RICHMOND, Va. -- As Virginia's General Assembly debates legalizing marijuana, a House panel met this weekend to fine-tune the bill and include racial-equity policies.
After decriminalizing marijuana last year, lawmakers have introduced House Bill 2312 to regulate a potential billion-dollar industry.
Del. Lashrecse Aird, D-Chesterfield, said the committee discussed creating a public-education program for responsible recreational use and curbing possible monopolies.
But most importantly, she pointed out, it would ensure entrepreneurs of color get equal access to entry into the once-illegal industry that penalized them disproportionately for minor marijuana offenses.
"When we talk about how many people have been impacted from the war on drugs, we strongly believe that this version is a balanced approach to not only trying to promote the competitive nature of this industry, but to do so in a way that centers social equity," Aird explained.
From 2010 to 2019, research shows Black Virginians were arrested for marijuana possession 3 1/2 times more than whites, with conviction rates almost four times higher.
The bill would allow people age 21 and older to sell marijuana beginning in 2023, and is now headed to the House Appropriations Committee.
Virginia lawmakers approved medical marijuana use in 2017.
Ngiste Abebe, director of public policy for Columbia Care, a medical marijuana company based in Richmond, attended this weekend's meeting.
She noted it's difficult to run and sustain a cannabis business given high taxes and operational expenses, and urged lawmakers to establish a fair playing field for all to succeed.
"You have, at the federal level, an effective tax rate of 76%," Abebe stressed. "And so, what you end up seeing is social-equity businesses three, four, five years down the line, looking to sell licenses because they can't keep it up, and they can't access the capital they need in order to continue in this business."
Gov. Ralph Northam backs House Bill 2312, which would make possession of one ounce or less of cannabis a civil penalty with a $25 fine.
In a 2019 poll, 61% of Virginians said they support legalizing possession of small amounts of marijuana.
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Advocates of criminal-justice reform warn the passage of Proposition 36 will mean a sharp reduction in funds to anti-crime initiatives. The measure raises the penalties for certain drug and theft crimes, making more of them felonies that carry jail time.
Will Matthews, a spokesperson for Californians for Safety and Justice, a nonprofit public-safety advocacy organization, said voters were fed false promises that Prop. 36 would reduce property crime by forcing more people to choose between treatment and incarceration.
"It really was a disingenuous initiative that now will result in billions of dollars being diverted away from treating addiction, treating mental illness, and helping folks coming home from a period of incarceration," he said.
Prop. 36 repeals parts of Proposition 47, which funneled the savings from reduced prison costs into programs designed to combat poverty and addiction - the root causes of crime.
Christopher Hallenbrook, a political science professor with Cal State Dominguez Hills, agrees that Prop 36 will cost the state hundreds of millions of dollars, money he says will be diverted from anti-crime initiatives.
"There's no way you can pass '36' and not put more people in jail. The more money you're spending on incarceration, the less money you're spending on other things," Hallenbrook stated. "That is definitely an accurate assessment for Prop. 36 and it seems to be one that voters decided they were OK with."
Prop. 36 was largely funded by such retail giants as Home Depot, Target and Walmart, hoping that the prospect of higher penalties would deter retail crime.
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Loretta Rush, Chief Justice of the Indiana Supreme Court, has released the 2023-24 annual report for the state's courts.
The report shows Indiana's judicial system is taking big steps to tackle the mental health crisis. The Supreme Court recently launched the Office of Behavioral Health and hired Brittany Kelly as its behavioral health specialist, making Indiana the tenth state in the country to embed a mental health professional within its judiciary.
"She's off and running. She's had hundreds of inquiries from around the state. She's meeting with judges," Rush outlined. "She's helping with things like competency evaluations, access to Medicaid, how do I get somebody who's going through dementia through the court system?"
Rush pointed out Kelly will help the courts manage the mental health and substance use issues flooding Indiana's courtrooms daily. The latest report shows more than 1 million cases passed through the courts this past fiscal year, including almost 20,000 involuntary mental health hearings and a sharp rise in protective orders for domestic violence.
Rush highlighted the strain on local courts, noting about 70% of people in jail have behavioral health issues.
"How do we make sure we have diversion programs in place? How do we make sure that the services we're ordering for people to do are the right services?" Rush asked. "We've done a lot at the national level with regard to substance abuse and mental health, realizing programs that are working."
The judiciary is working with state agencies to reform policies and address the impact of mental health issues on the system. Kelly has training in both social work and law, and helps judges connect with treatment resources to get people the support they need and keep them out of jail.
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Survivors of crime are speaking out against Proposition 36, which goes before California voters in November.
The ballot measure would increase penalties for some theft and drug crimes - and undo parts of Proposition 47, which took savings from decreased incarceration and put the money into harm-reduction programs.
Tinisch Hollins, executive director of Californians for Safety and Justice, spoke Wednesday at the opening of a new trauma recovery center in Oakland.
"It's pushing the state to move back towards 'tough-on-crime.' We are pushing back on that. You need to prioritize resources to create trauma-recovery centers because this is the way to create safety in our community." Hollins said.
Supporters of Prop. 36 say current laws are too lenient, particularly concerning retail theft. But the state legislative analyst has suggested Prop. 36 will send many more people to jail, increasing criminal-justice costs anywhere from tens of millions to the low hundreds of millions of dollars each year.
Hollins said that would mean less money for programs that actually address poverty and desperation - the root cause of crime.
"Folks who have been touched by incarceration, folks who are experiencing homelessness, folks who are experiencing barriers to employment, they can actually get a full range of services to stabilize," Hollins added. "Think about how impactful this will be if we're able to continue expanding this model."
Advocates of Prop. 36 project that it would mean $850 million less over the next decade for trauma recovery centers, mental health, drug treatment, victim services, re-entry and crime-prevention programs.
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