The Drug Enforcement and Policy Center works on a range of projects and reports focused on the issues and societal impacts surrounding the reform of criminal and civil laws prohibiting or regulating the use and distribution of traditionally illicit drugs.
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Complete Listing of Reports and Studies
This paper examines typologies of repeat OVI offenders in Ohio, analyzing factors like gender, race/ethnicity, and co-occurring drug offenses using data from the Ohio State Highway Patrol. The results showed that males were more often arrested for repeat OVI offenses than females. Additionally, the results showed a similar percentage of repeat offenders with and without co-occurring drug offenses.
Opioid treatment agreements (OTAs) outline requirements for long-term opioid therapy (LTOT) and often prohibit cannabis use. However, with 38 states allowing medical cannabis and 24 permitting nonmedical use, clinicians are increasingly asked for advice on cannabis use. While ethical debates about OTAs persist, less attention has been given to their implementation. This study surveyed clinicians to explore how they navigate growing tolerance toward cannabis, despite its common prohibition in treatment agreements.
This study examines how localities in Michigan, New Mexico, Oregon, and Ohio plan to spend marijuana tax revenue. Survey results show that most funds are allocated to the general fund, local law enforcement, and parks and recreation. While large city budgets receive significant media attention, smaller municipalities' spending often goes unnoticed. The study also highlights state-specific variations in funding priorities, which warrant further investigation.
The 2018 Farm Bill legalized industrial hemp production, leading Ohio to approve hemp production in 2019. Today, most hemp industry revenue comes from cannabinoid metabolites, including Delta-8 THC, which is used in intoxicating products. These products exist in a legal gray area, raising concerns about safety, quality, and marketing. While other states regulate such products, Ohio has minimal regulations. The report discusses concerns, including youth use, consumer safety, and industry interests, offering steps Ohio can take to address these issues.
This paper estimates the likelihood of an OVI (operating vehicle under the influence) arrest across race/ethnicity and gender using data from the Ohio State Highway Patrol. The study found that Black and Hispanic males and females had higher probabilities of an OVI arrest compared to White males and females. Additionally, males in all race/ethnicity categories had higher arrest probabilities than females, while individuals in the "other" category had lower probabilities than White males and females.
The sixth annual report reviews the progress of the Ohio Medical Marijuana Control Program (OMMCP) since its launch in January 2019. It provides data on Ohio's cannabis industry for fiscal year 2024 and includes survey results on patient satisfaction, their willingness to remain registered in light of 2023 adult-use legalization, and policy changes to improve engagement. The report concludes with recommendations for regulators and policymakers to enhance Ohio's cannabis market for patients.
Over the past few decades, many U.S. states have legalized cannabis, but it remains illegal federally. The CDC and NIH asked the National Academies to review cannabis and cannabis availability, and to assess regulatory frameworks. The report found limited federal guidance, leading to inconsistent public health protections across states. It recommends stronger federal leadership, a robust research agenda, and other strategies to minimize public health harms related to cannabis.
This study examined public perceptions of criminal culpability in fentanyl overdose deaths, focusing on who supplies the drug. Respondents were more likely to support punitive action when a drug dealer, rather than a friend, supplied fentanyl. However, race did not affect perceptions of culpability. The findings suggest that the public views drug dealers as more responsible for fentanyl overdoses, with implications for public policy and future research during the ongoing fentanyl crisis.
This paper builds on previous research to estimate the likelihood of drug arrests or violations across race/ethnicity and gender using data from the Ohio State Highway Patrol. The study aims to identify potential disparities, which can inform future policy interventions. The paper focuses solely on identifying whether such disparities exist, not on exploring their causes. It emphasizes that the findings should not be interpreted as evidence of discriminatory enforcement practices by the Ohio State Highway Patrol.
This study examined whether the likelihood of having a felony charge varied based on the primary drug of choice among individuals undergoing drug treatment. The results revealed that individuals who reported cocaine or heroin/opioids as their primary drug of choice had significantly higher probabilities of having a felony charge compared to those who reported alcohol as their primary drug.
This paper examines how tobacco taxes, smoke-free policies, and cannabis policies impact blunt use (cannabis in cigar wrappers) among youth. The study found that legal medical and recreational cannabis policies are linked to higher odds of blunt use, but this effect is only present in states without comprehensive tobacco smoke-free policies. In states with smoke-free policies, no significant association was found. The study suggests that smoke-free policies may help reduce blunt use, recommending stronger prevention efforts in states with lenient tobacco controls.
This paper provides an overview of Ohio State Highway Patrol (OSHP) drug incidents from January 2019 to June 2024. Key findings include that over a third of drug incidents involved multiple offenses, and there seemed to be a significant decline in drug offenses from 2019 to June 2024, warranting further research. Marijuana possession was the most common offense except for 2024, likely due to recreational marijuana legalization, though it remained the second most common in 2024. The paper suggests several future research directions.
Centering framing theory, this study employs mixed-methods content analyses of 9,707 newspaper articles and event history analysis of state-level cannabis criminalization to make several contributions. In additional to several findings related to framing, the study highlights that attaching threat to numerous minority groups was significant for cannabis criminalization, regardless of minority groups’ actual presence. While challenging common assumptions regarding cannabis criminalization, the analyses demonstrate the importance of framing and rhetorical racial threat in the social construction of law.
This study surveyed current and potential Ohio Medical Marijuana patients to assess whether marijuana use reduced their consumption of prescription painkillers or other illicit drugs. The results showed that a large majority of respondents agreed that marijuana reduced their use of prescription painkillers. Additionally, far more respondents agreed, rather than disagreed that marijuana reduced their use of illicit drugs. These findings align with previous research on the subject.
This study examined how traffic stop data impacts public approval of discretionary traffic stops. An online survey experiment with 4,740 respondents found that providing information on contraband outcomes increased support for discretionary stops compared to a control group. Black respondents, in particular, were more likely to support these stops when presented with contraband data. The findings suggest that public opinion can be influenced by presenting evidence of effectiveness, especially in addressing concerns about transparency and crime control strategies.
This study evaluated the effectiveness of Ohio's new distracted driving law using a time series design, focusing on vehicle crashes in Columbus, Ohio that were reported by the Columbus Police Department. While some data showed decreases in crashes during the warning and enforcement periods, other results indicated increases or no meaningful changes. Overall, the inconsistent findings make it difficult to draw strong conclusions about the law's impact on vehicle crashes in Columbus.
This study explored whether decreased Ohio State Highway Patrol staffing levels were linked to declines in drug and OVI arrests from 2018-2023. The results showed that lower staffing levels were associated with fewer arrests, after controlling for other factors. The study used interpolation to estimate daily staffing levels from yearly data, though this method was not ideal. The research is considered exploratory, and using actual daily staffing data is recommended for future studies.
This study explored issues with student marijuana use in Ohio's K-12 schools and anticipated challenges following the legalization of adult-use marijuana. An online survey of Ohio's K-12 principals revealed concerns about current marijuana use on and off school premises. Principals expressed worry about increased use, health issues, academic decline, and behavioral problems after legalization, especially in high and middle schools. Many principals advocated for increased marijuana education and funding for schools to address these challenges.
The Agriculture Improvement Act of 2018 (the "Farm Act") led to the widespread sale of unregulated Intoxicating Hemp Derivatives. While supporters see business opportunities, critics argue it’s unfair given marijuana’s federal illegality. The article discusses potential amendments to the Farm Act that may regulate these products, exploring the implications for access to psychoactive cannabinoids and highlighting lobbying efforts. The authors contend that these proposed regulations fail to address the federal government's longstanding challenges with cannabis regulation.
This study examined jurisdictions requiring Opioid Treatment Agreements (OTAs), their impact on lawsuits, and flexibility for clinicians to adopt best practices. Results show that a slight majority (27) of jurisdictions mandate OTAs, primarily for long-term prescriptions. There is considerable variation in requirements, and in non-mandatory jurisdictions, OTAs can influence court decisions and sometimes protect clinicians from liability. The study emphasizes the importance of OTAs in improving clinician-patient relationships while adhering to legal obligations and minimizing risks.
This paper examined Ohio State Highway Patrol (OSHP) marijuana paraphernalia offenses before and after the state's vote to legalize marijuana. The study found no significant differences in offenses before and after the vote but before implementation. However, after official implementation, there were substantial changes in incident counts, indicating that OSHP enforcement practices did not significantly change until the law was formally implemented. These results indicate that OSHP did not meaningfully alter their enforcement practices until the changes in law were officially implemented.
This study examined how public opinions on reducing opiate overdoses were influenced by competing statements from federal agencies. A survey with 4,600 respondents tested three conditions: one advocating a treatment-based approach from the NIH, one supporting an enforcement-based approach from the DEA, and a control group. Results provide some support that statements from federal agencies can impact public opinion about opiate overdose approaches.
This policy paper discusses the challenges and opportunities of government-initiated record relief in Ohio. Despite continued legislative efforts to expand record relief, implementation challenges often mean promises go unfulfilled. The paper examines current legislative efforts and offers recommendations to improve implementation, drawing on lessons from other states to minimize barriers to record relief and maximize benefits for Ohioans with criminal records.
This study explored Ohio schools' use of signage informing the public about enhanced penalties for drug trafficking near school premises. Results showed that most schools lacked such signage. Additionally, many school principals believed the Ohio Revised Code should require individuals to know they are near school grounds to face enhanced penalties. The study discusses policy recommendations to improve awareness and effectiveness of these laws in deterring drug trafficking near schools.
This study explored how public perceptions of police traffic stops and searches varied based on exposure to different statistics. Respondents were assigned to one of three conditions: contraband hit rates, racial disparities in traffic stops, or a control group. Results showed that the contraband condition led to more support for additional stops, while the racial disparity condition led to less support. However, overall, most respondents did not agree that more stops and searches should occur.
This study examined public opinion on differing levels of culpability in drug-induced homicide cases, focusing on the race of the individuals involved and the relationship between them. Respondents were assigned to scenarios involving either a friend or traditional drug dealer. Results showed participants were more likely to assign culpability in dealer scenarios, but no significant differences were found based on the race of the trafficker. The findings suggest policies could recognize lower culpability for non-dealer traffickers in drug-induced homicide cases.
This study explores the use of intermittent confinement and weekend incarceration in federal and state systems. Findings reveal that these alternatives to traditional incarceration are rarely used, with the Texas West district accounting for the majority of federal intermittent confinement cases. A survey of federal probation officers highlighted logistical issues and facility availability as key reasons for the low use of intermittent confinement. The study concludes with suggestions for future research to address these challenges.
Ohio legalized marijuana for adult recreational use on November 7, 2023, becoming the 24th state to do so. This report examines Ohio’s social equity provisions, aimed at addressing the harm of marijuana criminalization, alongside strategies used by other states to achieve similar goals. It covers criminal justice reform, community reinvestment, and industry participation, and offers recommendations for improving data collection and assessing best practices in social equity programs.
A survey exploring public opinion on the legalization of various substances found that most respondents, regardless of veteran status, supported the legalization of recreational marijuana. However, support for the legalization of recreational psychedelics was lower among veterans/active military (about 40%), compared to veteran families and non-military individuals. The majority of all groups opposed the legalization of cocaine and heroin. These findings highlight differing levels of support based on drug type and veteran status.
This study explores opioid initiation across three waves, focusing on pathways into fentanyl use. It highlights how supply-side changes influenced user trajectories. The study found differences in the initiation of prescription opioids and heroin, shaped by factors like pharmacological effects, pain management, pricing, and peers. Most participants unknowingly initiated fentanyl use, with many overdosing on their first exposure. A few participants also followed a trajectory into fentanyl without prior heroin use.
The COVID-19 pandemic led to the widespread adoption of virtual court proceedings, including in treatment courts. A survey of 358 treatment court team members found strong support for continuing virtual hearings and meetings. However, those facing technological barriers, either personally or among clients, were less supportive of ongoing virtual services. The study provides valuable insights into how treatment courts have evolved during the pandemic and highlights both the support for and challenges to continuing virtual courts.
Many veterans face mental and physical health issues, prompting research into alternative treatments like marijuana and psychedelics. This study explored attitudes toward these treatments among veterans, their family members, and non-military individuals. Results showed broad support for marijuana and psychedelics as treatment options, but active and veteran military personnel were less supportive compared to their families and the general public. The study highlights differences in perceptions of alternative treatments across these groups.
On November 7, 2023, Ohio voters approved Issue 2, legalizing recreational marijuana. The law outlines tax rates and revenue allocations for marijuana. Ohio's General Assembly and Governor Mike DeWine have shown interest in revising the tax structure. This report compares Ohio’s tax and revenue approach with that of the other states where marijuana is fully legalized.
This study used Ohio State Highway Patrol data to investigate whether Michigan’s legalization of recreational marijuana and Ohio’s medical marijuana legalization led to an increase in marijuana-related OVI arrests in Ohio. The results did not support the hypothesis of an increase in such arrests. However, the study cautions against drawing strong conclusions, as further research with data from other law enforcement agencies and extended time periods is needed, and the findings may not apply to OVI-related crashes.
This paper by Shaleen Title and Bruce Barcott argues that small cannabis businesses promote local economic growth and contribute to the public good. The authors call for further research, especially comparing states with measures supporting small businesses. In the meantime, they recommend solutions like access to SBA loans, better data collection, fee waivers, licensing prioritization, and lower-cost regulations for small businesses. The paper also includes an appendix with a review of relevant federal bills.
This study, conducted by the Drug Enforcement and Policy Center and York College of Pennsylvania, evaluated York City's Group Violence Initiative. The findings did not support the hypothesis that the intervention reduced firearm or violent crime incidents. Issues with time series assumptions and inconsistent regression results limited strong conclusions. The recidivism rate for those involved in call-in meetings was 83.33%. However, improvements in data recording and quality position York City for future evaluations and policy changes.
This study explored how clinicians use opioid treatment agreements (OTAs) in managing long-term opioid therapy (LTOT) for chronic pain patients. Qualitative analysis of four focus groups revealed three key themes: OTAs did not generally affect decisions to use LTOT but influenced clinical decisions for individual patients; clinicians feel OTAs intensify the power they have over patients, though this was not uniformly judged as harmful; and there was a potential misalignment between OTAs' intended purposes and their actual implementation.
This paper by Cat Packer reviews federal cannabis banking laws, focusing on the SAFE Banking Act of 2021 and its 2023 amendments, particularly those promoting fairness. The analysis highlights how advocacy for fair banking provisions has led to minor but impactful changes in the 2023 Act. It also discusses ongoing opportunities to ensure cannabis banking remains fair and accessible for all, addressing key issues in marijuana industry regulation.
On August 30, 2023, the U.S. Department of Health and Human Services recommended rescheduling psychoactive cannabis from Schedule I to Schedule III under the Controlled Substances Act. This shift could significantly impact the U.S. cannabis industry, though it may also cause regulatory confusion and legal conflicts. Authored by Benton Bodamer, this paper addresses key questions about the rescheduling, including its effects on cannabis companies, tax relief, advertising, and banking, while examining the challenges ahead.
This report reviews the Ohio Medical Marijuana Control Program (OMMCP) from its launch in January 2019 to the present, highlighting growth in sales, tax revenue, and patient satisfaction. While satisfaction is rising overall, patients express concerns about cannabis prices, lack of legal protections, and difficulties in obtaining patient cards. The report concludes with policy recommendations for improving patient experience, including potential changes if Ohio's November 2023 adult-use cannabis legalization initiative passes.
This study examines how scientific research affects public views on policing. Findings show that presenting confirmatory research positively influenced perceptions of police effectiveness in crime reduction and body-worn camera use. Conversely, negative research information led to more negative perceptions. However, research on defunding versus refunding the police did not significantly affect public opinions, indicating that research has limited influence on more ideologically complex policing issues.
Ohio Senate Bill 288 (134th G.A.) allows prosecutors to initiate sealing or expungement for low-level controlled substance convictions. This survey found that only 12% of prosecutors surveyed were willing to pursue this action. Common reasons for reluctance included lack of staffing and financial resources, insufficient data, belief that it’s not the prosecutor’s responsibility, and satisfaction with the current defendant-initiated system.
This policy paper estimates potential cannabis tax revenue in Ohio if a citizen-initiated statute is passed in 2023. Using Michigan's FY 2021 tax revenue data as a model, the paper considers various scenarios, including retail sales growth, population figures, and pricing models. Based on these assumptions, the estimated annual tax revenue from adult-use cannabis in Ohio could range from $276 million to $403 million by year five of the market’s operation. This paper is a 2023 update to a previously published estimate.
This study examines the importance of data collection and analysis in Ohio law enforcement agencies' decision-making. Results show that most respondents agree that data collection and data analysis are key components of their decision-making process, and that their agency could benefit from improved data collection and data analysis procedures. However, a nontrivial number disagreed with these statements. Recommendations informed by these results are discussed in detail.
This study aims to explore the extent to which different forms of scientific research on the criminogenic effects of marijuana use impact public opinion on marijuana-related policy issues. Our findings reveal that, except for the policy regarding the immediate release of a convicted offender, scientific research on the criminogenic effects of marijuana use did not significantly or substantively influence public perceptions of cannabis policies.
Volume 35, Issue 4-5 of the Federal Sentencing Reporter contains articles generated in connection with the Frankel at 50: A Half-Century’s Perspective on Criminal Sentences: Law Without Order symposium co-hosted by the Drug Enforcement and Policy Center, Council on Criminal Justice, the Federal Sentencing Reporter and the New York City Bar Association.
Over the past decade, cannabis prohibition has shifted significantly, with more states legalizing cannabis and President Biden calling for a review of its Schedule I classification. This creates a complex legal landscape for businesses and legal professionals. Despite this, only a few law schools offer courses on cannabis law. The fifth annual survey of U.S. law school curricula reveals a slow but steady increase in cannabis law courses, even in states where adult-use cannabis is legal.
This paper by Cat Packer examines the Biden Administration's executive orders on equity and its stance on marijuana reform, particularly after President Biden's October 2022 statement. It highlights the administration's recognition of cannabis criminalization's disproportionate impact on Black and Latino communities. The paper critiques the omission of marijuana reform in the Administration’s Equity Action Plans and argues for using existing equity frameworks to address how marijuana laws create barriers for underserved communities through a focused action plan.
This study, co-authored by the Prosecutors and Politics Project and the Drug Enforcement and Policy Center, explores how prosecutors in states where marijuana remains illegal enforce personal possession laws. It examines enforcement policies of current prosecutors, platforms of candidates for prosecutor, and the reasons behind these policies. The study also investigates the availability of information to voters on this issue.
This study examines whether Seattle's January 2022 policy to limit traffic stops for minor violations led to a decrease in DUI and drug crime incidents. The policy aimed to reduce racial disparities and other negative outcomes associated with traffic stops. However, the study found no significant decline in DUI or drug crime incidents following the policy’s implementation. The authors recommend further research and replication of the study before drawing firm conclusions about the policy's impact.
Over the past decade, Ohio expanded eligibility for record sealing and expungement, yet the impact on utilization remains underexplored. Research shows a 55% increase in granted record sealing applications from 2011 to 2021, though uptake is still low compared to the eligible population. The study highlights issues such as the lack of jurisdiction-specific data and outdated information on eligibility and forms. The report concludes with recommendations to address these challenges and improve utilization rates.
This study explored how empirical research on the criminogenic effects of marijuana influences public opinion on marijuana policy. A survey distributed to 1,637 South Carolina households tested three treatment conditions regarding marijuana's impact on crime. Results showed that the majority of respondents supported relaxing penalties for personal marijuana use and favored legalization. The study found that exposure to different research findings on marijuana's effects had some influence on public opinion.
This study examined the impact of monetary sanctions on family members, friends, and partners of defendants in Ohio. Findings revealed that many family members, friends, or partners are responsible for paying these sanctions, which can negatively affect their financial stability and wellbeing. The study also noted that minority women are particularly vulnerable to these financial burdens. Based on these results, the study offers policy recommendations to address the broader impact of monetary sanctions.
This report, by the Drug Enforcement and Policy Center and the Collateral Consequences Resource Center, summarizes recent developments in marijuana legalization and criminal record reform. It highlights the adoption of automatic record-clearing provisions enacted since publication of our earlier report in the spring of 2021. The report also includes a 50-state classification of marijuana-specific record-clearing statutes.
This study examines whether individuals in Ohio jails and prisons receive information about rights restoration mechanisms, such as pardons, record sealing, and certificates of qualification for employment (CQE). Despite recent changes to expand eligibility, research suggests low participation in these programs, possibly due to lack of awareness or accessibility. The study focuses on whether incarcerated individuals are informed about these mechanisms during or near their release, aiming to address potential barriers to their utilization.
This report explores the growing use of cryptocurrencies, particularly their appeal in anonymous, low-cost, and irreversible transactions, which can be exploited for illicit activities like drug trafficking. Research indicates that cryptocurrencies are increasingly used in drug-related crimes, including in Ohio. The report aims to equip Ohio prosecutors and law enforcement with knowledge on identifying cryptocurrency use in illegal activities, which could impact drug interdiction and asset forfeiture efforts.
This review examines the effects of cannabis policy liberalization on public safety, health, crime, traffic safety, and racial disparities. The literature suggests that cannabis legalization has led to reductions in violent and property crimes, drug-related arrests, and improvements in crime clearance rates. However, traffic safety outcomes are mixed, and while decriminalization may reduce racial disparities, further reforms are needed. Additionally, all-drug decriminalization, as seen in Portugal and Oregon, is linked to reductions in problematic drug use and criminal justice overcrowding, among other impacts.
In July 2019, Columbus City Council reduced penalties for marijuana possession, and City Attorney Zach Klein announced a "no prosecution" policy for misdemeanor marijuana cases. An analysis of misdemeanor cases from January 2011 to August 2021 showed a significant decline in marijuana possession charges in Franklin County Municipal Court. The data suggests these policy changes helped reduce racial disparities in marijuana possession charges, particularly due to the Columbus Division of Police largely ceasing such charges.
This report, part of an annual series, reviews the Ohio Medical Marijuana Control Program (OMMCP) over the past four years, focusing on growth and patient satisfaction. For the first time, more respondents reported being satisfied than dissatisfied with the program. However, concerns persist, particularly regarding the high cost of marijuana products, lack of legal protections for patients, and challenges in obtaining OMMCP cards. The report concludes with policy recommendations to improve satisfaction.
Individuals with criminal histories often face significant barriers to employment, which negatively impacts their job outcomes. Research has shown that people with criminal records typically experience poorer employment prospects. This paper reviews literature on mechanisms to improve employment outcomes, categorizing them into formal (e.g., pardons, expungements, certificates of relief) and informal (e.g., education, work history, reentry programs) strategies. The paper aims to evaluate the effectiveness of these approaches in addressing employment challenges for individuals with criminal histories.
In the U.S., about 1 in 3 adults have a criminal record, but research on the prevalence of specific types is limited. Understanding this prevalence is crucial for designing effective rights restoration mechanisms. Discussions on marijuana legalization often highlight the need for record relief for low-level offenses, yet lack detailed data. This report estimates the prevalence of misdemeanor marijuana possession charges in Columbus, Ohio, based on court data, and offers policy recommendations for local record sealing initiatives.
This paper by Shaleen Title and coauthors addresses the challenge of creating a legal cannabis industry, particularly the conflict between state and federal law regarding interstate cannabis commerce. The authors agree that federal legalization is likely inevitable and that the current state-by-state approach is unsustainable. While they share common ground, they differ on the specifics of how to regulate the industry to ensure fairness and competitiveness for all stakeholders.
This paper by Shaleen Title, Cat Packer, and members of the Cannabis Regulators of Color Coalition examines the SAFE Banking Act. While the bill aims to help small cannabis businesses by providing access to banking services, its current form is unlikely to achieve equitable financial access. The paper summarizes the bill, analyzes its shortcomings, and offers recommendations for improving it, especially in light of the challenges faced by participants in cannabis social equity programs.
Field experiments using correspondence audits to study various issues are increasingly common, but there is a lack of detailed guides for examining the impact of criminal history on hiring outcomes. This gap hinders replication and scientific rigor. Recent audits have introduced innovative methods that could enhance future research. This paper aims to provide a concise guide for designing and conducting experimental correspondence audits focused on the effects of criminal history on hiring decisions.
Criminal history significantly affects hiring decisions, with many job advertisements including criminal background check requirements. However, many of these statements, such as “Subject to successful completion of a background check,” are ambiguous. Despite their prevalence, there has been little research on how employers and individuals with criminal histories interpret these statements and their impact on job searches. This study aims to fill these gaps by exploring these interpretations and their effects on employment outcomes.
This report estimates potential cannabis tax revenue in Ohio, using data and trends from other adult-use states. Based on informed assumptions, it forecasts that Ohio could generate between $276 million and $374 million in annual tax revenue by the fifth year of an operational adult-use cannabis market, assuming the tax structure aligns with a 2023 citizen-initiated ballot initiative.
Over the past decade, cannabis prohibition has been significantly altered as more states legalize cannabis for medical or adult use. This shift has created a complex legal landscape, yet few law schools offer courses on cannabis law and policy. This report, based on the fourth annual survey of U.S. law schools, reveals that legal education is adapting slowly to this new environment, with few schools offering cannabis law courses, even in states where adult-use cannabis is legal.
The "tough on crime" era of the 1980s and 1990s led to increased reliance on prisons and longer sentences, including the rise of life sentences, particularly for drug offenses. Despite growing concerns, there has been limited research on these sentences. This report addresses this gap by analyzing federal life sentences for drug trafficking over the past three decades, examining defendant characteristics and case-specific factors associated with those sentenced to life in prison in federal courts.
This paper by Shaleen Title advocates for the application of antitrust principles to federal cannabis reform before monopolies form. While states make progress in supporting small businesses and disenfranchised groups, larger companies are consolidating and lobbying for rules that could create oligopolies. Federal legalization could accelerate this trend, risking public health and safety and undermining state efforts to create an equitable cannabis marketplace. The paper offers policy recommendations to address these concerns.
This paper by Shaleen Title provides practical guidance for implementing social equity in cannabis policy. It outlines three key policy areas for regulators to address: defining who qualifies as a social equity applicant, determining the benefits these applicants should receive access to, and licensing that supports social equity goals. The paper is designed to to equip readers with practical advice about how to implement social equity.
This paper from DEPC Executive Director Douglas A. Berman and Senior Research Associate Dr. Alex Fraga documents and examines critically the remarkable recent decline in the number of federal marijuana sentences imposed as states have begun fully legalizing marijuana for all uses by adults. The paper is forthcoming in the Fordham Urban Law Journal (March 2022).
Volume 34, Issue 1 of the Federal Sentencing Reporter contains articles generated in connection with the Understanding Drug Sentencing and its Contributions to Mass Punishment symposium co-hosted by the Drug Enforcement and Policy Center and the Academy for Justice.
This report traces the development of the Ohio Medical Marijuana Control Program (OMMCP) since the start of legal sales in January 2019 and documents continued dissatisfaction among patients and prospective patients. By gathering key program data and reporting on a new patient survey, this research fills gaps in our understanding of the OMMCP five years after becoming law.
The Collateral Consequences Resource Center, with support from the Drug Enforcement and Policy Center, produced a report and an accompanying infographic that summarize the groundbreaking criminal reforms enacted in early 2021 as part of marijuana legalization and situate them in the national context.
Volume 19.2 of the Ohio State Journal of Criminal Law contains articles generated as a result of Understanding Drug Sentencing and its Contributions to Mass Punishment co-sponsored by the Drug Enforcement and Policy Center and the Academy for Justice.
As of October 2020, eleven states and the District of Columbia transitioned from medical to adult-use marijuana regimes. This report examines the experiences of four states—Colorado, Michigan, Nevada, and Oregon—highlighting lessons learned and key decision-making processes. It aims to provide actionable advice for states planning or undergoing the transition from medical to adult-use marijuana, offering guidance for creating a new industry within a complex legal framework.
This follow-up report details law school courses taught in 2020-21 that touch on drugs or the evolving legal structures around cannabis. Both this report, and the original 2020 report, show that the vast majority of accredited U.S. law schools, roughly five out of six, do not teach courses that focus on either basic legal doctrines or broader scholarship in this field.
Volume 18.1 of the Ohio State Journal of Criminal Law contains articles generated as a result of The Controlled Substance Act at 50 Years conference co-sponsored by the Drug Enforcement and Policy Center and the Academy for Justice.
This paper from DEPC Executive Director Douglas A. Berman and affiliated faculty member Alex Kreit discusses how Arizona should best advance marijuana legalization so that it can significantly improve Arizona’s criminal justice system.
This report indicates continued dissatisfaction with the Ohio Medical Marijuana Control Program, primarily based on pricing. The report builds on a previous, first-of-its-kind survey conducted in 2019 by DEPC and Harm Reduction Ohio.
This report details the impact of the COVID-19 pandemic on small, minority-owned, and social equity businesses in the cannabis industry. The results indicate that the COVID-19 pandemic has introduced tremendous new challenges for the industry and exacerbated long-standing difficulties for businesses in this arena.
This report examines Ohio court orders issued in response to the COVID-19 pandemic. It reveals considerable formal action was made to minimize physical appearances. However, relatively few court orders included provisions aimed at decreasing the number of people entering prisons or authorizing proactive steps to release people from detention.
This report details the state of U.S. law school curricula in the era of increased cannabis reforms and the opioid crisis. The results show that the vast majority of U.S. law schools do not teach courses focused on drugs or the evolving legal structures around cannabis. This is true even for law schools located in states with legalized cannabis markets.
In 2019, DEPC and Harm Reduction Ohio conducted a preliminary online survey of Ohio Medical Marijuana Control Program patients and prospective patients and produced an accompanying report.