Ben & Jerry’s wants to remind people this 4/20 that hundreds of thousands of people are still getting arrested for non-violent marijuana offenses.
As a growing number of companies compete to win over consumers with weed-themed promotions and social media gimmicks surrounding the cannabis holiday, the ice cream giant is pointing out ongoing racial disparities in marijuana enforcement—including in states that have legalized it.
“Happy 4/20, everyone! Now that pot is legal in 33 states and counting, it’s a pretty heady moment for stoner culture. Fans of cannabis can celebrate 4/20 openly and in style in more places than ever before,” they company wrote in a blog post on Friday. “And even if you’re not in a state that legalized pot, there’s a still a pretty good chance that the cops won’t hassle you as you spend 4/20 doing your thing.”
“If you’re a white person.”
The blog goes into detail about racial disparities in the legal industry, disproportionate arrest rates in states like Colorado and also notes that while Republican former House Speaker John Boehner’s stance on cannabis has evolved—from prohibitionist to marijuana firm board member—it also reflects a problematic willingness to profit off the legal industry without recognizing the criminal justice reform work that’s still to be done.
— Ben & Jerry's (@benandjerrys) April 19, 2019
Increased support for cannabis reform, including from former opponents, is “good news,” the company wrote. “What’s troubling is that the criminal justice system hasn’t kept up with the culture.”
Ben & Jerry’s is calling on Congress to expunge the records of individuals with prior marijuana convictions and pardon anyone “whose only crime was possession of cannabis.” The company is also applauding city officials who’ve proactively expunged marijuana records and prosecutors who’ve announced that their offices would no longer be pursing low-level cannabis crimes.
“Want to feel really really good this 4/20? Then let’s make sure that legalization benefits all of us. That’ll turn 4/20 into a day that we all can celebrate.”
To that end, the company is teaming up with San Jose marijuana dispensary Caliva, which is donating 4.20 percent of profits from 4/20 sales to support Code for America’s effort to automatically expunge past cannabis convictions.
Our friends at @gocaliva will be donating 4.20% of their profits on 4/20 to @codeforamerica in recognition of their project, Clear My Record, which works to give people a second chance by clearing cannabis records. All the more reason to celebrate the holiday!" pic.twitter.com/yREQDh9163
— Ben & Jerry's (@benandjerrys) April 19, 2019
They’re also linking to a petition that people can sign to show their support for comprehensive marijuana reform and, to sweeten the deal, they’re offering a a free pint of their “Half Baked” ice cream blend to anyone who orders a cannabis delivery from Caliva.
— Ben & Jerry's (@benandjerrys) April 19, 2019
“At this point where a company can’t just invoke 4/20 for laughs or give lip service to social justice, it’s great to see a campaign use the holiday to call attention to concrete solutions around ‘cannabis justice,'” Shaleen Title, who holds the social justice seat on the Massachusetts Cannabis Control Commission, told Marijuana Moment.
Meanwhile, other mainstream brands are launching 4/20-themed campaigns of their own—most of which don’t address the historical harms of prohibition enforcement.
Fast food chain Carl’s Jr., for example, is hoping to turn out the 4/20 crowd in Denver by selling a burger with CBD-infused sauce on the marijuana holiday. The burger will cost $4.20 and all of the proceeds will go to…the company.
— Carl’s Jr. (@CarlsJr) April 17, 2019
While that move caught plenty of media headlines—in part because the Food and Drug Administration has repeatedly said that adding CBD to the food supply remains prohibited—Carl’s Jr. is far from alone in its overt campaign to leverage the holiday without addressing the inherent privilege it represents.
Pizza Hut is offering a Triple Chocolate Brownie for $4.20 on Saturday.
Boston Market is offering a promotion surrounding…pot pies.
All joking aside, tomorrow only buy one Pot Pie & a drink and get one Pot Pie FREE. https://t.co/0I4ZYfc4gf
— Boston Market (@bostonmarket) April 19, 2019
“It is unfortunate to see the white-washing and commercialization of 4/20 by corporate interests with no stake in the fight for marijuana justice,” Erik Altieri, executive director of NORML, told Marijuana Moment. “While the news will undoubtedly focus on light hearted celebrations, it is imperative we remember that every year over 600,000 Americans are still arrested for simple marijuana possession, those arrested are overwhelmingly people of color and other marginalized communities.”
“While there is still much to celebrate in regards to the progress we have made, we still have a long way to go to right the wrongs of prohibition,” Altieri said. “Instead of focusing on a quick way to get rich, marijuana-related businesses should follow Ben and Jerry’s lead and they must take seriously their social obligation to advance social justice and civil liberties as members of the nascent cannabis industry.”
New York-based Fresh&Co rolled out a line of marijuana-themed offerings like “half-baked salad.”
GrubHub analyzed its own sales data to show what food items were the most popular on 4/20 before and sent out an email blast on the findings.
“Let us be blunt. The ultimate stoner holiday is around the corner, and if there’s one thing Grubhub knows, it’s that one crucial ingredient of a successful 4/20 is food,” GrubHub wrote. “The munchies are a natural side effect of smoking marijuana, so why not indulge on the hungriest day of the year?”
Ridesharing service Lyft—in a promotion that at least advances a harm reduction message—announced that it is offering a $4.20 credit for a single ride in Colorado and various select cities throughout the U.S. and Canada where marijuana is legal—similar to what it did last year.
“Kick back and enjoy 4/20 with the help of Lyft and our designated drivers,” the company wrote. “We’ve partnered with some great folks to help you get to the park, to the store, and back to the couch — easier than ever.”
Increasingly, advocates and some lawmakers are growing frustrated by the country’s lighthearted, or profit-driven, attitude toward cannabis reform. Sen. Cory Booker (D-NJ) no longer wants people to talk to him about legalization without making restorative justice for those harmed by prohibition a key part of the conversation.
Congressional Democrats also held a panel at a recent policy retreat that centered on social equity in the cannabis industry. That marijuana should be legal was regarded as a given, but more to the point, a legal system should lift up those who’ve been disproportionately targeted by the drug war.
Legalization advocate and rapper Killer Mike, whose birthday happens to coincide with the cannabis holiday, said in a press release on Friday that 4/20 should remind people of the need to decriminalize cannabis.
“While there has been progress, we should go one step further and ensure that the very people (African Americans) who have been profiled and punished due to the War on Drugs, have an opportunity to participate in the commercialization of marijuana,” he said. “It is not enough to decriminalize weed, promote its sale in local economies and not think creatively about how Black people can benefit from the very thing that has directly impacted their lives.”
Rapper Who Owns Looted Marijuana Dispensary Says Justice Is More Important Than Business
One marijuana dispensary owner whose business was caught in the chaos stemming from the reaction to rampant police violence over the weekend says he values life and justice over his stolen cannabis merchandise.
Cookies, a well-known dispensary in Los Angeles, was looted during Saturday’s massive protests sparked by the killing of George Floyd. But the brand’s creator and store’s part-owner, the famous rapper-turned-cannabis-entrepreneur Berner, says he is more concerned about the underlying injustices being highlighted by protestors than the damage to his storefront.
A video on Instagram shows the Cookies location on Melrose being broken into, with people jumping the fence, entering the store and stealing products. Police are seen driving by in the clip, but no one appears to have been arrested.
Berner, whose real name is Gilbert Anthony Milam Jr., released a statement shortly after the incident.
The rapper doesn’t condemn the people who broke into the store. Instead, he argues that human life is more valuable than any building.
“It’s extremely unfortunate what happened to our store tonight on Melrose. But as a human living in the world we’re living in today, I cannot expect anything less until justice is served,” Berner said in the video posted to his 1.3 million Instagram followers. “We can rebuild our store, but you cannot bring someone back to life.”
“With that being said, we stand with what is going right now in the world. A statement needed to be made. All I say is, I pray everyone stays safe and protects their family in a time like this,” the rapper said. “How can I worry about a store when there is so much more going on in the world right now? So much hate, so much anger, so much pain, and a lack of justice. Please take care of your families and stay safe.”
There were six armed security guards at the storefront, Berner said, but he told them not to be violent towards protesters. “I don’t want to see anyone die!! I told everyone to stand down,” he posted. “I’m not allowing anyone to die on my watch… all life matters. And money comes and goes…”
Instagram commenters were quick to suggest that insurance money stemming from the theft would be advantageous to Berner. One commenter, Elijah71p, wrote: “Plus that insurance money won’t hurt.”
But Berner said he wasn’t counting on it, replying: “We sell weed. I’m not sure that insurance will honor our business, I haven’t even thought about it. I was focused on preserving life and instructing the armed guards to stand down and not to shoot.”
Another commenter wrote on the post: “Someone had good insurance, lol other wise I’m sure this would sound different.”
“Nah man, the world is a fucked up place,” replied Berner. “This is from the heart homie.”
Cannabis companies have historically had a hard time accessing coverage for things like lost employee wages, property damage and more due to marijuana’s federal classification as a schedule I substance.
Berner started Cookies as a clothing and cannabis brand in the San Francisco Bay Area in 2016. The company has held itself up as an equity success story, opening the Cookies Haight Street location with CEO Shawn Richard under San Francisco’s first social equity license. While some have raised questions about the involvement of white investors and people with political pull helping to win the dispensary’s approval, Berner has maintained that the company is holding true to authentic cannabis culture—one that represents and speaks up for black, indigenous and people of color.
The Cookies brand, well-known for its bright blue packaging, is on sale in eight medical and adult-use markets across the country, including in Its dispensary storefronts in Los Angeles, Santa Ana, San Francisco and Denver.
Cookies isn’t the only dispensary to have been impacted by looting over the weekend. Photos of a ransacked MedMen location in downtown Los Angeles have surfaced, for example.
medmen got cleaned out of cannabis last night in downtown los angeles pic.twitter.com/zlw9RjDOtS
— Zeus Tipado (@tipado) May 31, 2020
The company has not issued a statement at the time of publication.
Missouri Lawmakers Defeat Amendment To Require They Consume Marijuana Before Voting
Missouri lawmakers rejected an amendment to a health care bill on Thursday that would have required House members to consume a “substantial” amount of marijuana before performing their legislative duties.
The amendment, introduced by Rep. Andrew McDaniel (R), was defeated in a voice vote—though a reporter in the room said he heard a few “ayes.”
Text of the measure stipulated that “members of the Missouri House shall consume a substantial dose of medicinal marijuana prior to entering the chamber or voting on any legislation.”
McDaniel told Marijuana Moment in a phone interview that, this time of year, lawmakers tend to pile on amendments to bills. The current health care-focused legislation has “a whole bunch of crap” that’s been attached to it, he said, and so he saw an opportunity to “get everyone to chill out and get a little chuckle” with his proposal.
— Andrew McDaniel (@drurep150) May 7, 2020
The hope was also that it could “get them all to pay attention” and “quit messing it up,” he said.
The lawmaker said he similarly heard some “aye” votes from the chamber, though he said he wasn’t going to force people to go on the record with a roll call vote.
It was just shot down by a voice vote. But pretty sure I heard some "Ayes" https://t.co/9uEFBgb3Mj
— Tynan Stewart (@tynanstewart) May 7, 2020
“It was just for fun—simmer down, bring up a little bit of laughter in such a somber environment of the times we’re in,” McDaniel said.
Erik Alteri, executive director of NORML, told Marijuana Moment that he appreciated the sentiment.
“During these trying times we all could certainly use a laugh which this amendment provided. Though having state legislators imbibe before session might not be the worst thing to encourage cooperation for the public good,” he said. “At the very least perhaps opponents of ending our failed probation on cannabis may finally realize they are ruining hundreds of thousands of lives per year over a plant.”
Another part of the inspiration behind the lawmaker’s amendment was a more serious provision of the overall legislation that provides protections for registered cannabis patients against having their registration in the program reported to the federal government.
The bill, SB 580, states that “no state agency, including employees therein, shall disclose to the federal government, any federal government employee, or any unauthorized third party, the statewide list or any individual information of persons who have applied for or obtained a medical marijuana card.”
McDaniel said that he supports both medical and adult-use cannabis legalization, though constituents in his district haven’t gotten on board with broader reform and so he doesn’t have immediate plans to introduce actionable legislation to that end. The legislator described himself as having a libertarian perspective on the issue.
He did sponsor a bill in 2018 that would have made a constitutional amendment establishing a limited medical cannabis program in the state. That came before voters approved more a far-reaching medical marijuana legalization measure during the November election that year.
Last month, a campaign to legalize marijuana in Missouri officially ended its bid to qualify for this year’s general election ballot due to signature gathering difficulties caused by the coronavirus outbreak.
Photo courtesy of Martin Alonso.
Marijuana Bumper Stickers? No Thanks, Drivers Say In National Survey
Even as a growing number of states are enacting legalization laws, stigma around marijuana is alive and well in the United States—at least according to a recent survey about the kinds of bumper stickers America’s drivers are willing to put on their vehicles.
Drivers said they would be less open to displaying a cannabis-related decal than ones featuring messages surrounding other controversial topics, such as politics, religion, gun ownership or even President Trump.
Of those who wouldn’t sport a cannabis bumper sticker on their cars, most said they worried it would affect how police would perceive them.
The survey of 1,195 people asked whether drivers would be willing to display various bumper-sticker messages, including their “support for/opposition to marijuana.” Of all the topics asked about, cannabis was the least popular, with only 34 percent of respondents saying they’d consider such a decal.
By comparison, 53 percent said they would be willing to advertise their views on gun ownership, 44 percent said they would display their religious identity and 42 percent said they would share their stance on President Trump.
The survey was conducted by SafeHome.org, a website that publishes consumer information about home and personal safety. The company acknowledges that the data “rely on self-reporting,” which doesn’t always provide the most reliable conclusions. “There are many issues with self-reported data,” the site points out. “These issues include, but are not limited to, selective memory, telescoping, attribution and exaggeration.”
The poll nevertheless provides a glimpse into what at least some Americans are thinking when they weigh what views to broadcast on the road.
When drivers who said they wouldn’t display marijuana messages were asked what made them hesitate, 59 percent said they believed it would “affect how police perceive me.” Nearly half (45 percent) said they thought “it looks tacky”—more than any other topic but Trump.
Roughly a third of drivers who said they wouldn’t sport a cannabis bumper sticker said the topic was too personal (35 percent), it would affect how other drivers would perceive them (32 percent) or that they simply didn’t care enough about it (31 percent).
The survey also asked respondents about whether they believed their existing bumper stickers had indeed attracted unwanted attention, either from police or fellow drivers. Marijuana, however, was not included in that section of the survey. Among issues people believed they were pulled over unfairly for, “endorsement of racial identity/equality” ranked highest. When it came to aggression from other drivers, “support of/opposition to President Trump” was the top response.
Whether or not a weed bumper sticker makes someone more likely to be pulled over, it’s easy to see why drivers may have that fear. In many states, law enforcement organizations remain among the most stubborn opponents to legalization, and among their most common arguments is that legalization will make America’s roads more dangerous. Available data, however, are less clear on that subject.
Some research has found that traffic fatalities went down after legalization while overall accidents went up, a result that could be the result of drivers drinking less alcohol. The effects also seem to vary from state to state. A 2019 congressional report acknowledged the lack of a clear consensus on marijuana’s impact on driver safety. “Although laboratory studies have shown that marijuana consumption can affect a person’s response times and motor performance,” the Congressional Research Service wrote, “studies of the impact of marijuana consumption on a driver’s risk of being involved in a crash have produced conflicting results, with some studies finding little or no increased risk of a crash from marijuana usage.”
Cannabis, of course, is also the only item in the new bumper sticker survey that is directly attributable to motor impairment. That, combined with the fact that marijuana remains illegal in much of the country, is likely to make drivers think twice about slapping a weed-friendly bumper sticker on the back of their car.
Despite the controversy, however, most Americans support legalization at rates of between 60 percent and 70 percent, according to recent national polls. And a recent YouGov survey found that 55 percent of respondents said that legalization was either a complete success or “more of a success than a failure.”
Constitutionally speaking, Americans have a First Amendment right to political speech, and courts have ruled that bumper stickers generally fall under that protection. And political statements, even those supporting marijuana or its legalization in areas where it’s still illegal, aren’t themselves evidence that a person has violated any laws.
In practice, however, it’s still possible for law enforcement to target individuals for mundane reasons like bumper stickers only to later cite a different, more valid reason to justify a traffic stop. Perhaps unsurprisingly, it seems the best way to avoid attention when driving is to keep your car au naturel: Vehicles with at least one controversial decal on them, the SafeHome.org survey found, were almost three times more likely to be pulled over during the past year.