Pubdate: Wed, 26 Dec 2012
Source: Metrowest Daily News (MA)
Copyright: 2012 MetroWest Daily News
Contact:  http://www.metrowestdailynews.com/
Details: http://www.mapinc.org/media/619
Authors: James Morrison and Monique Scott
Note: James Morrison and Monique Scott are reporters in the Boston
University State House reporting program.

CONSEQUENCES OF POT LAW CONSIDERED

NORTHBOROUGH - Will Massachusetts' new medical marijuana law have
consequences beyond comforting ill patients?

During a relatively quiet campaign on the voter referendum, opponents
of the proposal, including law enforcement officials, warned that
legalized medical marijuana would lead to increased pot use by
juveniles, addiction to other drugs and more driving accidents.

The debate over these potential consequences has raged in other states
where conflicting studies have been attacked by advocates on both
sides for the studies' assumptions and methodologies.

One review of federal statistics after California legalized medical
marijuana, for example, concluded that 1,240 people were killed in
traffic accidents in that state over a five-year period where the
driver had used marijuana. The data also showed that half those
drivers were also drunk at the time, and the test for marijuana usage
could not pinpoint if the drivers were high at the time of the accident.

Beyond the debate of those issues, another negative consequence has
been clearly demonstrated: Having people grow, sell and use medical
marijuana in states where it is legal do so in a country where it is
not.

Chris Williams, a medical marijuana grower in Montana, became the face
of this dilemma in September when he was convicted on federal drug
trafficking and weapons charges. Williams faces a mandatory minimum of
more than 80 years in prison when he is sentenced in January.

Although only a handful of those in the medical marijuana trade have
been charged by federal officials, it is a threat that hangs over all
states, including Massachusetts.

Outside the federal/state conundrum, there remain other concerns that
are still under study.

One of the more comprehensive studies, "Medical Marijuana Laws,
Traffic Fatalities, and Alcohol Consumption," recently published in
the Journal of Law and Economics for the Institute for the Study of
Labor, suggests mild consequences. The report, compiled by economists
at the University of Colorado, Montana State University and the
University of Oregon found:

- - On average, states that legalize medical marijuana saw an 8-11
percent decrease in traffic fatalities in the first year.

- - Medical marijuana laws are associated with sharp decreases in the
price of marijuana and an increase in the potency of the pot.

- - States with medical marijuana laws have seen a 10.6 percent
reduction in the number of drinks consumed and a 7.4 percent reduction
in binge drinking among 20- through- 29-year-olds.

Arrests of juveniles in Arizona on pot charges have dropped since the
state instituted medical marijuana laws in 2010. The number of cases
of driving under the influence of marijuana is up, continuing a trend
that began before the law took effect.

Criminal and motor vehicle records from individual medical marijuana
states give mixed evidence about whether the new laws are creating
unintended consequences.

For now, the pressing concern is the tension between state and federal
law, with the Williams case in Montana as a sign of what could come
under a stronger enforcement drive by federal officials.

Voters approved medical marijuana in Montana in 2004. In 2009, the
U.S. Justice Department issued the Ogden Memo, essentially instructing
federal prosecutors to turn a blind eye to growers and users of
medical marijuana.

It appeared that the federal government had adopted a "Don't ask,
don't tell" policy. That changed with recent raids.

Although the Obama administration said earlier this month that it
wouldn't take action against the recreational use of marijuana
approved by Washington state and Colorado voters, the Williams' case
and raids last year in California show federal philosophies can change.

Robert Mikos, a Vanderbilt University law professor who has studied
the impact of medical marijuana laws, says although federal
authorities rarely bring criminal charges against individual
providers, they have used other strategies.

"If you're selling drugs out of your store, the federal government
could seize all of your assets: cash, the drugs that you're selling,
the store front itself," he said. "It's used those tactics in some
states to try and crack down on the medical marijuana industry."
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MAP posted-by: Jo-D