Tag Archives: marijuana

Illinois to Legalize Recreational Pot: Implications for Virginia

Commentary - Posted on June 24, 2019 by | 25 comments

Legal tokin’ in the Land of Lincoln. Illinois governor J.B. Pritzker is expected to sign Illinois’ recreational marijuana legalization bill tomorrow. Illinois, America’s sixth most populous state, will become the 11th state to legalize the recreational use of marijuana. The District of Columbia has also legalized the possession of ganja. This has implications for Virginia.

First, Illinois is the first state to legalize the possession and sale of marijuana via the state legislature. Vermont’s legislature legalized the possession but not the sale of marijuana. All other states came to legalization via citizen led ballot initiatives. Since the Virginia Constitution has no provision for citizen-led ballot initiatives, the General Assembly would have to follow in the footsteps of the Illinois legislature to legalize marijuana in the Old Dominion. Illinois has proven this is possible. The second implication is the looming encirclement of Virginia by states with legalized recreational marijuana. The closer legal pot dispensaries get to Virginia the harder it will be for Virginia to stop cross border marijuana flows. Continue reading →

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The Marijuana Legalization Debate in Virginia: Lessons from Colorado

Commentary - Posted on March 22, 2019 by | 23 comments

It’s a long way from Colorado to Virginia!

Elevated thinking.  I recently had the opportunity to do some skiing in Colorado. I hadn’t been to Colorado since the state legalized recreational marijuana use in 2014. I expected to see a Cheech and Chong movie played out on a vast scale high in the Rocky Mountains. That expectation went unmet.  Instead, I saw an American town where legal marijuana use has been incorporated into everyday life in a barely noticeable manner. Colorado has more pot shops than Starbucks outlets but you wouldn’t know that from a cursory visit. All of which got me thinking – what has been the marijuana legalization experience in Colorado and what lessons are there for Virginia?

Nil sine numine. “Nothing without providence.”  Residents of The Centennial State believe Colorado is guided by a “divine will.” After five years of “divine will” has legal pot turned into Rastafarian revelry or Puritanical perfidy? My unscientific poll of Coloradans riding various chairlifts and gondolas with me established a consensus of … “more good than bad”. Continue reading →

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Five Virginia Politicians Thwart the People and Democracy in Marijuana Reform Legislation

Commentary - Posted on January 24, 2019 by | 19 comments

We the people elite.  A number of proposed bills to decriminalize possession of small amounts of marijuana were put forth in the ongoing General Assembly session.  These bills were systematically killed in subcommittee by a tiny fraction of the General Assembly.  Generally speaking, five Republican Delegates decided that the proposed marijuana reform bills should not reach the full committee let alone the entirety of the General Assembly for a vote.  These five legislators know, or should have known, that the vast majority of Virginians (in poll after poll) favor the decriminalization of marijuana. Continue reading →

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

Commentary - Posted on December 4, 2018 by | 4 comments

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

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Marijuana arrests and racism in Virginia (especially Arlington County)

Commentary - Posted on December 3, 2018 by | 14 comments

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

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Virginia to Consider New Marijuana Decriminalization bill in 2019 General Assembly Session

Commentary - Posted on November 12, 2018 by | 9 comments

If at first you don’t succeed … State Sen. Adam Ebbin (D-30) has pre-filed a 2019 bill to decriminalize possession of small amounts of marijuana in Virginia. The matter will be taken up in the General Assembly session in early 2019.  Last year Ebbin patroned a similar bill that was defeated 9-6 in the Senate Courts of Justice Committee along party lines.

Still illegal.  The new Ebbin bill, like the one in 2018, proposes to decriminalize (rather than legalize) the possession of small amounts of marijuana in the Old Dominion. The law presently in place provides for a maximum $500 fine and up to a 30 day jail term for the first offense.  Penalties escalate for subsequent offenses. Ebbin’s proposed bill makes possession of a small amount of marijuana a civil offense with fines of $50 to $250 depending on a variety of circumstances such as whether it was the first offense or a subsequent offense.

Another loser for the RPV / GOP.  The vast majority of Americans and Virginians support the decriminalization of marijuana. In fact, a notable majority of Americans and Virginians go so far as to support legalization of marijuana. Yet the supposedly liberty loving, regulation hating Republican Party has done everything it can to oppose both decriminalization and legalization. As previously mentioned, the nine Republicans on the Senate Courts of Justice Committee blocked full house consideration of Sen Ebbin’s bill in 2018. At the national level it’s much the same. Rep. Earl Blumenauer (D-OR) has written a “Blueprint to Legalize Marijuana” .  It’s a pretty simple plan … take control of the House then enact marijuana reform. Up until now that blueprint was blocked by the House Rules Committee led by its chairman, Pete Sessions (R-TX).  But things are different now that the Democrats have taken control of the house.  Plant prohibitionists like Rep Sessions are no longer calling the shots.

2019. Another year, another marijuana decriminalization bill in the Virginia General Assembly. What will become of SB997 in 2019? My guess is for a repeat of 2018 with Republicans killing the bill in committee.

Demographic changes? There has been a lot of discussion about the recent federal election on this blog. Much has been made of how the success of Democrats in Virginia is an inevitable consequence of demographics and the influx of those from outside Virginia. Some have even taken to calling Virginia the southernmost northeastern state. Balderdash. The real problem is that Virginia’s Republican politicians and the RPV are clueless. The question of marijuana reform crosses demographic boundaries. Middle-aged adults are using marijuana at an increasing rate. Last year, all nine of the Republicans on the Senate Courts of Justice Committee voted to block the decriminalization bill. At the same time 76% of the Virginians these Republicans claim to represent support marijuana decriminalization. Meanwhile, arrests in Virginia for marijuana rose 20% in the last year. Arrests for a “crime” that more than three quarters of Virginians don’t think should be a crime are skyrocketing while the aged political elite in the RPV blocks so much as a full vote on the matter. I wonder why the Republicans keep losing in Virginia? It has far more to due with a lack of competence than a change in demographics.

— Don Rippert

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

Commentary - Posted on November 1, 2018 by | 12 comments

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.

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The case for legalizing recreational marijuana use in Virginia

Commentary - Posted on October 19, 2018 by | 21 comments

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.

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Legalized Medical and Recreational Marijuana Use Appear to Hurt Alcohol Sales

Posted on October 2, 2018 by | 14 comments

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

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Will Virginia Legalize Recreational Marijuana Use?

Posted on September 17, 2018 by | 23 comments

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

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