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Is That A Marijuana Vape Pen In This North Carolina Mayor’s Take-Out Dinner Pic?

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A North Carolina mayor was probably only trying to highlight best social distancing practices and support for local businesses when she posted photos of her takeout dinner on Twitter. But by failing to crop out what appears to be a marijuana vape pen, she sparked a different conversation entirely.

“Here is what we did tonight to support our local restaurants,” Raleigh Mayor Mary-Ann Baldwin (D) wrote earlier this month. “Take out from Garland. And we left a 35 percent tip. Please do the same.”

As residents in more jurisdictions around the country have been encouraged to stay at home amid the spread of the coronavirus, delivery and takeout food orders have become popular ways of supporting small businesses. Baldwin’s tweet included two photos of her group’s Indian dinner spread, still in its to-go packaging.

In one photo, just north of the tandoori poussin, is what appears to be a cannabis vape pen.

The apparent slip-up immediately drew fire on Twitter.

“More like Mary-Jane Baldwin am I right,” quipped one commenter in the replies.

“So the Mayor is allowed to have weed pens??” asked another, tagging the Raleigh Police Department’s account.

“If you or I get caught w marijuana in N.C. we get thrown in jail,” replied a third, “while the mayor posts pictures telling you how much to tip with her weed pen in the picture.”

Others correctly pointed out that it’s not clear from the picture that the vape pen contained marijuana at all. Devices like the one in Baldwin’s photo can contain a number of legal or illegal substances, including nicotine, THC, CBD or even psychedelic drugs.

“Everyone is assuming that [it] is a weed pen,” Jon Lubecky, veterans and government affairs liaison for the Multidisciplinary Association for Psychedelic Studies, posted in a reply. “It very well [may] not be a weed pen. It might be DMT,” a powerful hallucinogen.

Lubecky later clarified to Marijuana Moment that he was being facetious: “It was tongue in cheek due to NC’s and Raleigh’s draconian drug laws,” he said. “Whether it was DMT, Cannabis, or some other substance, she would have anyone else arrested for it.”

To Baldwin’s credit, however, she has previously indicated that punitive policing of cannabis offenses may not be productive and called for a debate over the appropriate approach to marijuana.

Neither Baldwin nor a mayoral spokesperson replied to Marijuana Moment’s requests for comment on Wednesday. Messages left with the Raleigh Police Department also went unreturned.

Much of the critical response focused on the hypocrisy of the mayor allegedly having a marijuana product at home while others in the city face arrest and criminal punishment. Arrests for cannabis vape pens in Wake County, where Raleigh is located, climbed from six arrests in 2018 to at least 33 last year, according to a CBS 17 report in November. The county sheriff’s office also last year broke up an operation where individuals allegedly put the psychedelic DMT into vape pens, according to deputies.

Between January 31, 2017 and July 7, 2019, the Raleigh Police Department made 3,154 cannabis-related arrests, according to documents released in response to a Freedom of Information Act request.

If the vape pen indeed contained THC, it’s likely to be less than 0.05 ounces. Possession of that amount of cannabis concentrate in North Carolina is a misdemeanor and carries a punishment of $200 and up to 10 days in jail.

Baldwin herself has called for leniency in cannabis arrests, telling the local publication Indy Week during her mayoral campaign last year that there were likely better ways of dealing with marijuana possession than sending people to jail. Asked how she would improve police relations with the city’s black community, then-candidate Baldwin questioned Raleigh’s existing approach.

“You get kids busted for a little bit of marijuana, where we’re sending people to jail for something that is legal in other parts of the country,” she said. “Is that really how we should be policing? Are there ways that we can help kids, help young people, instead of just busting them? What are we doing to facilitate conversations in the community between the police? We have a great police department. At the same time, I know that there’s opportunity for improvement.”

Baldwin stopped short, however, of saying she would ask police to end such arrests.

“That’s where I would need feedback from the police chief,” she said.

Legalization advocates said they didn’t want to judge Baldwin for having what may have been cannabis as depicted in the tweet, which was first noted by The Daily Dot. But they hoped it would be a lesson to the mayor about the importance of treating everyone equally under the law.

“Some mayors consume cannabis just like many of their constituents,” Justin Strekal, political director for NORML, told Marijuana Moment. “Hopefully this tweet will represent a teachable moment and Mayor Baldwin will immediately direct law enforcement to halt marijuana related arrests and be an advocate to legalize it at the state level.”

Feds Prosecuted Even Fewer Marijuana Cases In 2019 As More States Legalize, New Data Shows

Photo courtesy of Twitter/Mayor Mary-Ann Baldwin.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Ben Adlin is a Seattle-based writer and editor. He has covered cannabis as a journalist since 2011, most recently as a senior news editor for Leafly.

Politics

New Jersey Prosecutors Must Suspend Marijuana Possession Cases, State Attorney General Says

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The New Jersey attorney general on Wednesday told prosecutors to adjourn most marijuana possession cases until at least January 25, 2021 following voter approval of a referendum to legalize cannabis for adult use this month.

While the initiative amends the state Constitution to legalize marijuana for those 21 and older, lawmakers must still pass enabling legislation to create a regulatory framework for cannabis sales. The day after the election, Attorney General Gurbir Grewal (D) had issued initial guidance to prosecutors encouraging them to use discretion when it comes to marijuana offenses that will soon be codified as legal.

But this latest announcement expands on that memo, ordering prosecutors to pause cases involving a wide range of low-level cannabis possession offenses.

“Fairness demands that we suspend prosecution of marijuana possession-related cases while we await direction from the Legislature on the parameters for decriminalization of marijuana and legalization of regulated adult-use cannabis,” Grewal said. “It simply does not make sense or serve justice to proceed with prosecutions on charges that may be foreclosed soon through legislative action.”

The attorney general’s office listed seven specific laws that will be impacted by the temporary policy change, including those penalizing possession of up to 50 grams of cannabis and being under the influence of marijuana.

“Notably, today’s guidance does not affect the prosecution of cases charging distribution of marijuana or possession of marijuana with intent to distribute,” a press release from his office says.

The new memo specifies that “in cases where there are other pending charges in addition to the marijuana possession-related offenses enumerated above, prosecutors shall use their discretion to either postpone the case in its entirety or seek dismissal, without prejudice, of the above-enumerated marijuana possession-related charge(s) and proceed with prosecution of the remaining charges.”

In the previous guidance released earlier this month, Grewal recognized that there may be some confusion among residents about the implications of the legalization referendum’s passage so police and prosecutors “should exercise discretion” in pursuing marijuana cases, as outlined under earlier 2018 guidance that he issued.

A municipal prosecutor recently argued in a memo sent to colleagues across the state that voters’ approval of the legalization referendum, as well as the attorney general’s earlier directive this month, means that many current cannabis cases should not be pursued.

Senate President Steve Sweeney (D), who previously pressed the attorney general to issue guidance to suspend arrests and court cases for possession of marijuana, praised the new move on prosecutions.

“Now that the people of NJ have spoken no one should be subject to facing criminal charges for minimal amounts of this substance,” he said in a tweet.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

Photo courtesy of Mike Latimer.

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Republican Lawmakers And Celebrities Push Trump To Free Marijuana Prisoners Before Leaving Office

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A group of celebrities, Republican officials and civil rights advocates sent a letter to President Trump on Wednesday, urging him to pardon or commute the sentences of people in federal prison for nonviolent federal marijuana offenses.

The letter, which organizers said they adapted from an earlier request after discussing the previous proposal with the office of Trump senior adviser and son-in-law Jared Kushner, states that the signatories “strongly believe that justice necessitates the exercise of executive clemency in these cases.”

Unlike the last version, the new letter comes with an attachment—at the request of Kushner’s office, advocates said—of a specific list of 24 people who are currently behind bars for cannabis offenses, including several who are serving life sentences.

Weldon Angelos, who himself was convicted over cannabis and handed a mandatory minimum sentence before a court cut his sentence and released him, personally delivered the first version of the letter to the White House in March. He told Marijuana Moment that Kushner’s office then reached out to his organization, Mission Green, to request that, in addition to redelivering the request, advocates include a list of incarcerated people who they feel are especially entitled to presidentially granted relief.

Those two dozen currently incarcerated individuals include people like Luke Scarmazzo, who was sentenced to 22 years in federal prison for operating a state-legal medical cannabis business in California. These inmates shouldn’t have to wait for Congress to get around to enacting federal policy change, and the president should use executive action to pardon them, the letter states.

“You have expressed support for the States’ right to implement their own cannabis laws, especially for medicinal purposes,” the signatories, including former NBA star Kevin Garnett, wrote. “And while there are a number of proposals being introduced in Congress to finally put an end to cannabis prohibition, they tend to lack any real avenue of relief for those who are serving time for selling cannabis.”

“Given the timidity of this proposed legislation, the gridlock in Congress, and the imperative of freedom, clemency is the right tool to fix this problem,” it continues. “You and you alone have the power to call out a grand hypocrisy of prior administrations. While cannabis became a thriving, legal market and enriched many, your predecessors ignored the people who were—and are—serving long federal terms for doing the same thing.”

Leaders in the Democratic-controlled House of Representatives announced that they plan to vote on a far-reaching bill to federally legalize marijuana next month, but the Republican Senate has shown no signs it intends to follow suit.

Among the more than 50 signatories of the new letter is Alice Johnson, who appeared at the Republican National Convention and whose story was featured in Trump campaign ads after her drug sentence was commuted by the president.

Republican state lawmakers from Kansas, Maine and Missouri also signed on, as did a former U.S. attorney, actor Danny Trejo, the New Haven, Connecticut police chief and former New Mexico governor and presidential candidate Gary Johnson. They were joined by representatives of groups like #cut50, Marijuana Policy Project and Law Enforcement Action Partnership.

So far during his administration, Trump has granted 27 pardons and 11 commutations. But the advocates behind this letter, including members of the CAN-DO Foundation, which partnered with Mission Green, expect to see a ramping up of clemency from the executive office in the coming weeks, as is traditional during the final weeks of a presidency.

Kushner and the White House press office did not immediately reply to Marijuana Moment’s request for comment for this story.

Angelos said that he hasn’t received confirmation on timing, but he expects Trump to announce additional pardons and commutations as early as the Thanksgiving holiday.

“It’s ridiculous that we currently have a billionaire in the cannabis industry, yet we are keeping select individuals in prison for doing the exact same thing. This is just another example of a wasteful and destructive criminal justice system,” he said in a press release. “I firmly believe President Trump will strongly consider fixing some of the most egregious sentences that we have brought to his attention.”

“He’s the first president on modern history to commute a number of sentences in his first few years in office,” he added. “Traditionally, pardons and commutations happen at the end of a presidency, and so this pattern gives us some comfort that we will get justice for some of them.”

It’s not clear how Trump will react to the request for a round of cannabis-specific clemency.

His reelection campaign worked to frame him as the criminal justice reform candidate, but he hasn’t proactively championed marijuana reform, has made several anti-legalization administration hires and issued signing statements stipulating that he reserves the right to ignore long-standing congressional riders that prohibit the Justice Department from using its funds to interfere with state-legal medical cannabis programs.

Also, despite his pledged support for medical marijuana and states’ rights, the president evidently holds some negative views toward cannabis consumption, as evidenced in a 2018 recording in which he said that using it makes people “lose IQ points.”

Read the letter to Trump about marijuana clemency below:

Letter to President Trump -… by Marijuana Moment

Marijuana Legalization Is Inevitable In New York, Especially After New Jersey Vote, Top Senator Says

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New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization Bill Advances

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A municipal prosecutor in New Jersey is arguing in a memo sent to colleagues across the state that voters’ approval of a marijuana legalization referendum this month, and subsequent guidance from the attorney general, means that many current cannabis cases should not be pursued.

In a two-page message to other top law enforcement officials that was shared with Marijuana Moment, Jon-Henry Barr, the municipal prosecutor for the Township of Clark, said that he appreciated that state Attorney General Gurbir Grewal (D) released guidance stipulating that police and prosecutors “should exercise discretion” in pursuing marijuana cases.

But voters made clear on Election Day that they no longer want to see adults 21 and older to be convicted for simple possession, he said, and they also lack control over lawmakers’ timeline for passing enabling legislation that would codify that policy statewide.

“New Jersey’s municipal prosecutors can look to the text of the State Constitution and interpretive caselaw for more guidance about what should be done with pending cases,” Barr, who is a past president of the New Jersey State Municipal Prosecutor’s Association and is a member of the pro-reform group Law Enforcement Action Partnership, wrote. “The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done.”

The attorney general’s reminder that prosecutors have discretion in cannabis cases is important, but it still leaves questions about how exactly they should proceed in the interim while lawmakers work on implementing regulations for a legal marijuana market, he said.

“In light of the global pandemic and the statewide referendum, are the interests of justice served by continuing to prosecute low level marijuana cases?” he asked. “I conclude that no reasonable argument can be made to claim that the interests of justice are accomplished by maintaining the prosecution of most current cases. However, that does not mean that all cases should simply be summarily dismissed.”

In terms of what types of cases could continue to be subject to prosecution, Barr said the referendum simply applied to low-level possession for those 21 and older. Underage possession, distribution and possession with the intent to distribute should all still be pursued on a case by case basis, at least while the legislature works to enact specific regulations.

While the attorney general in 2018 issued previous initial guidance encouraging discretion in marijuana cases, Barr said the referendum vote demonstrates that “public policy in New Jersey has now shifted significantly further, and it is my thoughtfully considered, carefully researched, and well-reasoned position that most, but not all, current marijuana cases should not be prosecuted.”

“I again maintain that this memo fully respects and complies with the direction provided thus far by the attorney general of New Jersey, and complete deference to his directives will continue,” he said.

Enabling legislation to set rules for the state’s cannabis market was introduced just days after the referendum vote, and it’s already advancing at the committee level.

Most recently, the Assembly Appropriations Committee and Senate Budget and Appropriations Committee approved legalization bills, albeit in differing forms that will have to be resolved. Planed floor votes for this week have been canceled as leaders hold bicameral negotiations on outstanding details.

Meanwhile, the Senate recently approved a separate marijuana decriminalization bill and the Assembly was supposed to vote on it as well, but that was also pushed back amid disagreement about an amendment to lower penalties for psilocybin, and has yet to be rescheduled.

In anticipation of the legislature’s approval of a legalization bill, Gov. Phil Murphy (D) recently named an official to lead the state’s Cannabis Regulatory Commission that will oversee the legal marijuana market.

Read the memo to prosecutors on marijuana enforcement discretion below: 

Memo on marijuana prosecuti… by Marijuana Moment

Connecticut Lawmakers Will Put Marijuana Legalization On The Ballot If Legislature Rejects Bill

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