Connect with us

Politics

Successful Constitutional Case Against Death Penalty Works For War on Drugs, Too

Published

on

The movement to restore civil liberties and resolve systemic racial injustices in the criminal justice system scored a major victory on Thursday. And no, this time we’re not talking about ending the war on drugs. Or at least not yet.

Washington became the 20th state to abolish the death penalty, with the state Supreme Court ruling that capital punishment is unconstitutional because “it is imposed in an arbitrary and racially biased manner.”

If you’re already seeing parallels to arguments for ending drug prohibition, you’re not alone.

Many of the same points the court made in their ruling against the death penalty ring true for the war on drugs, too. For example, the court argued that death sentences have been disproportionately carried out against black defendants, at a rate more than four times higher than it is for white defendants.

There were three main factors the justices cited as justification for abolishing capital punishment.

  1. “There is significant county-by-county variation in decisions to seek or impose the death penalty, and a portion of that variation is a function of the size of the black population but does not stem from differences in population density, political orientation or fiscal capacity of the county.
  2. Case characteristics as documented in the trial reports explain a small portion of variance in decisions to seek or impose the death penalty.
  3. Black defendants were four and a half times more likely to be sentenced to death than similarly situated white defendants.

“The most important consideration is whether the evidence shows that race has a meaningful impact on imposition of the death penalty,” the justices wrote in their opinion. “We make this determination by way of legal analysis, not pure science.”

“Given the evidence before this court and our judicial notice of implicit and overt racial bias against black defendants in this state, we are confident that the association between race and the death penalty is not attributed to random chance. We need not go on a fishing expedition to find evidence external to Beckett’s study as a means of validating the results. Our case law and history of racial discrimination provide ample support.”

Similarly, drug reform advocates have long maintained that prohibition is racially discriminatory given disproportionate rates of enforcement and arrests for drug-related offenses. Black Americans are nearly three times as likely to be arrested for a drug-related crime, compared to white Americans. That’s in spite of the fact that rates of consumption are roughly equal among both groups.

What’s more, a 2012 report from the U.S. Sentencing Commission found that black men serve drug sentences that are about 13 percent longer than those applied to white men.

The Washington court said another factor that contributed to their decision concerned “contemporary standards and experience in other states.”

“We recognize local, national, and international trends that disfavor capital punishment more broadly. When the death penalty is imposed in an arbitrary and racially biased manner, society’s standards of decency are even more offended.”

The parallel here couldn’t be more clear. If such trends demonstrate a need to review and reform an existing law, the same rationale could theoretically apply to drug prohibition. A majority of states have legalized cannabis for medical or adult-use, and national interest in changing federal marijuana laws has steadily grown in recent years. Beyond marijuana, a broader drug reform push has included calls to abolish mandatory minimum sentences for non-violent drug offenses.

Of course, marijuana is already legal in Washington, and no other states have yet legalized drugs, so this part of the ruling’s applicability to a potential case seeking to strike down broad drug prohibition in the state might not be quite ripe yet.

While it’s unclear whether the constitutionality of prohibition could be reasonably challenged on similar legal grounds, the similarities are striking. The justification for capital punishment was another point of interest for the justices, who noted that the system failed to achieve its “penological goals” of “retribution and deterrence.”

For all intents and purposes, drug prohibition too has failed to achieve similar goals. Decades of drug war have not appreciably deterred consumption. From 2001 to 2013, the rate of marijuana use among American adults almost doubled, for instance.

The Cato Institute analyzed the impact of the drug war in a 2017 report. It concluded that prohibitionist policies “fail on practically every margin.”

“Economic thinking illustrates that these failures are not only understandable, but entirely predictable. As a result of prohibition and the changes it induces in the market for drugs, increased disease, death, violence, and cartels are all expectable outcomes. Moreover, economics can help us link together these policies with other issues, such as race relations and police militarization.”

A last note from the Washington Supreme Court justices:

“Under article I, section 14, we hold that Washington’s death penalty is unconstitutional, as administered, because it is imposed in an arbitrary and racially biased manner,” the justices wrote. “Given the manner in which it is imposed, the death penalty also fails to serve any legitimate penological goals.”

Now swap “death penalty” with “drug prohibition” in that last quote… Fits like a glove.

Trump Administration Seeks Public Comments On Marijuana Reclassification

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.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Local Massachusetts Lawmakers Unanimously Approve Psychedelics Decriminalization Measure

Published

on

Local Massachusetts lawmakers on Thursday unanimously approved a resolution to decriminalize a wide range of psychedelics—the latest in a national movement to reform laws on entheogenic plants and fungi.

Prior passing the measure in a 9-0 vote, the Somerville City Council took testimony from two people with personal experience benefiting from the therapeutic use of psychedelics. Several members of the council also discussed the failures of the drug war and the potential medical value of entheogenic substances, particularly as it concerns mental health.

The resolution was supported by the mayor.

“By decriminalizing psychedelic plants, Massachusetts can mainstream harm-reduction strategies as therapists and health providers embrace these compounds for physical, psychological, and spiritual relief,” Decriminalize Nature, Bay Staters for Natural Medicines and the Heroic Hearts Project said in written testimony to lawmakers.

“Somerville has a chance to empower our neighbors, friends, and loved ones to seek the physical and spiritual relief they need and put public health above incarcerating people even in cases of addiction and abuse of controlled substances,” they wrote.

Under the proposal, enforcement of laws against psychedelics such as psilocybin mushrooms and ayahuasca would be among the city’s lowest priorities. It also calls on the county prosecutor to cease pursing cases for persons charged with possessing or distributing entheogens.

The measure states that “the City Council hereby maintains it should be the policy of the City of Somerville that the investigation and arrest of adult persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing entheogenic plants… shall be amongst the lowest law enforcement priority for the City of Somerville.”

It also stipulates that “no City of Somerville department, agency, board, commission, officer or employee of the city, including without limitation, Somerville Police Department personnel, should use any city funds or resources to assist in the enforcement of laws imposing criminal penalties for the use and possession of entheogenic plants by adults.”

The resolution emphasizes that the measure would not allow for commercial sales of these substances, nor would it permit driving while under the influence of them.

“I love living in a city where this is not controversial and you got unanimous support,” Council President Matt McLaughlin said at the close of the meeting. “Let’s end this war on drugs, and this is a good step.”

Watch the lawmakers discuss the psychedelics reform resolution, starting around 25:45 into the video below: 

With Thursday’s vote, Somerville joins a growing number of cities across the U.S. that have enacted psychedelics decriminalization. Most of the reforms have advanced legislatively, though Washington, D.C. became the first jurisdiction to decriminalize via the ballot in November.

Three other cities—Oakland, Santa Cruz and Ann Arbor—have also decriminalized possession of plant-and fungi-based psychedelics.

In Oregon, November’s election saw the passage of a historic initiative to legalize psilocybin mushrooms for therapeutic purposes. The governor announced in November that applications for an advisory board to oversee implementation of the program were being accepted up until January 1.

Much of this reform progress can be traced back to Denver, which became the first city in the country to decriminalize psilocybin mushrooms in May 2019. Since then, activists in more than 100 cities have expressed interest in pursuing psychedelics decriminalization.

In Oakland, the first city where a city council voted to broadly deprioritize criminalization of entheogenic substances, lawmakers approved a follow-up resolution last month that calls for the policy change to be adopted statewide and for local jurisdictions to be allowed to permit healing ceremonies where people could use psychedelics.

A California state senator plans to file a bill to decriminalize psychedelics for the 2021 session.

Meanwhile, after Ann Arbor legislators passed a decriminalization resolution in September, a county prosecutor recently announced that his office will not be pursuing charges over possessing entheogenic plants and fungi—“regardless of the amount at issue.”

Virginia Senate Holds First Marijuana Legalization Hearing, With More Scheduled Next Week

Photo elements courtesy of carlosemmaskype and Apollo.

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.
Continue Reading

Politics

North Dakota Lawmakers File Bill To Significantly Expand Marijuana Decriminalization Law

Published

on

North Dakota lawmakers have introduced a bill to significantly expand marijuana decriminalization in the state.

The legislation, which was filed on Monday, would build on an initial cannabis decriminalization law that was enacted in 2019.

Under the current statute, possession of half an ounce or less of marijuana is an infraction punishable by a fine of up to $1,000, with no jail time. The new proposal would make possession of up to an ounce a non-criminal offense that carries a $50 fine.

Further, possession of more than one ounce and less than 250 grams would be treated as an infraction, rather than a class B misdemeanor, as it is currently classified.

Possessing more than 250 grams of marijuana would be a class B misdemeanor and possessing more than 500 grams would be a class A misdemeanor.

The bill is being sponsored by Rep. Shannon Roers Jones (R) and Sen. Scott Meyer (R) in their respective chambers. It’s been referred to the House Judiciary Committee.


Marijuana Moment is already tracking more than 250 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

“It’s encouraging to see Rep. Roers Jones and her colleagues continue the push to reduce harsh and senseless penalties for possession of small amounts of marijuana in North Dakota,” Jared Moffat, state campaigns manager at the Marijuana Policy Project, told Marijuana Moment. “Decriminalization is no substitute for legalizing and regulating marijuana for adults, as several of North Dakota’s neighbors have now done. But passage of this bill would continue the trend of progress the state has seen in recent years.”

Activists are moving forward with plans to put a cannabis legalization ballot initiative before voters in 2022.

The measure, which would allow adults 21 and older to possess and cultivate cannabis for personal use, was submitted to Secretary of State Al Jaeger on Monday. If its language is accepted, the campaign will be able to start signature gathering to qualify for the ballot.

The same team behind the new initiative came close to putting a similar measure on the state’s ballot last year, but petitioning efforts were impeded by the coronavirus pandemic.

A separate group of advocates, Legalize ND, also attempted to qualify a different legalization initiative in 2020 that would have allowed retail sales but excluded a home grow option. That organization is also considering plans for its own 2022 measure.

Previously, a 2018 legalization push that did qualify for the ballot was defeated. Voters in the state did approve a measure to legalize medical cannabis in 2016, though the law was scaled down by the legislature the following year.

While activists are skeptical that the legislature has the appetite to enact the policy change on their own, it is the case that lawmakers may feel increased pressure given that voters in neighboring South Dakota and Montana elected to legalize cannabis in November.

Read the new North Dakota marijuana decriminalization bill below: 

North Dakota Decriminalizat… by Marijuana Moment

New Mexico Governor Says Marijuana Legalization Is A 2021 Priority

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.
Continue Reading

Politics

Virginia Senate Holds First Marijuana Legalization Hearing, With More Scheduled Next Week

Published

on

A Virginia Senate committee held an initial hearing on Friday on a bill to legalize marijuana that was introduced with support from the governor just two days ago.

The legislation’s quick consideration by the Senate Rehabilitation and Social Services Committee is an early sign that lawmakers intend to advance it expeditiously. Two additional hearings are scheduled for Tuesday and Wednesday in a newly formed subcommittee of the panel that’s specifically focused on cannabis policy.

The bill, which is being carried by top Senate and House leaders, would create a system of regulated and taxed marijuana sales and production, and allow adults 21 and older to purchase and possess up to one ounce of cannabis and cultivate up to four plants for personal use, two of which could be mature.

After the bill is considered by the new marijuana-focused subcommittee next week, the full Rehabilitation panel is expected to hold a vote next Friday to refer it to the Senate Judiciary Committee. After that panel considers the legislation, it would head to the Finance Committee before coming to the full Senate floor.

At the initial hearing, members heard testimony from a representative of Gov. Ralph Northam’s (D) administration and asked questions about components of the bill such as those concerning expungements and social equity grants.

The legislation’s provisions have been informed by two official state studies on legalization that were recently conducted by a legislative commission and a separate working group comprised of four Virginia cabinet secretaries and other officials, both of which looked at how to effectively implement legalization and submitted recommendations to the governor’s office late last year.

Those studies were required under a marijuana decriminalization bill that was approved last year.

Many of those recommendations have been incorporated into the new legislation, including provisions to promote social equity in the cannabis market. Notably, it would also apportion almost half of the tax revenue the state collects from marijuana sales to funding pre-kindergarten education—a policy championed by First Lady Pamela Northam.

The state’s alcohol regulatory body would be renamed the Virginia Alcoholic Beverage and Cannabis Control Authority, and it would be responsible for promulgating rules and issuing licenses.

A new 21 percent tax would be imposed on cannabis sales, and local jurisdictions that allow marijuana businesses to operate could levy an additional three percent tax. Existing state sales taxes would also apply on purchases, for a total potential 30 percent tax rate.

Revenue from the new state tax would go toward funding pre-k education (40 percent), a Cannabis Equity Reinvestment Fund (30 percent), substance misuse and treatment programs (25 percent) and public health initiatives (five percent).


Marijuana Moment is already tracking more than 250 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

Deputy Secretary of Agriculture and Forestry Brad Copenhaver, who testified on behalf of the Northam administration on Friday, emphasized that the “keystone of this entire bill is marijuana legalization of a social equity endeavor.”

Advocates have celebrated the bill’s introduction and are optimistic about the prospects of getting the reform enacted this session, but they also feel the legislation as proposed can be improved upon.

One problematic provision from advocates’ perspective is that the bill would make public consumption a misdemeanor, whereas currently it is a civil offense punishable by a $25 fine.

Additionally, it seems to increase the fine for people aged 18-20 who possess cannabis. The fine would be $250 for a first offense, and the legislation also stipulates that underage people could be subject to mandatory substance misuse treatment for violating the law.

This introduction of the bill comes one month after the governor included provisions to lay the groundwork for cannabis legalization in a budget proposal that also calls for millions of dollars to support expungements. Northam had campaigned on merely decriminalizing possession, but he publicly backed broader legalization of marijuana for adult use in November.

Northam said during his State of the Commonwealth address on Wednesday that cannabis prohibition was deliberately enacted as a means to discriminate against people of color.

“The administration’s proposal does an excellent job of centering equity and restorative justice, but we are greatly concerned by the proposed rollbacks of newly enacted decriminalization measures and creation of new crimes for consumption and possession,” Jenn Michelle Pedini, executive director of Virginia NORML, told Marijuana Moment.

“Not only would this escalation in criminalization not increase public safety, this will specifically target young, Black, Brown, and poor Virginians, those who are already overwhelmingly and disproportionately harmed by marijuana prohibition,” Pedini, who also serves as NORML’s national development director, said. “Governor Northam wants to get this right, and NORML will be offering policy guidance to help the administration do just that. It’s time to move forward, not backward, with cannabis policies in the Commonwealth.”

Separate legislation to legalize cannabis for adult use was filed by Del. Steve Heretick (D) last week.

Meanwhile, legislation to stop police from searching people or seizing property based solely on the smell of marijuana in Virginia is set to take effect after lawmakers adopted recommended changes from the governor in October.

Also during the recently concluded special session, Northam signed another bill that will allow people issued summonses for cannabis offenses under the state’s new decriminalization law to prepay their civil penalty rather than having show up in court.

USDA Releases Final Rule For Hemp, Two Years After Crop Was Federally Legalized

Photo courtesy of Philip Steffan.

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.
Continue Reading
Advertisement

Marijuana News In Your Inbox

Support Marijuana Moment

Marijuana News In Your Inbox

Do NOT follow this link or you will be banned from the site!