
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 Legislatures 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.
Carrolls bill audacious thumbs its nose at the DEAs 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 its just not a big deal, Carroll told Politico. Its already ubiquitous. Anybody who thinks this is somehow going to increase the availability of marijuana has never been 19. If thats the case, then whats 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 hes never tried cannabis, personally.
Youre talking to the worlds most boring, straightest guy, he said. Ive never popped a pill, never smoked a joint, nothing. Ive never quite understood the all the allure of this stuff.
Apparently, though, he doesnt 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 Jerseys medical cannabis legislation, in April he proposed lowering the states drinking age to 18, saying, according to the Patch,
If youre old enough to make the determination you want to enlist in the Marines, youre 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.
Novembers 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 arent 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 its only a matter of time.
Claire Bernish writes for TheFreeThoughtProject.com, where this article first appeared.
#91: misterwhite To: ConservingFreedom (#90)
If they only have authority over interstate transactions, they'd have to be there the moment the drug crossed the border. Either side of the state border is out-of-bounds.
"how does that amount to a "suicide pact"?"
We both know it wouldn't work. Congress published findings saying it wouldn't work.
So to say we should do it anyways is a suicide pact.
misterwhite posted on 2016-09-30 17:51:52 Reply Private Reply
#92: ConservingFreedom To: misterwhite (#91)
Not so - a car with Colorado plates parked in Oklahoma, with a trunk full of marijuana, has broken Oklahoma law, for starters - and has established probable cause to retrace the driver's steps and determine whether a Colorado seller sold him the pot
Suicide pacts involve the death of all parties.
"Congress published findings" - BFD.
ConservingFreedom posted on 2016-09-30 22:11:25 Reply Private Reply
#93: misterwhite To: ConservingFreedom (#92)
We were discussing federal enforcement of interstate commerce. At least, I thought we were. Are you saying the DEA has the power to enforce Oklahoma law? Doesn't that go against your argument that this should be a state issue?
Marijuana is fungible. You can't look at it and say. "That's Colorado pot!" The driver would say to the DEA that it's Oklahoma pot being transported intrastate -- which is beyond their jurisdiction.
Can Oklahoma law enforcement arrest this guy for possession? Yes. But again, that's not what we're discussing.
misterwhite posted on 2016-10-01 10:11:44 Reply Private Reply
#94: misterwhite To: ConservingFreedom (#92)
Yeah, yeah, yeah. And the Supreme Court made a ruling - BFD.
And the legislature passed a law -- BFD.
And the people passed a referendum - BFD.
Your anarchist slip is showing.
misterwhite posted on 2016-10-01 10:15:12 Reply Private Reply
#95: nolu chan To: ConservingFreedom, misterwhite (#84)
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
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
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=ca5efde690bd7ec411bf4ac77d7e2867&rgn=div5&view=text&node=27:1.0.1.1.1&idno=27
Title 27: Alcohol, Tobacco Products and Firearms
PART 1BASIC PERMIT REQUIREMENTS UNDER THE FEDERAL ALCOHOL ADMINISTRATION ACT, NONINDUSTRIAL USE OF DISTILLED SPIRITS AND WINE, BULK SALES AND BOTTLING OF DISTILLED SPIRITS
http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=ca5efde690bd7ec411bf4ac77d7e2867&rgn=div5&view=text&node=27:1.0.1.1.1&idno=27#se27.1.1_122
nolu chan posted on 2016-10-01 12:47:14 Reply Private Reply
#96: ConservingFreedom To: misterwhite (#93)
The DEA has the power to turn him over to the state authorities and thereby facilitate the initiation of a federal investigation.
Beat that straw man.
So have you dropped this "suicide pact" tomfoolery?
ConservingFreedom posted on 2016-10-01 18:10:56 Reply Private Reply
#97: ConservingFreedom To: misterwhite (#94)
Baseless self-serving "findings" have no evidentiary weight in the forum of reasoned debate. And as a matter of fact, the Constitution as the supreme law of the land is a much B-er D than laws, referenda, or even rulings. 'The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.' - Supreme Court Justice Felix Frankfurter, Graves vs. New York
ConservingFreedom posted on 2016-10-01 18:21:46 Reply Private Reply
#98: ConservingFreedom To: nolu chan (#95)
Beats the Hell out of the futile and criminal-enriching status quo.
ConservingFreedom posted on 2016-10-01 18:24:52 Reply Private Reply
#99: misterwhite To: ConservingFreedom (#96)
Nope. Your entire scenario is fantasy. If the DEA is limited to only enforcing interstate commerce, what are they doing in this guy's trunk to begin with? He's parked in Oklahoma. He's not crossing any interstate border.
How can they prove he crossed the border with the pot? They can't. How do they know it's Colorado pot? They don't.
Any search they did is inadmissable in court. They ain't turning him over to anybody. They're out of their jurisdiction. They can't prove he broke federal law ... unless they see him cross the state border with the pot.
misterwhite posted on 2016-10-01 18:28:24 Reply Private Reply
#100: misterwhite To: ConservingFreedom (#96)
If you insist on taking it literally rather than for the expression it is, yeah.
misterwhite posted on 2016-10-01 18:30:26 Reply Private Reply
#101: GrandIsland To: Deckard (#0)
No matter how you slice it, Decktard, marijuana use is not healthy. Stfu.
GrandIsland posted on 2016-10-01 18:37:26 Reply Private Reply
#102: GrandIsland To: Deckard (#0)
You waste your stoner loving time.
GrandIsland posted on 2016-10-01 18:40:07 Reply Private Reply
#103: misterwhite To: ConservingFreedom (#97)
What? The findings justify the law! Plenty to debate there.
"ultimate touchstone of constitutionality is the Constitution itself"
Ah. Now noble! How profound! And who, pray tell, will interpret the Constitution? Who is the final arbiter of the meaning of "to regulate"?
You?
misterwhite posted on 2016-10-01 18:41:30 Reply Private Reply
#104: ConservingFreedom To: misterwhite (#99)
He's got Colorado plates so he did cross a border.
Sez you - the requirement for successful prosecution is proof beyond REASONABLE doubt not ANY CONCEIVABLE doubt.
ConservingFreedom posted on 2016-10-01 19:11:05 Reply Private Reply
#105: ConservingFreedom To: misterwhite (#100)
It's an applicable expression only if outcomes of gravity comparable to that of suicide are in the balance - otherwise it's misleading.
ConservingFreedom posted on 2016-10-01 19:13:19 Reply Private Reply
#106: ConservingFreedom To: misterwhite (#103)
Which makes it worth noting that they're baseless and self-serving - it doesn't provide a basis for treating them as if they were otherwise.
That's not the question until we've agreed that a USSC-approved federal action is unconstitutional and then passed on to the followup question, "What is to be done?"
ConservingFreedom posted on 2016-10-01 19:20:43 Reply Private Reply
#107: misterwhite To: ConservingFreedom (#106)
Because you say so.
"a USSC-approved federal action is unconstitutional"
Again, who says that a federal law, ruled constitutional by the USSC, is unconstituional? You?
misterwhite posted on 2016-10-02 10:48:49 Reply Private Reply
#108: misterwhite To: ConservingFreedom (#105)
"The Constitution is not a suicide pact" is a common expression and does not mean everyone dies. Get a f**king grip.
misterwhite posted on 2016-10-02 10:58:01 Reply Private Reply
#109: misterwhite To: ConservingFreedom (#104)
That's not against the law.
"Sez you - the requirement for successful prosecution is proof beyond REASONABLE doubt not ANY CONCEIVABLE doubt."
What proof? Where's your proof he crossed the border with the pot? Where's your proof that the pot is even from Colorado? If you're prosecuting an interstate commerce case, aren't those facts important?
It's no surprise the federal government didn't even try to enforce the law against the interstate commerce of alcohol. It's unenforceable. As it would be against pot. And you know it.
misterwhite posted on 2016-10-02 11:07:24 Reply Private Reply
#110: misterwhite To: ConservingFreedom (#77)
There's a big unfunded mandate. You expect the states to enforce federal commerce clause law? Do you expect Congress to be satisfied with that arrangement?
misterwhite posted on 2016-10-02 11:23:52 Reply Private Reply
#111: ConservingFreedom To: misterwhite (#107)
No basis was offered, hence baseless; that a governmental assertion of authority is self-serving, is self-evident.
Honest and unprejudiced readers of the Constitution - in other words, conservatives.
ConservingFreedom posted on 2016-10-05 15:52:58 Reply Private Reply
#112: ConservingFreedom To: misterwhite (#108)
I said "outcomes of gravity comparable". Get some f**king honesty.
'"The Constitution is not a suicide pact" is a phrase in American political and legal discourse. The phrase expresses the belief that constitutional restrictions on governmental power must be balanced against the need for survival of the state and its people.' (https://en.wikipedia.org/wiki/The_Constitution_is_not_a_suicide_pact, emphasis added) Get some f**king facts.
ConservingFreedom posted on 2016-10-05 15:58:30 Reply Private Reply
#113: ConservingFreedom To: misterwhite (#109)
Nobody said it was, strawbeater.
The Colorado seller testifies.
ConservingFreedom posted on 2016-10-05 16:01:14 Reply Private Reply
#114: ConservingFreedom To: misterwhite (#110)
No mandate - a state is free to take no action against pot entering it.
ConservingFreedom posted on 2016-10-05 16:11:51 Reply Private Reply
#115: misterwhite To: ConservingFreedom (#114)
Fine. Let the courts decide.
misterwhite posted on 2016-10-05 16:42:11 Reply Private Reply
#116: misterwhite To: ConservingFreedom (#112)
That was your definition -- which I don't accept.
From the same link:
In the 1949 case Terminiello v. City of Chicago, the majority opinion by Justice William O. Douglas overturned the disorderly conduct conviction of a priest whose rantings at a rally had incited a riot. The Court held that Chicago's breach of the peace ordinance violated the First Amendment.
Associate Justice Robert Jackson wrote a twenty-four page dissent in response to the Court's four page decision, which concluded: "The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact."
That was simply a free speech issue.
misterwhite posted on 2016-10-05 16:51:21 Reply Private Reply
#117: ConservingFreedom To: misterwhite (#116)
It was a free speech (allegedly) leading to anarchy issue.
ConservingFreedom posted on 2016-10-05 16:58:16 Reply Private Reply
#118: nolu chan To: misterwhite, ConservingFreedom (#116)
At the link is a lame article from Wikipedia that is clearly wrong on Terminiello.
The Court did not find the ordinance violated the First Amendment. It did not even reach that question. It was decided on a faulty charge to the jury by the trial court.
The Court:
The Court found that "The statute, as construed in the charge to the jury, was passed on by the Illinois courts and sustained by them over the objection that, as so read, it violated the Fourteenth Amendment."
It was the instructions to the jury that wandered astray. There was a general verdict which did not identify the precise reasoning for the guilty verdict. As the Court explained, "For all anyone knows, he was convicted under the parts of the ordinance (as construed) which, for example, make it an offense merely to invite dispute or to bring about a condition of unrest."
- - - - - - - - - -
Terminiello v. Chicago, 337 U.S. 1 (16 May 1949) free speech
nolu chan posted on 2016-10-05 22:32:57 Reply Private Reply
#119: misterwhite To: ConservingFreedom (#117)
Leading to the death of everyone in the US. Got it.
misterwhite posted on 2016-10-06 10:11:52 Reply Private Reply
#120: ConservingFreedom To: misterwhite (#119)
Still beating your straw men. Pathetic - but not surprising.
ConservingFreedom posted on 2016-10-06 15:33:38 Reply Private Reply
#121: misterwhite To: ConservingFreedom (#120)
Suicide pacts involve the death of all parties.
-- ConservingFreedom
misterwhite posted on 2016-10-06 15:47:57 Reply Private Reply
#122: ConservingFreedom To: misterwhite (#121)
Strawbeater.
ConservingFreedom posted on 2016-10-06 16:01:42 Reply Private Reply
#123: misterwhite To: ConservingFreedom (#122)
misterwhite posted on 2016-10-06 16:41:01 Reply Private Reply
#124: ConservingFreedom To: misterwhite (#123)
Because anarchy, unlike pot legalization, WOULD lead to a great many deaths (though not of "everyone in the US") - so the judge's use of the term "suicide pact" was, unlike yours, appropriate.
As always, glad I could clear that up for you.
ConservingFreedom posted on 2016-10-06 17:47:46 Reply Private Reply
#125: misterwhite To: ConservingFreedom (#124)
Thank you for the clarification. Here I thought that when you said "Suicide pacts involve the death of all parties" you meant ... all parties.
misterwhite posted on 2016-10-06 17:54:24 Reply Private Reply
#126: ConservingFreedom To: misterwhite (#125)
Strawbeater.
ConservingFreedom posted on 2016-10-06 21:07:02 Reply Private Reply
#127: misterwhite To: ConservingFreedom (#126)
misterwhite posted on 2016-10-07 09:53:54 Reply Private Reply
#128: ConservingFreedom To: misterwhite (#127)
ConservingFreedom posted on 2016-10-07 13:50:45 Reply Private Reply
#129: misterwhite To: ConservingFreedom (#128)
I agree. It's an accurate idiomatic expression.
misterwhite posted on 2016-10-07 14:35:16 Reply Private Reply
#130: ConservingFreedom To: misterwhite (#129)
ConservingFreedom posted on 2016-10-07 14:38:25 Reply Private Reply
#131: misterwhite To: ConservingFreedom (#130)
Only if you take it literally.
misterwhite posted on 2016-10-07 14:44:12 Reply Private Reply
#132: ConservingFreedom To: misterwhite (#131)
ConservingFreedom posted on 2016-10-07 15:23:33 Reply Private Reply
#133: misterwhite To: ConservingFreedom (#132)
By definition, an idiom is an expression not interpreted literally.
Poor you.
misterwhite posted on 2016-10-07 17:28:14 Reply Private Reply
#134: ConservingFreedom To: misterwhite (#133)
Hence my "also".
Dimwit.
ConservingFreedom posted on 2016-10-07 17:45:17 Reply Private Reply
#135: misterwhite To: ConservingFreedom (#134)
Don't give me this we weaselly weaselly "also" crap.
misterwhite posted on 2016-10-07 18:40:10 Reply Private Reply
#136: nolu chan To: misterwhite (#127)
You assume a fact not in evidence. It thinks?
nolu chan posted on 2016-10-07 19:02:19 Reply Private Reply
#137: misterwhite To: nolu chan (#136)
Very rarely the two neurons floating around in his head accidentally bump into each other and exchange a small amount of information. This is what passes for thought.
misterwhite posted on 2016-10-08 10:03:05 Reply Private Reply
#138: ConservingFreedom To: misterwhite (#135)
Your first sentence doesn't follow from your second; that an idiom is not literal does NOT mean it is completely unrelated to the literal meaning. If Joe and Jim each agree to eat a forkful of rutabaga if the other does, only in a purely humorous sense ought one call that a "suicide pact."
ConservingFreedom posted on 2016-10-08 14:05:56 Reply Private Reply
#139: misterwhite To: ConservingFreedom (#138)
So if I said "Killing two birds with one stone" I must be referring to a murder, a bird or a stone?
misterwhite posted on 2016-10-08 14:39:43 Reply Private Reply
#140: Roscoe To: misterwhite (#139)
Roscoe posted on 2016-10-08 14:48:12 Reply Private Reply