Odds and Ends

The Failed Promise of Legal Pot

Other than the click-bait headline, this feature article has a lot of useful stuff, including the inescapable conclusion that we’ve talked about all along. In order to pull the legs out of the black market, legalization needs to make is easier to be legal. But, of course, with the advice of entities like BOTEC, the approach has instead been to make is as difficult as possible to be legal.

“If it’s ridiculously expensive and they can get it from their homie cheaper, that’s what they’re going to do.”

Yep. If only we had people as smart as Admiral Gregory:

When repeal finally came, Washington’s then-Governor Clarence Martin asked Admiral Gregory to head the state’s new Liquor Control Board. Critically, Martin gave Gregory carte blanche to mold the new policies as he saw fit. Gregory took up the challenge—and surprised everyone.

First, instead of cracking down on bootleggers and speakeasy operators, Gregory gave them amnesty and issued licenses to anyone willing to play by the state’s rules. Second, backed by the governor and his influence in the Senate, Gregory arranged for alcohol taxes to be set as low as any in the nation, which allowed those willing to follow the law to keep a significant amount of their profits, and it made room for legal operators to compete with bootleggers’ prices. Third, Gregory punished anyone who broke the rules—even once—with an iron fist, blacklisting them from ever making or selling alcohol in the state again.

Predictably, this caused some turmoil in a legislature anxiously awaiting an infusion of cash from liquor sales, but the governor backed Gregory. Faced with a low cost of entry and legal profits, bootleggers and speakeasies around the state mostly turned legitimate. Meanwhile, the few remaining stragglers were quickly put out of business, and drinkers flocked to a competitive legal market.

That might have been the end of it, but there was one more piece to Gregory’s plan. After holding down taxes—and thus prices—for three years, Gregory abruptly raised taxes so much that they were among the highest in the nation. The price of booze went up, of course, but people kept buying legal liquor and beer. There was no alternative left. Gregory had broken the back of the black market.


Bipartisan Pack of Lawmakers Fights Legal Theft by Police with New House Bill

  • Provides legal representation for those who cannot afford it in administrative and judicial proceedings;
  • Raises the burden of proof necessary to forfeit property from a mere “preponderance of evidence”—informally understood as being “more likely than not” connected to a crime—to “clear and convincing”—the highest standard used in civil proceedings;
  • Restores the presumption of innocence by requiring the government to prove that owners knew about or consented to the criminal use of their property;
  • Establishes new timelines that better protect property owners’ due process rights;
  • Provides a hearing for defendants to contest the pretrial restraint of property needed to pay for counsel;
  • Allows the recovery of attorney’s fees if a case is settled;
  • Increases oversight and transparency by requiring an annual audit of federal civil forfeitures and creating two publically available databases; and
  • Limits forfeiture for structuring only when funds are derived from an illegal source or used to conceal illegal activity.

Despite the praise, the Institute for Justice is calling for the bill to be amended to completely eliminate the DOJ’s Equitable Sharing Program.


US House Votes to Give Medical Marijuana to Veterans

By a vote of 233-189, representatives approved an amendment preventing the Department of Veterans Affairs (V.A.) from spending money to enforce a current policy that prohibits its government doctors from filling out medical marijuana recommendation forms in states where the drug is legal.


It’s often depressing living in Illinois when it comes to the political climate, the state of the budget, and its marijuana laws, but there was a bright note this week.

Illinois House Passes Decriminalization Bill

On May 18, the Illinois House voted to move Illinois to ticket-based penalties for possession of up to 10 grams of marijuana. If the governor signs Senate Bill 2228, instead of making arrests, police will start issuing tickets ranging from $100 to $200 per offense. Previously, anyone caught with 10 grams or less of marijuana could have been charged with a misdemeanor, resulting in a fine of up to $1,500 and possible jail time of up to six months.


Police and Prison Guard Groups Fight Marijuana Legalization in California

Of course they do.

ROUGHLY HALF OF the money raised to oppose a ballot measure to legalize recreational marijuana in California is coming from police and prison guard groups, terrified that they might lose the revenue streams to which they have become so deeply addicted.

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