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Portland Lawmakers Vote To Take Marijuana Tax Money Away From Police Department

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The Portland City Council approved an amendment to a proposed budget on Thursday that would divest marijuana tax revenue funds from the city’s police department. The budget as a whole has not yet passed and will be taken up again next week.

Amid widespread calls to defund law enforcement in response to police killings of black Americans such as George Floyd and Breonna Taylor, the local lawmakers approved about $27 million in cuts as part of the spending legislation. City Commissioner Chloe Eudaly voted against the full package, however, arguing that it didn’t make enough cuts to police.

The Minority Cannabis Business Association (MCBA) had called on the Council to stop appropriating cannabis tax dollars to the department in a press release on Wednesday, emphasizing that a significant amount of that revenue is funding law enforcement despite the city passing a measure in 2016 stipulating that those funds should be designated for substance misuse treatment, public safety and small business development.

According to a 2019 report from the Portland City Auditor, 79 percent of marijuana tax revenue has gone to public safety, including about 46 percent directly to the Portland Police Bureau.

“Cannabis has historically—and continues to be to this day—a tool weaponized against communities of color,” Dr. Rachel Knox, an MCBA board member and chair of the Oregon Cannabis Commission, told Marijuana Moment. “We can go back to the 1970s, to the Controlled Substances Act and to the beginning of the war on drugs, where we saw marijuana being used, being wielded, against communities of color to criminalize them for simple things like possession.”

“It’s really, in my opinion, paradoxical that we are now using the economy of cannabis to fund the very institution that continues to terrorize communities of color and continues to disproportionately police our communities for the enforcement of marijuana laws,” she said.

The budget was approved for a second reading without an emergency clause attached, meaning that unlike Thursday’s initial vote, it will not require unanimous support for passage. If it is approved as amended when lawmakers reconvene next week, marijuana tax revenue that’s current funding police would instead be invested in restorative justice initiatives.

“This is not just an Oregon problem, this is a national disgrace,” MCBA President Jason Ortiz said in a press release. “We call on all cannabis justice activists to investigate their municipal finances, their local cannabis company investments, and discover if and how dollars meant for community uplift are being sent to law enforcement. This mockery of justice is a shameful moment in our history and we will not allow it to be our future.”

MCBA wants jurisdictions across the country to follow Portland’s lead and end the allocation of marijuana revenue to law enforcement.

“For too long we’ve invested so many resources to a law and order approach that has been unjust, unfair, and violent particularly towards communities of color, especially the Black community,” Commissioner Jo Ann Hardesty said. “We simply cannot police our way out of inequities. Today, we disrupt that pattern. Today, we begin to collectively reimagine and build towards community safety and police alternatives.”

The commissioner also criticized the “no” vote from her colleague, stating that she does not “want to let this detract from the very real steps taken, but it is an important reminder on what performative allyship looks like.”

“While we are making strides in realigning our budget with our values, this ‘no’ vote does nothing to materially support our BIPOC communities,” she said. “All this does is delay the much-needed relief for our communities and continues to allow these units to exist for that much longer.”

Across the U.S., there are active conversations about the relationship between cannabis criminalization and racial injustice in policing.

Two members of the House circulated a sign-on letter on Thursday urging fellow lawmakers to keep marijuana reform in mind as a way to further promote racial justice while they debate policing reform legislation.

California Gov. Gavin Newsom described his states’s legalization of marijuana as a “civil rights” matter last week. Virginia Gov. Ralph Northam said that the passage of cannabis decriminalization legislation this year represents an example of how his state has addressed racial inequities that are inspiring mass protests

Sen. Cory Booker (D-NJ) also recently said racial disparities in marijuana enforcement is an example of a systemic injustice that underlies the frustration of minority communities.

Last month, 12 House members introduced a resolution condemning police brutality and specifically noting the racial injustices of the war on drugs. It now has 173 cosponsors.

That measure came one week after 44 members of the House sent a letter to the Justice Department, calling for an independent investigation into a fatal police shooting of Taylor in a botched drug raid.

In New York, there’s a renewed push to pass a package of criminal justice reform legislation that includes a bill to legalize marijuana.

The head of a federal health agency recently acknowledged racial disparities in drug enforcement and the harm that such disparate practices have caused—and on Monday, NORML asked her to go on the record to further admit that this trend in criminalization is more harmful than marijuana itself.

Lawmakers Ask Fellow Congressional Democrats To Pursue Marijuana Legalization Amid Policing Debate

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Virginia Has Sealed 64,000 Marijuana Distribution Charges Since Legalization Took Effect This Summer

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“These aren’t just numbers and there are families attached.”

By Ned Oliver, Virginia Mercury

Virginia has sealed records documenting more than 64,000 misdemeanor marijuana distribution charges since the state legalized the drug in July.

The figure came out Thursday during a meeting of the legislature’s Cannabis Oversight Commission.

Officials said the records were scrubbed from the state’s criminal record database, which is used by employers like school boards, state agencies and local governments to screen employees.

The state had already sealed 333,000 records detailing charges of simple possession last year after the state reduced the offense to a civil infraction on par with a traffic offense, said Shawn G. Talmadge, the Deputy Secretary of Public Safety and Homeland Security.

Lawmakers directed the state to expand that effort when they voted to broadly legalize recreational use of marijuana earlier this year.

The legislature also agreed to a broader expungement reform that will automatically seal other misdemeanor charges, including underage possession of alcohol, use of a fake ID, petit larceny, trespassing and disorderly conduct. Talmadge said those charges will remain in the system until the state finishes updating the software it uses to track criminal records.

“As of right now, the process is proceeding,” he said.

Members of the oversight commission also heard from two advocates who urged them to move fast to address people currently imprisoned for marijuana offenses—a category of people the legalization legislation passed this year did not address.

Chelsea Higgs Wise, the leader of the advocacy group Marijuana Justice, and Gracie Burger, with the Last Prisoner Project, said Department of Corrections data suggests there are currently 10 people being held solely on serious marijuana charges.

They said it remains unknown how many more are being held because of marijuana related probation violations.

“These aren’t just numbers and there are families attached,” Burger said.

This story was first published by Virginia Mercury,

Nevada Sold More Than $1 Billion In Marijuana In One Year, Officials Report

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DEA Proposes Dramatic Increase In Marijuana And Psychedelic Production In 2022, Calling For 6,300 Percent More MDMA Alone

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The Drug Enforcement Administration (DEA) is proposing a dramatic increase in the legal production of marijuana and psychedelics like psilocybin, LSD, MDMA and DMT to be used in research next year.

In a notice scheduled to be published in the Federal Register on Monday, the agency said there’s been a “significant increase in the use of schedule I hallucinogenic controlled substances for research and clinical trial purposes,” and it wants authorized manufacturers to meet that growing demand.

DEA had already massively upped its proposed 2021 quota for cannabis and psilocybin last month, but now it’s calling for significantly larger quantities of research-grade marijuana and a broader array of psychedelics to be manufactured in 2022.

It wants to double the amount of marijuana extracts, psilocybin and psilocyn, quadruple mescaline and quintuple DMT. What especially stands out in the notice is MDMA. The agency is proposing an enormous 6,300 percent boost in the production of that drug—from just 50 grams in 2021 to 3,200 grams in the coming year—as research into its therapeutic potential continues to expand.

LSD would see a 1,150 percent increase, up to 500 grams of the potent psychedelic.

Marijuana itself would get a 60 percent boost under DEA’s proposal, up to 3.2 million grams in 2022 from the 2 million grams last year.

Here’s a visualization of the proposed quota increase from 2021 to 2022 for marijuana and cannabis extracts:

For all other THC, psilocybin, psilocyn and MDMA:

And for other psychedelic substances like LSD, mescaline and DMT:

DEA said in the Federal Register notice that it has been receiving and approving additional applications to “grow, synthesize, extract, and manufacture dosage forms containing specific schedule I hallucinogenic substances for clinical trial purposes” to achieve these ambitious quotas.

“DEA supports regulated research with schedule I controlled substances, as evidenced by increases proposed for 2022 as compared with aggregate production quotas for these substances in 2021,” the agency said, adding that it working “diligently” to process and approve marijuana manufacturers applications in particular, as there’s currently only one farm at the University of Mississippi that’s permitted to cultivate the plant for research.

“Based on the increase in research and clinical trial applications, DEA has proposed increases in 3,4- Methylenedioxyamphetamine (MDA), 3,4-Methylenedioxymethamphetamine (MDMA), 5-Methoxy-N,N-dimethyltryptamine, Dimethyltryptamine, Lysergic acid diethylamide (LSD), Marihuana, Marihuana Extract, Mescaline, Psilocybin, Psilocyn, and All Other Tetrahydrocannabinols to support manufacturing activities related to the increased level of research and clinical trials with these schedule I controlled substances.”

Here are the exact numbers for the proposed 2021 and 2022 quotas:

Substance 2021
2022 proposed
Marijuana 2,000,000 3,200,000
Marijuana extract 500,000 1,000,000
All other tetrahydrocannabinol 1,000 2,000
Psilocybin 1,500 3,000
Psilocyn 1,000 2,000
MDMA 50 3,200
LSD 40 500
Mescaline 25 100
DMT 50 250
5-MeO-DMT 35 550
MDA 55 200

A 30-day public comment period will be open after the notice is formally published on Monday.

It’s difficult to overstate just how significant the proposed 2022 increases are, but it’s certainly true that scientific and public interest in marijuana and psychedelics has rapidly increased, with early clinical trials signaling that such substances show significant therapeutic potential.

National Institute on Drug Abuse (NIDA) Director Nora Volkow told Marijuana Moment in a recent interview that she was encouraged by DEA’s previous proposed increase in drug production quota. She also said that studies demonstrating the therapeutic benefits of psychedelics could be leading more people to experiment with substances like psilocybin.

Advocates and experts remain frustrated that these plants and fungi remain in the strictest federal drug category in the first place, especially considering the existing research that shows their medical value for certain conditions.

A federal appeals court in August dismissed a petition to require the DEA to reevaluate cannabis’s scheduling under the Controlled Substances Act. However, one judge did say in a concurring opinion that the agency may soon be forced to consider a policy change anyway based on a misinterpretation of the therapeutic value of marijuana.

Separately, the Washington State attorney general’s office and lawyers representing cancer patients recently urged a federal appeals panel to push for a DEA policy change to allow people in end-of-life care to access psilocybin under state and federal right-to-try laws.

Singer Melissa Etheridge And Activist Van Jones Promote Psychedelics Reform As Movement Grows

Image element courtesy of Kristie Gianopulos.

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Supreme Court Won’t Hear Case On Legalizing Safe Drug Consumption Sites, But Activists Are Undeterred

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The U.S. Supreme Court (SCOTUS) has rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment.

The justices announced on Tuesday that they decided against taking up the case raised by the nonprofit Safehouse, despite the pleas of attorneys general from 10 states and D.C. who recently filed amici briefs urging the court’s involvement.

Representatives from 14 cities and counties, as well as the mayor of Philadelphia, which is at the center of the current case, also filed briefs in support of the case in recent days.

Safehouse was set to launch a safe consumption site in Philadelphia before being blocked by a legal challenge from the Trump administration. It filed a petition with the nation’s highest court in August to hear the case.

But while the Supreme Court declined to take action—and the Biden administration passed up its voluntary opportunity to weigh in at this stage, which may well have influenced the justices’ decision—activists say the battle will continue at a lower federal court level, where the administration will have to file briefs revealing its position on the issue.

“We were disappointed that the government chose not to respond to our petition,” Safehouse Vice President Ronda Goldfein told Filter. “They said, ‘We’re going to waive our right to respond,’ [and] the Supreme Court declined to review our case. Ordinarily that sounds like the end of the road—but in our case we are still pursuing our claims in a different venue.”

That venue will be the the federal district court in Philadelphia, where activists plan to submit multiple arguments related to religious freedom and interstate commerce protections. The Biden administration will be compelled to file a response in that court by November 5.

“If they don’t respond, they lose,” Goldfein said.

A coalition of 80 current and former prosecutors and law enforcement officials—including one who is President Joe Biden’s pick for U.S. attorney of Massachusetts—previously filed a brief urging the Supreme Court to take up Safehouse’s safe injection case.

Fair and Justice Prosecution, the group that coordinated the amicus brief, also organized a tour of Portugal for 20 top prosecutors in 2019 so they could learn about the successful implementation of the country’s drug decriminalization law.

If the Supreme Court were to have taken the case and rule in favor of Safehouse, it could have emboldened advocates and lawmakers across the country to pursue the harm reduction policy.

The governor of Rhode Island signed a bill in July to establish a safe consumption site pilot program where people could test and use currently illicit drugs in a medically supervised environment. It became the first state in the country to legalize the harm reduction centers. It’s not clear whether the Department of Justice will seek to intervene to prevent the opening of such facilities in that state.

Massachusetts lawmakers advanced similar legislation last year, but it was not ultimately enacted.

A similar harm reduction bill in California, sponsored by Sen. Scott Wiener (D), was approved in the state Senate in April, but further action has been delayed until 2022.

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