CNDP has been working with St. Chrysostom’s Episcopal Church in Chicago to develop a series of Sunday forums throughout the fall on Mass Incarceration and Criminal Justice Reform. Here is Rev. Al Sharp’s presentation at the opening forum on September 10. We urge you to attend future sessions. To see other messages and learn more, visit the St. Chrysostom’s Adult Forum website.
Two Illinois legislators, Rep. Kelly Cassidy (D-14) and Sen. Heather Steans (D-7), have recently filed bills that would legalize marijuana for recreational use in Illinois. They are gathering the widest possible public comment. Two weeks ago they held a joint House-Senate committee hearing to elicit the views of law enforcement. We heard from police chiefs and state’s attorneys from across Illinois. Not surprisingly, they oppose reform. Why not? They’ve spent their entire careers enforcing the status quo. They had a full opportunity to present their views. However, it was the testimony of two individuals from outside Illinois that provided the most useful comments. Lewis Koski is from Colorado, one of the first two states, along with Washington, to legalize marijuana in 2012. He had designed and enforced regulations for marijuana legalization in Colorado. “Data gets waterboarded to make it say what you want it to say,” he observed. Data is continuing to develop. You need to identify what data points you want.” He warned against anecdotal evidence and finding correlations where they may not exist. Neill Franklin, who for served with the Maryland and Baltimore police forces for 34 years, also testified. He is now executive director of Law Enforcement Action Partnership (LEAP), which seeks public safety solutions and includes a speakers’ bureau of retired law enforcement officers opposing marijuana prohibition based on their own field experience. Franklin’s comments are compelling: “We are funding organized crime syndicates and other criminals with billions every year. As with alcohol prohibition, we have driven a very large profit-generating industry underground and into the shadows, where marijuana peddlers battle each other in the streets of Chicago and other cities for market share. “Neighborhoods under siege, cops at war, tens of thousands of arrests (most for mere possession), disparity issues where in this state (Illinois) blacks are 7 times more likely to be arrested than their Caucasian counterparts, and this leads to very poor police-community relations… “Unfortunately in policing we have become obsessed with numbers and too many of my law enforcement comrades believe that more arrests translate into good policing. That may be true when arresting violent offenders, but not in this case and marijuana possession arrests are the easiest to make. Fact – police-community relations improve when we move away from mass arrests enforcement and focus on violent crime.” (Click to see full transcript) Why is this outside testimony so valuable? Because it offers what only someone from the outside can provide. Few of us are very good at questioning the basic assumptions that guide our lives. Police chiefs and state’s attorneys are no less exempt than the rest of us. The Illinois law enforcement officials asserted three things above all else: marijuana is a gateway drug, that is, using it leads to more dangerous drug use; marijuana causes juvenile criminal activity; and legalization will lead to an increase in teen use. The first two points are based on correlation, not cause. At best, they are misleading. They are not convincing arguments for marijuana prohibition. Concerning increased teen use, evidence is mounting that just the opposite is the case. One week after the hearing, the federal Substance Abuse and Mental Health Services Administration (SAMHSA) released findings that marijuana use nationally by teens is declining, and that no teen increase has occurred in states where legalization has been enacted. As Lewis Koski told us, no single survey should be taken as definitive, but this evidence is promising indeed. May the hearings continue.
Civil Asset Forfeiture Over the past three months, many of you responded to our TAKE ACTION on civil asset forfeiture reform in Illinois. We are delighted to report that HB 303 and SB Al, sponsored by Rep. Will Guzzardi (D-39th) and Sen. Don Harmon (D-39th) passed the Illinois Senate unanimously and the House with one dissenting vote, and now awaits Governor Rauner’s signature. Most importantly, the bill requires that the burden of proof rest with the government in cases where an individual’s property is seized when law enforcement claims it has been involved with illegal activity. Until now, property owners have – contrary to U.S. standards of justice – had to prove their innocence. The bill also requires police and prosecutors to collect data and report on seized property and the use of proceeds. It exempts small sums of cash and mere possession of small drug amounts from seizures, and it makes it easier for “innocent victims” to claim the return of their property. This is not a perfect bill. Proceeds from seizure still go to support the budgets of police and prosecutors, a clear conflict of interest. Six states, including Indiana, Missouri, and New Mexico, keep agencies from keeping forfeiture proceeds. But the Illinois legislation is an important step forward. We recognize the ACLU, Cabrini Legal Aid, and other advocates for their extraordinary work. Thank you for your support. Click for more information. Taxation and Regulation Vermont, Connecticut, and Rhode Island are poised to join the eight states that have already legalized marijuana for recreational use. CNDP staff has developed strong clergy support in each of these three. They are especially significant because anyone could become the first to take this step through legislative action rather than a ballot initiative. Procedurally, Vermont is the closest. In mid-May, the house and senate approved adult possession of small amounts of marijuana. After initially vetoing the bill, Governor Scott supported a compromise, including a commission to recommend a tax and regulation system. This bill awaits legislative action when the General Assembly reconvenes in January. Connecticut introduced a tax and regulate bill in March. While neither chamber voted, the draft budget forwarded by the Senate and House contains a $180 million revenue total from marijuana sales. The session ended without budget approval, but action, including marijuana legalization, could take place in the next few weeks. Rhode Island has been on the cusp of tax and regulation for the past two years. Advocates are confident of majority support in both the House and Senate and note that three out of five Rhode Islanders support ending prohibition. The key task is to convince leaders in both chambers that the time has come for a vote.
CNDP staff participated in a press conference Wednesday morning to announce legislation that would legalize marijuana in Illinois. House Bill 2353 and Senate Bill 316 would permit adults to purchase up to one ounce of cannabis from a licensed store. All cannabis would be taxed at the state’s sale tax of 6.25%. We introduced the newly formed Coalition for a Safer Illinois that will support the bills. Included are: Law Enforcement for Action Partnership (LEAP), Doctors for Cannabis Regulation (DFCR), the American Civil Liberties Union (ACLU), the Illinois Chapter of the National Organization for Reform of Marijuana Laws (NORML), Students for a Sensible Drug Policy (SSDP), and the Marijuana Policy Project (MPP).
It is good news that Connecticut may become the first state to legalize marijuana through the action of state legislators rather than by ballot initiative. On the morning of March 7, a new state coalition– Regulate Connecticut — held a press conference to launch a campaign to tax and regulate marijuana there. The Public Health Committee of the Connecticut House then held over 14 hours of hearings. In the press conference, I made the case that legalizing marijuana can, and should, be made on religious, not just secular grounds. This is not immediately obvious. It requires a closer look.