a "whopper," and not a hamburger.

So what do we find? In the state correctional institutions, only 3.4 percent of prisoners were in jail for all types of drug possession as of Dec. 31, 2015, according to the Justice Department. While Boehner claimed that the prisons have been filled with nonviolent prisoners, the data show that 54.5 percent are in prison for violent crimes such as murder, rape and robbery and 18 percent involve property crimes; another 11.6 percent are in prison for public order offenses.
There has been considerable speculation recently whether the Administration would ask Congress to expand the federal death penalty statute as applied to drug dealers.  No, it will not.  Louise Radnofsky reports for the WSJ:

President Donald Trump on Monday will call for new steps to combat the opioid epidemic, including a push to reduce opioid prescriptions by a third over three years, asking the Justice Department to seek more death-penalty cases against drug traffickers under current law, and for federal support to expand the availability of overdose-reversal medication.
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Other elements of the strategy, the White House said, would include a fresh public-awareness campaign about drug abuse, a research-and-development partnership between the National Institutes of Health and pharmaceutical companies into opioid prescription alternatives, tougher sentences for fentanyl traffickers, and screening of all prison inmates for opioid addiction.
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"The Department of Justice will seek the death penalty against drug traffickers when it's appropriate under current law," said Andrew Bremberg, the president's top domestic-policy adviser.
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