Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Uncle Joe

(58,342 posts)
Wed Jun 25, 2014, 07:27 PM Jun 2014

Did Rep. Andy Harris inadvertently legalize marijuana possession in D.C.?




http://www.washingtonpost.com/blogs/mike-debonis/wp/2014/06/25/did-rep-andy-harris-inadvertently-legalize-marijuana-possession-in-d-c/

But District lawyers are now exploring whether he might have actually moved to, in effect, legalize marijuana possession instead.

(snip)

Even if the amendment survives a Senate conference, the decriminalization law converting marijuana possession from a misdemeanor into a $25 civil citation is likely to pass a congressional review period and take effect beforehand, sometime in mid to late July.

If the amendment — which bars the city from spending any funds to “enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution for recreational use” — then takes effect after the decriminalization statute is officially on the books, the city would be in the odd position of having a decriminalization law that it could not enforce.


(snip)

But the officials familiar with the matter said the amendment could prevent the police department from printing citations, prevent cops from writing and processing them, and prevent the city government from adjudicating them. The upshot is that there might be no penalty for minor marijuana possession, they said.



28 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Did Rep. Andy Harris inadvertently legalize marijuana possession in D.C.? (Original Post) Uncle Joe Jun 2014 OP
Good - it was just decriminalized in Jamaica malaise Jun 2014 #1
"Long Haired Country Boy" Uncle Joe Jun 2014 #3
You know while all the great Reggae singers lived in Kingston malaise Jun 2014 #5
I hear you, malaise, we're all connected one way or the other through music. Uncle Joe Jun 2014 #7
I have long found that they are the only professionals who celebrate one another malaise Jun 2014 #8
Here's to humility and enlightenment. Uncle Joe Jun 2014 #9
Google "Two Faces Have I," Lou Christy (1963) on youtube... Eleanors38 Jun 2014 #18
Thanks Eleanors38 malaise Jun 2014 #24
I was talking with Joe Nick Patoski several years back... Eleanors38 Jun 2014 #25
That's not true malaise Jun 2014 #26
Those music forms did indeed precede reggae... Eleanors38 Jun 2014 #27
K & R !!! WillyT Jun 2014 #2
WillyT! Uncle Joe Jun 2014 #4
A legal Eicher staircase. I enjoyed a venison burger, then... Eleanors38 Jun 2014 #6
A conundrum wrapped within an enigma, or something like that. Uncle Joe Jun 2014 #10
Condom wrapped in stigma?! Eleanors38 Jun 2014 #16
That works. Uncle Joe Jun 2014 #19
Have you seen this Uncle Joe malaise Jun 2014 #11
"What's to become of me!?" Uncle Joe Jun 2014 #13
"What About Me?" Richie Havens summed it up. Eleanors38 Jun 2014 #28
But this is the course of the action anyway RainDog Jun 2014 #12
I believe you make a good point, RainDog, that's what it seems like to me. Uncle Joe Jun 2014 #14
A curious "reverese" reflection of the D.C. Heller decision... Eleanors38 Jun 2014 #21
so, would the McDonald decision be precedent? n/t RainDog Jun 2014 #22
The precedent, as I read it: No state can restrict the Eleanors38 Jun 2014 #23
"Private Prisons Spend Millions On Lobbying To Put More People In Jail" Uncle Joe Jun 2014 #15
Maybe he has a stash in his living room . . . Jack Rabbit Jun 2014 #17
We can only hope, Jack Rabbit, but I believe he's addicted to powdered Kool Aid, Uncle Joe Jun 2014 #20

malaise

(268,885 posts)
5. You know while all the great Reggae singers lived in Kingston
Wed Jun 25, 2014, 08:05 PM
Jun 2014

they all migrated from country - where indigenous music, blues, rock and roll, negro spirituals and country all influenced the music.


Uncle Joe

(58,342 posts)
7. I hear you, malaise, we're all connected one way or the other through music.
Wed Jun 25, 2014, 08:10 PM
Jun 2014

Artists and musicians across all genres know this.

malaise

(268,885 posts)
8. I have long found that they are the only professionals who celebrate one another
Wed Jun 25, 2014, 08:12 PM
Jun 2014

without the ego trip.

 

Eleanors38

(18,318 posts)
18. Google "Two Faces Have I," Lou Christy (1963) on youtube...
Wed Jun 25, 2014, 10:32 PM
Jun 2014

and hear some crucial pop influences (can't link).

 

Eleanors38

(18,318 posts)
25. I was talking with Joe Nick Patoski several years back...
Thu Jun 26, 2014, 11:53 AM
Jun 2014

(critic, magazine writer, author, and biographer of Willie Nelson) and he said this on the origins of reggae, to paraphrase: They listened to radio stations from Miami, to New Orleans, to the Border, re-arranged it, and sold it back to us.

Twyla Herbert, some 20 yrs. Christie's senior, was his life-long collaborator in writing & arranging his biggest hits. She is playing the piano under the organ in their Three Faces. If that isn't a blue printed sound, I don't know what is.

malaise

(268,885 posts)
26. That's not true
Thu Jun 26, 2014, 12:36 PM
Jun 2014

In reality you have to go back to Ska and Rock Steady both of which preceded Reggae in Jamaica from the 60s.

 

Eleanors38

(18,318 posts)
27. Those music forms did indeed precede reggae...
Thu Jun 26, 2014, 01:02 PM
Jun 2014

But it's stuff like Two Faces which remind everyone that much of reggae comes from a synthesis of American pop sounds as well.

malaise

(268,885 posts)
11. Have you seen this Uncle Joe
Wed Jun 25, 2014, 08:37 PM
Jun 2014
http://www.truth-out.org/opinion/item/24318-a-bitter-harvest-california-marijuana-and-the-new-jim-crow
<snip>
Marijuana is the single largest agricultural commodity in California, and it is the primary vehicle for the war on drugs' racialized arrest and incarceration system, which has our prisons bursting at the seams nationwide. Great numbers of predominantly white men and women grow, harvest and process marijuana in California for distribution throughout the United States. Local law enforcement and the communities they represent - communities whose economies are marijuana-dependent - benefit from letting this part of the illegal process go mostly undetected, while the crackdown happens almost exclusively in poor inner-city neighborhoods of color.

"A Bitter Harvest" follows the eyewitness narrative of Monica Bell, a young farmer in Nevada County, California, who read The New Jim Crow while witnessing the influx of white marijuana workers into her area during the fall harvest season. Bell's candid and perceptive account is complemented by interviews with Michelle Alexander, Stephen Gutwillig (Drug Policy Alliance), and the late Vincent Harding (renowned veteran of the African-American Freedom Movement). Each of these voices help crack open the question of why and how California's marijuana industry is directly tied to the racial injustices of the system of mass incarceration. The result is a radio documentary that grapples head on with the reality of white privilege in the United States.

Uncle Joe

(58,342 posts)
13. "What's to become of me!?"
Wed Jun 25, 2014, 08:59 PM
Jun 2014



http://www.truth-out.org/opinion/item/24318-a-bitter-harvest-california-marijuana-and-the-new-jim-crow

Michelle Alexander: And this young man comes into my office; I'm spending my afternoon interviewing one young black man after another who's been stopped, searched - for no apparent reason other than race. He has documented a pattern of stops and searches that he's experienced over a period of nine months, with extraordinary detail. And on top of that, he was a good-looking young man. He was well-spoken and charismatic, and I thought to myself, "This is my dream plaintiff. This is the one we've been waiting for." And so I'm talking to him, getting all excited. Then he says something that has me pause, and I say "Wait, did you just say you're a felon? A drug felon?" And he gets quiet. And I just say, "You know what, I'm sorry we can't represent you if you have a felony." And he says to me, "You're no better than the police! The minute I tell you I'm a felon you just stop listening, you can't even hear what I have to say." He says "What's to become of me? I can't get a job. I'm living in my grandma's basement right now, 'cause nowhere else will take me in. I can't even take care of myself as I man. I can't even get food stamps today. What's to become of me? What's to become . . . " He says, "Good luck trying to find one young black man in my neighborhood they haven't gotten to yet. They've gotten to us already."

(snip)

The US incarcerates human beings at a rate unprecedented in world history, and its primary instrument has been the "war on drugs." Since the drug war began, while crime rates have fluctuated, sometimes up, sometimes down, the rate of incarceration has steadily and steeply climbed. Approximately half a million people are in prison or jail for a drug offense today, as compared to 40 some thousand in 1980. That's an increase of 1100 percent. Since the drug war began, over 31 million people have been arrested for drug offenses.

(snip)

But, as the color of drug criminality became defined as black and brown, the prison boom that has come hand in hand with the war on drugs has been characterized by an atrocious degree of racial disparity. While the majority of illegal drug users and dealers nationwide are white, three-fourths of all people imprisoned for drug offenses have been black or Latino. In the year 2000, prison admissions for whites was 8 times the number it had been in 1983. But for blacks during the same period, the rate of prison admissions increased by a factor of 26.

One of the principle myths undergirding the drug war is that it is war to root out the most violent offenders. This is simply not the case as the vast majority of arrests have been for simple possession, mostly of marijuana. Across the nation, law enforcement agencies have been financially rewarded with federal dollars in proportion to the sheer numbers they have ushered into the criminal justice system. And the crackdown has occurred almost exclusively in poor communities of color, where literally millions of individuals have suffered, both in prison and upon release with the felon label firmly attached.



The so called War on Drugs is corrupt, immoral, racist, stupid and is rotting our nation from the inside out.

If anything should be illegal it's prisons that profit for incarcerating the American People!

Thanks for the link, malaise.

RainDog

(28,784 posts)
12. But this is the course of the action anyway
Wed Jun 25, 2014, 08:48 PM
Jun 2014

Congress rarely tries to interfere - though they did with medical marijuana for a decade, by also refusing to fund that legislation.

What I want to know is, since Congress will have allowed D.C. to decriminalize marijuana, does this reality constitute unequal protection under the law.... i.e. Federal legislators are responsible for D.C. law by the way the Constitution works out D.C. non-statehood, so any law is approved by Congress.

They are subjecting the rest of the nation to federal law that criminalizes marijuana, however, so this is a violation of the 14th amendment's equal protection clause.

Or so one lawyer has claimed.

I'm looking forward to a lawsuit if Congress doesn't act on its own to address federal level criminalization.

But the current legislative examination of the scheduling of marijuana may be part of this, as a longer term issue.

Uncle Joe

(58,342 posts)
14. I believe you make a good point, RainDog, that's what it seems like to me.
Wed Jun 25, 2014, 09:04 PM
Jun 2014


What I want to know is, since Congress will have allowed D.C. to decriminalize marijuana, does this reality constitute unequal protection under the law.... i.e. Federal legislators are responsible for D.C. law by the way the Constitution works out D.C. non-statehood, so any law is approved by Congress.

They are subjecting the rest of the nation to federal law that criminalizes marijuana, however, so this is a violation of the 14th amendment's equal protection clause.




 

Eleanors38

(18,318 posts)
21. A curious "reverese" reflection of the D.C. Heller decision...
Wed Jun 25, 2014, 11:18 PM
Jun 2014

The SCOTUS held D.C.'s gun ban laws were unconstitutional as to the Second, but could not or did not incorporate the Fourteenth as D.C. was not a state. The subsequent McDonald decision did incorporate the 14th with the 2nd as Illinois was and is a state.

The 14th has been given a bad rap due to the Citizens United ruling, but it served as the bulwark for civil rights and legal procedure court cases from the 1950s through the 1970s.

 

Eleanors38

(18,318 posts)
23. The precedent, as I read it: No state can restrict the
Thu Jun 26, 2014, 02:05 AM
Jun 2014

privileges & immunities of a U.S. citizen. It does not prevent a state's exercise of power as long as it doesn't abridge those privileges & immunities as described in the BOR. This dynamic has been seen before. Exp: Gideon said essentially that the state of FL could not (14A) pass laws abridging Gideon's right to "assistance of counsel" (6A). Any abridgement of any right by a state runs afoul of the 14th, as well as the enumerated BOR right. The McDonald ruling is one of several such.

I'm not sure what Congress will do if D.C. has constructed a cantilevered bridge with no gusset plates. But in lieu of action, the question becomes whether or not D.C.'s laws represent the privileges & immunities of all U.S. citizens, esp. With regards equal protection of the law.

Home rule (or not, in D.C.'s case) is a bitch.

This might be a question to throw out at Volokh Conspiracy's site. (It is now with WAPO.) Yeah, it's libertarian, but Heller & McDonald were brought by Cato Institute lawyers; you find your friends where you find them.

On edit: Crudely put, a law regarding pot use & its penalties in D.C. is de facto making some U.S. citizens "more equal than others," and may be a violation of equal protection rights. Ve-l-l-ly intelesting.

Uncle Joe

(58,342 posts)
15. "Private Prisons Spend Millions On Lobbying To Put More People In Jail"
Wed Jun 25, 2014, 09:35 PM
Jun 2014


http://thinkprogress.org/justice/2011/06/23/251363/cca-geogroup-prison-industry/

Yesterday, the Justice Policy Institute (JPI) released a report chronicling the political strategies of private prison companies “working to make money through harsh policies and longer sentences.” The report’s authors note that while the total number of people in prison increased less than 16 percent, the number of people held in private federal and state facilities increased by 120 and 33 percent, correspondingly. Government spending on corrections has soared since 1997 by 72 percent, up to $74 billion in 2007. And the private prison industry has raked in tremendous profits. Last year the two largest private prison companies — Corrections Corporation of America (CCA) and GEO Group — made over $2.9 billion in revenue

JPI claims the private industry hasn’t merely responded to the nation’s incarceration woes, it has actively sought to create the market conditions (ie. more prisoners) necessary to expand its business.

According to JPI, the private prison industry uses three strategies to influence public policy: lobbying, direct campaign contributions, and networking. The three main companies have contributed $835,514 to federal candidates and over $6 million to state politicians. They have also spent hundreds of thousands of dollars on direct lobbying efforts. CCA has spent over $900,000 on federal lobbying and GEO spent anywhere from $120,000 to $199,992 in Florida alone during a short three-month span this year. Meanwhile, “the relationship between government officials and private prison companies has been part of the fabric of the industry from the start,” notes the report. The cofounder of CCA himself used to be the chairman of the Tennessee Republican Party.

(snip)

Tracy Velázquez, executive director of JPI recommends that we “take a hard look at what the cost of this influence is, both to taxpayers and to the community as a whole, in terms of the policies being lobbied for and the outcomes for people put in private prisons.”



If you think the for profit prison industry is only interested in incarcerating the "others;" black, brown or whatever, you will have another think coming, ultimately just as is the case with their bought and paid for politicians, the only color they care about is green.

First they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.

Jack Rabbit

(45,984 posts)
17. Maybe he has a stash in his living room . . .
Wed Jun 25, 2014, 10:31 PM
Jun 2014

Now, we wouldn't want the fuzz to find the Congressman's stash, would we?

Uncle Joe

(58,342 posts)
20. We can only hope, Jack Rabbit, but I believe he's addicted to powdered Kool Aid,
Wed Jun 25, 2014, 10:51 PM
Jun 2014

no water to mix it with either, just a straw.

Latest Discussions»General Discussion»Did Rep. Andy Harris inad...