Tag Archives: Don Rippert

Altria rumored to be in talks to buy Canadian cannabis company Cronos Group

High in Henrico.  Henrico County based Altria, makers of Marlboro cigarettes among other products, is rumored to be interested in buying Canadian cannabis company Cronos Group.  Altria is refusing comment while Cronos said it “confirmed that it is engaged in discussions concerning a potential investment by Altria Group … in Cronos Group.”  Cronos went on to say that no agreement had been reached and there is no assurance that the discussions will lead to a deal.

Is that really a maple leaf on the flag?  Canada legalized possession of marijuana nationally effective October 17, 2018.  Under the national law provinces have some latitude regarding specific cannabis regulation.   In Quebec and Alberta, the legal age is 18; it’s 19 in the remainder of the country for example.  However, unlike the United States, there is no dichotomy between national and provincial (state) law.  There can be no doubt that this legal clarity is encouraging companies like Altria to consider entering the Canadian marijuana market while sitting on the sidelines of American states which have legalized grass.

Implications for Virginia.  Pot legislation and the business of selling pot is moving quickly in North America.  In November Michigan became the tenth US state to legalize possession of marijuana.  There is legislation pending for the 2019 General Assembly session to decriminalize marijuana in the Old Dominion.  Now an iconic and politically connected Virginia-based company apparently sees no moral or ethical issue with participating in Canada’s legal marijuana market.  Given that Altria’s board includes Virginia luminaries such as Thomas F Farrell, CEO of Dominion and John T Casteen, former President of UVA one wonders if Altria’s plans might lend respectability to marijuana reform in Virginia.

I smell refund.  In 2018 a bill to decriminalize possession of small amounts of marijuana (SB 111) was defeated along party lines in the Courts of Justice.  Nine Republican state senators voted against the bill.  Over the years all nine have received campaign contributions from Altria.  Given that these nine politicians see marijuana possession as a serious crime one would hope they will return these campaign contributions given that Altria is trying to engage in marijuana production, distribution and sale.  After all, is it moral to keep money contributed by a company engaging in practices you think should be illegal?  Here are the amounts (per VPAP):

Obenshain – $44,250
Norment – $128,433
McDougle – $58,000
Stuart – $8,500
Stanley – $9,500
Reeves – $28,265
Chafin – $1,500
Sturtevant – $8,000
Peake – $500

— Don Rippert

Marijuana arrests and racism in Virginia (especially Arlington County)

Reefer madness.  The upcoming debate in the Virginia General Assembly over decriminalizing possession of small amounts of marijuana may have racial overtones.  VCU Capital News Service studied the data for marijuana arrests in Virginia from 2010 through 2016.  African Americans were 3.2 times more likely to be arrested for marijuana crimes than whites.  At the same time separate research shows almost no difference in marijuana use between white and black Americans.  Across America it’s even worse.  Nationally, a black person is 3.73 times more likely to be arrested for a marijuana crime than a white person.

Location, location, location.  VCU Capital News Service breaks down the data by locality.  You can find the numbers here.  The only jurisdictions where the per capita arrest rate for whites is higher than blacks are those counties where the population is so low that a single arrest can make a statistical difference.  Highland County, for example, averaged 13 African American residents over the study’s time period and none of the 13 were arrested for marijuana crimes.  Two white people (out of about 2,200) were arrested for marijuana crimes in Highland County.  In all of Virginia’s populous localities the African American arrest rate was notably higher than the corresponding rate for white people.  In Hanover County for example, blacks were arrested at a frequency 6.3 times that of whites.

Libtopia.  Anybody who has ever been to Arlington County knows that safe spaces are mandated by the building codes, snowflakes can be seen in July and rainbow colored unicorns prance in the bike lanes.  It’s a progressive paradise.  So it probably comes as a surprise that African Americans were more than eight times more likely than whites to be arrested for marijuana crimes in Arlington from 2010 – 2016.  Arlington County’s Board has five Democrats, no Republicans and no independents.  The lone independent (John Vihstadt) was defeated in November.  How is it possible for the Lions of Libtopia to turn a blind eye to rampant racism occurring in their social justice warrior wonderland?

The Hook is dope.  If you do want to posses marijuana you ought to consider residing in the City of Charlottesville (25 total arrests per 100,000 residents) rather than the City of Emporia (1,595 total arrests per 100,000 residents).  You are 64 times more likely to get a reefer bust in Emporia than in Charlottesville.  Does anybody think that the people of Emporia use marijuana 64 times more often than the people in Charlottesville?  In fairness, I95 comprises about 1/2 of the border of Emporia so many of the arrests may be people using that highway.  However, Falls Church (51) vs Fairfax City (589) makes one wonder.

Unfair at any speed.  As the General Assembly considers decriminalizing the possession of small amounts of marijuana it should also consider the fairness of the present system.  Vast differences are observable in the enforcement of marijuana laws across race and location.  In locality after locality you are more likely to be arrested for marijuana if you are black vs white.  The City of Charlottesville (pop 45k) made 11 marijuana related arrests from 2010 through 2016, fewer than 2 per year.  The City of Danville (pop 43k) made 354 arrests over the same period, over 50 per year.

— Don Rippert

Whatever happened to Terry McAuliffe’s GreenTech Automotive venture?

Photo credit: NewsAdvance

Seems like yesterday.  In late 2012 Terry McAuliffe was the only Democrat running for Virginia governor in the upcoming 2013 election.  One of his central campaign themes was that he was an entrepreneur who would bring jobs to Virginia.  He was also an investor and recently resigned Chairman of a venture called GreenTech, a would be manufacturing company that hoped to make energy efficient electric cars in the United States.  Prior to announcing his second campaign for governor Terry had been out trolling for government subsidies in return for bringing GreenTech’s manufacturing plant to some lucky American community.  During McAuliffe’s tenure as chairman, GreenTech had announced that it would locate in Tunica, Mississippi rather than Virginia.  Candidate McAuliffe was asked why he didn’t bring GreenTech to Virginia at a Dec 5, 2012 press conference.  He claimed that Virginia “decided not to bid” on the automobile plant.  The truth was more complicated resulting in a Politifact article citing McAuliffe’s claim as “false”.  It seemed that Virginia lost out on at least 1,500 GreenTech manufacturing jobs.  The relatively small flurry of controversy over GreenTech subsided, McAuliffe became governor and Mississippi gained thousands of jobs.  Or did they …

Virginia smells a rat.  The Virginia Economic Development Partnership (VEDP) did hold conversations with GreenTech about locating in Virginia during 2009.  GreenTech was scheduled to tour potential plant sites in Danville, Martinsville and Waverly on Oct 7th and 8th.  But then came GreenTech’s surprise announcement to locate in Mississippi on Oct 6.  Was the VEDP just a day late and a dollar short?  Not quite.  Virginia officials were not at all convinced of the overall GreenTech business model.  In a letter from the executive director of VEDP to Virginia’s Secretary of Commerce and Labor those concerns were spelled out.

Mississippi buys a rat.  Apparently, Mississippi saw no problems with a start-up car company building $15,500 to $18,000 electric mini-cars with a top speed of 45 mph for export to China.  Mississippi inked the deal and GreenTech opened a temporary location in Horn Lake, MS in July, 2012.  Bill Clinton and the governor of Mississippi joined Terry McAuliffe for an opening celebration at the site.  The good people of Tunica County (where 33% live below the poverty line) were well on their way to an economic miracle.  Or were they …

Failure to launch.  Virtually nothing came from the promised GreenTech deal.  GreenTech never ended any year with more than 100 employees.  In early 2017 GreenTech shut down its Mississippi operations.  Later that year Mississippi sued to get its money back.   Last February GreenTech filed for bankruptcy.

Peter the Great Pretty Good.  As GreenTech started to unravel ahead of the 2013 election erstwhile Bacon’s Rebellion columnist Peter Galuszka wrote an opinion piece declaring that Green Tech was a mess but not a scandal.  At the time Galuszka wrote that opinion piece GreenTech was still in business and employed about 80 people.  That would roughly mark the zenith of GreenTech’s operations.  Now that the company is dust in the wind lawsuits have been filed.  As Mr. McAuliffe is rumored to be considering a run for president GreenTech may yet graduate from mess to scandal.  It would be interesting to know how Terry McAuliffe fared from a personal financial perspective with GreenTech.  If he lost his own money maybe GreenTech is still just a mess.  However, if he made money on the failed deal it would be a scandal.

Caveat Virginia.  While VEDP’s BS detector seemed to work brilliantly in the GreenTech matter … that’s not always the case.  Bacon’s Rebellion readers should keep an eye out for an upcoming update to the Tranlin deal in Virginia.  It seems likely that the Tranlin deal is not going to end well for the Commonwealth.

— Don Rippert 

2019 General Assembly Session – Amending the State Constitution

Lucky number seven.  Virginia has rewritten its original constitution (1776) six times thus making our current constitution (1971) the seventh state constitution.  While there is no serious movement afoot to get to the eighth constitution there are plenty of carry over, first reference and first resolution bills that propose to modify our present constitution.

Right to vote.  HJ578, Keam D-Vienna (first reference).  Provides there is a right to vote and requires the Commonwealth to provide all resources necessary to assist qualified voters in the exercise of their right to vote.

Redistricting Commission.  HJ 582, Heretick, D-Portsmouth (first reference).  Establishes a 13 member Virginia Redistricting Commission.

Governor’s term of office.  HJ584, Keam D-Vienna (first reference).  Permits governor to succeed himself or herself in office.  Permits two terms, either in succession or not.  Prohibits a third term.

Joint election of Governor and Lt Governor.  HJ585, Keam D-Vienna (first reference).  Joint election of Governor and Lt Governor.  Both candidates to appear jointly on the ballot similar to the US president and Vice President.

Reapportionment after redistricting.  HJ591, Cole – R-Fredricksburg (first reference).  Reapportionment of legislative electoral districts following census-based redistricting.  Limited to getting districts to coincide with voting precincts.

Definition of marriage.  SJ1, Ebbin – D – Alexandria (carry over).  Repeals language defining marriage as”only a union between one man and one woman” based on ruling oif US Supreme Court in Obergefell v. Hodges (2015).  Legislation refiled as first reference under SJ251.

Qualifications for Governor.  SJ2, Chase – R – Midlothian (carry over).  Increases from five to eight years the time a person must be a resident of Virginia before becoming eligible to be governor.  Legislation refiled as first reference under SJ252 and as a first resolution under SR82.

General Assembly term limits.  SJ3, Chase – R – Midlothian (carry over).  Limits members of the Senate to three full terms and members of the House of Delegates to six full terms.  Legislation refiled as first reference under SJ253 and as a first resolution under SR83.

Restoration of right to vote for non-violent felons.  SJ5, Lucas – D – Portsmouth (first reference).  Allows the General Assembly to enact a law automatically restoring the right to vote for non-violent felons who have completed their sentences.

Governor’s term of office (see also HJ584).  SJ8, Ebbin – D- Alexandria (carry over).  Permits governor to succeed himself or herself in office.  Permits two terms, either in succession or not.  Prohibits a third term.  Legislation refiled as first reference under SJ250.

Qualifications to vote.  SJ9, Locke – D – Hampton (carry over).  Removes restrictions on the right to vote from those convicted of a felony or adjudicated to be mentally incompetent.

Qualifications to vote.  SJ12, Lucas – D – Portsmouth (carry over).  See SJ9 (above).

Virginia Redistricting Commission.  SJ25, Hanger – R – Augusta (carry over).  Established seven member redistricting commission.  Establishes standards to remain in compliance with state constitution requirements for districts.

Restoration of right to vote for felons.  SJ27, Hanger – R – Augusta (carry over). Allows General Assembly to legislate automatic restoration of right to vote for felons who have completed their sentences other than in cases of “barrier crimes” (to be defined by the General Assembly).

Virginia Redistricting Commission.  SJ34, Barker – D – Alexandria (carry over).  Establishes an eight member redistricting commission.

Seized drug assets used to promote law enforcement.  SJ39, Reeves – R – Fredericksburg (carry over).  Proceeds from the sale of forfeited property for drug offenses be paid into the state treasury and distributed for the purpose of promoting law enforcement, the purpose of promoting law enforcement shall be as defined by general law.

Virginia Redistricting Commission.  SJ51, Deeds – D – Bath (first resolution).  See HJ582 (above).

Criteria for electoral districts.  SJ68, Vogel – R – Warrenton (first reference).  Provides criteria for drawing electoral districts including “contiguous and compact” territory.

Political reform.  SJ258, Chase – R – Midlothian (first reference).  Prohibits the establishment of electoral districts that intentionally or unduly favor or disfavor any political party and requires the General Assembly to regulate the role of money in elections and governance to ensure transparency, to prevent corruption, and to protect against the buying of access to or influence over elected officials.

— Don Rippert.

2019 General Assembly Session – Privatizing Public Roads in McLean, Va

Judge Dillon’s revenge.  Development vs transportation has been a long running battle in Virginia. Northern Virginia’s local government  politicians never met a developer (or developer’s campaign contribution) they didn’t love. Virginia’s state legislators love NoVa growth since it provides more state tax money to spread around like party favors to their downstate constituencies. However, those same state legislators loathe the idea of repatriating many of those tax dollars back to Northern Virginia to fund needed transportation improvements. The local pols blame the state pols for failing to fund transportation in NoVa. The state pols blame the locals for ineffective land use planning. Meanwhile, both localities and the state are throwing their shoulders out of joint patting themselves on the back over winning half of the new Amazon HQ2 deal. There have even been rumors that Apple may be looking at NoVa for another 20,000 jobs. What could possibly go wrong?

No need to wait for chaos. While Amazon HQ2, Apple and the “densificiation” of Tysons are all largely future events, the chaos of underfunded transportation is already here. Loudoun County’s population grew 97% between 1990 and 2000, 84% from 2000 to 2010 and 27.5% from 2010 to 2017.  Meanwhile, over 50% of Loudoun workers commute to work outside of Loudoun County (hint: they are not working in West Virginia). At the same time, a veritable caravan of immigrants from The Socialist Republic of Maryland cross the Virginia border every morning seeking a better life through employment in Virginia. The predictable result is that the American Legion Bridge has become a chokepoint that backs up the Beltway for miles, especially in the evening.

Adding insult to injury. The same kind of advanced technology that so enthralls Virginia’s politicians in the HQ2 deal creates nightmares for McLean residents. Navigation apps like Waze and Google Maps are being blamed for showing Loudon commuters and Maryland economic refugees how to bypass Beltway traffic by using the surface streets of McLean. The resulting backups on streets that are often narrow and shoulder-less wreak havoc on the daily lives of those living in the affected neighborhoods. One can only wonder how much worse this will get once the new construction in Tysons is completed and Amazon HQ2 starts adding traffic to Arlington, Alexandria and Tysons.

It’s good to be Queen. Del. Kathleen Murphy, D-McLean, has a plan.  Privatize McLean’s public streets for the exclusive use of McLean residents, at least during rush hour. Murphy’s HB295 has been carried over from the 2018 session. The bill is summarized as follows …

“Allows counties that operate under the urban county executive form of government (Fairfax County) by ordinance to develop a program to issue permits to residents of a designated area that will allow such residents to make turns into or out of the neighborhood during certain times of the day where such turns would otherwise be restricted.”

It seems Del. Murphy will protect herself and her well-heeled neighbors in McLean by simply banning traffic she finds inconvenient. Let the commuters eat cake. It’s easy to feel sympathy for the residents of the many areas in Northern Virginia being ruined by clogged streets full of cut through traffic. However, it’s hard to see where this ends. Will the far less affluent citizens of the Route 1 corridor be able to ban cut through traffic on their streets too? Or will this remedy be reserved for Del. Murphy and her wealthy neighbors in McLean?  Limousine liberalism anyone?

Correction: HB295 was incorrectly described as pre-filed in the original version of this article. In fact, it was carried over from the 2018 session.  The content has been changed to reflect this correction.  

— Don Rippert

2019 General Assembly Session – Sports Betting Legislation Prefiled

Republican General Assembly Member

I’ll take the Giants by 2.  Sports betting was made illegal in the United States through the federal Professional and Amateur Sports Protection Act of 1992 (PASPA). The legislation was signed into law by George H.W. Bush.

I’ll bet the Supreme Court overturns PASPA. Had you made that bet you would have won. In May, 2018 the US Supreme Court ruled PASPA unconstitutional. The high court decided that individual states should be able to decide for themselves whether to allow sports betting.

What’s the line on the Virginia game? Del Mark Sickles, D-Fairfax County, has pre-filed HB1638 to make sports betting legal in Virginia. However, the line on Virginia would not be applicable since all Virginia collegiate and professional teams would excluded from legalized sports betting. Sickles legislation would only authorize online betting and would allow for a maximum of five licensees with a revenue tax of 15%.

Party Boy Petersen. On the Senate side Chap Petersen, D-Fairfax, has publicly stated that he will also introduce legislation making sports betting legal in Virginia. Petersen’s promised 2019 sports betting legislation would add public places as legal betting sites in addition to Sickle’s online venues.  As Petersen told the Virginia Mercury, “I’m not interested in people sitting in their parents’ basement with their pajamas on betting on a ‘Monday Night Football’ game, I want this to be part of a social entertainment package where people get out and spend money.” Party on, Chap!

What’s the vig? Oxford Economics estimates an annual $5.2 billion betting handle with $380 million in net revenue.  The state’s 15% would come to $60 million per year. Since the Virginia State Lottery would administer the sports betting, the lotto gang would also take a cut of the action. The rest would go to research projects at state universities under the Sickles approach but would become aid to Virginia community colleges under the Petersen plan.

The odds of passage  I’m going to go with 3-1 against passage of this legislation in 2019. I predict that the usual gang of ossified, conservative, downstate Republican legislators who wax poetic about the importance of liberty will block Virginians from having the liberty to make sports bets.

— Don Rippert.

Va 2019 General Assembly session – prefiled House of Delegates bills

Click here to see the 9 weird laws

Much ado about nothing.  As of this morning there were 83 prefiled bills for the House of Delegates and 225 prefiled bills for the State Senate.  With a few exceptions the House prefiles are pretty “ho hum”.  I will examine the Senate prefiles in a subsequent column.

One from column A and two from column B.  I use a somewhat arbitrary approach to categorizing the prefiled bills.  By my analysis … governmental process (17), education (12), crime and courts (10), election reform (8), finance and taxes (7), health care (6), nonsense (6), environment (6), transportation (4), campaign reform (4) and energy (2).

Governmental process.  These are the day to day clarifications, corrections and amplifications needed to make existing legislation more effective.  For example, HB246 clarifies the role of the code commission in preparing legislation at the direction of the General Assembly.  One of these bills will further depress Jim Bacon’s journalistic sensibilities.  HB1629 eliminates the requirement that Virginia procurement contracts be reported in newspapers.  Mixed in with the proposed routine legislation are some zingers.  For example, there are three separate bills to ratify the Equal Rights Amendment (HJ577, HJ579, HJ583).  There are also four bills proposing changes  to the Virginia Constitution.  HJ578 would add a right to vote to the state constitution, HJ582 would establish a redistricting committee, HJ584 would allow the governor to run for a second consecutive term and HJ585 has the governor and lieutenant governor running as a single ticket instead of separate offices.

Education.  The only theme in the education prefiles is an attempt to provide financial incentives for localities to rebuild the physical plant of their schools.  One of the more interesting bills would allow commercial advertising on school buses (HB809) while another would guarantee that our children’s God given right to wear unscented sun block not be abridged (HB330).

Crime and courts.  Bail bondsmen and bondswomen are forbidden from having sex with their clients (HB525) and shooting a police dog, or even showing a gun to a police dog,  becomes a more serious crime (HB1616).  Other than that, pretty mundane stuff.

Finance and taxes.  Way too many people and too many companies are paying taxes (HB966) and veterinarians really need a break from those pesky sales taxes (HB747).

Potpourri.  The remaining categories contain a few interesting ideas.  Del Rasoul wants to ban the use of fossil fuels in electricity generation (HB1635), Del Cole wants to give I95 some love (HJ580, HJ581) and he also has the radical idea that campaign contributions should not be for personal use (HB1617).  In fact, Del Cole’s proposed legislation is putting him perilously close to making my very short list of competent Virginia legislators.

Closer to home.  My delegate, Kathleen Murphy, continues to propose jaw dropping, eye popping examples of legislative uselessness.  She proposes to let her pals skirt Virginia traffic laws by displaying a special sticker on their cars (HB295) and offers some odd rules on distance learning reciprocity (HB659).  I guess issues like mass transportation don’t cross her mind these days.

— Don Rippert.

Virginia’s 2018 Marijuana Decriminalization Bill: What Happened and What’s Next?

Up in smoke.  During the 2018 General Assembly session a bill to decriminalize marijuana was killed in committee.  The Senate Courts of Justice Committee voted along party lines on that bill, SB 111. All nine Republican Senators on the Committee voted to keep marijuana possession (in any amount) a criminal act in Virginia while all six Democratic Senators voted to decriminalize pot.  To be clear – the vote was to decriminalize possession of small amounts of marijuana, it was not a bill that proposed legalizing marijuana.

Here today, here tomorrow.  Decriminalization foes won the SB111 battle in 2018 but the war goes on.  The lines are drawn for the next skirmish.  As Sen Mark Obenshain (R-Rockingham), who voted against decriminalization, said … “It’s an issue that isn’t going away.  We’re going to be talking about it for a long time.”  That’s an interesting comment from a prohibitionist.  One can only hope that Sen Obenshain knows that time and further dialog are both working against him and his fellow pot prosecutors.  If he doesn’t understand that I’d really like to ask him what he’s been smoking.

Abby Hoffman vs Barney Fife.  The main support for decriminalization comes from the ACLU with a supporting cast of politicians including U.S. Senator Tim Kaine (federal decriminalization), Governor Ralph Northam (a medical doctor) and Adam Ebbin  (D-Alexandria).  Opposition is led by the Virginia Association of Commonwealth’s Attorneys with political support from the aforementioned Sen. Mark Obenshain (R-Rockingham).

Arrested development.  Subsequent to the committee vote on decriminalization, statistics were released that revealed arrests for marijuana possession in Virginia shot up in 2017, increasing by 20% over 2016.  Apparently, prosecuting Virginians for possession of a plant is a large and fast growing business in the Commonwealth.  One can only guess how much criminalizing marijuana costs Virginia or how many Commonwealth’s Attorneys have jobs based on pot possession being a crime.

Oh wow … what’s a voter … man?  A poll on the question of decriminalizing possession of small amounts of marijuana in Virginia was published in the midst of the 2018 General Assembly session.  Conducted by the Watson Center for Public Policy and Christopher Newport University, the poll found that 76% of Virginians favored decriminalization.  And the Republican politicians in Virginia keep wondering why they are continually losing their power and influence in Virginia.  Perhaps they would be well advised to just roll that number around in their heads for a while … seventy-six percent.

Heroes.  Senators voting for decriminalization of small amounts of marijuana: Creigh Deeds, D-Bath; John Edwards, D-Roanoke; Janet Howell, D-Fairfax; Louise Lucas, D-Portsmouth; Chap Petersen, D-Fairfax City; and Dick Saslaw, D-Fairfax.

Zeroes.  Senators voting against decriminalization: Ben Chafin, R-Russell; Ryan McDougle, R-Hanover; Tommy Norment, R-Mars; Mark Obenshain, R-Rockingham; Mark Peake, R-Lynchburg; Bryce Reeves, R-Spotsylvania; Bill Stanley, R-Franklin County; Richard Stuart, R-Stafford; and Glen Sturtevant, R-Richmond.

2019.  2019 is an election year for Virginia’s state legislature.  Democrats will push another marijuana decriminalization bill in the 2019 General Assembly session.  Then they will beat the Republicans who opposed the bill over the head with those votes in November.

— Don Rippert.

The case for legalizing recreational marijuana use in Virginia

Caveat.  While I have no moral objection to the possession of marijuana I do not espouse breaking the laws of the Commonwealth of Virginia.  I believe the marijuana laws in Virginia should be changed but, until they are changed, I encourage everybody to obey the laws as they are presently written.

Strive for five.  I believe the five key reasons for legalizing recreational marijuana use in Virginia for adults are liberty, the failure of the current approach, costs of enforcement – both financially and in terms of racial bias, the economic benefits to the state and the inevitability of legalization.  Each will be discussed in turn.

Democracy, liberty and freedom.  The first and most important reason to legalize recreational marijuana use in Virginia is philosophical.  Our political leaders in Richmond speak in hushed, reverential voices about “Mister Jefferson”.  They then turn around and ignore the fact that a significant majority of Virginians favor legalizing marijuana.  Somehow, our political leaders seem to think that banning a plant against the wishes of a majority of the electorate is commensurate with Thomas Jefferson’s ideals of democracy, liberty and freedom.  Perhaps our General Assembly should start referring to Thomas Jefferson as “ole what’s his name” until they can demonstrate some willingness to adhere to Jefferson’s actual views on liberty, etc.

Pot prohibition has failed.  Federal, state and local efforts to make and keep marijuana use illegal have not curtailed its use.  Our government has been busily trying to ban marijuana since 1937 and raised the stakes considerably with the Controlled Substances Act (which became effective in 1971).   Nearly 50 years after the federal government made marijuana a Schedule 1 “narcotic” its use continues to rise.

Enforcement and racial bias.  The enforcement costs needed to continue the ineffective prohibition of pot are very high.  In Virginia authorities have made 133,000 arrests for marijuana possession over the past 10 years.  10,000 Virginians are convicted of a first time marijuana possession offense every year. In fact, marijuana arrests in Virginia increased over the past year.  Worse yet, the arrests are heavily weighted against African-Americans.  VCU studied the data in 2015.  As NORML calls out, “That study concluded that blacks account for nearly half of all marijuana possession arrests, but comprise only 20 percent of the state population.”  Some parts of Virginia are far worse than that.  “In some counties and towns, such as in Hanover County and in Arlington, Virginia, the black arrest rate was six to eight times that of whites.”  These arrest ratios completely diverge from studies showing that marijuana use is roughly the same between backs and whites.

Economics.  The Kansas City Federal Reserve studied the economic impact of marijuana legalization on the state of Colorado … “In 2017, the state of Colorado collected more than $247 million from the marijuana industry, including state sales taxes on recreational and medical, special sales taxes on recreational, excise taxes on recreational and application and licenses fees.”  Given that Virginia’s population is 42% bigger than Colorado’s a straight line interpolation would suggest $353m in annual taxes in Virginia.  That total does not count the savings from reduced law enforcement nor does it include the potential profit generated for the state if the legal marijuana were sold through Virginia ABC stores.

Inevitability.  Nine states and DC have legalized marijuana.  Michigan and North Dakota will vote on adult use marijuana legalization this November.  This week the entire country of Canada legalized the recreational use of marijuana.  Once again Virginia is being surrounded by progress and once again Virginia is standing slack jawed and rheumy eyed as a philosophical island of obstinate resistance to inevitable change.

– Don Rippert.

Legalized Medical and Recreational Marijuana Use Appear to Hurt Alcohol Sales

High times.  In a recent Bacon’s Rebellion column … Will Virginia Legalize Recreational Marijuana Use … I noted that well over 20% of Americans now live in states that have legalized the recreational use of marijuana.  In the column I wondered whether our General Assembly’s reluctance to address the question in a meaningful way might be attributable to Virginia’s unholy trinity of political corruption:

  1. Unlimited campaign contributions
  2. Opposition by well heeled vested interests (i.e., the alcohol manufacturing, distribution and retail industry)
  3. Essentially non-existent rules on the use of, or reporting on, campaign contributions

My hypothesis was that a river of money flows from Virginia’s alcohol industry into the pockets of our elected officials.  The alcohol industry is opposed to legalizing marijuana since legalization hurts alcohol sales.  Meanwhile, our elected officials want to keep the money flow going since it funds not only their re-election plans but also dinners at Bookbinders, golf outings, private clubs and all sorts of other goodies.  Therefore, legalization of marijuana is intentionally stalled in Virginia.  Virginia’s reputation as America’s Most Corrupt State is, in my opinion, well established.  However, the question of whether legalized marijuana use hurts alcohol sales needs to be further examined.

Paging Doctor Weed.  The best information about the impact of marijuana legalization on alcohol sales comes from studies of medical marijuana legalization.  Medical marijuana has been legalized for longer and in more states than recreational marijuana.  Some would say that medical marijuana is a poor proxy for recreational marijuana because medical marijuana is only used to combat disease and therefore is not a substitute for booze.  Yeah, right.  A university study using retail scanner data from 2006 – 2015 found that alcohol sales fell 15% in jurisdictions that legalized medical marijuana.  For the sake of emphasis – this was a study of legal medical marijuana on alcohol sales, not legalized recreational use of marijuana.

The Oregon Trail.  The relationship between legalized recreational marijuana and liquor sales has been studied in Oregon.  In that state, recreational marijuana use is legal at the state level but localities have the right to ban it in their jurisdictions.  A study comparing Oregon localities that allow marijuana sales vs those that don’t found the growth rate of liquor sales for the “booze only” places was faster than in the “booze and reef” areas.  Early days.  Only one year of data.

Miller Time.  A 10-K disclosure by the Molson-Coors company cites legalized cannabis sales as a potential risk to their business. “Although the ultimate impact is currently unknown, the emergence of legal cannabis in certain U.S. states and Canada may result in a shift of discretionary income away from our products or a change in consumer preferences away from beer. As a result, a shift in consumer preferences away from our products or beer or a decline in the consumption of our products could result in a material adverse effect on our business and financial results.”  Four months after citing the business risks of legalized marijuana Molson-Coors announced they are considering the sale of ganja infused beer in Canada.

Rocky Mountain High.  Earlier this year the Aspen Times reported that Aspen’s legal marijuana dispensaries outsold its liquor stores in 2017.  As far as anyone knows, this is the first time such a shift has happened.  I’ll wager it will be far from the last time.

— Don Rippert

Has NoVa Finally Woken Up?

VA-10.  State Senator Jennifer Wexton (D) hopes to unseat Congresswoman Barbara Comstock (R) in Virginia’s 10th Congressional District.  A typically gerrymandered Virginia district, the 10th stretches from inside the Capital Beltway to well west of Winchester.  As a resident of the 10th I watch the elections in that district closely.  This one is shaping up to be a doozy.  Far left Jennifer Wexton is running on an anti-Trump platform while trying to avoid taking a position on any issue relevant to the constituents she hopes to represent.  Meanwhile, Barbara Comstock is running as an embarrassed Republican who tries to avoid gazing east at the current occupant of the Oval Office.  Think Nelson Rockafeller in drag.  All in all I think Barbara Comstock has done a better job of explaining herself and focusing on issues that are relevant to her district.  One issue in particular stands out for me – the allegation that Wexton has sold out Northern Virginia during her time in the General Assembly.

Don’t get Wexton’ed.  Recent negative ads run by the National Republican Congressional Committee (presumably) on behalf of Barbara Comstock hit a point that hasn’t been hit before.  The ads call out Jennifer Wexton for her role in the General Assembly’s massive rip off of Northern Virginia.  The 30 second ads are punchy and direct.  One ad has a graphic that shows money raining out of NoVa into Richmond.  It cites high tolls and NoVa – only taxes.  Needless to say, Jennifer Wexton is the highlighted villain.  Another ad shows traffic jams and tolls in NoVa then cuts to a single car effortlessly driving down an otherwise empty road claiming, “The rest of the state rides for free.”  As far as I’m concerned, the ads are completely on target and finally call out the gutless NoVa politicians we have elected for selling out their constituents.

I wish I could drive I295.  For many people from Northern Virginia there certainly seems to be a vast sucking sound coming from the General Assembly in Richmond.  There also seems to be a two class system when it comes to a lot of things including transportation.  Take Richmond for example … the city, not the state government.  The OMB defines the greater Richmond area as comprising thirteen counties, including the principal cities of Richmond, Petersburg, Hopewell, and Colonial Heights. As of 2016, it had a population of 1,263,617.  Somehow, this qualifies the area for a 4 lane “beltway” called I295.  Meanwhile, the greater Washington area has a population of 6.1m as of 2016.  It also has a 4 lane beltway in NoVa.  An area with 4.7 times the population of Richmond somehow ends up with the same sized highway encircling it as Richmond gets?  And Jennifer Wexton thinks that’s all fine and dandy?  Comstock’s right – let’s not get Wexton’ed.

Thanks, Barbara.  Jennifer Wexton is hardly alone in selling out her constituents.  All 140 seats in the Virginia General Assembly are up for election in 2019 including every state politician claiming to represent Northern Virginia.  It’s high time that all of NoVa’s politicians are taken to task for selling out their constituents.  Hopefully these ads and others like them will continue to haunt the comfy re-election dreams of our political class in Northern Virginia.  If our politicians want to argue about their role in grifting NoVa the approach is easy … clearly and quantitatively document the amount of money taken by state and local government in NoVa and compare it to the amount of money spent by state and local government in NoVa.  Then … defend the difference.  I happen to know that a number of General Assembly members from NoVa read this blog (at least occasionally).  Any of you who read this – are you up for the challenge of demonstrating the fairness of your actions vis-a-vis inflows and outflows of money from NoVa?  I won’t hold my breath.

— Don Rippert

Will Virginia Legalize Recreational Marijuana Use?

High times today.  The marijuana legalization wave is beginning to wash over North America. Nine states (WA, OR, CA, NV, CO, MA, VT, ME and AK) along with the District of Columbia have legalized the recreational use of marijuana.  Well over 20% of Americans now live in states which have legalized recreational marijuana use. On Oct 17 of this year recreational marijuana use will be legalized across Canada. While the various provinces will regulate the sale and use of marijuana in their own unique ways, it will be legal across Canada.

Higher times to come. Several more states are slated to decide the question of legalized recreational marijuana use this November (or sooner)…

Michigan – Voter initiated measure to permit those over 21 to grow and possess personal use quantities of cannabis and related concentrates.  Statewide polling data from this spring shows 61% of voters intend to vote “yes” on the measure. While you may not be able to drink the water in Flint it looks like you’ll be legally able to use it in a bong come this November.

New Jersey – The New Jersey legislature is debating bills that would legalize recreational marijuana in the Garden State. Interestingly, some of these bills would also expunge the criminal records of anybody convicted in the past of marijuana-related crimes. Was I ever arrested for weed?  Fuhghetaboutit!

North Dakota – A voter – initiated referendum will appear on North Dakota ballots this November. Uniquely, the North Dakota initiative would set no limits on the amount of marijuana people can possess or cultivate. Perhaps a large stockpile is required to get through those long, dark winters.

New York – A recent state commissioned study on recreational marijuana legalization came out strongly in favor of making ganja legal. Gov Andrew Cuomo quickly sprang to action setting up a working group to write a marijuana legalization bill. Put New York in the “when, not if” column.  This should give new meaning to Billy Joel’s song “New York State of Mind” (which has the opening line, “Take a holiday from the neighborhood”).

Oklahoma – This June Oklahoma voters approved a broad medical marijuana usage law. Activists have collected a lot of signatures to get the question of legalized recreational marijuana on the Nov 6 ballot. Whether there are enough signatures or enough time to get the ballot question approved this year remains to be seen. Sadly, Merle Haggard died in 2016 before being able to revise the first line of his famous song Okie from Muskogee … “We don’t smoke marijuana in Muskogee”.  It seems that sooner, rather than later, people will be openly smoking marijuana in Muskogee.

Delaware – In June, a majority of House lawmakers voted in favor of legislation to legalize marijuana use and retail sales. However, because the legislation imposed new taxes and fees, state rules required it to receive super-majority support. Lawmakers are anticipated to take up similar legislation again next year. I’ll predict that by 2020 people will be legally getting small in the Small Wonder.

A spot of hemp, Mr. Jefferson? Five of the first six presidents of the U.S. were Virginians and there is evidence that all five of them smoked a little hootch from time to time. You can read the evidence from an unimpeachable source … High Times …  here.

Will River City go up in smoke? But what of modern Virginians and Virginia politicians? In a 2017 Quinnipiac poll Virginia voters supported allowing adults to legally posses and use small amounts of marijuana by 59 – 35 percent. So, the voters would like to see marijuana legalized in Virginia. But since when did the voters matter to Virginia’s political elite? They don’t listen to voters, they listen to dollars. The Virginia Public Access Project tallies up the following donation totals for “all years”:

Beverages – Alcohol Distributors / Brokers – $20,885,384
Retail Sales – General $10,113,070
Restaurants – $6,533,357
Beverages – Alcohol Manufacturers – $3,993,418

As point of reference, Dominion Energy donated $11,354,842 during the same period.  Meanwhile, PepsiCo, owner of Frito-Lay – the maker of Cheetos – only donated $82,385.

— Don Rippert

Limousine liberalism in Alexandria, Va

Stinking to high heaven.  The City of Alexandria spews an astonishing 11 million gallons of raw sewage into the Potomac River every year.  The overflows happen just about every time it rains.  This is the result of a combined sewer system that is designed to collect sewage and runoff in a single system.  When it rains, the runoff spikes and Alexandria’s treatment plant can’t handle the volume.  The excess of mixed runoff and sewage is intentionally overflowed into the Potomac River in four separate dumping locations.  This has been happening for 100 years.

Raising procrastination to an art form.  Many U.S. cities have combined sewer overflow (CSO) problems.  The environmental damage is well understood and the approach to solving the problem is well understood.  You basically build a great big underground holding tank to catch the excess sewage and runoff until the treatment plant can catch up to demand. Washington, D.C., Richmond and Lynchburg join Alexandria in needing to deal with their CSO problem.  The difference between Alexandria and the other three cities is that the other cities are well along in solving the problem while the well-heeled progressives in Alexandria were content to spew human waste into the Chesapeake Bay watershed without any more than a pretense of a plan to remedy the situation.  However, in a stunning stroke of clarity, the Virginia General Assembly changed all that.  They boxed Alexandria’s ears leaving the snowflakes in that city’s government with an epic case of tinnitus.

Our glorious General Assembly.  During the 2017 session the Virginia General Assembly essentially told Alexandria that “enough was enough.”  The legislature passed bills setting a fast-paced schedule for Alexandria to fix its disgusting sewer system.  The city has eight years to attend to a problem that should have been addressed a decade ago.  The Mayor and City Council members of Alexandria cried like babies after being told they needed to stop dumping raw sewage into the river.  Alexandria has a median household income of $89,200 and can afford an “Office for Women” along with hybrid buses that cost $750,000 apiece (twice the cost of a normal diesel bus and they idle all the time anyway).  However, they can’t fund a fix to dumping raw sewage?

Odd bedfellows. The Alexandria sewage affair made for some odd bedfellows.  Progressive Democratic state Senator Scott Surovell, D-Mount Vernon, launched a Twitter offensive against his lefty pals in Alexandria over the matter.  Of course Surovell represents the district immediately downriver from Alexandria!  Conservative Republican state senator Richard Stuart, R-Westmoreland, patroned the initial legislation, which was much more draconian than what was ultimately passed.  Stuart also represents a district downriver from Alexandria.  Support for the bill in both the House and Senate came primarily from Republicans while opposition was primarily from Democrats. Governor McAuliffe tried to elongate Alexandria’s schedule but was rebuffed by the General Assembly and ultimately signed the strict bill.

Update. After insisting that the city needed five years to study the matter Alexandria’s plan was written and approved within a year. After insisting that the eight-year schedule was an engineering impossibility the city now says the schedule is doable. Funny what happens when liberals are forced to do the things they insist everybody else must do.

Warning. Before any of you wizards in the peanut gallery start carping about my anti-liberal bias … remember this post.  I am anti-two-faced politicians who espouse a political philosophy like property rights or environmentalism but then backtrack on their supposed beliefs when it comes time to act.

Hero award: Scott Surovell.

— Don Rippert

AI – Nirvana or Apocalypse (for Virginia)?

Smells like tech spirit – Artificial Intelligence may be on its way to becoming the buzziest buzz-term in the buzzword laden history of the buzz-o-sphere.  No prior trend has engendered the societal debate that AI has sparked.  Scientistsbillionairespoliticianspoetspriestsbutchersbakers and candlestick makers have all gotten into the game.  Ok, the candlestick maker reference was hogwash but give that industry time … something will come up.  Everybody has an opinion and the opinions are “all over the map”.  Artificial intelligence will either be the recreation of Eden on Earth (without the troublesome snakes and apples) or the kind of zombie apocalypse that gives zombies nightmares.  Either way. it seems clear that AI will have a profound effect on how we live, work and play in Virginia.

“I’m sorry Dave, I’m afraid I can’t do that.”   Concerns about computers getting too big for their britches go back a long way.  Generation after generation had their fears of computer overlords generally mucking things up.  The average American Baby Boomer first learned the perils of artificial intelligence in 1968 from HAL of 2001: A Space Odyssey fame.  Thirty three years later everybody laughed when 2001 came and went without any psychotic computers in evidence (give or take the Apple Newton).  But here we are 17 years later and there are some very serious people with some very serious concerns.  Why did concerns about AI go from the realm of entertainment to a serious debate about the start of nirvana vs the end of mankind?

The winter of their discontent.  AI has gone through a series of boom and bust cycles over the decades from the hype of the 1970s and 80s to the last of the so-called AI winters from about 1990 through 2011.  In some ways the public’s fascination with AI elevated the highs and made the lows all that much lower.  In 1981 Japan’s MITI funded the Fifth Generation Computer Systems project with $850M.  The ambitious program would build a new generation of computers designed for AI along with the AI software needed to make the dream come true.  An impressive list of goals was drawn up.  Ten years later the goals had not been met.  Twenty, even thirty years later many of the goals from 1981 were still elusive.  Then, in 2011, came one of those bizarre occurrences that sort of change everything.

Your answer must be in the form of a question.  In January 2011 IBM’s AI platform, named Watson, played Jeopardy! against the two best human Jeopardy! players in history and beat them soundly.  The AI winter was over.  In reality, AI research had been going on at IBM and elsewhere during the so-called AI winter but the Jeopardy! contest reawakened the public’s fascination with AI.  AI research was often called something other than AI during the AI winter because of the stigma AI had developed.  Kind of like the way liberals now call themselves progressives.  There were neural networks, expert systems, knowledge engineering, etc.  However, it was AI.  The Watson Jeopardy! match put AI back in the public’s imagination and it’s been “off to the races” ever since.

The Last Question.  Google followed IBM with a more impressive AI demonstration.  In 2016, using its Deep Mind AI platform, Google defeated the reigning human Go master.  Go is a 3,000 year old Chinese board game that has been notoriously hard for AI platforms to successfully play due to the mind-boggling number of possible moves.  These advances, and many more, explain why the debate over AI and the future of mankind has reached such a fever pitch.  It appears that this time … AI is finally real.

Come out Virginia.  Don’t let ’em wait.  You backward states start much too late.  Ok, apologies to Billy Joel but Virginia has a long history of denying the present and ignoring the future.  In a world where Russian bots already stand accused of meddling in American elections Virginia needs a frank discussion regarding the escalating capabilities of automation and AI.  Will bots affect the 2019 Virginia elections?  How will automation impact Virginia’s economy?  Was it coincidence that Steve Haner’s by-line started appearing on BaconsRebellion about the same time that AI-powered bots began posting on social media?

— Don Rippert

Goodbye and Good Riddance to Goodlatte

Carpetbagger. Bob Goodlatte is the 13-term congressman from Virginia’s 6th Congressional District who has blessedly chosen to retire this year. In my opinion he represents just about everything that is wrong with the GOP. Born in Holyoke, Massachusetts and educated at Bates College in Maine, Goodlatte somehow avoids the “carpetbagger” moniker so quickly put on Terry McAuliffe by Virginia’s Republicans. He won his congressional seat at age 39 and has spent the last 26 years in Congress. Yet he goes uncriticized as a “politician for life” by the conservative Newt Gingrich types who claim to eschew such long running elected officials. He is a polluter’s best friend with apparently no concern for the property rights of those negatively affected by the pollution he justifies and defends. However, he’ll be gone soon and you’d think we’re past the damage done by this phony conservative. Oh no.  Even in his final days in office Goodlatte is actively denying people protection of their property rights despite “property rights” supposedly being a core tenet of conservative Republican dogma. What a farce.

Blowing up the blueprint. The Chesapeake Bay represents not only a national treasure but a working laboratory for the protection of property rights. Certainly right thinking conservatives must believe that allowing a small minority of people and corporations to pollute a public waterway unfairly takes away the property rights of non-polluters. In the case of a waterway that borders multiple states, one would think that sensible and honest conservatives would insist that the federal government protect the property rights of all the states.  Isn’t this both a core tenet of conservatism and a reasonable construct of property rights?  Not according to Bob Goodlatte.

The Chesapeake Bay watershed states have claimed to be working together to clean up the Bay for the past forty years. For 31 of those years the effort failed as various states simply ignored their clean up commitments. Then, in 2009, the EPA was authorized to provide scientific leadership and oversight for a new clean-up plan — the Chesapeake Bay Clean Water Blueprint. Progress has been substantial since that time. Despite Virginia being a major beneficiary of the blueprint, one of our own Congressmen has put forth an amendment to curtail the EPA’s role in this effort.  You guessed it, ole Bob Goodlatte sponsored an amendment to H.R. 6147 forbidding the EPA from spending money to provide firm, science-based accountability over the blueprint. As a press release from the Chesapeake Bay Foundation puts it, “Congressman Goodlatte’s amendment would keep EPA from using any funds to provide this “firm accountability” if a state fails to meet its pollution-reduction goals set under the Blueprint.” So much for preservation of property rights from this so-called conservative.

Hall of shame. Bob Goodlatte’s amendment for the protection of raw sewage in public waters passed the House of Representatives by a vote of 213 to 202.  Seven of Virginia’s Representatives (Wittman, Taylor, Scott, McEachin, Beyer, Comstock and Connolly) repudiated Sideshow Bob and his amendment by voting against it. However, four of our so-called representatives (Garrett, Goodlatte, Brat and Griffith) couldn’t find the mental acuity to understand how a clean Chesapeake Bay might help the Commonwealth of Virginia. While it’s no excuse for their buffoonery Garrett, Goodlatte and Griffith have districts far from the Bay. Brat, by comparison, has a district bordering the city of Richmond. What are the voters in the 7th district thinking? Will “Kepone Dave” get re-elected? Here’s a good article about the cleanliness of the James River in Richmond (warning: true but disgusting content)

Going forward. The congressional seat being vacated by Bob Goodlatte’s retirement will be contested by Ben Cline (R) and Jennifer Lewis (D). Cline is a member of the General Assembly and long time Goodlatte toady. Lewis is a bleeding heart liberal with minimal political experience. So far, Lewis has raised $72,000 to Cline’s $787,000. The Cook Partisan Voter Index for the district is R+13. Sadly, Cline will almost certainly win and continue the anti-conservative, anti-Virginia activities of his predecessor.

— Don Rippert