According to the Washington Post, residents of the nation’s capital who have been convicted of nonviolent marijuana offenses could apply to have those criminal records sealed under a bill granted initial approval by the D.C. City Council yesterday.
[caption id="attachment_8171" align="alignright" width="300"] David Grosso[/caption]
D.C. Council member David Grosso (I-At Large) introduced the record-sealing bill. He believes it is a matter of fairness to give prior offenders some ability to rid their records of nonviolent offenses now that marijuana possession has been decriminalized in the District and both voters and City Council are considering making marijuana legal for adults.
“People who have had these issues in the past, it never leaves them,” Grosso said. “They have to check the box [indicating a prior conviction]. They can’t get a job. They can’t get public housing. They can’t get financial aid for college.”
Under the terms of the bill, D.C. residents could file a motion to seal their records in the D.C. Superior Court. The motion should be granted unless prosecutors demonstrate that the offense in question remains a crime. If the motion is granted, prosecutors and courts would have to remove public records related to the resident’s arrest, charge, trial, or conviction.
The measure passed 12 to 0 and is up for a second vote set for later this month. According to Grosso and data compiled by the Drug Policy Alliance, it is among the broadest efforts to allow marijuana records to be sealed within the country.
D.C. City Council, D.C. Superior Court, David Grosso, Drug Policy Alliance, Washington Post
The Portland Press Herald reported that advocates of making marijuana legal kicked off a campaign yesterday in support of upcoming votes on the issue in Lewiston and South Portland.
The advocates, led by the Marijuana Policy Project, held a rally at Kennedy Park for those in favor of Lewiston’s Question 2, which would make the possession of up to one ounce of marijuana legal for adults 21 years of age and older.
“Every day more and more people support making marijuana legal,” said David Boyer, Maine political director of the Marijuana Policy Project. “They see it makes more sense to have marijuana regulated instead of keeping it legal.”
Boyer also said the campaign in Lewiston is hoping to mobilize young voters, especially Bates College students, to the cause.
“Younger folks see that marijuana prohibition hasn’t worked. It’s done nothing to stop the flow of marijuana into our communities. They see the effects of marijuana and alcohol firsthand and they realize that marijuana is safer than alcohol,” Boyer stated.
[caption id="attachment_8167" align="alignright" width="250"] Scott Thistle/Sun Journal[/caption]
Alexandra Gwillim, a Bates College freshman, joined Boyer at the campaign yesterday.
[S]he said she supports the campaign because, “I think the prohibition of marijuana perpetuates the binge-drinking culture of college. Legalizing marijuana is a good way to end that.”
The campaign intends to increase its presence in Lewiston during the next month as part of an ongoing effort to educate voters about the advantages of ending marijuana prohibition.
Alexandra Gwillim, Bates College, David Boyer, Kennedy Park, Lewiston, Marijuana Policy Project, Portland Press Herald, Question 2, South Portland
According to a New York Times editorial, this November, voters in Alaska, Oregon, and the District of Columbia will decide whether to make recreational marijuana legal and regulated — effectively disregarding the misguided federal ban on a substance that is far less dangerous than alcohol.
Alaska’s Ballot Measure 2 would make the use and purchase of marijuana legal for those 21 and older, create a marijuana control board and tax the drug at $50 per ounce wholesale. It is already legal for Alaskans to possess small amounts of marijuana in their homes, and surveys indicate that 18 percent of Alaskans smoke marijuana. Ballot Measure 2 would mean that Alaskans could buy it from a store instead of resorting to the black market.
This is not the first time the newspaper of record has supported sensible marijuana policy reform, and it is indicative of increasing national support for ending marijuana prohibition.
Alaska, Ballot Measure 2, District of Columbia, New York Times, Oregon
According to DNAinfo Chicago, the percentage of people fined for the possession of marijuana in Chicago has greatly increased over the past year. However, an activist group is questioning why more than 60 percent of those found in possession of marijuana are still arrested.
[caption id="attachment_8159" align="alignright" width="256"] Charlene Carruthers[/caption]
The national coordinator for Black Youth Project 100, Charlene Carruthers, says that Chicago Police Supt. Garry McCarthy “has said over and over again we should be ticketing, not arresting, but it still happens.”
Yesterday at Chicago City Hall, Carruthers cited figures demonstrating that the city spends $80 million a year processing marijuana arrests, despite the fact that both McCarthy and Mayor Rahm Emanuel’s proclaimed reforms intended to replace marijuana arrests with revenue-producing ticket citations.
Additionally, building on reports published in the Chicago Reader, Roosevelt University issued a study earlier this year demonstrating that arrest rates were too high and that Chicago was among the areas not making sufficient use of the reform legislation.
Carruthers stated that those arrested rather than ticketed were “primarily black Chicagoans,” adding, “It’s absolutely an unjust and racially biased policy…and it doesn’t keep us safer.”
The racial disparity demonstrated in marijuana arrest rates drove Carruthers to push for a meeting with McCarthy. McCarthy has yet to respond.
Black Youth Project 100, Charlene Carruthers, Chicago, Chicago City Hall, Chicago Police Supt. Garry McCarthy, Chicago Reader, DNAinfo Chicago, Mayor Rahm Emanuel, McCarthy, Roosevelt University
As reported by the Houston Chronicle, a move to replace criminal penalties with civil penalties for the possession of small amounts of marijuana surfaced Wednesday as a major issue in the contentious race for Houston’s Harris County District Attorney, with both candidates claiming ownership of the idea.
However, the details, purposes, and primary goal of the plan, claimed by both candidates, are fundamentally different.
Republican incumbent candidate, Devon Anderson, said that starting Monday, non-violent first offenders in possession of less than two ounces of marijuana will be able to avoid prosecution by performing eight hours of community service or by participating in a drug awareness class.
[caption id="attachment_8156" align="alignright" width="173"] Devon Anderson[/caption]
“We are targeting the people we believe are self-correcting and will be ‘scared straight’ by being handcuffed and transported. Our goal is to keep these individuals from entering the revolving door of the criminal justice system,” stated Anderson.
Anderson’s recent announcement, a month away from November’s election, sparked political discourse from his challenger, Democrat Kim Ogg, who in August announced her own idea for handling misdemeanor marijuana possession. Her plan, if elected, is to have police officers fine misdemeanor marijuana suspects, even repeat offenders, and require them to spend two days cleaning up around Houston’s bayous. Her program is said to save an average of $10 million a year in jail, court, and prosecution costs by diverting around 12,000 offenders annually.
Devon Anderson, Harris County District Attorney, Houston, Houston Chronicle, Kim Ogg
[caption id="attachment_8152" align="alignright" width="220"] Mayor Michael Nutter[/caption]
Phillymag.com reported today that Philadelphia Mayor Michael Nutter signed Jim Kenney’s bill that replaces criminal penalties for the possession of small amounts of marijuana with a civil fine, similar to a traffic ticket. The bill is set to go into effect on October 20, 2014.
The initial version of the bill approved by the city council on June 19 makes possession of up to one ounce of marijuana a civil offense, punishable by a $25 fine. After negotiations between the mayor and members of the city council, the final version of the bill was amended to include a $100 fine for public consumption, or a nine-hour community service requirement.
“Philadelphia voters and their elected officials are fed up with laws that criminalize people for possessing a substance that is less harmful than alcohol,” said Rachelle Yeung, legislative analyst for the Marijuana Policy Project. “They disproportionately impact communities of color and do nothing to make people safer. We applaud city officials for taking this important step toward a more sensible marijuana policy. It is time for the rest of the state to follow its lead.”
Possession of over 30 grams, as well as distribution irrespective of weight, however, still registers as a criminal offense. A tweet from the city of Philadelphia says you are also still subject to arrest for failing to show proper identification to a police officer if caught with marijuana under the new law.
Jim Kenney, Marijuana Policy Project, Mayor Michael Nutter, Philadelphia, Phillymag.com, Rachelle Yeung
According to a Drug Policy Alliance press release, just eight short months after the Federal Justice Department and Treasury Department announced new guidelines permitting banks to work with marijuana businesses, credit unions in New Mexico sent letters to nearly half of the state’s licensed medical marijuana producers stating that they will no longer accept their business and will proceed with closing their bank accounts.
The credit unions attest that they are unable to adhere to federal guidelines for servicing the medical marijuana business accounts. This move forces producers to operate on a cash-only payment system or leaves producers struggling to find another financial institution that is willing to accept their business.
[caption id="attachment_8149" align="alignright" width="199"] Emily Kaltenbach[/caption]
“It is disappointing to see that the banking industry in New Mexico is failing to protect medical patients and small businesses in light of the assurances the federal administration has provided and a robust and thriving medical marijuana industry in the state,” said Emily Kaltenbach, state director of the Drug Policy Alliance. “This abrupt move has all of us asking why they are unexpectedly ceasing to do business with the marijuana industry in New Mexico. We would like to know why they are unable to comply with the federal guidelines.”
Ultimately, these legitimate medical marijuana businesses are being denied the same financial services afforded to other industries in every state, despite generating large amounts of tax revenue, particularly in Colorado and Washington. In the meantime, beginning today, all medical marijuana business transactions in New Mexico will be cash-only.
Colorado, Drug Policy Alliance, Emily Kaltenbach, Federal Justice Department, New Mexico, Treasury Department, Washington
The impending departure of Eric Holder from the attorney general’s office has had many people analyzing his actions regarding the drug war during his tenure at the Department of Justice. Despite being present for some meaningful reforms, many think that Holder could have done so much more. According to Eric Sterling’s critique of Eric Holder’s drug policy record:
[caption id="attachment_8145" align="alignright" width="300"] Eric Holder[/caption]
“Since Holder’s resignation yesterday, many advocates of drug policy reform are giving Holder high marks for his accomplishments, especially when compared to his recent predecessors. But taken on his own terms, Holder was a weak attorney general, and late to push for what he probably knew in his heart to be the right course of action. He failed to use his very close relationship with the president to improve and rationalize the criminal justice system and US drug policy sufficiently that these reforms would have acquired a permanence and acceptance—and that would have ensured his legacy. Holder’s legacy is more words than deeds.”
Read the rest of the critique here.
Legislation adopted this year to remove criminal penalties for marijuana possession in Maryland will go into effect on Wednesday. Maryland joins 17 other states and the District of Columbia that have decriminalized or legalized marijuana possession.
Senate Bill 364 makes possession of less than 10 grams of marijuana a civil offense punishable by a fine of up to $100 for a first offense, up to $250 for a second offense, and up to $500 for subsequent offenses. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program.
civil offense, decriminalization, Maryland, MD, Senate Bill 364
According to WSHU.org, New York’s health department is asking permission from the federal government to import out-of-state medical marijuana until its own program is able complete the regulatory process.
The program requires the health department to establish rules and license marijuana production companies. The health department, however, says that it will take until 2016 to get the program started.
[caption id="attachment_8141" align="alignright" width="300"] Gov. Andrew Cuomo[/caption]
Until then, New York Gov. Andrew Cuomo’s administration has requested the Department of Justice to permit importation of medical marijuana from states with existing functional programs.
Although the federal government could potentially grant such a waiver, or simply exercise prosecutorial discretion, patients in the Empire State should not hold their breath.
MPP’s Rachelle Yeung says the federal government has been slow to recognize the medical benefits of marijuana, and that Gov. Cuomo has been equally slow to implement medical marijuana.
“I don’t want to speculate as to his motivations, but as governor of the state of New York, there are ways to expedite the process without asking for special permission from the federal government.”
Furthermore, Yeung relays that it typically takes years for the federal government to allow researchers access to medical marijuana. To avoid this delay, she and other marijuana advocacy groups are urging Cuomo’s administration to accelerate the regulatory and production processes within the state.
Department of Justice, Empire State, Gov. Andrew Cuomo, MPP, New York, Rachelle Yeung, WSHU.org