CVIndependent

Tue07252017

Last updateFri, 16 Sep 2016 12pm

No, Jefferson. Let it go …

Our evil elf of a U.S attorney general is whining about pot again, this time in a letter asking Congress not to renew the Rohrabacher-Farr amendment.

The Rohrabacher-Farr amendment, which became law in December of 2014, prohibits the Department of Justice from spending any federal funds to interfere with state medical cannabis laws. It must be renewed each year—and Sessions is requesting it not be renewed this time around.

“I believe it would be unwise for Congress to restrict the discretion of the department to fund particular prosecutions, particularly in the midst of an historic drug epidemic and potentially long-term uptick in violent crime. The department must be in a position to use all laws available to combat the transnational drug organizations and dangerous drug traffickers who threaten American lives,” Sessions wrote in the letter, first made public by Tom Angell of MassRoots.com.

This comes at a time when an overwhelming majority of Americans (including 65 percent of police officers!) are in favor of some form of legalization, and more and more states are starting to legalize marijuana for recreational use.

One of the law’s namesakes expressed annoyance with Sessions’ letter.

“Mr. Sessions stands athwart an overwhelming majority of Americans and even, sadly, against veterans and other suffering Americans who we now know conclusively are helped dramatically by medical marijuana.” said Rep. Dana Rohrabacher, a Republican who represents parts of Orange County, in a statement to the Washington Post.

Opioids are at the center of the worst drug epidemic facing Americans today—while marijuana is decidedly not. However, to Sessions, there is virtually no difference between opioids and marijuana, considering he recently described pot as just “slightly less awful” than heroin. Of course, the American Journal of Public Health published a study in September 2016 citing evidence that opioid use is lower in states with legal medical marijuana, but what do they know with their “statistics?” Pesky facts …

The DOJ actually challenged the amendment under President Obama, but it was upheld by the 9th U.S. Circuit Court of Appeals. This ruling leaves it up to Congress to decide whether to remove Rohrabacher-Farr from the yearly appropriations bill—but the amendment has received strong bipartisan support ever since it became law. Conventional wisdom dictates that Congress would be reluctant to go against the clear will of the people, but how often does conventional wisdom come into play in Washington, D.C., these days?

California is having none of this nonsense, and is making moves to become the first sanctuary state for cannabis. In anticipation of a legal showdown with Sessions’ DOJ, the State Assembly passed AB 1578 on June 1; the bill would prohibit state and local law enforcement from helping the feds enforce federal prohibitions against those adhering to California state law. The bill by Assemblyman Reggie Jones-Sawyer, a Los Angeles Democrat, passed in a close 41-33 vote.

The measure faces stiff opposition by law enforcement and Republicans, for reasons ranging from interference in federal and local interagency cooperation regarding other crimes, to claims that it violates federal law.

“The hubris of California Democrats believing they can flout federal law on immigration and drug policy is beyond words,” said Assemblyman Travis Allen (R-Huntington Beach) during the floor debate.

Jones-Sawyer’s retort: “AB 1578 ensures that our limited local and state resources are not spent on federal marijuana enforcement against individuals and entities that are in compliance with our laws.”

Rep. Rob Bonta (D-Alameda), a co-author of the bill, said: “People who are compliant with California law and operate within the legal cannabis market should not have to fear that a state or local agency will participate in efforts to punish or incarcerate them for activity that the state and its voters have deemed legal,” according to a Los Angeles Times report.

The Tenth Amendment Center, a constitutional-law and states’ rights advocacy group, claims there is solid legal standing for the measure. “Provisions withdrawing state and local enforcement of federal law in AB 1578 rest on a well-established legal principle known as the anti-commandeering doctrine. Simply put, the federal government cannot force states to help implement or enforce any federal act or program,” founder Michael Boldin said in a post on the group’s website.

Jones-Sawyer said the bill could be edited to make it clear that cooperation in moving against illegal operations according to state law could continue. A Newsweek report estimated that 1,400 dispensaries are operating illegally in Los Angeles alone, and Jones-Sawyer would like those businesses shuttered, while protecting those adhering to local and state law.

The bill faces an uncertain future as it moves to the State Senate.


MEANWHILE, HERE IN THE VALLEY…

The City Council of Cathedral City recently passed a moratorium on new dispensaries south of Interstate 10.

The city of 53,000 has 10 licensed dispensaries operating, with another opening soon—that’s around 4,800 residents per dispensary. By comparison, Palm Springs has six dispensaries servicing 44,552 residents (or 7,452 residents per dispensary). The move is designed to help ensure the continued success of existing dispensaries in what is a comparatively saturated market.

Cathedral City dispensaries may also see fewer customers in the future, as Palm Desert and Coachella are slowly moving toward allowing retail cannabis businesses.

The measure passed 3-2, with Greg Pettis and Shelley Kaplan opposing.

Published in Cannabis in the CV

The California Department of Public Health has issued proposed rules for the cannabis industry in anticipation of the Proposition 64 provisions that will take effect next year.

Voters legalized the adult use of marijuana via Prop 64 last year.

The proposed rules require applicants who wish to grow, transport or sell marijuana for medical use to get a license from the state’s Bureau of Medical Cannabis Regulation, and pass a background check. People who transport marijuana between farms and dispensaries would be prohibited from owning said marijuana, and must be at least 21.

The rules establish a track-and-trace system that would monitor cannabis products through the supply chain. Individual plants would be tracked from seeds and buds to processing facilities. Dispensaries would no longer be able to package products in-house or be allowed to give out free samples. Delivery service would be an option if abiding by strict rules—governing everything from volume to the types of vehicles used.

One proposed rule that will surely meet with opposition from the industry is a provision that edibles have no more than 10 milligrams of THC per serving, and no more than 100 milligrams of THC in the total package. There currently is no such limit, and some companies are specializing in ultra-potent edibles; consumers are eating them up. Many would argue that this per-serving limit is impractically small, especially for those with medical needs for higher doses. These complaints, however, will most likely lead to no changes in the rules. Colorado and Washington both limit edibles to 10 mg per serving and 100 mg per package.

Other proposed rules include:

• Packaging must not appeal to children.

• Cannabis may not be infused into alcohol, nicotine or caffeine products.

• Dispensary hours of operation will be limited to the hours between 6 a.m. and 9 p.m.

• 42 percent of electricity for indoor commercial cultivation must come from renewable sources.

• Concentrated products like extracts and tinctures could contain up to 1,000 milligrams per package.

• All cannabis business would need to be at least 600 feet away from schools.

• All products would be required to leave sales points in child-resistant containers.

• Cannabis farms would be limited to 4 acres.

• Licenses for veterans and cannabis businesses in good standing as of Jan. 1, 2016, would receive priority consideration.

Tuesday, June 13, is the last day for the public to submit written comments. More information can be found at cannabis.ca.gov.


California AG Ready to Fight for Cannabis in Jeff Sessions’ Drug War

Attorney General Jeff Sessions issued a memo to federal prosecutors calling on them to push for prosecution of the most-serious charges possible in drug cases—especially those with mandatory minimum sentences.

Vanita Gupta, the former head of the U.S. Justice Department’s Civil Rights Division, told Yahoo! News that the memo was a “resounding step backwards into the 1980s of failed policies in our criminal justice system that resulted in us having the highest incarceration rate of industrialized nations in the world. It’s a real throwback in a lot of ways, and very troubling.”

Former Attorney General Eric Holder was unrestrained in his contempt for Sessions’ new directive. “The policy announced today is not tough on crime. It is dumb on crime. It is an ideologically motivated, cookie-cutter approach that has only been proven to generate unfairly long sentences that are often applied indiscriminately and do little to achieve long-term public safety,” Holder said in a statement.

Sessions has repeatedly claimed that drug use—including cannabis—is behind a violent crime epidemic sweeping the nation. (For the record, crime rates nationwide remain dramatically lower than they were in the ’80s and ’90s.)

Congress has already limited Sessions’ ability to extend his renewed drug war to legal weed, and has denied federal funding of any efforts to prosecute cannabis businesses that are legal according to state laws, thanks to a rider to the Consolidated Appropriations Act of 2017. Section 537 states: “None of the funds made available in this Act to the Department of Justice may be used” with respect to states with legal medical weed “to prevent any of them from implementing their own laws that authorize the use, distribution, possession or cultivation of medical marijuana.”

However, President Trump has the industry and its proponents worried a bit by his signing statement attached to the bill. Among the points of disagreement highlighted by the president was the provision that prohibits the feds from interfering with state-legal medical-marijuana programs. While signing statements are not policy, some worry it could signal future changes in policy where federal enforcement is concerned. This budget bill will be in effect through Sept. 30.

In an interview with Politico California, state Attorney General Xavier Becerra indicated that California is unwilling to yield on its marijuana laws, and would not back down from a battle in the face of a federal crackdown.

“I would love to see Jeff Sessions come to California and tell us we’re not going to move forward on cannabis. Something tells me that it’s not gonna happen,” Becerra said. “I’ll probably be the 1 millionth person in line to fight Jeff Sessions on that.”

He continued: “Cannabis is last century’s argument. We’re beyond that.”

Published in Cannabis in the CV

FBI Director James Comey was speaking to federal agents when news of his firing flashed across the television behind him.

The regime blamed new Deputy Attorney General Rod Rosenstein and cited Comey’s treatment of the Clinton email investigation—as if daring us to pretend they are telling the truth.


More than 200 people arrested en masse on Inauguration Day are now facing decades in jail. Authorities issued search warrants and slapped others, like Dylan Petrohilos, with conspiracy charges after the fact. “Prosecuting people based on participation in a public protest,” Petrohilos said, “seems like something that would happen in an authoritarian society.”


Attorney General Jeff Sessions recused himself from anything having to do with the investigation into Russian collusion with the Trump campaign after he was caught lying to the Senate about his meetings with Sergey Kislyak, a Russian ambassador widely considered to be a spy. But Sessions still wrote a letter recommending Comey’s canning. He is also involved in hiring the new FBI director, who will be expected to lead the investigation of the Trump campaign.


Trey Gowdy, the South Carolina congressman best known for heading up the endless Benghazi hearings, has been floated as a candidate for FBI chief.

If you can’t get Rudy Giuliani or Joe Arpaio, Gowdy is perfect. Not only did he direct the 11-hour grilling of the ever-hated Hillary, but when the House Intelligence Committee questioned Comey in March, Gowdy demonstrated no interest in finding out how Russia had influenced the election. He was, however, quite interested in prosecuting journalists who publish leaked materials.


The rest of the Republicans, meanwhile, have been busy stripping healthcare from people with pre-existing conditions.

When Dan Heyman, a reporter in West Virginia, repeatedly asked Health and Human Services Secretary Tom Price if domestic violence would count as a pre-existing condition, he was arrested. He faces up to six months in jail for disrupting the work of government. Price commended the police on the arrest.


Desiree Fairooz, an activist with Code Pink, was found guilty of disorderly and disruptive conduct and parading or demonstrating on Capitol grounds—for laughing when Sen. Richard Shelby, a Republican from Alabama, said that Sessions’ record of “treating all Americans equally under the law is clear and well-documented.”

Sessions sent a memo ordering federal prosecutors to seek the stiffest possible penalties in all of their cases, reversing an Obama-era policy that steered away from “enhanced” penalties and mandatory minimums for minor or nonviolent drug crimes.


Former acting Attorney General Sally Yates was fired when she refused to enforce Trump’s Muslim ban. She was supposed to testify to the House Intelligence Committee about Russia back before its chair, Devin Nunes, flipped out and jumped out of an Uber at midnight to go to a mysterious White House meeting. Finally, Sen. Lindsey Graham, no fan of Trump or Russia, called her to testify before the Senate, where she said that she had warned the Trump team that then-National Security Advisor Mike Flynn had been compromised by Russia—a whole 18 days before he was fired. During that time, Flynn sat in on a call with Putin.


Back in July, a week before Trump asked the Russians to hack Hillary Clinton’s emails, he gave out Lindsey Graham’s phone number and told his supporters to call the senator.

Graham later recorded a video called “How to Destroy Your Cell Phone With Sen. Lindsey Graham,” where he chops, stabs, sets fire to, blends, toasts, bats and drops bricks on his phone.

But now it seems like the punch line is the fact Graham was using a Samsung flip phone—maybe digital illiteracy saved him from being hacked.


While dismissing concerns about Russia, Trump created a “Presidential Advisory Commission on Election Integrity” to investigate virtually non-existent voter fraud, putting the presidential seal on his false claims that illegal voters cost him the popular vote.

Again, he dares us to believe him.


Shortly after Comey’s firing, the initial story of Rosenstein’s concern over the treatment of Clinton started to fall apart, and it soon became clear Trump himself had initiated the action. But Trump’s story about the decision continues to change. Now Comey is a “showboat,” says the preening reality star.

When you lie constantly, it is no longer a problem to be caught in a lie. “Maybe the best thing to do would be to cancel all future ‘press briefings’ and hand out written responses for the sake of accuracy???” Trump tweeted when the press asked about the contradictory stories.


The day after Comey got canned, Trump met with Sergey Kislyak, the same ambassador both Flynn and Sessions lied about meeting with.

The U.S. press was kept out of the meeting, but Russian state media covered it and sent out pictures of Trump and Kislyak shaking hands—with big, arrogant smiles, on the faces of men who could have been celebrating something.

Later, Press Secretary Sean Spicer hid from reporters in the dark, between two bushes.


Trump and Secretary of State Rex Tillerson, another cabinet member with long-term business ties to Russia, also met with Russian Foreign Minister Sergey Lavrov—at Putin’s request.

When a reporter asked about the firing of Comey, Lavrov laughed.

“Was he fired? You’re kidding,” Lavrov said sarcastically as Tillerson stood by. Then the two men left the room without answering any further questions.

Later, a reporter asked Putin about Comey. He was wearing a hockey uniform in a tunnel that created an icon-like halo around his head on the television screen.

Putin, too, said the question was funny.

“President Trump is acting in accordance with his competence and in accordance with his law and Constitution,” Putin said. “You see, I am going to play hockey with the hockey fans. And I invite you to do the same.”

The team was made up of world-class athletes. Putin scored six goals.


Later, the administration claimed Russia tricked them into the state-media photo op. Donald Trump recently called himself a “nationalist and a globalist.” Since contradiction doesn’t seem to bother him, perhaps he is also a weak strongman.

Democracy in Crisis is a joint project of alternative newspapers around the country, including the Coachella Valley Independent. Baynard Woods is editor at large at the Baltimore City Paper. His work has also appeared in The Guardian, The New York Times, the Washington Post, Vox, Salon, McSweeney’s, Virginia Quarterly Review and many other publications. Send tips to This email address is being protected from spambots. You need JavaScript enabled to view it.. Twitter @demoincrisis. Podcast every Thursday at www.democracyincrisis.com.

Published in Politics

On March 15, Attorney General Jeff Sessions, while addressing a law enforcement conference in Richmond, Va., said: “I realize this may be an unfashionable belief in a time of growing tolerance of drug use, but too many lives are at stake to worry about being fashionable. I reject the idea that America will be a better place if marijuana is sold in every corner store, and I am astonished to hear people suggest that we can solve our heroin crisis by legalizing marijuana—so people can trade one life-wrecking dependency for another that’s only slightly less awful.”

Yes, the attorney general of the United States just said marijuana is “only slightly less awful” than heroin.

This isn’t a question of being “unfashionable,” but of the AG being factually wrong about the effects of two very different drugs. While some cannabis industry and advocacy groups have forced a smile and tried to paint a green-tinted picture of states’ rights, Trump likes medical cannabis, it’ll all be OK, yadda yadda yadda, how can we not see a difficult future ahead for cannabis when America’s top cop is so glaringly ignorant in his crusade against it?

“With over 600,000 arrests a year, the only thing life-wrecking about marijuana is its prohibition,” said Erik Altieri, NORML’s executive director, in a statement the day of Sessions’ speech.

Sessions spoke with reporters after his speech in Richmond.

“I think medical marijuana has been hyped, maybe too much,” Sessions said, according to various media sources. “Dosages can be constructed in a way that might be beneficial, I acknowledge that, but if you smoke marijuana, for example, where you have no idea how much THC you’re getting, it’s probably not a good way to administer a medicinal amount. So forgive me if I’m a bit dubious about that.”

Steph Sherer, executive director of Americans for Safe Access, countered Sessions’ remarks in a statement issued the same day.

“Statements like these from the Attorney General are factually inaccurate,” Sherer said. “In January, the National Academies of Sciences, Medicine, and Engineering released a report that reviewed over 10,000 research articles, which states there is conclusive, moderate, and substantial evidence for benefits of cannabis in several conditions. Sessions needs to stop spreading unfounded, unscientific theories about medical marijuana and take the time to actually meet the millions of Americans that are benefitting from its use before making comments about it being over-hyped.”

President Trump said he was “100 percent” in favor of medical marijuana during the campaign. But White House press secretary Sean Spicer recently clarified that the president sees a “big difference” between medical and recreational use.

As we’ve seen in the days since the inauguration, things are moving fast on all fronts in the Trump era. Those wishing to preserve and even further legalization must not be reactionary in their activism. There is too much at stake to take a wait-and-see position.

One productive way to be proactive in the defense and progress of legalization is to participate in and support the organizations that have been fighting this battle for decades—and will be on the front lines in the coming years.

National Organization for the Reform of Marijuana Laws

norml.org

Keith Stroup was smoking with Ralph Nader’s legal team in 1970 when someone suggested he ask Hugh Hefner’s Playboy Foundation for a grant to fund his fledgling pro-pot organization. Hefner approved a grant of $5,000, and NORML was born. By the mid-1970s, Hef was donating $100,000 a year to NORML. It was this support that helped make NORML the premier pro-pot organization.

NORML now boasts 135 chapters and a network of more than 500 lawyers. With legalization becoming more of a reality, NORML has edited its mission to “move public opinion sufficiently to legalize the responsible use of marijuana by adults, and to serve as an advocate for consumers to assure they have access to high quality marijuana that is safe, convenient and affordable.”

Americans for Safe Access

www.safeaccessnow.org

The ASA is a medical marijuana advocacy group founded in 2002 by medi-pot patient Steph Sherer. The mission is “to ensure safe and legal access to cannabis (marijuana) for therapeutic use and research.”

ASA is the largest national member-based organization of medical professionals, patients and scientists promoting medical use and research, with more than 100,000 active members in all 50 states.

Brownie Mary Democratic Club of Riverside County

www.browniemaryclub.org

If you’re looking for a way to get involved locally, stay informed on the latest developments, and meet like-minded individuals, check out the Brownie Mary Democratic Club of Riverside County. Founded by activist Lanny Swerdlow, it is believed to be the first political-party-affiliated cannabis advocacy group in California. It is named for Mary Jane Rathbun, who got the nickname “Brownie Mary” for illegally baking and distributing cannabis brownies to AIDS patients while volunteering at San Francisco General Hospital.

Meetings are held the first Saturday of every month at 11:30 a.m. at Crystal Fantasy, 268 N. Palm Canyon Drive, in Palm Springs.

Marijuana Policy Project

mpp.org

Founded in 1995, the MPP deals with lobbying and ballot initiatives. The MPP PAC, founded in 2003, donates to key congressional candidates. The mission is to affect federal law, to allow states enact to their own marijuana policies without federal interference, and to regulate marijuana like alcohol nationwide. In terms of budget, members and staff, the Marijuana Policy Project is the largest national organization working specifically on marijuana policy reform.

Drug Policy Alliance

www.drugpolicy.org

The DPA takes an active role in the legislative process, and its goals include rolling back the excessive laws of the War on Drugs, blocking harmful initiatives, and pushing for sensible drug-policy reforms.

Considering the mixed (or worse) signals we’re getting from the current administration, it is clear that the fight for legalization and acceptance is far from over. We must not rest on recent victories. We must remain vigilant, and we must let our representatives know that we support the legalization of cannabis. When the will of the people is ignored in favor of a self-righteous crusade with no base in science or democracy, we must resist. Joining, supporting, and participating in these organizations shows that we are unified—and that we are not going anywhere.

Published in Cannabis in the CV

The far, far right started freaking out when “lock her up”-chanting former Gen. Michael Flynn resigned as national security adviser in the wake of revelations that he discussed loosening sanctions with a Russian ambassador while Obama was still president.

Mike Cernovich, one of those DeploraBallers whom others on the far right sometimes like to call a cuck, started the hysteria almost immediately after the announcement, tweeting: “The coup is on, Flynn resigned. Bannon, Kellyanne, and Miller next on the chopping block.”

A few minutes later, far, far right cop-worshipper John Cardillo also used the C word: “Flynn was the first casualty in Reince and the establishment’s palace coup.” He followed with a direct appeal to Trump: “You have traitors within. Do not let them conspire with the MSM to remove your circle of loyalists.”

Cernovich agreed that Flynn’s resignation was a “HUGE win for fake news.”

These guys are extremists, but they are smart enough to know the only strategy for Trump is to deny reality and all other sources of truth. The corruption, impropriety and legally dubious dealings of the regime seem so widespread that the admission that one thing is wrong could lead quickly to the revelation that everything is wrong.

Breitbart, meanwhile, was doing its best to ignore Flynn’s resignation, proving, perhaps, the old conservative point about the inefficiency of government workers, not tweeting about it at all until 9:30 a.m. the next morning. State news moves slow.

It is premature to rejoice about any of this, because the Trump propaganda machine has been wildly effective at erasing reality so far—and when Trump dumped Paul Manafort because of his Russian ties, the dirt just seemed to disappear. But the questions of, “What did the president know, and when?” may still prove powerful in Washington, D.C.


THE INTELLECTUAL GODFATHER

Senators shuffle by the desk to cast their votes on the confirmation of Betsy DeVos as secretary of education, chattering like kids returning from summer break to find that everything has changed. Somehow, even the victors seem confused. None of them really expected the world to look like this.

Except, maybe, Sen. Jeff Sessions. He is standing toward the front of the Senate chambers, his hands behind his back, at ease. There is a grin on his face. He has just cast what will be his final vote as senator—to confirm DeVos.

Though he is not attorney general yet, he was instrumental in planning the flurry of authoritarian executive orders marking Trump’s first weeks in office, including the now-contested Muslim ban. Sessions wanted to go even harder, hoping for a “shock and awe” approach, overwhelming the opposition with the dramatic pace of change.

In a Washington Post story that called Sessions the “intellectual godfather” of “Trump’s hard-line actions,” the director of a conservative immigration think tank compared the Republican senator to a “guerrilla in the hinterlands preparing for the next hopeless assault on the government” who suddenly learns that “the capital has fallen.”

With his dark suit, white hair and wrinkled white peach of a face, Sessions does not look like he’s spent much time training in the jungle.

He walks slowly to his seat. Sitting down, he bows his head. His eyes seem to be closed, as if praying. He brings the tips of his fingers together, facing upward, on his lap.

A few moments later, he takes out a silver object and holds it gingerly between the first two fingers and thumbs of each hand, almost as if unwrapping foil on a stick of gum. But it doesn’t seem to be gum—it’s impossible to tell what it is from the press gallery above the Senate floor—and he does not unwrap it, he just fingers it, his head bowed.

Then the vote is called. He puts away the silver object. It is 50-50.

As expected, Vice President Mike Pence confirms DeVos with a historic tie-breaking vote. It is a huge blow to anyone who cares about competency, public education or ethics in government. The Democrats spent the last 24 hours complaining about all of these issues, but that doesn’t matter now. They have no control. The whole process demonstrated that the new regime can do as it wishes on the Hill.

Across the room, Sen. Al Franken acts like he is charging someone with a podium, making a clear reference to Melissa McCarthy’s Saturday Night Live skit satirizing Sean Spicer, the president’s press secretary.

Sens. John McCain and Lindsey Graham sit beside each other talking quietly, as if conspiring or gossiping. McCain says something and sucks his bottom lip. Graham scans the room from left to right.

Sessions gets up and looks around the room again before he heads toward the door.

When he returns to the Senate later that day, Sessions is the nominee under consideration. He sits behind Majority Leader Mitch McConnell while Sen. Elizabeth Warren quotes the late Sen. Ted Kennedy, who called Sessions a “disgrace to the Justice Department” during a 1986 confirmation hearing, when Sessions was denied a federal judgeship because of allegations of racism. Now Warren reads from a letter that Coretta Scott King, the widow of Martin Luther King, Jr., sent to the Senate during that same failed confirmation.

“Mr. President, Mr. President,” McConnell interrupts, defending Sessions. “The senator has impugned the motives and conduct of our colleague from Alabama, as warned by the chair. Senator Warren said, ‘Mr. Sessions has used the awesome power of his office to chill the free exercise of the vote by black citizens in the district he now seeks to serve as a federal judge.’

“I call the senator to order under the provisions of Rule 19,” McConnell says.

The crazy thing about Rule 19, in this context, is that it was created in 1902, after Sen. “Pitchfork Ben” Tillman, a notorious white terrorist, beat up a colleague who had defected to the other side of a debate. Tillman founded a group called the Red Shirts, which terrorized African Americans as Reconstruction bled into Jim Crow. He was an early mentor of white supremacist Strom Thurmond, who, as the chair of the Senate’s Judiciary Committee, was the guy who both smashed Sessions’ hopes of becoming a federal judge and the guy who kept King’s 1986 letter out of the Senate record. When Warren read the letter, she was correcting Thurmond’s 30-year-old error.

So it is grimly fitting that McConnell, who has learned to manipulate the Senate in order to grab control of the judiciary for his party, cites Rule 19 to defend Jeff Sessions, the old-school law-and-order white supremacist who stuck around long enough to make it mainstream again.

During the exchange (in which McConnell now famously uttered the iconic sentences: “She was warned. She was given an explanation. Nevertheless, she persisted”), Sessions picks his nose, rubbing it with a handkerchief, making sure he gets it all, blowing again.

Nearly 24 hours later, McConnell uses the last few minutes of debate to offer a cornpone encomium to his departing colleague, calling Sessions a “true Southern gentleman,” like that’s an unquestionably good thing, eliding the difficult history connecting Sessions’ home state and the fight for civil rights.

Later, Pence swears in Sessions, who cites a “dangerous permanent trend” of increasing crime and pledges to end “lawlessness.”

Like Sessions, Trump regularly exaggerates the increase in violent crime. He uses the occasion of Sessions’ swearing in to sign three executive orders that further empower the already vast police state, now overseen by Sessions.

Neither man mentions the epidemic of African Americans shot and killed by police.

“A new era of justice begins, and it begins right now,” Trump says.

Democracy in Crisis is a joint project of alternative newspapers around the country, including the Coachella Valley Independent. Baynard Woods is editor at large at the Baltimore City Paper. His work has also appeared in The Guardian, The New York Times, the Washington Post, Vox, Salon, McSweeney's, Virginia Quarterly Review and many other publications.

Published in National/International

Jeff Sessions has been confirmed as the attorney general along party lines, with no Republicans opposing his appointment and only one Democrat in favor. While this understandably makes the cannabis industry a little jittery, thanks to the prospect of the resumption of federal enforcement efforts, there may be some cause for cautious optimism—at least that’s the message put forth in a statement released by the nation’s largest cannabis policy group, the Marijuana Policy Project.

“We remain cautiously optimistic that the Trump administration will refrain from interfering in state marijuana laws,” said the Feb. 9 statement. “When asked about his plans for marijuana enforcement, Attorney General Sessions said he ‘echo(es)’ the position taken by Loretta Lynch during her confirmation hearings. He repeatedly acknowledged the scarcity of enforcement resources, and he said he would ensure they are used as effectively as possible to stop illicit drugs from being trafficked into the country.

“President Trump has consistently said that states should be able to determine their own marijuana laws, and his spokesperson made it clear that the attorney general will be implementing the Trump agenda. We are hopeful that Mr. Sessions will follow the president’s lead and respect states’ rights on marijuana policy.

“A strong and growing majority of Americans think marijuana should be made legal, and an even stronger majority think(s) the federal government should respect state marijuana laws. Eight states have adopted laws that regulate and tax marijuana for adult use, and 28 states now have laws that regulate marijuana for medical use. It would be shocking if the Trump administration attempted to steamroll the citizens and governments in these states to enforce an increasingly unpopular federal policy.”

The MPP’s view seems to be somewhat optimistic. Sessions’ distaste for legalization is well-documented, and when asked about enforcing the federal ban in states that have legalized weed, he’s said it is not his place to choose which laws to enforce, before adding: “If that’s something that’s not desired any longer, Congress should pass a law to change the rule. It is not much the attorney general’s job to decide what laws to enforce. We should do our job and enforce laws effectively as we are able.” Many took this as an indication that federal enforcement could resume in the absence of action by Congress. However, parts of his oral testimony did indicate that a lack of resources might keep federal enforcement of pot laws in check, and he avoided committing to enforcement in states where marijuana is legal.

On the same day as Sessions’ confirmation, Orange County-area Republican Congressman Dana Rohrabacher reintroduced the Respect State Marijuana Laws Act, H.R. 975. First introduced in April 2013, the Respect State Marijuana Laws Act exempts individuals and entities acting in compliance with state marijuana laws from certain provisions of the Controlled Substances Act. This is the third time Rohrabacher has introduced the bill.

“I happen to believe that the federal government shouldn’t be locking up anyone for making a decision on what he or she should privately consume, whether that person is rich or poor, and we should never be giving people the excuse, especially federal authorities, that they have a right to stop people or intrude into their lives in order to prevent them and prevent others from smoking a weed, consuming something they personally want to consume,” Rohrabacher said during his speech introducing the bill. A solid Trump supporter and devout state’s rights advocate, Rohrabacher added: “My bill would then make sure that federal law is aligned with the states’ (laws), and the people in those states’ desires, so that the residents and businesses wouldn’t have to worry about federal prosecution. For those few states that have thus far maintained a policy of strict prohibition, my bill would change nothing. I think that this is a reasonable compromise that places the primary responsibility of police powers back in the states and the local communities that are most directly affected.”

Not surprisingly, the MPP supports the bill.

“Nine out of 10 Americans now live in states that have rejected federal marijuana prohibition by adopting some sort of marijuana policy reform,” said Robert Capecchi, director of federal policies for the Marijuana Policy Project. “This legislation would ease the tension between state and federal laws to ensure these state-level reforms are successful. It would also help states address the public health and safety priorities shared by state and federal authorities.”

The last time the bill was introduced in 2015, it received neither a hearing nor a vote, so it’s still a big maybe in a GOP-controlled Congress. Therefore, legal-weed proponents have much to fear—and are not taking “maybe” for an answer.

Washington, one of the first states to legalize adult recreational use of cannabis, is leading the resistance against federal interference. State Sen. Reuven Carlyle, a Seattle Democrat, has been involved with shaping Washington state’s cannabis policy since legalization in 2012.

“It is extremely difficult for anyone to pretend we can predict what the Trump administration is going to do,” Carlyle told The News Tribune in Tacoma.

Washington is preparing for the worst with a bill that would prevent local officials from cooperating with the feds in enforcement of marijuana laws that contradict state law. Washington Gov. Jay Inslee said he would do anything he can to sway White House opinion in favor of at least allowing states to continue down their own paths without federal interference.

“I think it would be a really big mistake for them to pick this fight, and I hope it will not occur,” Inslee said in that aforementioned article in The News Tribune.


Cannabis sprouts in Coachella

Del-Gro, the city of Coachella’s first commercial cannabis-cultivation facility, held a groundbreaking ceremony on Thursday, Feb. 9. The facility rents turn-key grow spaces to growers, and will provide cannabis-business support including extract production, financial services, consulting, lab testing and onsite distribution.

“Opening the first cultivation operation in Coachella is an incredible opportunity for us and our partner cultivators”, said Ben Levine, founder and CEO of Del-Gro, in a news release. “We forecast that our operation will ultimately bring in over $100 million in annual revenue for us and the independent growers we work with. But greater than that, we’re thrilled that the residents of Coachella have trusted us to be industry trailblazers in their city.”

All available spaces have been rented, and Del-Gro will be open for business later this year on the property that used to be the home Ajax Auto Wrecking. Del-Gro estimates the facility could produce $3 million in annual tax revenue for the city of Coachella.

Published in Cannabis in the CV

After the November election, 28 states have now legalized marijuana in one way or another. Public opinion has never been stronger in favor of legalization—and this even includes a vast majority of police, according to a new Pew Research Center survey. (More on this in a bit.)

Unfortunately, presumptive Attorney General Jeff Sessions does not agree—and that could pose a serious problem for weed.

Of course, we know Sessions’ views on racial matters have been troubling, at best, over the years. A black assistant U.S. attorney named Thomas Figures once testified that, in addition to calling him “boy” on several occasions, Sessions thought Ku Klux Klan members were “OK, until (he learned) that they smoked marijuana.”

Let that sink in: The probable head of the Department of Justice once said the only problem he has with the KKK is that they smoke weed.

While it’s debatable whether Sessions’ views on race issues have improved over the years, it seems clear that Sessions remains firmly in the anti-marijuana camp.

"I think one obvious concern is that the United States Congress made the possession of marijuana in every state and the distribution of it an illegal act," Sessions said during his confirmation hearings. “If that's something that's not desired any longer, Congress should pass a law to change the rule. It is not much the attorney general's job to decide what laws to enforce. We should do our job and enforce laws effectively as we are able."

Seems like a pretty innocuous answer at first … but just what does "enforce laws effectively as we are able" mean? Many are taking this as an indication that he will enforce the federal ban until federal laws say otherwise.

This means the good done by the Cole memo may be in jeopardy. The Cole memo, the key Obama-era concession to state-legalization laws, was authored by then-Deputy Attorney General James Cole and issued by the DOJ on Aug. 29, 2013. It set different priorities for federal prosecutors that dictated a hands-off policy on prosecuting federal cannabis laws where local jurisdictions had legalized and regulated the plant. This effectively ended federal raids and interference in state-legal businesses.

In a quixotic quest to enforce an antiquated and wildly unpopular federal ban, and prop up a beloved-but-lost War on Drugs, Attorney General Sessions would have the power—and apparently the will—to reverse the Cole memo. Federal raids could resume, hamstringing a burgeoning industry. This is serious: Small businessmen could be jailed, with jobs lost and millions of dollars taken from municipal and state coffers. Large-scale grows like those approved in Desert Hot Springs, Coachella and soon Palm Springs would be prime targets. Cannabis businesses would again be subject to asset forfeiture (where authorities can seize property tied to a crime). The Drug Enforcement Administration’s insistence on keeping cannabis in the Schedule 1 club (making funds non-FDIC-insurable) has made investors nervous already. Under threat of asset forfeiture, big investors will quickly head north into Canada’s cannabis-loving arms. Cash-strapped cities like Desert Hot Springs would be left wondering what the hell happened.


OK, SO WE’RE A LITTLE CONFLICTED...

Meanwhile, the opinion of law enforcement at-large is now heavily in favor of legalization.

The day after Congress began the process to confirm Jeff “Good people don’t smoke marijuana” Sessions to the position of Top Cop in the U.S. (and yes, he said exactly that last April), the Pew Research Center released the results of a poll indicating that the majority of American police officers are in favor of some form of legalization.

The survey of 7,917 officers from 54 police and sheriff's departments, conducted from May 19 through Aug. 14, 2016, shows the opinion of Jeff Sessions is completely out of touch with that of the cop on the street.

The really astounding number is that 68 percent of police officers are in favor of legalization for at least medicinal use: 37 percent of officers polled support legalization for medicinal use only, while 32 percent are in favor of both recreational and medicinal legalization. While this isn’t quite as favorable toward cannabis as overall public opinion (49 percent for recreational and medicinal, and 32 percent for medicinal only), it’s a huge shift in a positive direction. Only 30 percent of police officers believe the plant should remain illegal, but that’s double the 15 percent of the general public. As with the public, support for legalization is stronger among younger officers.

This support for weed hasn’t stopped police from enforcing marijuana laws: In 2015, police made more arrests for marijuana possession than for all violent crimes combined.

If Sen. Jeff Sessions is indeed confirmed as attorney general of the United States, he could create a disaster that cripples the growth of an industry expected to triple in the next few years, with the new addition of California and other states to the legal market. He is a just-say-no-era anachronism who is completely out of touch with 21st century America.

All we can do at this point is hope Trump is a single-term president, and that four years isn’t enough time to do too much damage to a legalization movement that is finally finding real success and acceptance after so many decades of marginalization.

Tell the Senate to reject Jeff Sessions as attorney general. Find an online petition here.

Published in Cannabis in the CV

The different reactions to marijuana legalization by Coachella Valley’s cities have been varied … to say the least.

Palm Springs has always been forward-thinking where cannabis is concerned, and Desert Hot Springs, Cathedral City and Coachella are now wisely looking to cash in on the green rush. Meanwhile, Palm Desert and Rancho Mirage are going in the other direction by doing their best to slow access—or ban weed altogether.

Now Indian Wells has enacted the most draconian policies yet in the wake of Proposition 64’s November voter approval.

Indian Wells recently passed an ordinance that requires residents who wish to grow marijuana at home for personal use, as allowed by Prop 64, to register with City Hall for a permit—and pay a $141-per-year fee.

Marijuana activists and legal experts alike are attacking the law as unconstitutional, but that didn’t prevent the City Council from passing the ordinance in a 4-1 vote.

Councilman Ty Peabody abstained. Later, according to The Desert Sun, he commented: “I just don’t believe in marijuana,” citing the continuing federal ban.

(What does that even mean? Has he been under a rock the last couple decades?)

In addition to the yearly fee attached to the permit, Indian Wells residents would be required by law to allow city employees to inspect their homes to determine compliance with state and local laws.

While Prop 64 does allow jurisdictions to enact reasonable regulations on a local level, the Indian Wells’ requirements represent a vast overreach, according to multiple experts on the law. In fact, Paul Armentano, deputy director of the National Organization for the Reform of Marijuana Laws (NORML), said this may the tightest regulation passed in California to date.

“Proposition 64 states: ‘A city, county, or city and county may enact and enforce reasonable regulations to reasonably regulate’ the indoor cultivation of marijuana by adults,” Armentano told the Independent via e-mail. “However, this proposal clearly stretches the idea of what would be considered ‘reasonable.’ We would not expect adults to register with the city or to submit to inspections of their home if they were brewing their own alcohol, and we should not expect adults to give up their civil liberties and privacy rights to engage in indoor marijuana gardening—activity that is now perfectly legal under state law.”

Dale Gieringer, the director of California NORML, also compared home growers of marijuana to home brewers, and questioned the usefulness of such a law.

“We believe the Indian Wells ordinance violates Prop 64,” he said. “Prop 64 authorizes ‘reasonable’ regulations of personal-use cultivation. Why doesn’t it impose the same regulations on indoor growing of all plants, or on home brewing of beer and wine? This is an obnoxious exercise in over-regulation and an affront to personal privacy. Don’t Indian Wells officials have anything better to do?”

“Unconstitutional” and “crazy” are words used to describe the ordinance by attorney and cannabis law expert Omar Figueroa of Sonoma County. In a conversation with The Desert Sun, he cited the 1969 U.S. Supreme Court Case Leary v. United States, which ruled that “self-incrimination” can’t be required by state or local agencies, due to the Fifth Amendment.

“It’s not a constitutionally enforceable law,” he told The Desert Sun. “It would be foolish of them to enforce it.”

Joy Brown Meredith, the founder and president of Joy of Life Wellness Center, Palm Springs’ sixth licensed dispensary, said she’s happy to be located in a less-restrictive Coachella Valley city.

“I’m glad Palm Springs is more progressive than Indian Wells,” she said. “What is the purpose of the permit and all the identification requirements if not to intimidate people to feel uneasy about growing this amazing plant?”

Indian Wells, Rancho Mirage, Palm Desert, Indio and La Quinta have banned dispensaries and cultivation. The city of Coachella allows manufacturing and cultivation in a specific zone of the city, but not dispensaries or delivery.

Rancho Mirage and Indian Wells recently amended their respective bans to include recreational marijuana businesses in the wake of Prop 64.


DEA: CBD and all other cannabis extracts are on Schedule I

Continuing its steady march backward, the Drug Enforcement Administration has lumped all marijuana extracts—including CBD—into marijuana’s Schedule I classification, making every form of the cannabis plant illegal under federal law.

The new code defines extracts as “containing one or more cannabinoids that (have) been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant.”

The DEA says it’s merely a way to keep better track of research and shipments of extracts versus flowers, by assigning extracts their own code. But the new rule states clearly: “For practical purposes, all extracts that contain CBD will also contain at least small amounts of other cannabinoids. … However, if it were possible to produce from the cannabis plant an extract that contained only CBD and no other cannabinoids, such an extract would fall within the new drug code.”

CBD occurs naturally in cannabis, but unlike THC, it doesn’t get the user high. CBD has been successful in the treatment of tumors, epilepsy, chronic pain and many other ailments. To date, CBD has been legalized in 20 states and Washington, D.C., for medicinal use. While these state laws will not be affected by the new code, those laws will now be more specifically in conflict with federal law.

Congress could still act to reschedule CBD and other extracts. The Cannabidiol Research Expansion Act was introduced in the Senate last year to ease research restrictions on CBD, but stalled—despite support from both sides of the aisle.

Currently, the federal government has a laissez-faire stance regarding state cannabis laws; in other words, the feds are letting states call the shots for their citizens. However, considering the anti-pot crusaders prevalent in the incoming Trump administration—including Vice President-elect Mike Pence and attorney general pick Ken “good people don’t smoke marijuana” Sessions—one must wonder how long that attitude will last.

Published in Cannabis in the CV