Tuesday, September 20, 2016

Plan Would Require City of Oakland To Be Part Owner of Any New Marijuana Business

by David Downs
Tue, Sep 20, 2016 at 11:05 AM

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Is the city of Oakland looking to profit off of the local marijuana business?

That's the plan, at least according to a new proposal put forward by Councilmembers Desley Brooks, Larry Reid, and Noel Gallo. They want to require any new Oakland pot company to make the city a partner — and direct revenue from the cannabis industry to elected officials’ special projects.

The idea, however, might run afoul of several laws — such as state medical-pot regulations that ban an entity from owning multiple cannabis licenses.

Specifically, Oakland would require new pot-shop owners to give the city 25 percent ownership stake in a business, plus one seat on a company’s board. Companies that don’t cut Oakland in would not get a permit and thus would not be allowed to operate under local or state law.

The proposal builds on Oakland’s Equity Permit Program, which sends convicted Drug War offenders to the front of the line for new canna-business permits. Residents of certain police beats would also be prioritized under the program.

Brooks’ pitch to take the city directly into the local pot biz will come up at next week’s Public Safety Committee meeting.

But Brooks’ plan might not be legal, according to state Assemblyman Rob Bonta, who spoke to the San Francisco Chronicle on the matter. City revenue from owning pot businesses would flow directly to three city programs. “One of them, the Hispanic Engineers, Builders & Contractors of California, has no website or state records, and is run by a childhood friend of Gallo’s,” the Chronicle reports.

Read the city proposal to mandate part-ownership of local businesses below:

Equity Permit Program Proposed Amendment.pdf

Friday, September 16, 2016

Watch: The Revolutionary Jay Z Video Op-Ed Against The Drug War

by David Downs
Fri, Sep 16, 2016 at 7:22 AM

New York hip-hop mogul Jay Z’s latest hit isn’t a song — it’s an op-ed in the Grey Lady.

The New York Times opinion piece “The War on Drugs Is An Epic Fail” is an illustrated video narrated by the platinum-selling artist and highlighting pot prohibition and legalization's racial inequity. 

The video was produced with drug-law reformers Drug Policy Alliance — who held a Washington, D.C., meeting on racial equity in legal pot this week — as well as Revolve Impact. Viral videos and the internet more broadly are helping to drive support for pot prohibition's end to historic levels.

Illustrated by Molly Crabapple, the video promises to “educate millions of people about the devastation wrought on the African American community because of the drug war,” stated Asha Bandele, Senior Director for Grants, Partnerships and Special Projects at the Drug Policy Alliance. “That it is offered at a moment when policymakers are finally joining advocates in demanding an end to the architecture that actually incentivizes biased policing and police violence makes it especially timely,” said Bandele.

On Facebook she wrote: "The drug war has created or driven policies that incentivize extrajudical killing. It's one tool we can take out of their evilass box. Thank you #JayZ"

“As a resident of California, I am especially pleased that this video speaks directly to the heart of economic equity,” stated Dream Hampton of Revolve Impact.  She stated, “In November, Californians will have the opportunity to vote Yes on Prop 64, which is the most racial-justice-oriented marijuana legalization measure ever. It not only reduces and in many cases eliminates criminal penalties for marijuana offenses, but it’s retroactive, meaning people needlessly sitting in jail for small amounts of marijuana, can get out and have their records expunged. Plus, it drives hundreds of millions of dollars in direct funding and investments to communities most harmed by police and the criminal justice system,” Hampton stated.

On Thursday, the DPA briefed Congress on diversity in the cannabis industry, where less than one percent of the growing legalized market is owned and/or operated by individuals of color. Structural barriers in highly regulated pot markets block entry for people without large amounts of money, political connections, and a clean record.

Jay Z notes in his video that since 1970, blacks and other marginalized groups were targeted by the drug war, leading to unprecedented mass incarceration, marginalization and poverty. Today, one in ten black men will be imprisoned in their lifetimes.

“It is clear the historical enforcement of cannabis prohibition has been overwhelmingly against people of color, now we are seeing the systematic exclusion of people of color through the state procurement process for licensing cannabis operators," said Dr. Malik Burnett, a physician at Johns Hopkins School of Public Health. "It’s simply unequal treatment under the law by another name. Minority cannabis operators from around the country are coming together to discuss how we can stop this discrimination and use the cannabis industry to create equity, economic justice, and restore communities most impacted by the failed war on drugs," he said.

Monday, September 12, 2016

Major Donors Attack Pot Legalization Nationwide

by David Downs
Mon, Sep 12, 2016 at 9:42 AM

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Two major donations have come in to uphold pot prohibition in California and Arizona.

In Arizona, the makers of the deadly painkiller Fentanyl gave $500,000 to defeat that state's legalization effort, which is barely polling at 50 percent.

And today in California, the Los Angeles Times reports a millionaire from Pennsylvania has contributed $1.3 million to defeat Proposition 64, which would legalize adult use of cannabis in the Golden State.

Prop. 64 allows adults 21-and-over to carry an ounce of pot in public,  grow up to six plants, and keep the entire harvest.

A millionaire retiree on the other side of the country, Julie Schauer hopes to deny Californians with her donation to the No on 64 Committee. Schauer obtained the money from a family trust, the Times reports.

The national group opposing legalization, Project SAM, said not all of Schauer’s $1.3 million will be spent opposing pot user’s rights in California. Project SAM is fighting against legalization in a half-dozen states this year.

The L.A. Times reports anti-pot forces in California have raised a total of less than $300,000. Prop. 64 supporters have donated $6 million.

Prohibition supporters only need to raise a fraction of what proponents must take in, experts say. That’s because Prop. 64’s majority support is relatively soft. No on 64 has touted polls showing they can move support from 61 percent in favor to just 40 percent with only one ballot argument: kids and pot advertising.

A new poll released over the weekend found Prop. 64 polling at 71 percent support, but analysts note that support promises to erode as voters begin to hear arguments against the initiative.

Legalization opponents argue that taxing and regulating the plant will endanger youth and cause public health problems.

Wednesday, September 7, 2016

Tickets On Sale Now for 'Route 64': A Special Marijuana Legalization Discussion and Event

by Nick Miller
Wed, Sep 7, 2016 at 12:51 PM

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Want to learn more about the finer details of Proposition 64, the ballot measure that would legalize adult-use marijuana in California?

Of course you do. That's why, on Tuesday, October 11, the Express will host a very special panel discussion of Prop. 64 at Berkeley's David Brower Center.

Tickets are on sale now. Admission comes with drinks and light snacks afterward, and an opportunity for further discussion with panelists and guests.

More details coming soon, so check back here or RSVP at our Facebook event page!

Email Nick Miller at Nick.Miller@EastBayExpress.com with questions.

Thanks!

Friday, September 2, 2016

Maryland Medical Marijuana So White, Meetings To Be Held

by David Downs
Fri, Sep 2, 2016 at 11:47 AM

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About a third of Maryland residents are Black, but not a single one of them have obtained a golden ticket to dispense medical marijuana in the state’s new system.

That is cause for an upcoming meeting between the state’s medical marijuana commissioner and the attorney general, The Baltimore Sun reports Thursday.

Medical marijuana law in Maryland specifically allows officials to consider applicants’ race when doling out licenses. But the state’s attorney general said race-aware licensing would be unconstitutional, so the state’s licensing commission never tried it.

That’s a deep irony, given Maryland’s long history of race-based policing, The New York Times reported in 2015. “Racial profiling continues despite the fact that it is against the law of the United States; it’s against Maryland law,” one source told the Times.

None of the 30 companies handpicked to be in Maryland’s medical pot system are led by Blacks, the Sun reports. The remaining 811 applications for up to 94 dispensaries are being reviewed without regard to race, the Sun reports.

Maryland’s medical marijuana law is one of the few that specifically states regulators should “actively seek to achieve" diversity.

The Maryland Attorney General’s office agrees “the commission could have done more to achieve racial diversity,” the Sun reports. A legal challenge from the Legislative Black Caucus could loom.

In contrast to California’s relatively wide-open medical marijuana law of 1996, subsequent state systems have become increasingly restrictive — sometimes requiring hundreds of thousands of dollars on-hand to qualify for application review. East Coast dispensaries are often chaired by local power brokers, like retired police chiefs, and relatives of politicians.

Good faith efforts to ensure lawful operators often act as a barrier to less wealthy, less connected applicants, who may have a past conviction from the pot trade, critics note. 

In related news, Berkeley officials considered race when they awarded the city's most recent new dispensary permit.

Wednesday, August 31, 2016

Study: War on Weed Is A War on Women

by David Downs
Wed, Aug 31, 2016 at 9:29 AM

On Monday, local radio station KQED devoted an episode of Forum to the potential economic benefits of California cannabis legalization, noting that a $6.5 billion industry could exist in a few years.  Proposition 64 could also generate $1 billion per year in taxes and tens of millions of dollars in court savings.

What the episode failed to account for was the untold cost of ongoing cannabis prohibition, which critics say has ruined countless lives without decreasing cannabis use or availability.

Now, a new report helps detail some of those costs — especially as it pertains to women and children.
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In a new report “Overlooked: Women and Jails in an Era of Reform,” the group Safety and Justice Challenge notes that the war on weed has been an unprecedented war on women.

Since 1970, when President Richard Nixon declared a war on (some) drugs, the number of women in jail nationwide has increased fourteen-fold, from less than 8,000 to nearly 110,000, the report finds.

“Once a rarity, women are now held in jails in nearly every county—a stark contrast to 1970, when almost three-quarters of counties held not a single woman in jail.”
  • Today, nearly a third of women in jails are there for nonviolent drug offenses.
  • Between 1980 and 2009, the arrest rate for women possessing drugs tripled, while it only doubled for men. 
  • Nearly two in three women in jail are black or hispanic, making them vastly over-represented in the system.
  • And nearly 80 percent of women in jails are mothers, who are, by and large single parents, solely responsible for their young children.
About 700,000 Americans will be arrested this year for pot, including roughly 20,000 Californians. The cost in terms of lost jobs, shattered families, and diminished life trajectories is immeasurable.
“Once incarcerated, women must grapple with systems, practices, and policies that are designed for the majority of the incarcerated population: men. With limited resources, jails are often ill-equipped to address the challenges women face when they enter the justice system. As a result, many women leave jail with diminished prospects for physical and behavioral health recovery, with greater parental stress and strain, and in even more financially precarious circumstances than before becoming caught up in the justice system.”
The report is one of a series from the Vera Institute of Justice (Vera) and the Safety and Justice Challenge—a John D. and Catherine T. MacArthur Foundation initiative to reduce over-incarceration in America. The purported “land of the free” has more men and women in cages than any regime on Earth — with five percent of the world’s population and 25 percent of the world’s prisoners.

The reports offers some solutions — like increased "cite and release" for low-level offenses like possession of marijuana. Prosecutors can also decline to prosecute citizens for certain low-level offenses like pot, the report states.

“In October 2014, the City of Philadelphia decriminalized possession of small amounts of marijuana. During its first year in effect, the new law resulted in police officers issuing 1,012 civil citations, compared to 3,686 arrests made during the previous year for the same infractions.”

(h/t California NORML)

Friday, August 26, 2016

California Legalization Proposition 64 Raises $11.45 Million

by David Downs
Fri, Aug 26, 2016 at 10:17 AM

Proponents of a ballot initiative to legalize cannabis in California, Proposition 64, have raised $11.45 million in donor support, Ballotpedia.org reports.

That’s 61 times the amount of campaign cash as the opposition, who has raised $185,870.

Cannabis legalization supporters report raising $11.45 million in California. - DAVID DOWNS
  • David Downs
  • Cannabis legalization supporters report raising $11.45 million in California.
Private donors and groups — not the medical marijuana industry or pot users — are providing almost all the funding for legalization, records indicate.

Major donors include billionaire philanthropist Sean Parker ($2,303,965), the New Approach PAC ($1,500,000), the non-profit Drug Policy Action ($1,250,000), the pot shop listings site Weedmaps ($750,000), Drug Policy Action ($500,000) and Nicholas Pritzker ($250,000).

By contrast, the No on Prop 64 team has raised $185,000 from anti-pot group Smart Approach to Marijuana Action (SAM Action) ($64,510), plus $25,000 from the CA Teamsters Public Affairs Council, $25,000 from the California Association of Highway Patrolmen, $12,500 from the California Police Chiefs Association $10,000 from a Los Angeles County lobby, and $10,000 from the California State Sheriffs' Association.

No on Prop 64 spokespeople have stated the legalization measure is a bid to enrich cannabis capitalists.  Both WeedMaps and Pritzker work in the state's medical marijuana industry, which generates about $2 billion in revenue each year.

The Yes on 64 disputes this claim. “[Sean] Parker supports the initiative as a social justice priority, but has no personal financial interest in the marijuana industry, nor will he invest in it in the future,” Yes on 64 spokesperson Jason Kinney told the Sacramento Bee today. Other major groups like DPA have spent decades fighting to end America's war on some drugs.

No on 64 is funded by groups who stand to lose money on legalization, reports indicate. The Teamsters stand lose lucrative pot distributor contracts if Prop. 64 passes, insider say. The state’s police chiefs and sheriffs benefit from billions of dollars in federal anti-drug grants, as well as asset forfeitures related to pot.

An analysis by the Los Angeles Times’ columnist Robin Abcarian finds Prop. 64 is likely to pass.

“These days, you can’t really find anyone who dismisses cannabis as intrinsically evil. You don’t even hear the “gateway drug” argument very much,” Abcarian reports.

Correction: This story previously reported that Project Smart Approaches to Marijuana has ties to the makers of OxyContin and Vicodin, according to The Nation. That is incorrect.

Thursday, August 25, 2016

Politifact: Sen. Feinstein Spread 'Mostly False' Information About California Legalization

by David Downs
Thu, Aug 25, 2016 at 9:40 AM

Sen. Dianne Feinstein is fibbing when she says kids are going to see pot ads on television if California legalization measure Proposition 64 passes. At least according to Politifact, which on August 5 rated the aforementioned Feinstein claim “mostly false,” though it promises to be widely advertised among voters through Election Day.

Sen. Dianne Feinstein made 'Mostly False' statements about Prop 64, Politifact concludes.
  • Sen. Dianne Feinstein made 'Mostly False' statements about Prop 64, Politifact concludes.
If passed by voters, Prop. 64 would end California's century-long policy of cannabis prohibition — which opponents say hasn’t worked, and has cost the state untold billions of dollars. Prop. 64 allows adults 21-and-over to possess up to an ounce of pot in public and grow up to six plants on their property, as well as regulates the commercial growth, distribution and sale of cannabis.

It’s opposed by some in law enforcement as well as Feinstein, who stated in a July press release that Prop. 64 "allows marijuana smoking ads in prime time, on programs with millions of children and teenage viewers."

Feinstein should know better, experts say. Federal law prohibits the advertisement of federally illegal drugs like cannabis on federal licensed broadcasts. There are no pot ads on TV in other states, Politifact notes. It would be equivalent to broadcasting ads for heroin.

“If Prop. 64 passes, nothing will change in terms of what radio and television stations can legally broadcast," Joe Berry, president of the California Broadcasters Association, told Politifact. "The federal government licenses the radio and TV stations in California. The federal government’s position is that marijuana is an illegal substance. So, it’s illegal to advertise that substance."

Stations that air pot ads could lose their license, and they would be promptly turned in by their local and regional competitors — all of whom are in a cutthroat competition for viewers.

“We rate her claim Mostly False,” Politifact stated.

Still the No on 64 plans to use it heavily citing a poll that shows support for Prop 64 dips when they mention pot ads on TV.

Wednesday, August 24, 2016

Weed Talk at OMCA Saturday: "Perspectives on Legalizing Marijuana"

by David Downs
Wed, Aug 24, 2016 at 8:56 AM

The Oakland Museum of California keeps its hot season of cannabis programming rolling with a Saturday event “Perspectives on Legalizing Marijuana” featuring some of the brightest minds on the subject.

More …

Tuesday, August 16, 2016

9th Circuit Smacks Down Rogue Pot Prosecutors: Dispensaries’ Legal Shield Holds Up in Federal Appeals Court

by David Downs
Tue, Aug 16, 2016 at 5:07 PM

United States prosecutors broke federal law if they went after lawful, state-legal medical pot shops since December 2014, the Ninth Circuit Court of Appeals has ruled in a historic precedent, published today.

Circuit Judges Diarmuid F. O’Scannlain, Barry G. Silverman, and Carlos T. Bea settled ten pending federal appeals, vacating lower court rulings. That could result in freedom for several pot shop owners. Any other lawful medical cannabis actors in the 37 states with related laws on the books cannot be interfered with by DEA agents.

More …


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