by DJ Rippert
Ralph Reefer. On Wednesday the Northam Administration unveiled legislation to legalize recreational use of marijuana in Virginia. The legislation will be introduced by House Majority Leader Charniele Herring, D-Alexandria, and Senate President Pro Tempore Louise Lucas, D-Portsmouth. Sen. Adam Ebbin, D-Alexandria, and Del. Don Scott Jr., D-Portsmouth. Northam took up the cause of legalizing marijuana last November citing both racial equity and financial issues. Sale of legal marijuana would start by Jan 1, 2023, under the Northam plan. Continue reading
Photo credit: Rip Dog Photography
by DJ Rippert
Elections have consequences. The recent presidential election along with the Georgia run-off election has secured Democratic control of Congress with no serious risk of presidential veto. Meanwhile, Washington, D.C., has tried for years to establish a recreational marijuana marketplace only to be thwarted by Republicans in Congress. Finally, in the 2020 session Virginia’s General Assembly passed legislation that made the possession of small amounts of marijuana punishable by a fine so low that it could hardly be compared to a parking ticket ($25). This combination of events will soon have Northern Virginians buying marijuana in D.C. and bringing the weed back to the Old Dominion to consume. D.C. will profit while Virginia gets nothing. Continue reading
by DJ Rippert
Rolling stoned gathers no moss. Marijuana reform has been gaining momentum in the U.S. since California became the first state to legalize medical marijuana in 1996. Today 36 states have either enacted medical marijuana access laws or are in the process of implementing such laws. In 2012 Colorado and Washington became the first states to legalize the recreational use of marijuana by adults. Today, 15 states have enacted recreational use laws or are in the process of doing so.
by DJ Rippert
This landing may get bumpy. In late 2018 a chap was on a plane that landed at Reagan National Airport. He undoubtedly had the usual tools of travel — toothbrush, shave kit and clean socks. However, he also had 50 pounds of marijuana and 400 cartridges of hashish oil. Perhaps he got on the wrong plane expecting to land in Denver. The MWAA Police met him at baggage claim, offered to help him with his luggage and cuffed him up.
As arlnow.com reports, “Commonwealth’s Attorney Parisa Dehghani-Tafti and the attorney representing the alleged drug carrier agreed that the defendant would plead guilty to two felony charges and be placed on probation. After completing the probation and 200 hours of community service, he would be able to withdraw the pleas to the felony charges and instead plead guilty to two misdemeanor charges while having a $100 fine imposed but then suspended.” Continue reading
By DJ Rippert
Up for grabs. In about three weeks Americans who haven’t already voted will go to the polls and vote. The presidency, the U,S, House of Representatives and the U.S. Senate are all in play. Regarding the impact of the legalized adult use of marijuana in Virginia, the U.S. Senate is the key. That belief makes the relatively safe assumption that the Democrats will maintain a majority in the House. The reason the Senate is the key to recreational marijuana use in Northern Virginia involves Washington, D.C. Washington has already legalized the recreational use of marijuana. However, the implementation of a retail capability to buy and sell marijuana has been thwarted by Republicans using federal appropriations bills. That thwarting will end if the Democrats control both the House and Senate.
By DJ Rippert
Unintended consequences. Newspapers, websites and Bacon’s Rebellion have been full of articles describing and debating the COVID-19 pandemic and the police killing of George Floyd with the attendant protests. First-order consequences of these events have been widely discussed. However, as we enter into the “new normal” a number of secondary and tertiary questions arise. One such question pertains to the legalization of recreational marijuana in Virginia. My opinion is that both the COVID-19 pandemic’s economic fallout and the new sense of urgency around racial justice should compel our state government to accelerate the legalization of adult use marijuana.
The COVID19 lockdown recession. The sudden stop to Virginia’s economy has resulted in predictable fiscal turmoil. While one can debate whether the lockdown was too restrictive, not sufficiently restrictive, too long or too short there can be no debate that closing large parts of the economy has caused deep financial issues. The US economy is in recession. Some will say that Virginia will be insulated from the worst of that recession by the flow of federal dollars through the state. To that I’d reply – “don’t be naive, Nancy” … stories of the impact on small businesses are being reported across the state. It should be obvious to everybody that Virginia faces a fiscal winter even if there is no second wave of Coronavirus this actual winter. Continue reading
Courtesy of AmericanMarijuana.Org
By DJ Rippert
The lesser of two evils. The ongoing 2020 Virginia General Assembly session has generated a lot of debate over gun control. Proponents of stricter firearms regulation cite reduced gun violence as a goal. While gun-related deaths (including murder) are a real problem, those deaths are less frequent than fatal opioid overdoses. In 2017, there were 455 murders in Virginia versus 1,241 drug overdose deaths involving opioids. The number of fatal opioid overdoses in Virginia rose from about 500 in 2010 to over 1,200 in 2018 while the number of gun related deaths (of all types) rose from 868 to 1036 over the same period. While it’s fair to say that Virginia has taken many steps to deal with the opioid crisis there is one step that has not been taken: legalization of medical marijuana. Recent studies point to the fact that most states adopting legal medical marijuana see an immediate reduction in opioid prescriptions after medical marijuana is legally available. Continue reading
By DJ Rippert
Reefer madness. Virginia is notably lagging most other states in marijuana reform. Across America recreational marijuana is legal for adults in 11 states and legal for medical use in 33 states. Twenty-five states have decriminalized the possession of small amounts of marijuana. In Virginia marijuana is illegal, criminalized and unavailable for medical use. Yet change is blowing like smoke in the wind. As of today, there are six decriminalization bills pending in the General Assembly along with three bills for expungement of prior convictions, two legalization bills, and four bills to implement a medical marijuana regime in Virginia. Depending on which bills pass … Virginia could be looking at a near-term marijuana environment much different than its prohibitionist past. However, there are some combinations of events that could lead The Old Dominion into unintended (and negative) consequences.
Roach trap. One likely outcome from the 2020 General Assembly session is that possession of small amounts of marijuana will be decriminalized while efforts to legalize the recreational and medical use of marijuana will fail. This could put Virginia in a very sub-optimal position if neighboring states legalize marijuana. Virginia is a small state bordered by five other states and the District of Columbia. A very high percentage of Virginians live within an easy drive of neighboring jurisdictions. If Virginia decriminalizes while neighboring states legalize, the result will be effective untaxed legalization in much of Virginia. A surge of Virginians will drive over various borders to bring back marijuana purchased legally elsewhere. Marijuana use would increase in Virginia while none of the financial benefits of legalization (via taxes) would accrue to Virginia. But how likely is it that neighboring states will legalize recreational marijuana in 2020? Continue reading
Posted in Agriculture & forestry, Business and Economy, Courts and law, Crime , corrections and law enforcement, General Assembly, Regulation
Tagged DJ Rippert, Don Rippert, marijuana, Marijuana reform, other states
by James A. Bacon
Enforcement of the laws of Virginia may become optional in Fairfax and Arlington Counties when newly elected Commonwealth’s Attorneys — Steve Descano in Fairfax and Parisa Dehghani-Tafti in Arlington — take office. Both have promised to stop prosecuting marijuana possession, reports the Washington Post.
Descano and Dehghani-Tafti said pot possession prosecutions do little to protect public safety, disproportionately fall on people of color, saddle defendants with damaging convictions and can be better spent on more serious crimes. …
Descano said the policy brings Fairfax County’s values into the courthouse. “I traveled around Fairfax County for over a year listening to people,” Descano said. “The thing that came up time and time again was simple possession of marijuana — how it was a waste of resources and led to unjust outcomes.”
The arguments against prosecuting pot possession are not unreasonable. Indeed, Governor Ralph Northam has proposed decriminalizing the offense. What’s disturbing is that the two prosecutors aren’t willing to wait for the General Assembly to enact a law this session, which would go into effect in July. They feel compelled to take legislative matters into their own hands and nullify the state law now in effect.
First sanctuary cities. Then second amendment sanctuaries. Now pot possession. The conviction is spreading across Virginia like a mutant flu virus that local officials are free to ignore laws they don’t like. Continue reading
Photo credit: Snopes
By Don Rippert
Ready, fire, aim. In Virginia, it seems likely that the Democratic Party’s control of the General Assembly and Governorship will result in decriminalizing possession of small amounts of marijuana. This legislation will likely be passed in the 2020 session and go into law next summer. But what are the details of decriminalization? What specific policy decisions should our lawmakers consider when drafting the decriminalization legislation? Failing to consider these issues in advance of the legislative session could usher in a repeat of the shambolic attempt to legalize casino gambling in Virginia
By Don Rippert
Cannabis certitude. The seemingly inexorable march toward legalized marijuana in the United States continues unabated. A poll of 9,900 American adults conducted by the Pew Research Center from September 3 – 15, 2019 found that 67% of the respondents thought cannabis should be legalized. That’s five percentage points higher than Pew’s last poll on the subject conducted in 2018. Many state legislatures are acting on behalf of their constituents. Legal weed sales began last Sunday in Michigan and will commence on New Year’s Day in Illinois. At the federal level the House Judiciary Committee approved a bill legalizing marijuana at the federal level. As of today 33 states have legalized medical marijuana and 11 states have approved the sale of recreational marijuana to adults. Six more states seem very likely to make decisions on legalizing recreational marijuana in 2020 – Arizona, Arkansas, Florida, Missouri, New Jersey and South Dakota. As legal marijuana becomes big business pundits are predicting the future of legal weed. Arcview Market Research and BDS Analytics believe that medical marijuana will be legalized in every state by 2024 and recreational marijuana will be legal in 20 states by that date. Virginia is not among the 20.
Weed in the
Old Ancient Pre-historic Dominion. Virginia is one of 15 states where marijuana is fully illegal. (Note: I do not count CBD oil sales as partial legalization). The first step on the long road to legalization is usually decriminalization. In 2018 Virginia’s General Assembly considered a bill to decriminalize possession of small amounts of marijuana. It was killed along a purely party line vote in the Senate Courts of Justice Committee. In 2019 another decriminalization bill was considered. Virginia’s Republican leadership in the General Assembly couldn’t muster the minimal courage to take the 2019 bill to the full committee and killed it in sub-committee. Later that year the Republicans got their heads handed to them in the General Assembly election. What a surprise. Now Democrats hold a trifecta in Virginia with control of the House, Senate and Governorship. Once again, Sen. Adam Ebbin (D-Alexandria) is the patron for proposed legislation to decriminalize possession of small amounts of marijuana. However, this year unlike the past, Ebbin’s party is in control.
by James A. Bacon
When social breakdown, a drug epidemic and failed government institutions converge, this is what you get: babies like Charlee Ford (seen at left) born with opioids and marijuana in her system and diagnosed with cerebral palsy. After birth, her lungs failed for nine minutes before doctors revived her. In her short, tortured lifetime, she suffered from severe seizures. She died at an age of four months.
Graphic credit: Roanoke Times
The surging use and abuse of opioids and other illegal drugs such as methamphetamines is associated with a horrifying increase in the number of Virginia babies born addicted to drugs. Worse, these babies are usually born into totally dysfunctional families. Mothers and fathers are themselves are likely to be substance abusers, which puts the babies at high risk of abuse and neglect. Meanwhile, child protective services in Virginia are uneven in quality — some local programs, one might say, are as bureaucratically dysfunctional as the families they serve.
The Roanoke Times tells the tragic story here. The focus is on Rockbridge County in the Shenandoah Valley. But similar stories can be found all around the state. It’s a long story but worth the investment in time.
Bacon’s bottom line: Maybe the Roanoke Times article hit me harder today than it would have previously because this weekend I visited my month-old grandson for the first time and cradled the tiny, helpless little creature in my arms. He is a lucky one, blessed by two loving, hyper-conscientious parents who will take very good care of him. Many babies are not so fortunate. Charlee’s story prompts several thoughts…. Continue reading
High there! As Virginia politicians scramble to stake out positions on reforming marijuana laws in the Old Dominion ahead of this November’s elections, it is useful to look at the actual experience in Colorado after five years of legal recreational marijuana sales. There is no universally accepted source of truth regarding the success or failure of Colorado’s marijuana legalization. However, many articles have been written regarding Colorado’s experience and the general perception seems to be positive albeit with some significant concerns. As Virginia moves down the road of marijuana reform its political class would be well advised to heed the lessons of those who have already gone down that path. Continue reading
Data exhaust. In a relatively recent BR post “Marijuana arrests and racism in Virginia (especially Arlington County)” I examined the disparity between black and white Virginians when it comes to arrests for marijuana possession. My conclusion that African-American Virginians are disproportionately arrested for marijuana possession came from data generated by a VCU Capital News Service study on the matter. Helpfully, the VCU / CNS article provided a link to a spreadsheet containing the raw data (you can download the same spreadsheet from the source link under the Datawrapper graphic). As I’ve continued to examine the VCU / CNS data I’ve noticed that it’s not just your race that affects the odds of being arrested for marijuana possession. Where you are in Virginia matters too. A lot. Continue reading
Based on data from the latest Virginia State Police “Crime in Virginia” report, Attorney General Mark R. Herring recently noted that Virginia arrests for marijuana-related charges increased 3.5% in 2018, capping off a tripling of marijuana-related arrests since 2002.
“While other states are moving to a more sensible approach to cannabis, Virginia is still moving in the wrong direction. It makes absolutely no sense,”Herring said in a press release. “Marijuana arrests are now at their highest level in at least two decades and maybe ever, meaning that even more Virginians, especially young people and people of color, are being saddled with criminal records that can drastically affect their lives. Now is the time to put a stop to this costly, unfair, and ineffective approach, and to pursue a better, smarter, fairer course.”
Yesterday I promised to take a closer look at the crime data to see if Herring’s representation of the marijuana-related arrest trends is fair. As far as I can tell, it is. But the conclusions he draws may not be. Continue reading