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Marijuana Legalization in Vermont: Assessing the Policy Landscape and Some Revenue Implications Greg Midgette PhD April 17, 2016
28

Cannabis Science & Policy Summit - Day 1 - Midgette

Feb 19, 2017

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Page 1: Cannabis Science & Policy Summit - Day 1 - Midgette

Marijuana Legalization in Vermont:

Assessing the Policy Landscape and

Some Revenue Implications

Greg Midgette PhD

April 17, 2016

Page 2: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 2

• Commissioned by

State of Vermont

• Eight chapters,

80,000+ words

• Does not make a

recommendation

• Not a cost-benefit

analysis

• Goals: Provide insights

for discussions and

highlight uncertainty

Page 3: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 3

Quick Background on Vermont

Page 4: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 4

Marijuana prevalence in Vermont

higher than in rest of country

0%

2%

4%

6%

8%

10%

12%

14%

2002/2003 2013/2014

% using

marijuana

in past month

Year

US

Northeast

Vermont

Source: NSDUH

Page 5: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 5

Marijuana prevalence in Vermont

higher than in rest of country

0%

2%

4%

6%

8%

10%

12%

14%

2002/2003 2013/2014

% using

marijuana

in past month

Year

US

Northeast

Vermont

Source: NSDUH

Page 6: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 6

Marijuana is primary substance for

14% of treatment admissions

Source: Vermont Department of Health, 2014. Only includes those receiving

treatment at state-funded treatment facilities.

Page 7: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 7

How much did Vermont spend

prohibiting marijuana in FY 2014?

• In year after decriminalization, criminal

cases decreased 80%

– But total marijuana cases increased 20%

– Collected $200,000 in fines

Page 8: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 8

• In year after decriminalization, criminal

cases decreased 80%

• Few incarcerated only for marijuana

– 5 in FY 2014

– 3 behind bars at one point

How much did Vermont spend

prohibiting marijuana in FY 2014?

Page 9: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 9

• In year after decriminalization, criminal

cases decreased 80%

• Few incarcerated only for marijuana

• Net costs: $800,000 - $1.1 million

– For those ages 21+: $550,000 - $750,000

How much did Vermont spend

prohibiting marijuana in FY 2014?

Page 10: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 10

The Legalization Discussion

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Slide 11

Extreme options

Commonly-discussed options

Middle-ground options—Small scale

Middle-ground options—Large scale

Report discusses 12 alternatives

to status quo supply prohibition

Page 12: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 12

Extreme options

Commonly-discussed options

Middle-ground options—Small scale

Middle-ground options—Large scale

Senate Bill 95

Page 13: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 13

Extreme options

Commonly-discussed options

Middle-ground options—Small scale

Middle-ground options—Large scale

Senate Bill 241

Page 14: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 14

Extreme options

Commonly-discussed options

Middle-ground options—Small scale

Middle-ground options—Large scale

House Committee Amendments to SB 241

Page 15: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 15

Projecting Tax Revenues from

Marijuana

Page 16: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 16

Tax revenue:

Many factors to consider• Actions of other jurisdictions

– How long would Vermont be only east coast

jurisdiction that legalized production?

• Collateral effects

– E.g., effect on spending on alcohol and tobacco

and, hence, their taxes

• Other effects on tax revenue

– Tourism, employer taxes, productivity losses

• Focus here is on revenue from MJ sales

Page 17: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 17

Approach for projecting effects on

taxes paid by Vermont users

Page 18: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 18

Page 19: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 19

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Slide 20

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Slide 21

• Police enforcement

– Underage use

– Impaired driving

– Time/place violations (like open bottle laws)

– Residual black market

– Bootlegging (tax evasion)

• Regulatory costs

Cannot ignore offsetting costs

Page 22: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 22

Washington forecasted spending

~$9 million on I-502, 2012-2015

Page 23: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 23

Cost of regulation: Key points

• Regulation could be more expensive than

VT’s current (weakly enforced) prohibition

• For any “large-scale” legalization option,

both start up regulatory costs and on-going

costs could well be in low single-digit millions

of dollars per year

• Start up costs

– Incurred before sales generate tax revenue

– Many paid “in-kind” (extra work load)

Page 24: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 24

When it comes to annual revenues,

think orders of magnitude

• About $1 million: Current prohibition cost

• Low to mid-single digit millions: Developing

and regulating large-scale options

• Tens of millions: Tax revenue from VT users

• Hundreds of millions: Tax revenue from out-of-

state residents if federal government does not

intervene and VT industry ramps up before

nearby states legalize

Page 25: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 25

Other potential costs

• Increased use/abuse could create other costs

– Greater need for marijuana treatment

– Greater need for prevention messaging

– More impaired driving

– Costs to employers of juggling conflict with federal

drug-free workplace requirements

• All highly uncertain

– In some cases not even clear costs will exceed

savings

Page 26: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 26

Giant wildcard: Legalization’s

effect on use of other substances

• Interactions on product/supply side also

unknown

Page 27: Cannabis Science & Policy Summit - Day 1 - Midgette

Slide 27

Concluding thoughts

• Vermont should be commended for

seeking a rigorous study beforehand

• Uncertainty abounds

• There are many options

• All involve tradeoffs

• What option is “best” depends on

observer’s values/objectives

Page 28: Cannabis Science & Policy Summit - Day 1 - Midgette