Orlando Sentinel

Two of the first

Different paths to legalizati­on result in varied outcomes

- By Gillian Flaccus and Kathleen Foody

states to broadly legalize marijuana took different approaches to regulation that left Oregon with a vast oversupply and Colorado with a wellbalanc­ed market.

PORTLAND, Ore. — Two of the first states to broadly legalize marijuana took different approaches to regulation that left Oregon with a vast oversupply and Colorado with a well-balanced market.

But in both states prices for bud have plummeted.

A new Oregon report by law enforcemen­t found nearly 70 percent of the legal recreation­al marijuana grown goes unsold, while an unrelated state-commission­ed Colorado study found most growers there are planting less than half of their legal allotment — and still meeting demand.

The reports offer case studies for California and other pot-friendly states as they ramp up their legal pot industries.

They also underscore some key difference­s in how broad legalizati­on was handled that have helped shape differentl­y evolving markets in each state.

The Oregon study released by the Oregon-Idaho High Intensity Drug Traffickin­g Area — a coalition of local, state and federal agencies — includes the medical and general-use markets and the illegal market, despite gaps in data on illicit marijuana grows.

It noted Oregon still has a serious problem with outof-state traffickin­g and black market grows — and the top federal law enforcemen­t officer there demanded more cooperatio­n from state and local officials last week in a statement.

“What is often lost in this discussion is the link between marijuana and serious, interstate criminal activity. Overproduc­tion is rampant, and the illegal transport of product out-ofstate — a violation of both state and federal law — continues unchecked,” said Billy Williams, U.S. attorney for Oregon. “It’s time for the state to wake up, slow down and address these issues in a responsibl­e and thoughtful manner.”

The Colorado study, released last week, focuses on the legal, general-use market, and researcher­s at the University of Colorado Boulder’s business school and a Denver consulting firm had access to state tracking data to produce the first-of-its-kind analysis.

Colorado sales of broadly legalized marijuana began in 2014, two years before Oregon allowed marijuana to be sold at nonmedical retail stores. From the beginning, Colorado had stricter regulation­s for its growers than Oregon did.

Colorado gave existing medical marijuana growers the right of first refusal for licenses, cutting down on a potential source of black market production. The state also requires growers to show they have sold 85 percent of their output before allowing them to expand their growing operation, said Beau Whitney, senior economist at national cannabis analytics firm New Frontier Data.

“That was the right approach, and we’ve made that recommenda­tion to other state regulators to do that because if you exclude the medical folks from entering the market, then there could be propensity for diversion” to the black market, he said.

“Colorado has done a good job in sizing the market. In Oregon, it’s going to take a while for that balance to be establishe­d.”

Oregon didn’t give existing medical marijuana growers priority over new applicants as Colorado did, and it also didn’t cap licenses. That created a perfect storm of endless licenses for all comers paired with less incentive for medical growers to enter the new industry.

In June, the Oregon Liquor Control Commission, which oversees general-use marijuana, did put a pause on issuing new grow licenses to work through a monthslong backlog of applicants. The legislatur­e will likely consider steps to get a handle on oversupply in the 2019 session.

The Pacific Northwest state also had to contend with a long-entrenched culture of illegal marijuana cultivatio­n along its border with California, where there are near-perfect outdoor growing conditions. That tradition of illicit marijuana has created a nightmare for law enforcemen­t agencies in rural, heavily forested counties.

The Oregon report noted nearly 15,000 pounds of marijuana with a street value of $48 million has been seized heading to 37 other states.

That doesn’t include illegal pot snagged at Portland Internatio­nal Airport.

Although Colorado has been more successful in finding a balance between supply and demand, retail prices for bud, or marijuana flower, have plummeted in both states about 50 percent since 2015.

But that statistic could be deceiving because most growers are now cultivatin­g their crop for conversion into the popular oil extracts that wind up in everything from soaps to vape pens to edible gummies to salves.

It takes 10 times more dried flower to make an oil extract and much of the dried flower is going to that market, Whitney said.

 ?? ANDREW SELSKY/AP ?? The Oregon legislatur­e will likely consider steps to get a handle on marijuana oversupply in the 2019 session.
ANDREW SELSKY/AP The Oregon legislatur­e will likely consider steps to get a handle on marijuana oversupply in the 2019 session.

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