Texas lawmakers heard over two hours of testimony on a bill to decriminalize small amounts of marijuana on Monday.
Just before the House Criminal Jurisprudence Committee’s hearing on the legislation began, four committee chairs announced they were signing on as cosponsors of the proposal.
— Alexandra Samuels (@AlexSamuelsx5) March 4, 2019
House Bill 63, introduced by Rep. Joe Moody (D) of El Paso, would set civil instead of criminal penalties for people found in possession of up to an ounce of marijuana. The violation would carry a $250 fine that could be increased to a misdemeanor charge after three repeat violations.
Currently in Texas, individuals found in possession of less than two ounces of marijuana can face misdemeanor charges that could result in 180 days in jail or fines up to $2,000.
“I want to make very clear that HB 63 isn’t legalization or medical expansion,” Moody told the committee. “It’s an enforcement alternative, which is to keep marijuana illegal but enforce those laws with a civil penalty instead of a criminal one.”
Getting ready to layout #HB63 in committee. Proud to have strong bipartisan support behind this bill that would create a civil penalty for low grade possession of marijuana. Ready for the work ahead to get this passed! #txlege Watch here https://t.co/t079fXDyCg CC: @TxMJPolicy
— Joe Moody (@moodyforelpaso) March 4, 2019
At the hearing, lawmakers heard from members of law enforcement and the criminal justice system that both support and oppose decriminalizing marijuana.
Nueces County district attorney Mark Gonzalez made the drive to Austin to testify for the bill, even though he was scheduled to lead a capital murder case in Corpus Christi the next day. In addition to supporting HB 63, Gonzalez talked about the diversion program his county and others are implementing to keep low-level drug offenders out of prisons.
“We have to decide enough is enough and to be smart on crime,” he said. “The time is now.”
Senior District Judge John Delaney of Bryan, Texas pointed out in prepared testimony that the bill would reduce the number of drivers licenses that are suspended following a marijuana conviction.
“License suspensions are in some ways more onerous than jail sentences,” Delaney said. “A suspension isn’t over at the end of the suspension period. The suspension continues until the driver takes certain action to get it reinstated. He must fill out an application for reinstatement, pay a $100 fee, purchase expensive SR-22 insurance, and complete a drug education course.”
“The combined cost of these items is a serious barrier for many Texans,” he added.
Delaney said reducing penalties would also save officers’ time.
“Then there are the costs of jailing, feeding, clothing and attending to the medical needs of over 54,000 prisoners a year, plus the costs of processing these individuals through the court system, sometimes with the benefit of court-appointed lawyers,” he said.
Under Moody’s bill, people caught possessing small amounts of cannabis would have the option to take an education course or do community service if they are unable to pay the fine.
During testimony, three police chiefs from around the state testified in opposition to the bill, calling marijuana a dangerous drug and a threat to public health. All three advocated for allowing officers to exercise their own discretion in whether a person should be arrested.
Proud to be in Austin to testify against HB63. Don’t believe the myths. Marijuana is, in fact, a dangerous drug that destroys people’s lives and is detrimental to public safety in Grand Prairie and the State of Texas. @GrandPrairiePD #Texas pic.twitter.com/bObBqVZckV
— Ronnie Morris (@ChiefMorrisGPPD) March 4, 2019
According to an explanatory document circulated by the bill’s supporters, HB 63 would “promote uniformity on a statewide level. The bill would provide legislative guidance to a patchwork system of cities and counties that have attempted to address this on their own.”
“Arrests and prosecutions have little deterrent effect and haven’t caused a decline in marijuana use in Texas, but they do actually make our streets more dangerous by diverting law enforcement from more serious crimes and spurring drug-related violence,” it argues.
If the bill is enacted, marijuana found by police would still be seized and destroyed, in line with current practice.
“Driving while impaired by marijuana is still DWI,” the sponsors’ document reads. “If a marijuana user is causing problems in public, they can still be arrested for public intoxication, disorderly conduct, or any number of things.”
John “Jay” Hall, a retired lieutenant from the Houston Police Department, submitted written testimony on the effects of cannabis prohibition, which he saw firsthand in his 30 years on the force. According to arrest reports from the Texas Department of Public Safety, marijuana accounted for half of 128,003 simple drug possession arrests in 2017.
“This bill also reflects that we are smart on crime with respect to our morality and ethics when we see the devastation that previous marijuana laws have done, especially to communities of color,” he wrote. “This bill shows that we are changing course to allow individuals the opportunity to keep their lives on track.”
Similar legislation advanced out of committee last session but did not receive a floor vote in time to advance.
The bill’s return to Austin comes in the midst of a shift in public perception regarding cannabis. A 2018 survey from the University of Texas and the Texas Tribune found that a majority of Texans support cannabis law reform.
The Republican and Democratic parties of Texas have both adopted marijuana reform planks in their party platforms. And Republican Gov. Greg Abbott has said he’s open to reducing penalties.
David Sloane is a criminal defense attorney from Fort Worth who previously served on the police force in Tarrant County. He described the marijuana arrests he made as “like getting the low-hanging fruit.”
“That wasn’t an arrest report I put on the top of the stack for everyone to see. I stuck that underneath because I wasn’t proud of what I’d done,” he said. “I didn’t see the harm they had done to society.”
Sloane said a majority of the cases his practice now takes are for similar marijuana possession charges.
“It’s insane to have me come here and ask for lower penalties,” he said. “It’s going to put me out of business but you know what? It’s the right thing to do.”
Legalization advocates were pleased with how the hearing went.
“We’re thrilled to see such tremendous bipartisan support for House Bill 63,” Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment. “This bill represents common ground amongst Democrats and Republicans who are ready to move forward with a more reasonable approach to marijuana policy.”
Cory Booker Endorses Bill To Legalize Marijuana In New Jersey
Efforts to legalize marijuana in New Jersey received a high-profile endorsement on Friday, with U.S. Sen. Cory Booker (D-NJ) voicing support for the bill in a statement.
The senator, who is a 2020 Democratic presidential candidate and also sponsored congressional legislation to end federal cannabis prohibition, is the latest in a growing list of political leaders who’ve advocated for the bill, which was approved by state Senate and Assembly committees earlier this week and is expected to receive floor votes in both chambers on Monday.
“New Jersey is the first state in the country to couple decriminalizing marijuana with strong criminal justice reform measures to redress the decades of immense harm inflicted by an unfair system,” Booker said. “All too often, communities of color and low-income individuals are unjustly impacted by our broken drug policies, but by including measures to expunge records and reinvest in the communities most impacted, our state has the opportunity to lead in prioritizing social justice.”
NJ is set to vote on a marijuana legalization bill that has strong measures to reverse the damage of the War on Drugs.
I hope this bill passes & NJ can lead the nation on this. Marijuana legalization & social justice *must* go hand in hand. We can’t have one without the other.
— Sen. Cory Booker (@SenBooker) March 22, 2019
The bill’s focus on social equity provisions has been critical in shoring up support as the legislature gets closer to a vote. Gov. Phil Murphy (D) has been putting out calls to advocates and lawmakers to get the legislation advanced, which would fulfill a campaign promise of his.
“With this bill, New Jersey legislators can send a strong message to the country that marijuana legalization and social justice must be inextricably linked,” Booker said. “I’m hopeful our state will succeed in setting this example.”
It’s been a complicated process to form a coalition united around passing legalization in New Jersey. Disagreements between the governor and lawmakers about certain aspects of the bill such as tax rates and regulatory structures were finally resolved earlier this month when a compromise was reached. And amendments to expand expungement provisions gave the mayors of the state’s two largest cities proper assurance to back the legislation.
That said, Newark Mayor Ras Baraka (D) and Jersey City Mayor Steven Fulop (D) continue to push for automatic expungements, as opposed to virtual expungements. Murphy said that automatic expungements is not a feasible policy.
“Now more than ever, we must work together,” the mayors said in a statement on Friday. “Again, we stand in unison in support of this legislation that could potentially become New Jersey’s law. We should aim to become a model state from which other states can clearly follow. We should address these issues in a manner that protects our communities and the people that live here.”
Mayors @rasjbaraka & @StevenFulop announce support of the proposed cannabis legislation after assurance from state leaders that they will continue to seek full automatic expungement. https://t.co/QN1LeDt6wl pic.twitter.com/bJFbTHOR0a
— City of Newark (@CityofNewarkNJ) March 22, 2019
On Thursday, the governor’s office also released a list of quotes from lawmakers, activists and spiritual leaders voicing support for the legalization legislation.
“If we have learned anything at all, it is that the status quo has been disproportionately unfair to minority communities,” Assembly Speaker Craig Coughlin (D) said. “This bill is a step in the right direction to correct that inequality.”
Senate President Steve Sweeney (D) agreed, saying the legalization bill will “advance social justice, legal justice and economic justice in meaningful ways.”
“This is an opportunity for continued progress as we strive for a society that respects the rights of everyone,” he said.
Whether the legislation will be approved is yet to be seen. NJ.com is keeping track of where lawmakers currently stand on the bill, and as of Friday afternoon their online whip count shows that a majority in the Senate plan to vote against it, while votes allocated so far in the Assembly are roughly even.
Photo courtesy of Jamelle Bouie.
Connecticut Lawmakers Hold Two Simultaneous Hearings On Marijuana Legalization Bills
Two Connecticut committees held hearings on bills to legalize marijuana and expand the state’s medical cannabis program on Friday.
The proposed legislation would permit adults 21 and older to possess, purchase and consume certain amounts of marijuana for personal use. The House bill also includes a number of social equity provisions that are meant to encourage people from communities that were disproportionately impacted by prohibition to participate in the legal industry.
While reform advocates generally support the bills, they’ve also made a series of recommendation to increase the focus on restorative justice and to include policies such as allowing home cultivation.
In the legislature’s General Law Committee, witnesses including a commissioner for the state’s medical cannabis program and social equity advocates testified about HB 7371. That bill would establish a governor-appointed commission to regulate the industry, give licensing priority to individuals from communities most impacted by the drug war and require the commission to conduct a study on permitting a home grow option and microbusinesses.
“The time has come to move this forward. We think this is a fantastic start [and] there is definitely some amazing language in here,” Jason Ortiz, president of Connecticut United for Reform and Equity (CURE), said at the hearing. “There’s just some other pieces that we think undermine the really good parts that we can strike out and maybe amend and move the basic ideas forward.”
“Marijuana prohibition was borne of misinformation and racism and it continues to be enforced unequally to this day,” Karen O’Keefe, director of state policies at the Marijuana Policy Project (MPP), testified.
Over in the Judiciary Committee, experts dedicated significant time to testimony about the public health and safety impacts of cannabis legalization. Lawmakers pressed the witnesses on issues such as labeling requirements, what kinds of edibles should be allowed, impaired driving and the mental health affects of consuming high-THC marijuana varieties.
The bill before that panel, SB 1085, would also legalize cannabis for adult use. But the legislation has a focus on expungements for individuals with prior marijuana convictions for possession of 1.5 ounces or less.
As with the House bill, advocates are supportive of the spirit of the legislation but feel certain provisions fall short. For example, MPP said that expungements should apply to convictions for any kind of cannabis conviction. The organization also called for a home grow option, which is not included in either legalization bill under consideration.
Two other pieces of cannabis legislation were discussed at the Judiciary committee hearing. One would create a misdemeanor penalty for driving while consuming marijuana and provide $500,000 in funding for law enforcement to train officers as drug recognition experts. The other bill specifies that employers don’t have to provide special accommodations for employees who use cannabis while working.
As one of the states considered most likely to legalize cannabis in 2019, the hearings offer another example of how the conversation around reform has shifted from “should it be legal” to “how should it be legal,” with the hearings largely concentrated on defining and promoting social equity provisions.
If either bill makes it through the legislature, Gov. Ned Lamont (D) is expected to sign.
It's time for #CT to legalize marijuana for recreational use. We should expunge criminal charges for simple possession. This will lead to a safer market, and some of the proceeds can be used to correct historical wrongs and support addiction services. https://t.co/BruJ1l1TY6
— Gov. Ned Lamont (@GovNedLamont) March 22, 2019
Committee votes are expected on Monday.
Photo courtesy of Brian Shamblen.
GOP Lawmakers Want Marijuana Banking Vote Delayed In Congress
A key congressional committee is scheduled to vote on far-reaching legislation that would expand marijuana businesses’ ability to store their profits in banks on Tuesday.
But key Republican lawmakers on the panel are now asking Chairwoman Maxine Waters (D-CA) to delay the vote.
(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)
Read the full letter seeking a delay in the marijuana banking vote below:
GOP seeks delay on marijuan… by on Scribd