marijuana reform – RI Future

October 17, 2016October 21, 2016

RI arrests black people for drugs almost three times as often as white people

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Black Rhode Islanders are almost three times as likely to be arrested for drug charges than white Rhode Islanders, according to a new analysis by the American Civil Liberties Association of Rhode Island.

“The glaring racial disparities in enforcement of these laws have been going on for too long and must be addressed,” said Steven Brown, executive director of the RI ACLU. “This report is yet another wake-up call about both the overcriminalization of private conduct and the significant racial disparities that permeate our criminal justice system at just about every level.

The report looks at all 50 states done by the ACLU and Human Rights Watch that showed black adults are arrested 2.5 times more often than white adults. In Rhode Island, that ratio is even higher, with 2.9 Black adults arrested for every white adult that is arrested.

Brown said this was “especially troubling” because the report also shows Rhode Island has one of the lowest arrest rates in the nation “per overall population.”

While almost three black Rhode Islanders are arrested for every one white Rhode Islander, there are more than 14 white Rhode Islanders for every one black Rhode Islander. According to the 2010 census, there are 856,000 white Rhode Islanders and only about 60,000 black Rhode Islanders.

Rhode Island has the 21st highest ratio of black-to-white drug arrests in the nation, according to the report. Nearby Vermont has the third highest ratio at 6 to 1 black-to-white drug arrests. Connecticut has the 16th highest average at just over 3 to 1. Massachusetts has the second lowest ratio in the nation at just over 1.5 to 1, second only to California, which is 1.5 to 1.

The national report indicates drugs are the most common reason for arrest made in America and that one of every nine arrests are for drug charges.

“Calling the war on drugs a complete failure that is destroying lives and communities, the report called for decriminalization of personal drug use and possession,” according to a RI ACLU press release. “Instead, the report said, there should be a stronger investment in public health, emphasizing evidence-based prevention; education around the risks of drug use and dependence; and voluntary, affordable treatment and other social services in the community.”

Brown said the new data confirms what the RI ACLU learned when it studied 10 years worth of marijuana arrests in Rhode Island that showed 2.6 to 3.6 black Rhode Islanders were arrested for every white Rhode Islander arrested between 2001 and 2010.

“We hope this report will not only encourage more positive consideration of the marijuana ‘tax and regulate’ bill, but will promote broader efforts by police departments to reconsider how they enforce these particular laws,” said Brown.

Rhode Island continues to take a wait and see approach to legalizing cannabis while Massachusetts voters will decide that question at the ballot this November.

August 13, 2016August 16, 2016

Linc Chafee pushed DEA to reconsider cannabis

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The federal government might be comfortable equating marijuana to heroin, crack and meth, but Rhode Island isn’t. At least it wasn’t when Linc Chafee was our governor. The Drug Enforcement Administration’s recent headline-grabbing decision to keep cannabis as a Schedule 1 drug was the result of a request from the Chafee administration in 2011.

In a July 19 , Chuck Rosenberg, the acting administrator of the DEA, wrote, “On November 30, 2011, your predecessors, The Honorable Lincoln D. Chafee and The Honorable Christine O. Gregoire, petitioned the Drug Enforcement Administration (DEA) to initiate rulemaking proceedings under the rescheduling provisions of the Controlled Substances Act (CSA),” . “Specifically, your predecessors petitioned the DEA to have marijuana and “related items” removed from Schedule I of the CSA and rescheduled as medical cannabis in Schedule II.”

The DEA, it should be noted, disagreed, writing to Raimondo, “Based on the HHS evaluation and all other relevant data, the DEA has concluded that there is no substantial evidence that marijuana should be removed from Schedule I.” It cited three main reasons: “Marijuana has a high potential for abuse. Marijuana has no currently accepted medical use in treatment in the United States. Marijuana lacks accepted safety for use under medical supervision.” An editorial in today’s New York Times proves false each of those three reasons. The DEA was also responding to a request from the governor of Washington and a citizen of New Mexico.

While governor of Rhode Island, Chafee signed legislation to decriminalize less than an ounce of marijuana. But he declined to push Rhode Island to become the first state on the East Coast to tax and regulate marijuana. As a presidential candidate earlier this year, there was some reason to believe Chafee was considering campaigning as a pro-pot candidate after he said his position on full federal legalization would “evolve during the campaign.”

Governor Raimondo has taken a similar tack on taxing and legalizing marijuana as Chafee did during his tenure. “I could see Rhode Island eventually getting there, but I’m not going to rush,” she said in March. On medical marijuana, she pushed legislation that added a per-plant tax to patients who don’t grow their own.

According to a spokeswoman for Raimondo, the governor doesn’t plan to pursue the matter with the DEA any further. “This petition was submitted during the prior administration, so the governor does not plan to respond to the letter,” said Marie Aberger, who did not respond to a question asking if Raimondo thinks marijuana should be considered a Schedule 1 drug.

Rhode Island has the highest per capita marijuana users in the nation and a recent poll found 55 percent of Rhode Islanders favor legalization. A different poll found 53 percent of Americans favor legalization.

June 3, 2016June 3, 2016

Mattiello, Paiva Weed prevent vote on legalizing marijuana

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It’s been five years since legislation was introduced in the Rhode Island General Assembly to legalize marijuana. Since then Colorado and Washington have shown legalization has negligible effects on teen use and tremendous benefits on taxes. And even as Massachusetts seems poised to beat the Ocean State to the more than $100 million in new revenue all but guaranteed to the first New England state to end prohibition, most Rhode Islanders still don’t even know where their legislators stand on this issue.

That’s because House Speaker Nick Mattiello and Senate President Teresa Paiva Weed haven’t allowed a vote on the five-year-old bill that has proven safe and profitable elsewhere, advocates said at a State House event Thursday.

“We believe that by not allowing a vote the speaker and the Senate president are implicitly endorsing the failed status quo,” said Jared Moffat, an organizer for Regulate Rhode Island, the local group calling attention to marijuana legalization’s potential to increase revenue and freedom while decreasing teen use and mass incarceration.

Regulate Rhode Island delivered a petition with more than 1,300 signatures on it to the legislative leaders. And making the case for legalizing marijuana at a subsequent press event were the doctor and lawyer who co-chair the organization.

Andrew Horwitz is a criminal defense attorney and law professor at Roger Williams Univeristy.

Dr. James Crowley is a former president of the Rhode Island Medical Society.

May 24, 2016

Reverend takes Tobin to task for calling to keep cannabis criminalized

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Rev. Alexander Sharp, of Clergy for a New Drug Policy, wrote this open letter to Bishop Thomas Tobin, the head of the Catholic Church in Rhode Island who recently asked state legislators in a blog post not to make marijuana legal.

Dear Bishop Tobin,

On May 10, you asserted in a public commentary that all drug use is sinful and immoral. You urged state legislators to reject the legalization of marijuana. As a member of the Protestant clergy, I reach a very different conclusion.

We read the same Bible, worship the same God, and seek to follow the teachings of Jesus. What, then, explains where we differ, and why? You acknowledge that a case, which you do not refute, can be made for the recreational use of alcohol. Marijuana is far less dangerous than alcohol, yet you do not attempt to justify this double standard.

You then quote the Catechism of the Catholic Church: “The use of drugs inflicts very grave damage on human health and life.” You cite the words of Pope Francis two years ago: “Drug addiction is an evil, and with evil there can be no yielding or compromise.”

The reality is that we live in a drug-using society. Most of us consume some kind of drug on a regular basis: alcohol, caffeine, tobacco, prescription drugs, or marijuana. The question that challenges us both, then, is how to respond to the possibility that drug use can become addictive. Sadly, your understanding of addiction is incomplete and outdated.

In 1971, Richard Nixon declared a War on Drugs. In the early 1980s, Ronald Reagan became its general. His wife Nancy was credited with the famous phrase “Just Say No” as the path to avoiding addiction.

We can be grateful that medical science today has helped us to understand more about the complexities of addiction than we did in the era of Ronald Reagan. In light of current knowledge, the War on Drugs is immoral. “Just Say No” seems simplistic, even fatuous.

Addiction is far less about the properties of an individual drug than the inner pain that causes a user to seek temporary relief. This inner pain is, more often than not, the “gateway” to drug abuse, not any particular substance. That’s why not just drugs, but certain kinds of behavior, can become addictive — gambling, sex, the internet, shopping, and even food.

Most people who experiment with drugs move beyond them. You speak of our youth as ‘immune to reality with their electronics – hoodies on, heads down, ear buds in…” But most of the “zombie youth” you deride will outgrow this behavior. It’s this kind of being out-of- touch that leads to youth not paying attention to adults’ advice in the first place.

In December, I participated in a conference in Providence’s Gloria Dei Cathedral. Police, physicians, and clergy addressed the impact of the War on Drugs. One of the panelists, a former president of the Rhode Island Medical Society, noted that about 10% of those who use drugs run a serious risk of addiction. About half of those will avoid addiction through treatment. It is the remaining 5% we must worry about.

Medical experts are determining that trauma and profound stress are the primary, though certainly not only, causes of addiction. Trauma and stress can take many forms, ranging from sexual abuse to acute loneliness and isolation. Pope Francis is correct when he notes a connection between addiction and extreme poverty.

People struggling with addiction are, most often, neither sinful nor weak, as increasingly outdated moral teachings would have us believe. The phrase “self-medication” is not an accident. Arresting people with an addiction is morally wrong and does nothing to alleviate their underlying pain.

My Christian faith also tells me that punishment and “tough love” are rarely the best way to change behavior. We are most likely to reach others when we respond to them with care, compassion, mercy, respect, and honesty. This is what Jesus did. Condemnation was not his instrument of change.

We are living in the dawn of a new drug policy in this country. It is called harm reduction and is based on the tenets that drugs can never be completely eliminated and that we should help drug users without insisting on abstinence. At least 35 states now have needle exchange programs as a life-saving means of avoiding HIV/AIDS and Hepatitis C.

In opposing marijuana legalization, you are complicit in the failed and immoral War on Drugs. In Rhode Island, which has already decriminalized marijuana, you are nevertheless supporting fines on poor, most often young people, who can ill afford to pay them, and may face lifetime consequences as a result.

You refer derisively to “benign forms” of marijuana: “cookies, brownies, and mints” in states where it is legal. But isn’t this safer than leaving our youth to sellers in back alleys who sometimes offer toxic, adulterated marijuana, and are happy to provide the harder drugs.

Most importantly, in continuing to focus on marijuana legalization, you are distracting attention and resources from what we both fear most – the dangers of addiction. We share the common purpose of reducing the harm of drugs in our society, but we differ on the means. Your commentary is clever and engaging, but ultimately it is wrong.

Yours in Faith,

Rev. Alexander E. Sharp

Executive Director
Clergy for a New Drug Policy

May 2, 2016May 2, 2016

Polls show climate change and cannabis are important to Rhode Island

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Lost in last week’s primary election were some other promising poll numbers for progressives. A Public Policy Polling survey found 3 of 4 Rhode Islanders would be more likely to support a candidate who would drastically decrease our dependence on fossil fuels and a Brown University Taubman Center poll found 55 percent of Rhode Islanders want to legalize recreational marijuana.

Climate change

The PPP poll of 1,179 likely Rhode Island primary voters found that 53 percent of Rhode Islanders were “much more likely” to “vote for a candidate who believes the United States must do all it can to lessen our dependence on fossil fuels by embracing measures like solar, wind, and renewable fuels, like biofuels,” and 22 percent “somewhat more likely” to support such a candidate. Only 26 percent of Rhode Islanders don’t want to support a climate champion for elected office with 11 percent “somewhat less likely” to support such a candidate, 7 percent were “much less likely” and 8 percent said it wouldn’t make a difference.

Even a majority of Rhode Island Republicans want to support a climate champion, the PPP poll found. A total of 63 percent of Republicans were more likely to support a candidate who would decrease dependence on fossil fuels, with 37 percent much more likely and 26 percent somewhat more likely. For Republicans, 27 percent were less likely to vote for a candidate who would invest in alternative energy and 10 percent of Democrats.

The PPP survey parsed its climate change question in terms of fossil fuels contributing to terrorism. It asked: “You may have heard about a connection between fossil fuels and terrorism. Even though the US doesn’t buy oil directly from regimes hostile to us and our allies, our demand for oil does drive up world prices, which benefits hostile regimes. Knowing this, would you be much more likely, somewhat more likely, somewhat less likely, or much less likely to vote for a candidate who believes the United States must do all it can to lessen our dependence on fossil fuels by embracing measures like solar, wind, and renewable fuels, like biofuels?”

Cannabis

The Brown poll posed a more straight-forward question about marijuana. “Thinking beyond medical marijuana, do you support or oppose changing the law in Rhode Island to regulate and tax the use of marijuana, similarly to alcohol,” it asked.

Much of Rhode Island does, with 55 percent answering yes. 21 percent strongly support taxing and regulating cannabis and another 34 percent support it. Only 4 percent were neutral, 24 percent oppose the idea and 12 percent strongly oppose ending prohibition. 5 percent said they didn’t know or refused to answer.

Young Rhode Islanders overwhelmingly want marijuana to be legal, with 72 percent of people age 18 to 44 supporting the idea. Older Rhode Islanders were evenly split with 42.9 percent supporting legalization and 42.1 percent opposed. 56.3 percent of people age 45 to 64 support it and 37.7 percent are opposed.

The poll showed people were more likely to support regulating cannabis like alcohol the more education and income they had.

It also showed that white people were both more likely to support and oppose legalization than black people. 55 percent of white people polled said they support legalization and 36 percent were opposed compared with 50 percent of black respondents who support it and 30 percent who are opposed. Conversely black respondents were more than twice as likely as whites to either refuse to answer or remain neutral.

April 12, 2016April 12, 2016

Regulate RI makes the business case for tax and regulate

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Regulate RI, a coalition working to tax and regulate the sale of marijuana in the state, yesterday made the business case for the idea, ahead the House Judiciary Committee taking public testimony on the bill.

Ray White, chief operating officer of the Thomas C Slater Compassion Center said that he has 60 employees at his business selling medical marijuana. If recreational marijuana were to become legal, he sees the opportunity to employ many more people.

In addition to retail outlets there is the opportunity for marijuana and hemp related research. Austin Davis and Spencer Blier both made the case for Rhode Island being an east coast leader in developing new products, including hemp ropes and boat sails. Along with the development of new products say these entrepreneurs, comes more jobs and more economic growth.

Fred Joyal, who developed and sold a successful business in California, is originally from Rhode Island and is looking to move back here. He is looking for investment opportunities, and feels that Rhode Island could be a leader, but only if our legislature chooses to move before Massachusetts passes similar tax and regulate legislation as a ballot initiative.

This relates to the first mover argument. The first state in New England to tax and regulate marijuana will have a terrific advantage in terms of money to be made from taxes and job creation. If Massachusetts beats Rhode Island to the punch, RI natives will cross the border, sending money and jobs out of state. Meanwhile, any Rhode Islanders who bring the products they buy legally in Massachusetts back to our state risk arrest, costing our state money in terms of policing and court costs.

March 28, 2016March 28, 2016

Colorado marijuana coordinator at State House Tuesday

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Rep. Scott A. Slater (D-Dist. 10, Providence) and Sen. Joshua Miller (D-Dist. 28, Cranston, Providence) will host Andrew Freedman, Director of the Governor’s Office of Marijuana Coordination in Colorado, for a presentation and question and answer session on Colorado’s implementation and oversight of the state’s marijuana laws on Tuesday, March 29 at 3 p.m. in Room 101 of the State House.

Mr. Freedman will be discussing the outcomes, challenges and opportunities that regulating marijuana has presented in Colorado. Representative Slater and Senator Miller have both introduced legislation (2016-H 7752 / 2016-S 2420) that would remove the state’s prohibition on adults using, possessing, and cultivating marijuana for personal use. Their legislation also establishes a system of regulated marijuana retail distribution to adults 21 and older and imposes taxes at both the wholesale and retail level.

[From a RI State House press release]

March 23, 2016

Millennial-based orgs praise RI Senate leaders for supporting proposal to regulate and tax marijuana

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Some of the state’s most prominent millennial-based civic engagement organizations are praising state Senate leaders for supporting legislation that would end marijuana prohibition in Rhode Island and replace it with a system in which marijuana is regulated and taxed similarly to alcohol.

In a letter to Majority Leader Dominick Ruggerio and other members of the Senate on Tuesday, leaders of the Young Democrats of Rhode Island and Students for Sensible Drug Policy thanked the senators for backing S 2420 because it would “improve Rhode Island’s ability to protect students, retain graduates, attract young professionals and create opportunities for a new generation of entrepreneurs.” The full letter is available below.

S 2420 would make possession of limited amounts of marijuana legal for adults 21 years of age and older, and it would establish a tightly controlled system of licensed marijuana cultivation sites, testing facilities, and retail stores.

“It’s a sensible proposal that is long overdue, and we are proud to stand with you in support of it,” the letter reads. “The time has come for Rhode Island to move forward and leave the antiquated policy of marijuana prohibition behind.”

A poll conducted in April of 2015 found that nearly three out of four voters aged 18 to 34 support regulating and taxing marijuana similarly to alcohol. The full results of the poll can be found here.

Full letter from Rhode Island youth leaders to ranking members of the Rhode Island Senate:

Dear Honorable Members of the Rhode Island Senate,

We are writing on behalf of our organizations and their many members across Rhode Island to express our gratitude for your support of S 2420, the Marijuana, Regulation, Control, and Taxation Act.

The Young Democrats of Rhode Island and Students for Sensible Drug Policy represent a diverse group of young, civically engaged Rhode Islanders who share a commitment to promoting the health, safety, and general welfare of our communities. We strongly support S 2420 because it would dramatically enhance Rhode Island’s ability to protect teens, retain graduates, attract young professionals, and create opportunities for a new generation of entrepreneurs.

Our state’s current policy of marijuana prohibition has caused far more problems than it has solved. It has failed to prevent teens from accessing marijuana. It has disproportionately impacted lower-income communities and communities of color. And rather than eliminating the supply of marijuana, prohibition has forced it into an underground market in which consumers aren’t asked for ID, they don’t know what they’re getting, and they’re often exposed to other, more harmful substances.

S 2420 would replace our state’s underground marijuana economy with a regulated market for adults. Marijuana would be sold by licensed businesses that test their products, label them, and only sell them to adults who provide proof of age. These companies would also create good jobs for Rhode Islanders and generate tens of millions of dollars in new tax revenue to fund vital state programs and services.

It is a sensible proposal that is long overdue, and we are proud to stand with you in support of it. The time has come for Rhode Island to move forward and leave the antiquated policy of marijuana prohibition behind.

Sincerely,

Michael Beauregard
Young Democrats of Rhode Island

Shmuel Barkan
Brown University Students for Sensible Drug Policy

Patrick Shea
University of Rhode Island Students for Sensible Drug Policy

February 23, 2016

Medical marijuana tax opponents rally at State House

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Opponents of Governor Gina Raimondo‘s proposed tax on medical marijuana gathered outside the State House Tuesday evening to raise awareness about what some have called “an absolutely cruel proposal” to tax medical marijuana.

There is no other proposal like it anywhere in the country, and under Raimondo’s proposal marijuana will be the only medicine taxed in this way. Since the proposal has been inserted into the budget, rather than submitted as a bill, there will be no opportunity for the public to comment on the idea in House or Senate committee meetings so the only route opponents can follow to stop this plan is to pressure their Representatives to remove the item from the budget or refuse to pass the budget if the tax is not removed.

Almost more pernicious than the tax, though, are the other provisions included in what amounts to a complete restructuring of the way medical marijuana is done in our state. Those who grow their own marijuana will be forced to comply with a 75 percent reduction, six plants only, drastically reducing the amount of medicine available to patients.

Caregivers, those who grow marijuana for others may only posses 24 plants.

Opponents, such as Responsible Caregivers of Rhode Island, say this will not allow caregivers to provide an adequate amount of medicine for their patients.

Then there is the financial devastation this plans wreaks upon caregivers. Purchase tags are now required for all plants. $150 per plant for patients who grow their own and $350 for each plant raised by caregivers for others. This makes the cost of farming marijuana prohibitive, and many will not be able to afford this. I earlier talked to a veteran who uses marijuana, legally, to keep himself from becoming re-addicted to opioids.

Since cultivating plants is essentially farming, a loss of a crop from infestation or power loss (marijuana is cultivated with grow lights) could mean that a person’s entire investment and crop will be lost. This will be a loss of money and vital medicine. Further, the process of farming marijuana is not an exact science. If the plants yield extra marijuana the law allows a grower to “gift” the excess to those in need. Raimondo has disallowed gifting in her proposal.

You can see Raimondo’s proposed changes to the law starting on page 194 of her proposed budget here. The reasoning behind this proposal is baffling. It is simply cruelty, and in truth, much damage has already been done to a community that uses medical marijuana to treat terrible illnesses and disabilities.

As Jared Moffat, executive director of Regulate RI said at the rally outside the State house today, rather than tax the medical marijuana that patients need, why not tax the use of recreational marijuana as is being done in Colorado with great success?

February 23, 2016

Veterans worry about Raimondo’s proposed medical marijuana tax

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As I walked towards the State House on Tuesday for the Taxation Is Not Compassion event, I met Steve, a disabled veteran.

Steve served in Iraq in 2005. After he was injured, the Army gave him morphine and Oxy for his pain. That started a five year addiction to opioids. After cleaning himself up, Steve relapsed, but soon found that medical marijuana helped him deal with his medical issues without the need for opioids. Governor Gina Raimondo’s proposed tax on medical marijuana frightens Steve.

“22 vets commit suicide every day in this country,” said Steve, “but if they overdose on opioids their deaths are called accidental overdoses.”

This evening Steve will be meeting with fellow veterans to try and figure out how best to defeat Raimondo’s proposal.

February 15, 2016February 14, 2016

Has slavery really ended?

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“Churches can be a place where
judgment, shame and contempt
[for families with felons]
are felt most acutely.”
Michelle Alexander

Time for a pop quiz question. Ready? In what year did the U.S. end slavery?

Most agree it’s 1865. Some historians disagree. Their answer: 1942.

True, the Triangle Trade’s enrichment of slave shippers ended with the Civil War. Tragically, however, legally coerced work continued. Some southern states were sly. Police falsely imprisoned blacks, and judges ordered lengthy sentences at hard labor.

“Convict leasing” was legalized. Douglas Blackmon describes this practice as “a system in which armies of free men, guilty of no crimes and entitled by law to freedom, were compelled to labor without compensation, were repeatedly bought and sold, and were forced to do the bidding of white masters through the regular application of extraordinary physical coercion.”

The penal system became the new slavery.

Still, the answer to our black-history-month query may not be 1942. Ready for a shocker? Enslavement of blacks exists today.

The War on Drugs intensified in the 1980s. In just two decades, those jailed for drug offenses increased ninefold. The Director for National Drug Control Policy, retired General Barry McCaffrey, referred to this imprisonment system as a “drug gulag.”

Mass incarceration is aggressively focused on communities of color. Despite blacks and whites having similar drug usage rates, a 1999 Human Rights Watch report states, “Black men are admitted to state prison on drug charges at a rate that is 13.4 times greater than that of white men.” Indeed, black men imprisoned, on parole and probation now exceed all men enslaved in 1850.

Bondage for drug offenses is inflicted almost exclusively on black and brown men. Whites are usually ‘off the hook.’ Even when arrested, whites are more often given alternatives to jail. When jailed, whites’ average sentences are 16.3 percent shorter than blacks.

Enormous numbers of black bodies are placed in bondage, their prison labor extracted, for non-violent drug offenses. Isn’t this a new system of slavery? Isn’t this massive discrimination also subjecting prisoners’ families—parents, spouses and children—to excruciating emotional and financial bondage?

As a permanent undercaste, the black community also suffers wage slavery. Whites’ average household income is 68.5 percent higher than blacks—and the black unemployment rate is twice that of whites. This severely depressed income continually increases economic inequality: Average white families now have thirteen times the assets of average black families.

It gets worse: Black prisoners’ sentences continue after release.

Imagine leaving prison. Determined to lead a good life, you plan to go to college—but you’re barred from getting a federal loan. Or you need a job but, if a black man, only five percent of employers will even grant you an interview. You may be desperate for public housing assistance. You can’t get it. By law, you probably can’t receive any public benefits—including food stamps if your kids are hungry. With all these cruel barriers, what choices remain? Can we see why ex-cons often return to prison?

Again, this discrimination primarily decimates blacks.

So who should correct these many forms of racialized financial rape? Why not the white community which perpetrates and often benefits from black bondage?

The first step is education: More fact-packed articles detailing the destructive impacts of racism can be found at www.quoflections.org\race.

Second, share these injustices with friends and family.

Third, let’s seek legislation ending the War on Drugs (really, the War on Black Men). Let’s eradicate laws discriminating against ex-felons. Let’s legalize a living wage. Also, our nation has the wealthiest white community in history, primarily due to centuries of labor stolen or cheated from African Americans. In the name of justice, we who are white can advocate for long-overdue reparations to be invested in neglected black communities.

Oh, and our pop quiz answer: Even in 2016, slavery continues on a massive scale.

February 12, 2016

Wingmen debate the hows, not the whys, of taxing and regulating marijuana

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Bob Plain and Jon Brien go head to head over marijuana legalization on Wingmen, or they would have, had they actually disagreed. The discussion centered on how to execute the regulation and taxation, not on whether it should be done. Host Bill Rappleye moderates.

February 11, 2016

Tax and regulate recreational marijuana bills introduced

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State Representative Scott Slater will introduce legislation next week that would end marijuana prohibition in Rhode Island and replace it with a system in which marijuana is regulated and taxed similarly to alcohol. Senator Josh Miller will enter similar legislation in the Senate. The Senate bill already almost half the Senate as co-signers and Slater has said that in conversation with leadership, Speaker Mattiello has indicated that he is open to the idea.

“Our current policy of marijuana prohibition has created an underground marijuana market that is entirely out of our control,” Slater said. “Most of the problems associated with marijuana stem from its illegal status. Rather than continuing to ignore these problems, let’s adopt a sensible regulatory system that addresses them.”

Slater also said, referencing Governor Gina Raimondo’s proposed tax on medical marijuana, “If Rhode Island wants marijuana to be a source of revenue, it should regulate and tax the hundreds of millions of dollars in adult marijuana sales currently taking place in the underground market. It should not impose onerous fees on seriously ill people who use marijuana for medical purposes, as our governor recently proposed.”

Senator Miller, chairman of the Senate Committee on Health and Human Services, issued a statement saying, “We should regulate and tax marijuana in Rhode Island and treat it similarly to how we treat alcohol. In a legal market, products would be tested, labeled, and packaged appropriately, and consumers are protected from the black market where they can be exposed to other more harmful illegal substances. Our legislation would put the illegal marijuana dealers out of business while generating tens of millions of dollars in tax revenue that we can invest in our communities.”

Professor Andrew Horwitz, a criminal defense lawyer and co-chair of Regulate Rhode Island spoke about the importance of decriminalizing marijuana, noting that continued criminalization,”devastates communities of color.”

“Most Rhode Island voters support ending marijuana prohibition and regulating marijuana like alcohol, and the level of support grows every year,” Horwitz said. “We hope this year that legislators will demonstrate leadership on this issue and replace our destructive and wasteful policy of marijuana prohibition with a system that makes more sense.”

Horwitz also spoke briefly about Governor Raimondo’s plan to tax medical marijuana, calling the move, “fundamentally cruel” and an “extraordinarily misguided approach.”

The Marijuana Regulation, Control, and Taxation Act would allow adults 21 and older to possess up to one ounce of marijuana and grow one mature marijuana plant in an enclosed, locked space. It would create a tightly regulated system of licensed marijuana retail stores, cultivation facilities, processing facilities, and testing facilities and direct the Department of Business Regulation to create rules regulating security, labeling, and health and safety requirements. It would also establish wholesale excise taxes at the point of transfer from the cultivation facility to a retail store, as well as a special sales tax on retail sales to consumers.

Fifty-seven percent of Rhode Island voters support changing state law to regulate and tax marijuana similarly to alcohol, according to a survey conducted in April by Public Policy Polling. Only 35% were opposed.

February 11, 2016

Patients poised to lose everything under Raimondo’s medical marijuana tax

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Rhode Islanders who use medical marijuana to help manage chronic and debilitating medical conditions spoke out today against a proposal in Governor Gina Raimondo’s 2017 budget that would levy heavy taxes on medical marijuana plants grown by patients and caregivers.

At a news conference held by the American Civil Liberties Union of Rhode Island (ACLU) and the RI Patient Advocacy Coalition, patients said this “sick tax” on medical marijuana would be devastating to them and many other patients and caregivers, making it extremely difficult, if not impossible, for them to access the medicine they need to manage their pain and other medical symptoms. The proposed tax, the groups said, has generated a palpable fear in the patient community and should be struck from the proposed budget.

“If these changes become law, I will be effectively forced out of the medical marijuana program,” said Peter Benson, an East Greenwich resident and medical marijuana patient who is paraplegic and uses medical marijuana to control painful and persistent muscle spasms. Benson broke his neck in a bicycle accident when he was 17. He is confined to a wheelchair. Benson called the governor’s tax “an absolutely cruel proposal.”

“Medical marijuana gave me my life back and my relationship with my wife and daughter,” said Benson. Marijuana controls the painful spasms and allows him to hold his daughter in his lap.

According to a fact sheet prepared by the Governor’s office, the new tax would impose a $150 per plant charge on patients lawfully growing marijuana for medical purposes, and a $350 per plant charge for caregivers volunteering their time and energy to grow plants for sick patients. The proposal also reduces the number of plants that patients can grow.

Ellen Smith, from Scituate, is both a medical marijuana patient and a caregiver for five other patients. She said of the proposed tax: “It would add more than $8,000 a year to the cost of growing medicine for my patients. They can’t afford it and neither can I. It is breaking our hearts.”

Smith remembers meeting candidate Raimondo who promised that she supported the medical marijuana law. Voting for Raimondo is a vote she regrets. Under the Governor’s proposal “gifting” the donation of excess marijuana to those who cannot afford to purchase it, will be taken away. Smith does all she can to care for the patients she provides for, and gifts all excess marijuana to the needy. Now she literally fears for her life and the lives of her patients.

“I will not only lose my patients, I will lose my purpose in life,” said Smith, who says the anxiety over this proposal has contributed to her suffering. One night, during a particularly bad breathing episode, she comforted herself that perhaps her death might be used to convince the Governor to change her mind.

The Governor’s fact sheet claims that each marijuana plant is “estimated to generate an average of $17,280 of annual revenue for a caregiver,” and that therefore the tax “amounts to just 2 percent of the value of marijuana produced.” But JoAnne Leppanen, executive director of the RI Patient Advocacy Coalition, noted that patients and caregivers are growing the plants for medical purposes only and make no money from the plants. “These plants produce medicine, not money,” said Leppanen.

Leppanen pointed to the difficulties and costs patients already face in growing marijuana, and said: “This is a draconian proposal based on fictional numbers that undermines the purpose of the medical marijuana program. It will wreak havoc on the lives and health of thousands of Rhode Islanders.”

“If one marijuana plant was worth $17,000 we’d be having this meeting in Hawaii,” said Benson.

A plant big enough to be worth $17,000 would be the size of the State House Holiday Tree, said Leppanen.

Bobby Brady-Cataldo was the second patient in Rhode Island to be legally able to used medical marijuana. All the marijuana she gets to treat her symptoms of MS is gifted. 80 percent of my money goes to my mortgage, she said, and she would not be able to afford medical marijuana otherwise.

The Governor’s proposal means, “people can’t give me medicine that literally saved my life. Is this ignorance or cruelty?” asked Brady-Cataldo. “They’ll give me Vicodin or Oxy, they’ll give me a drug habit, but they won’t help me.”

Steven Brown, executive director of the ACLU of Rhode Island, added: “Having a medical marijuana program means little if the state makes it impossible for all but the wealthy to actually participate in it. The patients and caregivers affected by this proposal grow medical marijuana to ease their symptoms and to help others; they are not running a lucrative drug trade. The state should treat them just as they would any other patient using legal medication. Imagine charging sick patients prescribed codeine a special tax based on the street value of the medication if they illegally sold it. We fervently hope the Governor will take this troubling tax proposal off the table.”

The ACLU has long supported the availability of medical marijuana for patients who could benefit from its use.

February 10, 2016

Colorado generates over $135 million in revenue in marijuana sales in 2015

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Tomorrow a bill to tax and regulate marijuana will be introduced in the Rhode Island House. In the meantime, says Jared Moffat, Director of Regulate Rhode Island, the following press release from the Marijuana Policy Project, the nation’s largest marijuana policy organization, should put to rest, “any claims from opponents that marijuana tax revenue is not meeting expectations in Colorado.”

Governor Gina Raimondo‘s 2016 Budget proposes a tax on medical marijuana, effectively taxing a legal prescription medication. It might behoove our state to tax and regulate recreational marijuana, and reap millions in taxes instead.

Here the press release:

Colorado’s regulated marijuana system generated more than $135 million in revenue for the state in 2015, including more than $35 million for school construction projects, according to the Colorado Department of Revenue.

There were just under $588 million in adult-use marijuana sales in Colorado from January-December 2015, producing approximately $109.1 million in tax revenue in addition to $4.7 million in license and application fees. The state’s regulated medical marijuana system produced more than $11.4 million in tax revenue and $9.8 million in license and application fees.

In 2014, the state’s regulated marijuana system raised just over $76.1 million in total revenue, including about $56.2 million from adult-use marijuana tax revenue and fees and $19.9 million in medical marijuana tax revenue and fees.

“There are hundreds of millions of dollars in marijuana sales taking place in every state,” said Mason Tvert, the Denver-based director of communications for the Marijuana Policy Project. “Colorado is one of the few where those sales are being conducted by licensed, taxpaying businesses.”

Adult-use marijuana sales in Colorado are subject to the state’s standard 2.9% sales tax, plus a 10% special state sales tax. Additionally, wholesale transfers of adult-use marijuana are subject to a 15% state excise tax. The first $40 million raised annually by the 15% excise tax is earmarked for public school construction projects. The excise tax raised just over $35 million in 2015, up from about $13.3 million in 2014.

“These tax revenue figures are truly impressive,” Tvert said. “Just six years ago, Colorado received zero dollars in tax revenue from the sale of marijuana in the state. Now it’s raising more than $100 million annually with tens of millions of dollars directed toward public school improvements.

“The additional tax revenue far exceeds the cost of regulating the system,” Tvert said. “Regulating and taxing marijuana has been incredibly successful in Colorado, and it represents a model for other states to follow. These numbers should put to rest the claims we keep hearing from opponents that marijuana tax revenue has fallen short of expectations in Colorado.”

February 8, 2016

Regulate RI responds to Raimondo’s proposed medical marijuana tax

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Governor Gina Raimondo recently unveiled a proposal to create a “tagging” system to track medical marijuana plants in the state. Patients and caregivers who cultivate medical marijuana for patients will be required to pay $150 or $350 per plant for these tags. Polly Reynolds, a registered medical marijuana patient who cultivates marijuana to ease her muscle spasms and pain caused by multiple sclerosis, issued the following statement:

Instead of levying hefty fees from patients like me who have debilitating health conditions, Governor Raimondo and lawmakers should tax those who use marijuana for enjoyment. For us patients, marijuana is often the only thing that eases our suffering, and it is already difficult to afford because health insurance does not cover it. Raising revenue from seriously ill patients’ medicine is wrong, but taxing recreational consumers is appropriate and could help alleviate our state’s deficit.”

Jared Moffat, Director of Regulate Rhode Island, issued the following statement:

We tax alcohol, but not prescription medications. Similarly, it makes little sense to extract revenue from sick people who need marijuana as a medicine while keeping marijuana that is used for fun untaxed and in the illicit market. I suspect most recreational marijuana consumers would be happy to pay taxes if only the state would make it legal for them to do so. In addition to generating more revenue, regulating marijuana like alcohol would erode the illicit marijuana market and create new businesses and jobs all over the state. It’s time to get our head out of the sand and move forward like our neighbors in Massachusetts and Vermont.”

[From a press release]

January 22, 2016

Mass incarceration creates a permanent underclass

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“The country’s poverty rate would
have been more than 20 percent
lower between 1980 and 2004
without mass incarceration.”
Villanova University study

Like most U.S. adults, I have violated the nation’s drug laws.

The year was 1971. A freshman at the University of Michigan’s Dearborn campus, I began smoking marijuana with two of my three roommates. As police did not arrest drug offenders on campus, I never worried about being jailed.

Not so for Clifford Runoalds, an African American who was arrested for failure to cooperate with prosecutors. They wanted him to testify against a defendant in the infamous Hearne, Texas “drug bust” of 2000. A rogue police task force arrested 28 residents on the word of only one informant, on drugs, who lied about his African-American neighbors.

Runoalds was innocent. The drug deals never happened. Still, he was jailed for a month before prosecutors released him. As Michelle Alexander explains in her extraordinary book, The New Jim Crow, Runoalds was technically free—but his life was decimated. Jail time resulted in the loss of his job, his car, his apartment and his furniture.

Moreover, Runoalds was grieving the death of his eighteen-month-old daughter. Handcuffed at her funeral, which was about to begin, police rejected his pleas to say goodbye to his daughter.

Runoalds is not alone. Systemic discrimination begins with traffic stops. National data indicates blacks and Latinos are three times more likely to be searched than whites. Pedestrian stop-and-frisk is far worse. The New York Police Department frisked 545,000 people in 2008: 85 percent were black; eight percent were white.

Prosecutors and judges amplify this discrimination. According to Human Rights Watch, at least fifteen states sentenced black drug offenders at 20 to 57 times the rate of white drug offenders. In addition, the U.S. Sentencing Commission documented that, from 2007 to 2011, blacks received sentences 19.5 percent longer than whites.

The Bureau of Justice Statistics projected that one in three black males born in 2001 would be sent to prison during their lifetimes; for Latinos, one in six; for whites, one in seventeen.

The War on Drugs is an excuse for mass incarceration of black and brown people. SWAT teams do not descend on college campuses. Police do not target the homes of white suburbanites. No, they target poor minority neighborhoods. But as Alexander’s extensive documentation indicates, “The notion that most illegal drug use and sales happens in the ghetto is pure fiction.”

Poor minorities are swept up into the criminal justice system in numbers whites will never face. Those arrested are often unable to pay bail. So they languish in a cage. Faced with many months or perhaps years in jail awaiting trial, even innocent people accept unjust plea bargains. Many serve long sentences on probation—just one misstep from prison.

In addition to 2.3 million incarcerated, more than 7 million people are currently on probation or parole, many for drug or other nonviolent offenses. The fact that minorities are vastly overrepresented in this system means, as Alexander emphasizes, they constitute a new caste, a permanent underclass.

Under Jim Crow, separate but “equal” treatment was legal. This systemic racism supposedly ended in 1954 with the Brown v. Board of Education of Topeka decision. A new Jim Crow has arisen, however, with discriminatory effects even more powerful than the blatant racism of an earlier era.

Challenges to the system’s racism is now barred by court decisions. Alexander concludes, “The legal rules adopted by the Supreme Court guarantee that those who find themselves locked up and permanently locked out due to the drug war are overwhelmingly black and brown.”

Like many young white men, I smoked marijuana. Unlike massive numbers of young black men, few of us with white skin lost our freedom and our families. We did not lose our jobs, our apartments, our cars. Nor should we—but neither should drug users of color.

August 12, 2015August 12, 2015

Judge Licht allows medical marijuana discrimination case to move forward

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Rhode Island Superior Court Judge Richard Licht refused to dismiss a case in which a University of Rhode Island graduate student alleged that she was denied employment due to her status as a medical marijuana user.

The case, which was filed by the American Civil Liberties Union in November of 2014, concerns URI grad student Christine Callaghan, who is working towards a masters’ degree in textiles. Callaghan is also a registered medical marijuana user in order to deal with frequent migraine headaches. In July of last year, Callaghan was slated to begin a paid internship with Darlington Fabrics in Westerly, which she needed to finish her degree. After disclosing her status as a medical marijuana user, the company withdrew her internship.

In the lawsuit, the ACLU argues that Darlington has violated the Hawkins Slater Medical Marijuana Act. Callaghan’s attorney, Carly Beauvais Iafrate, said that because the company had no other reason to withdraw their offer from Callaghan, they are breaking the law.

“Under the Hawkins Slater Medical Marijuana Act, when the General Assembly put that really critical employment language in, which essentially says that no person will be not hired or denied any privileged in employment because of their cardholder status,” she said. “They didn’t then put any language in there that says if someone violates that section, you can sue them. That’s called a private right of action. So what [Darlington’s lawyer] was saying was there’s nothing in the statute that says you can sue anybody over it, and so therefore, you shouldn’t be allowed to.”

Iafrate said the defendant’s argument relies on what is normally written into other disability laws, that lay out penalties for those who violate the law, be it a fine or the right to sue. The Hawkins Slater Medical Marijuana Act lacks that language. In other situations, the Rhode Island Supreme Court has not assigned a remedy and implied a private right of action, but Iafrate says that this case is different from the precedent that has already been set.

“Those other situations are different, because in this statute, the General Assembly said liberally construe this to make sure that the purpose is effectuated, so that it doesn’t become meaningless,” she said. “Think about it. If there’s no remedy, what meaning does it have that they say that no employer can refuse to hire? They can just do it anyway, because there’s no remedy.”

The ACLU is also arguing that by refusing to hire Callaghan, Darlington has discriminated against a disabled person, and is in violation of the Rhode Island Civil Rights Act.

Licht did not approve Darlington’s motion to dismiss for a number of reasons, but his biggest reason dealt with the Medical Marijuana Act, and Darlington’s argument that there is no private right of action, and that they should be allowed to not hire Callaghan to ensure a drug free workplace.

“It’s inconceivable to me that the General Assembly meant to say discriminate against for the use of marijuana, even though you can’t discriminate against them because they hold a card that allows them to use it,” Licht said. “I doubt there are many people who sought out a medical marijuana card that don’t use it.”

While Callaghan is seeking compensatory and punitive damages, Iafrate said she had other reasons to sue as well.

“One of her main purposes, which is why she went to the ACLU, is because this is an important issue, and it needs to be decided. People who are engaging in the medical use of marijuana in the state need to know whether they have employment protection or not. And they need to know whether it’s just words on paper or if it actually means something,” Iafrate said.

In a press release from the ACLU, Callaghan said that she would like companies to treat medical marijuana patients just as they would any other employee who may take medication for a chronic illness.

The next step is for the case to go to summary judgment and for both parties to engage in discovery of evidence and facts. Iafrate said this should happen within the next year.

June 22, 2015

Why the House wants to legalize hemp but not pot

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As far as plant species go, hemp and marijuana are pretty similar. They are cousins, if you will, in the cannabis family. But as far as products go, they are vastly different. Marijuana is consumable, and gives people a buzz not unlike alcohol. Hemp is indigestible, and used to make rope and fabric. There is a massive underground market for marijuana in Rhode Island, as everywhere in America. Hemp products are already legal but there is little market demand for them.

There are separate bills before the General Assembly that would legalize production of marijuana and hemp, which brings us to the only difference that matters on Smith Hill. Bill Murphy, a former House speaker and close personal friend of current Speaker Nick Mattiello, is a paid lobbyist for hemp, and not marijuana.

“I support the hemp legislation because it has potential to create a new industry, develop jobs and boost our economy,” Mattiello told RI Future. “This is not marijuana. The product is not used for illicit drug purposes.”

Indeed, last week the House passed the hemp bill but took no action on the marijuana bill. It was introduced by Rep. Cale Keable, a close ally of Mattiello’s, who told the Providence Journal he introduced the legislation, at the behest of Murphy, without first formulating an opinion on it. “Bill and I talked about the merits of hemp and the things it could be used for … He asked me if I would be willing to introduce this, and I said I would,” Keable told the Providence Journal. “I don’t really have an opinion on it. I don’t know if it’s a great bill, a good bill or a bad bill.”

With the Senate poised to consider the hemp bill this week, Jared Moffat, director of Regulate Rhode Island, a group that has lobbied hard for Rhode Island to become the first East Coast state to legalize marijuana, thinks the General Assembly is moving the wrong bill.

“They are on the right path, but they are using the wrong vehicle,” he told RI Future. “Meanwhile, the right one is sitting idle.”

The tax and regulate bill also allows for hemp farming, Moffat said. It “presents a more comprehensive and effective alternative to prohibition for Rhode Island. It is primed and ready to move forward,” he added. “The key to getting it running? Speaker Mattiello, who simply needs to call it for a vote.”

Moffat said legislators are doing wrong by Rhode Island’s economy ignoring the tax and regulate bill this session.

“Our leaders in Providence continue to stress the importance of focusing this session on economic development and job creation,” he said. “Regulating and taxing marijuana like alcohol would foster the growth of new businesses that would create countless new jobs and utilize the products and services of other local businesses. Passing the law this year would also allow Rhode Island to better position itself as a regional leader in this emerging market and more quickly begin raising tax revenue on the marijuana sales that take place every day in every city across our state.”

June 17, 2015June 17, 2015

Regulate RI delivers 500 postcards to Speaker Mattiello’s office

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Jared Moffat, director of Regulate RI, a group advocating legislation to tax and regulate marihuana like alcohol, delivered nearly 500 postcards from constituents within Speaker Nicholas Mattiello‘s district in favor of the legislation to the Speaker’s office on Wednesday.

“We hope the House Speaker and Senate President will agree with the majority of voters that it’s time to start regulating and taxing marijuana like alcohol in Rhode Island,” said Moffat. “At the very least, they should allow a vote on the bill before the session ends.”

According to Regulate RI’s press release, “S 510/H 5777, the ‘Marijuana Regulation, Control, and Taxation Act,’ would allow adults 21 and older to possess up to one ounce of marijuana and grow one mature marijuana plant in an enclosed, locked space. It would create a tightly regulated system of licensed marijuana retail stores, cultivation facilities, and testing facilities and direct the Department of Business Regulation to create rules regulating security, labeling, and health and safety requirements. It would also establish wholesale excise taxes at the point of transfer from the cultivation facility to a retail store, as well as a special sales tax on retail sales to consumers.”

“Regulating and taxing marijuana in Rhode Island would give our state’s economy a much-needed boost,” Moffat said, “It would generate revenue, foster new businesses, and create jobs. S 510/H 5777 should be included as part of the General Assembly’s initiatives to rebuild Rhode Island’s economy.It’s hard to imagine why the legislature would end the session without voting on a widely supported proposal that is intended to bolster the economy and improve public safety.”

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