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Title: State Proposes Bold Law to Treat Pot Like Tobacco And Expunge All Records of Marijuana “Crimes”
Source:
Activist Post
URL Source: http://www.activistpost.com/2016/09 ... -records-marijuana-crimes.html
Published: Sep 27, 2016
Author: Claire Bernish
Post Date: 2016-09-28 07:51:26 by Deckard
Keywords: None
Views: 30933
Comments: 181
Bold legislation introduced in New Jersey last week would not only treat cannabis like tobacco — legalizing it — but would expunge records for individuals previously convicted of certain marijuana-related ‘crimes.’ Should the bill, A4193, pass, convenience stores would be permitted to sell cannabis alongside cigarettes — available to anyone aged 19 and older. “This bill would legalize marijuana by removing all criminal liability associated with marijuana from the New Jersey Code of Criminal Justice … as well as its regulation as a controlled dangerous substance under the New Jersey Controlled Dangerous Substances Act,” the proposed law states. Sponsored by Assemblyman Michael Patrick Carroll — once deemed the state Legislature’s “Most Conservative” member, as the Newark Patch pointed out — the legislation “[l]egalizes marijuana and provides for records expungement for certain past marijuana offenses; treats marijuana products similar to tobacco products, including the use of civil penalties for providing marijuana to persons under 19 years of age.” Carroll’s bill audacious thumbs its nose at the DEA’s vehemently criticized decision this year not to reschedule cannabis from its current inexplicable designation as a dangerous substance of no medical value, akin to heroin or cocaine. “To me it’s just not a big deal,” Carroll told Politico. “It’s already ubiquitous. Anybody who thinks this is somehow going to increase the availability of marijuana has never been 19. If that’s the case, then what’s the big deal about having it available at the local 7-Eleven?” Alcohol, after all, is a standard fixture at convenience stores and gas stations, with store owners facing fines and other civil penalties for underage distribution. “The whole point here is to get the government out of the business of treating at least marijuana use as a crime and treat it instead as a social problem,” Carroll continued, adding he’s never tried cannabis, personally. “You’re talking to the world’s most boring, straightest guy,” he said. “I’ve never popped a pill, never smoked a joint, nothing. I’ve never quite understood the all the allure of this stuff.” Apparently, though, he doesn’t feel his personal views concerning substances should override contrary opinions and choices. On the surface, the right-wing lawmaker would seem the last person sponsoring legislation taking such a radical departure from federal law — but on issues of personal freedom, his stances align most closely with libertarian philosophy. Carroll not only co-sponsored New Jersey’s medical cannabis legislation, in April he proposed lowering the state’s drinking age to 18, saying, according to the Patch, If you’re old enough to make the determination you want to enlist in the Marines, you’re old enough to determine if you want to have a beer. Despite an overwhelming public perception cannabis should at least be decriminalized and growing national disillusionment with the failed drug war — with the resultant largest prison population in the world, gang violence, strengthening of Mexican cartels, epidemic-level police violence, and inability of those in need to get life-saving medical cannabis treatment — the Drug Enforcement Agency opted to maintain marijuana prohibition this year. Should the proposed law indeed pass, New Jersey would join Alaska, Colorado, Washington, and Oregon in legal, recreational weed. In fact, degrees of decriminalization and legalization — mostly for medical use — exist in half the states in the nation. November’s election will likely expand those numbers. Ballot measures could potentially legalize recreational use in varying degrees in California, Nevada, Massachusetts, Arizona, and Nevada — and although they aren’t all expected to pass, the segment of the population arguing against legalization shrinks seemingly by the month. New Jersey lawmakers are attempting a multi-pronged approach to legalizing weed. Another bill, A2068, filed in January by Assemblyman Reed Gusciora — ironically, one of the most liberal members of the state Legislature — and State Sen. Nicholas Scutari would legalize cannabis and treat it akin to alcohol. A third is expected after several legislators, including Gusciora and Scutari, return from an information-gathering field trip examining legalization in Colorado in October. New Jersey Gov. Chris Christie — whom Carroll refers to as “the Fat Man” — will almost certainly veto any legislation concerning cannabis. But his tenure in office draws to a close just over a year from now. “We would like to get the ball rolling, even with this governor and even if he vetoes it, the choice then could be made to put it on the ballot through the Legislature or set the groundwork for the next administration,” Gusciora told Politico. “I think it’s only a matter of time.” Claire Bernish writes for TheFreeThoughtProject.com, where this article first appeared.
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Begin Trace Mode for Comment # 84.
#71. To: Deckard (#0)
According to the link, the measures are leading everywhere but Arizona. And Trump and Clinton each say it's an issue for the states.
If so, then who's responsible for keeping marijuana in the states?
If so, then who's responsible for keeping marijuana in the states? Why, primarily the states that don't want it - just as responsibility for keeping alcohol out of dry jurisdictions lies primarily with those jurisdictions. Congress has the authority if it so chooses to act against such interstate movement, though not against intrastate commerce. Glad I could clear that up for you.
Did that work with alcohol? I seem to recall that it didn't, and the "dry" states pressured Congress to pass the Webb-Kenyon Act, making it a federal crime. Naturally, that didn't work either, leading to Prohibition. Now you come along saying that it will work with recreational drugs. Or are you saying you know it won't work, but since the U.S. Constitution is a suicide pact, we have to do it?
>>Did that work with alcohol? I seem to recall that it didn't, and the "dry" states pressured Congress Somebody always wants somebody else to pick up the check for their own preferences. According to President Nixon's National Commission on Marihuana and Drug Abuse, "The lack of federal enforcement rendered the statute [the Webb-Kenyon Act] virtually meaningless." It wasn't tried and found wanting - it wasn't seriously tried.
#86. To: ConservingFreedom (#84)
You mean the federal government found it impossible to control 50,000 miles of borders surrounding the 25 "dry" states? But they could if we legalized drugs, huh?
That 1913 effort is very unlike what is in effect today, and what would almost certainly be used to regulate marijuana if it ever becomes legal. Manufacturers do not sell alcohol to retailers. Manufacturers sell to licensed distributors. The distributor license is worth a small fortune and the distributor will not risk losing it to make distributions to a dry county. The dry county typically does not prohibit simple possession. They do not license public places to sell alcoholic beverages, but may license private clubs. They do not license any retail stores to sell alcohol. Drinking publicly may be prohibited. Basically, they put all the bars and liquor stores out of business. You go to the nearest wet county to buy your booze, beer and wine and drink it at home. It is a fairly simple matter to frequently and irregularly inspect the distributors. As it is legally available in the nearest wet county, there is not much market for shine. http://www.sacbee.com/news/state/california/california-weed/article57821673.html By Christopher Cadelago California was the first state to allow medical marijuana. Now, two decades later, voters are expected to be asked whether to legalize recreational use of the drug. The legalization measure most likely to qualify for the statewide November ballot is the product of months of negotiations between groups with varying interests, from drug-law reformers, to growers and distributors, to famous financiers and politicians. Here’s a primer. Q: So, is California going to legalize pot? A: The state’s marijuana industry is often described as a wild west of sorts: There are no regulations, taxes or environmental protections for recreational cannabis. The measure would legalize possession of 1 ounce of marijuana and cultivation of six plants by adults over the age of 21, and create laws for distribution and sale. It would impose a 15 percent tax on retail sales, and cultivation taxes of $9.25 per ounce of flowers and $2.75 per ounce of leaves. Localities could ban recreational marijuana businesses in their jurisdictions with local voter approval. An updated version of the measure also allows localities to enact bans without holding a vote of the people. Q: Is this the next Gold Rush? A: An initial financial analysis shows it could bring in additional state and local tax revenues ranging from the high hundreds of millions to more than $1 billion a year. Most of the proceeds must be spent for specified purposes such as substance-use disorder education, prevention, treatment and law enforcement. Q: Who is behind this effort? A: The official proponents are Donald Lyman, a retired physician, and Michael Sutton, a conservationist. Sutton served on the California Fish and Game Commission while Lyman drafted the California Medical Association’s paper in which the group called for regulating recreational cannabis in a manner similar to alcohol and tobacco. Among its financiers is billionaire venture capitalist Sean Parker. Its highest-profile political supporter is Lt. Gov. Gavin Newsom. Q: What’s going on in other states? A: Four states – Colorado, Washington, Oregon and Alaska, and the District of Columbia – have legalized recreational pot. The last legalization push in California, Proposition 19 in 2010, failed at the ballot box, 53.5 percent to 46.5 percent. Q: Who would be in charge here? A: Licensing and regulation of marijuana would be handled by a Bureau of Marijuana Control within the Department of Consumer Affairs. The Department of Food and Agriculture would be charged with licensing and overseeing marijuana cultivation while the Department of Public Health would license and oversee manufacturing and testing. The state Board of Equalization would collect marijuana taxes and the state Controller’s Office would distribute the revenue. Q: Would legal marijuana cost more? A: Some proponents say they actually expect the prices – even accounting for the taxes – will drop some once the licenses are issued and after the first harvest. Part of their reasoning is the so-called “prohibition tax” marijuana purchasers currently pay. They also point to more competition – and falling prices – in states such as Washington and Colorado. Q: Could I grow my own? A: Personal cultivation is allowed, but no more than six plants could be cultivated, harvested, dried or processed in each home or apartment, or on its grounds. The initiative would allow industrial hemp to be grown as an agricultural product as well as for agricultural or academic research. Q: Would this allow “Big Marijuana” corporations to take over? A: The measure bans large-scale licenses in the first five years, through Jan. 1, 2023. It states that the licensing powers are to avoid “unreasonable restraints on competition by creation or maintenance of unlawful monopoly power.” Q: Where are the organized opponents? A: Proponents’ first hurdle was trying to satisfy advocates for legalized marijuana. They have been able to get many, but not all, on board with their plans. Now they likely will have to contend with an organized campaign against the measure, presumably from law enforcement and even organized labor. In 2010, opponents helped sink the measure by pointing to a provision they argued would limit employers’ ability to penalize workers who used marijuana – unless it impaired their job performance. The critics ran ads showing teens, drivers and nurses under the influence of marijuana. Q: What about children? A: Marijuana businesses would be banned from locating within 600 feet of schools, and cannabis products could not be advertised or marketed to children. Specifically, the law says pot products can’t be designed in a way that appeals to kids, or could easily be confused with candy or other enticements. Advertising could only be displayed where roughly 72 percent of the audience is expected to be 21 years of age or older, as determined by audience-composition data. Minors convicted of marijuana-related offenses would have to complete drug-prevention education or counseling and community service. Q: Could you drive after you’ve smoked? A: The measure would retain existing laws that make it illegal to drive while impaired by marijuana. Here’s how it would work: The California Highway Patrol would get $3 million a year for four years to come up with protocols to determine whether a driver is too high to drive. Motorists also would be barred from having an open container of marijuana or pot products while driving, operating or riding in the passenger seat of a car, boat or aircraft. Q: Could you go to work high? A: The law would maintain the rights of employers to require drug-free workplaces or enact policies prohibiting marijuana use by employees during work hours. No state currentlly can, or has, made marijuana legal. Under state4 law, it has been decriminalized. The majority of the cost of booze and cigarettes is tax. If marijuana is made legal, it will be regulated and taxed. Expect something like Monsanto marijuana to dominate the market through licensing and regulation. Expect regulation and licensing/permits and recordkeeping and taxing to strictly control distribution via licensed distributors. Expect them to tax, tax, tax. There is no need to control state lines when they "own" the distributors via their monopoly on the issuance of licenses. It's not 1913 anymore Toto. https://www.ttb.gov/business-central/alcohol-wholesaler.shtml Federal Requirements for Alcohol Wholesalers Title 27: Alcohol, Tobacco Products and Firearms PART 1—BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND WINE, BULK SALES AND BOTTLING OF DISTILLED SPIRITS No person, except pursuant to a basic permit issued under the Act, shall: (a) Engage in the business of purchasing for resale at wholesale, distilled spirits, wine, or malt beverages; or, (b) While so engaged, receive, sell, offer or deliver for sale, contract to sell, or ship in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased.
Top • Page Up • Full Thread • Page Down • Bottom/LatestBallot measures could potentially legalize recreational use in varying degrees in California, Nevada, Massachusetts, Arizona, and Nevada — and although they aren’t all expected to pass, the segment of the population arguing against legalization shrinks seemingly by the month.
#73. To: ConservingFreedom (#71)
"it's an issue for the states."
#77. To: misterwhite (#73)
"Trump and Clinton each say it's an issue for the states."
#79. To: ConservingFreedom (#77)
"Why, primarily the states that don't want it - just as responsibility for keeping alcohol out of dry jurisdictions lies primarily with those jurisdictions."
#84. To: misterwhite (#79)
>>"Why, primarily the states that don't want it - just as responsibility for keeping alcohol out of dry jurisdictions lies primarily with those jurisdictions."
to pass the Webb-Kenyon Act, making it a federal crime. Naturally, that didn't work either
Replies to Comment # 84. "The lack of federal enforcement rendered the statute [the Webb-Kenyon Act] virtually meaningless."
#95. To: ConservingFreedom, misterwhite (#84)
According to President Nixon's National Commission on Marihuana and Drug Abuse, "The lack of federal enforcement rendered the statute [the Webb-Kenyon Act] virtually meaningless." It wasn't tried and found wanting - it wasn't seriously tried.
Here’s how marijuana legalization would work in California
ccadelago@sacbee.com §1.22 Wholesalers.
End Trace Mode for Comment # 84.
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