Washington State is considering including pot vending machines in their retail stores! The self-serve machines are being touted as “convenient for customers who don’t want to wait in lines, and for those who are particularly shy.”
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Higher Ground: Weed in the Rose Garden
The legalization battle arrives at our nation’s capital.
Every single day there’s breaking news in the marijuana movement. Alaska officially legalized weed on February 24, making it the fourth state in the Union to toss aside the chains of prohibition, and the next day, at the stroke of midnight, our nation’s capital, Washington, D.C., followed suit. #CommanderInSpleef!
But if ya think the “Just Say No” Nancy Reagan types are gently stepping aside, and the taxation and regulation of cannabis are going along swimmingly, you’ve been smoking too much of the recently legalized chronic.
In the District of Columbia, an hour before the city officially made recreational ganja legal, Republicans in the House of Representatives tossed a little fear-mongering into the mix.
“You can go to prison for this,” Rep. Jason Chaffetz (R-Utah) told The Washington Post—and the citizens of D.C. who overwhelmingly approved the initiative. ”We’re not playing a little game here.”
Reps. Chaffetz and Mark Meadows (R-N.C.) sent a memorandum to D.C. Mayor Muriel Bowser, threatening that if the city chose to move forward with pot in the District, “you will be doing so in knowing and willful violation of the law.” The right-wing reps were trying to nullify legalization—and the will of the people—through riders they’d previously attached to the unrelated trillion-dollar Congressional spending bill.
The letter went on to demand that Bowser create a list of all D.C. employees who participated in the enactment of the ballot measure, fork over their timecards, and share their salaries, apparently in an effort to create a sort of Green List. Joe McCarthy would be so proud.
Bowser’s no pushover (hell, in D.C., mayors often smoke crack just to deal with the toughness of their constituents); she let the world know she would do what more than 70 percent of her residents made clear they wanted when they passed the measure last summer. “My Administration is committed to upholding the will of DC voters,” she tweeted. “We will implement Initiative 71 in a thoughtful, responsible way.”
Police Chief Cathy Lanier is also on board, telling the American News Women’s Club, ”All those [marijuana]arrests do is make people hate us.” She added, “Marijuana smokers are not going to attack and kill a cop. They just want to get a bag of chips and relax. Alcohol is a much bigger problem.”
D.C.’s decriminalization law is a particularly big deal because of the massive racial biases behind marijuana arrests in the city. According to the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, nine out of 10 people arrested for drug offenses in D.C. between 2009 and 2012 were black. And while blacks make up slightly more than half of the city’s population, surveys show they’re no more likely than whites to use marijuana. The craziest fact of all, according to The Washington Post: White folks are more likely than any other race to be selling drugs. Let’s just say it loud and clear: The War on Drugs is a war on black Americans.
Beyond that, the new D.C. law is largely symbolic, as sales of any kind are not allowed (which also means they won’t be collecting any of those sweet tax dollars). Individuals are allowed to possess and cultivate up to six plants, but only three can be budding in the government’s backyard at a time. District residents can’t fire up on federal land (yes, that means the Lincoln Memorial), in bars or restaurants, or in public housing. Medical marijuana is allowed (it was passed in D.C. in 2010), and if you’re feeling particularly generous, you can “gift” an ounce to friends, family, and fellow residents, so long as they’re over 21. (“Mr. Speaker, I hereby offer this peace-doobie to break the gridlock . . . ”)
The road to national legalization will be paved with setbacks, scare tactics, and a social conversation about what it means to be high. As with moonshine, civil rights, and same-sex marriage, we’ll have to tinker a bit to get it right. Nebraska and Oklahoma are taking Colorado to the U.S. Supreme Court, claiming legalization is causing massive drug-enforcement problems, with too many pickups full of Denver ganja entering their backyards. Last week all nine former DEA heads joined the brief. It points to red state/blue state differences, and serves as yet another reminder that, yes, marijuana is still illegal at the federal level.
But in a sign that we can all get along, a man walked into the Sixth District police station in D.C. last Monday and asked for his previously seized weed back. (He’d been arrested for a charge unrelated to drugs, and, along with a belt and a wallet, had his stash taken during processing.) As possession of two ounces or less is fully legal, an officer gave him his baggie of marijuana. Progress, apparently, comes in small doses.
This article first appeared in The Seattle Weekly.
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DRUG SENTENCING CHANGES WILL SAVE TAXPAYERS BILLIONS
A proposed change to the nation’s rigid drug sentencing laws could save taxpayers billions, according to a new report by the United States Sentencing Commission, the agency that guides sentencing policy for the federal courts.The report, released Tuesday, examines the impact of a reform that would shave an average of two years off the sentences of roughly half the people serving time in the federal prison system for drug crimes. Doing so would save the government 83,525 “bed years,” the report concludes. (A “bed year” is the bureaucratic term for the cost of keeping one person behind bars for one year.)
With about 100,000 federal prisoners doing time for drugs, at the cost of nearly $30,000 per prisoner a year, that comes out to more than $2.4 billion in total savings.
Recent remarks by Department of Justice officials suggest that they could use every cent. Prison costs make up a third of the department’s budget, and the department’s inspector general has warned that prison overcrowding poses an “increasingly critical threat” to the safety and security of prisoners and staff.
Last month, the seven-member Sentencing Commission voted unanimously to adopt a change to the sentencing guidelines that would reduce drug sentences by an average of about 11 months per prisoner. Unless Congress rejects the change, it will go into effect on Nov. 1. Tuesday’s report considers what would happen if the reform were applied to prisoners who are already behind bars. The commission says it will decide by July 18 whether to make the change retroactive.
Mary Price, an attorney with Families Against Mandatory Minimums, a group that opposes harsh sentencing laws, supports retroactivity “for so many reasons.”
“It would be a cruel irony to fix the problem of over-sentencing only to deny relief to the thousands who have suffered its consequences,” she said in a statement. “It will also make a real impact on the federal prison population, which hovers at nearly 40 percent above capacity and which siphons funds needed for crime prevention, detection and prosecution.”
To understand how the proposed reform would work, one needs to understand something of the history of America’s byzantine sentencing system. In 1986, at the crest of a national wave of concern about crack cocaine, the U.S. adopted a law that assigned specific sentencing levels and penalty ranges to a variety of drug crimes. For example, if someone is convicted of selling 15 grams of meth, that person is considered a “level 18” offender under the Anti-Drug Abuse Act of 1986, which imposes a recommended sentence for the crime, generally between 27 and 33 months in prison.
The new guidelines adopted by the Sentencing Commission would lower the standard sentencing levels by two points across the board. In this example, a person convicted of selling 15 grams of meth would then be rated a “level 16” offender, resulting in between 21 and 27 months behind bars.
Of the 100,888 people currently in federal prison for drug convictions, only about half would be eligible for a sentence reduction under the reform, should it be applied retroactively. Many of the ineligible prisoners were sentenced under separate mandatory minimum statutes that require they spend a fixed amount of time in prison.
The reform is just one measure that could allow the Department of Justice to trim its bloated prison budget. Congress is considering a bipartisan bill that would reduce mandatory minimum sentences for those convicted of nonviolent drug crimes, and the Justice Department recently announced a huge expansion of its clemency process, which could lead to hundreds of drug prisoners going free before their sentences are up.
(Thanks to reporter Saki Knafo and the HuffPo for this story)
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Jerry Brown
California Governor Jerry Brown had some surprising things to say about his State legalizing marijuana. And we had some surprising things to say back!
