MORE Act decriminalizes marijuana on the federal level
WASHINGTON, D.C. – Today, Congresswoman Luria voted for historic marijuana reform legislation, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884). This comprehensive and bipartisan marijuana reform package decriminalizes marijuana on the federal level, which will permit states to more effectively regulate marijuana.
“I am pleased to join my colleagues in the House in voting to pass the MORE Act to bring much-overdue changes to our outdated marijuana laws and regulations,” said Congresswoman Elaine Luria. “This historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color and allow states to regulate marijuana in a responsible and safe manner.”
“Virginia NORML applauds Representative Luria for her leadership on cannabis policy and on today’s historic vote. She has been an outspoken champion for ending the failed policy of prohibition and undoing the damages of marijuana criminalization,” said Jenn Michelle Pedini, Executive Director of Virginia NORML. “As Virginia’s medical cannabis industry continues to grow and the state considers adult-use in 2021, eliminating the existing conflict between Virginia and federal laws and ensuring the Commonwealth’s authority to legally regulate cannabis is more important than ever.”
The MORE Act would update current marijuana regulations and correct historic injustices by:
Decriminalizing marijuana at the federal level by removing it from the Controlled Substances Act. This would apply retroactively to prior and pending convictions and allow states to set their own policies without the threat of federal interference;
Requiring states to expunge prior convictions, allowing prior offenders to request expungement, and requiring courts to conduct re-sentencing hearings for those still under supervision;
Creating opportunities for local and minority entrepreneurs by assessing a 5% sales tax on marijuana products to create an Opportunity Trust Fund, which includes:
The Community Reinvestment Grant Program, which provides services to individuals most adversely impacted by the War on Drugs, including job training, legal aid, literacy programs, youth recreation, and substance use treatment;
The Cannabis Opportunity Grant Program, which would offer loans to small businesses in the marijuana industry that are owned by socially and economically disadvantaged individuals; and,
The Equitable Licensing Grant Program, which will fund programs that minimize barriers to marijuana licensing and employment for those harmed by the War on Drugs.
Opening Small Business Administration funding for marijuana-related businesses and service-providers;
Implementing anti-discrimination protections for marijuana use or possession and prior convictions for marijuana offenses. Including:
Prohibiting the denial of federal benefits based on marijuana use or possession, or prior marijuana offense convictions.
Congresswoman Elaine Luria is a strong advocate of sensible and compassionate marijuana policies. In September of last year, Congresswoman Luria testified before the House Judiciary Committee on behalf of a young girl in Hampton who relies on medical marijuana to provide compassionate pain relief due to her rare form of brain cancer. Congresswoman Luria is also a member of the House’s bipartisan Cannabis Caucus.
Paul Plante says
“This historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color?”
What BULL****!
What “disproportionate harm,” Congresswoman?
How about putting some facts on the table here instead of emotionalism.
Why did those laws have a disproportionate impact on communities of color?
Paul Plante says
I actually came in here to support this measure, and by the extension, the Congresswoman, until I read this whiny, ignorant BULL**** statement of hers that “(T)his historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color?”, which statement took me back in time a bit to a Hearst Publishing story entitled “Arrest made in slaying that rocked Albany’s City Hall” by Emily Masters on November 21, 2017, where we read as follows about the disproportionate harm these archaic laws have caused on communities of color, to wit:
ALBANY — Taron Robinson, who was released early from federal prison last year after being diagnosed with terminal cancer, is accused of gunning down a 27-year-old father just months later.
Robinson, the 30-year-old nephew of a city councilman and a onetime enforcer for West Hill’s notorious Jungle Junkies street gang, was arrested Tuesday after an eight-month manhunt.
He was charged with second-degree murder in the death of Christopher Hardy.
Robinson is accused of shooting Hardy in his abdomen at 4:50 p.m. on the corner of First and Quail streets.
Law enforcement sources said they believed the two men had exchanged gunfire and threats in the days leading up to Hardy’s slaying.
Hardy was the biological brother of Mayor Kathy Sheehan’s adopted teenage son.
Taron Robinson is the nephew of Mark Robinson, a city councilman who reformed his life after emerging from federal prison a decade ago.
Taron Robinson was arrested at a home on New Scotland Avenue around 1 p.m. Tuesday, and arraigned on one count of second-degree murder and violating the conditions of his parole.
He is being treated at an area hospital and is in the custody of the Albany County Sheriff’s Office.
Albany police spokesman Officer Steve Smith declined to discuss how officers found Robinson, what condition doctors were treating or whether the man was injured during his arrest.
Police sources and a member of the Robinson family have said that Taron Robinson is battling terminal cancer, and the severity of his disease was a factor in his early prison release.
He was among dozens of Albany gang members arrested in a 2006 racketeering case that involved multiple law enforcement agencies, including the FBI.
Two years later, he was sentenced to 11 years in prison for selling crack cocaine.
Robinson was a violent enforcer for the Jungle Junkies and linked to incidents of gun violence, according to federal court records.
He was released from federal prison in May 2016 but was transferred to state custody to serve a three-year sentence for assault.
In January, Robinson was released under the supervision of state parole officers until he allegedly fled after the April shooting.
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And those are the people Congresswoman Luria’s heart bleeds for with her whining and sniveling and crying about “(T)his historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color,” a violent drug gang enforcer like Taron Robinson.
Paul Plante says
And while we are on the subject of Congresswoman Luria’s heart bleeding for violent drug gang enforcers like Taron Robinson of the Democrat-controlled sanctuary for criminals city of Albany, New York with her whining and sniveling and crying about “(T)his historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color,” let’s take a further look at those poor “victims” Congresswoman Luria wants us to feel sorry for by going back to February 7, 2000 press release of then-Democrat attorney general of New York Eliot “I’m a ******* steamroller” Spitzer entitled “Drug House Lawsuit Seeks To Evict Dealers, Clean Up Neighborhood,” where we had some of what the Congresswoman calls “disproportionate harm these archaic laws have caused on communities of color,” which is horse**** from front to back, to wit:
Attorney General Spitzer today filed suit against the leaders of a Capital Region drug network, an Albany landlord, and her marijuana-dealing tenant as part of a statewide effort to end repeated drug and criminal activity in residential neighborhoods.
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That, people, is what Congresswoman Luria is whining and sniveling about – those poor violent drug dealers being turfed out like that, which is so unfair, as unfair, in fact, as poor Willy Horton having to spend time in prison for doing some raping and killing someone.
Getting back to that story of the “disproportionate harm these archaic laws have caused on communities of color,” we have, to wit:
This action is the first under the Attorney General’s previously announced “drug-house” initiative, which is a cooperative venture with local law enforcement to target sites identified for notorious and repeated drug activity.
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Said another way, they are using that law to discriminate against Black people, because when it comes to notorious and repeated drug activity, that is the turf of the Black folks, and so going after those activities unfairly targets the Black folks who are responsible for that drug-related violence, which violence is only against the law because WHITE-MAN’S LAWS make it so.
Getting back to that Democrat press release, it continues as follows:
This case, dubbed a “Clean Sweep” suit, is expected to serve as a springboard for additional cases across the state.
Today’s action, filed in State Supreme Court in Albany, targets a duplex at 64 Alexander Street, in the city’s South End neighborhood that has long been a concern of local officials and community activists due to frequent drug-related activity.
Between 1995 and 1999, the building was the site of dozens of arrests for marijuana and controlled substances, which have resulted in more than 20 criminal convictions.
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And there is what is just so very unfair here, people, at least according to Congresswoman Luria, because those people are Black.
Getting back to the press release:
“Known drug houses must be swept clean from our neighborhoods,” said Spitzer.
“Drug dealers cannot be permitted to plant a flag in a neighborhood, claim it as their turf, and proclaim that they are open for business.”
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And there I can just hear Congresswoman Luria screeching “UNFAIR UNFAIR UNFAIR” at the top of her lungs, because according to her version of reality, Black drug dealers should be permitted to plant a flag in a neighborhood, claim it as their turf, and proclaim that they are open for business, otherwise, we are discriminating against them because they are Black.
Getting back to the press release:
“And, landlords have a responsibility to be aware of their tenants’ actions; tenants repeatedly convicted of drug dealing or other serious crimes committed on the premises should be evicted at once.”
“Turning a blind eye toward rampant criminal activity is not tolerable.”
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Except Congresswoman Luria seems to think it is tolerable when it is the Black folks who are the ones engaging in the rampant criminal activity, and in answer to the question of why the police in Albany aren’t going after violent white drug gangs, it’s because they don’t know of any.
Getting back to the press release:
Albany Mayor Gerald D. Jennings said, “Attorney General Spitzer is putting the weight of his office behind our local efforts to rid neighborhoods of drug houses.”
“It’s the kind of help we need to take effective action against landlords and tenants that want to infect our residential communities with illegal drug activity and crime.”
“I look forward to continued collaboration with the Attorney General’s office in getting the legislation to give our police departments and our courts the tools they need to rid our communities of these criminals.”
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For the record, Albany Mayor Gerald D. Jennings, who wanted legislation to give his police department and courts the tools they need to rid our communities of these criminals, was a Democrat, which takes us back to the press release as follows:
The suit names four brothers: Charles Robinson; Edward Robinson, Jr.; Mark Robinson; and Stevie Robinson; whom police identify as central figures in a well-established Capital Region drug network.
Also named in the suit are landlord Deborah L. Landy, of 318 First Street; and an intermittent tenant of the Alexander Street property, James Farmer.
Farmer is an associate of the Robinson brothers, according to police.
Landy has owned the house, which has repeatedly been the site of a high level of drug activity, since 1992.
Farmer has been convicted four times in the last two years of drug offenses committed on the premises.
In a 1998 incident, 96 bags of marijuana were seized, and a 1999 conviction stemmed from the possession of illegal substances at the house.
In both 1998 and 1999, Farmer was arrested following incidents in which he was observed selling illegal drugs at Landy’s property.
Last year, Landy’s property became a target of the Albany Police Department’s “Weed and Seed” program.
Through regular patrols and surveillance the Department succeeded in halting the flagrant, round-the clock drug dealing that had plagued the neighborhood.
But signs of drug activity have recently returned to the property which shares a residential block with a church, and is near a school.
Within the last two weeks, surveillance by the Attorney General’s Investigation Bureau reveals that Charles Robinson, and a vehicle believed by Albany P.D. to be operated by Stevie Robinson have been observed at the Landy property.
“The Albany Police Department has made great strides in reducing drug activity in this neighborhood.”
“However, we know that drug dealers are beginning to congregate at this property once again,” said Spitzer.
“Today’s action allows traditional law enforcement to be complemented by a creative civil approach.”
“Based on the crimes these individuals have already committed, we can force them out now.”
Chief of Albany Police Department John C. Nielsen said, “This is another important step in the Albany Police Department’s continued effort to combat the drug trade in our neighborhoods.”
“We now have an effective tool for not only removing tenants who choose to participate in the drug trade, but also making landlords responsible for renting their properties to drug dealers.”
“I commend Attorney General Spitzer’s action today and look forward to working with his office to rid our neighborhoods of drug houses.”
Spitzer’s case asks the court to order the Robinson brothers and Farmer to vacate and remain at least 200 feet away from the Landy property at all times.
Landy also is compeled to take immediate action against any future tenant who deals drugs from any property she may own.
She also is required to to immediately comply with Albany Housing Code provisions she has persistently ignored.
Failure to comply would result in contempt of court charges.
The case has been brought as a “special proceeding” — allowing for an expedited resolution — under existing provisions of the State’s Real Property and Executive Law.
At a news conference announcing the suit, Spitzer was joined by Mayor Jennings, and Chief Nielsen.
The Attorney General’s Office worked jointly with the Albany Police Department and the City’s Corporation Counsel to develop the case.
Spitzer also announced that he is proposing legislation that would enhance the ability of landlords, tenants, and law enforcement agencies to prevent the operation of illegal businesses in residential dwellings.
The legislation would establish a legal presumption of the existence of an illegal business at a location where there have been two drug sale convictions within one year.
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OH BOO HOO HOO HOO HOO – how unfair that all is to the communities of color, right, Congresswoman Luria?
Paul Plante says
And while we are on the subject of Congresswoman Luria’s heart bleeding for violent drug gang enforcers like Taron Robinson of the Democrat-controlled sanctuary for criminals city of Albany, New York with her whining and sniveling and crying about “(T)his historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color,” let’s take a further look at one of those poor “victims” Congresswoman Luria wants us to feel sorry for by going back to May 14, 2003, and U.S. v. Robinson, 01-CR-131 (LEK), to wit:
MEMORANDUM-DECISION AND ORDER
LAWRENCE E. KAHN, United States District Judge.
I. Background
In this criminal case, the Government alleged that Defendant Steven Robinson (“Robinson”) and six co-defendants, including his brothers Mark and Charles, engaged in a marijuana distribution operation in Albany, New York in the 1990s.
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So right there before our eyes is some of the “disproportionate harm” Congresswoman Luria would have us believe these archaic laws have caused on communities of color, notwithstanding that Stevie Robinson was a stone killer, but hey, the dude is Black, so we shouldn’t hold that against him, just as we shouldn’t blame Willy Horton for being a killer and rapist.
Getting back to Stevie, who we all should be crying for along with Congresswoman Luria, that decision continued as follows with regard o who Stevie really was in the community:
Robinson was charged with (i) conspiracy to distribute and possess with the intent to distribute more than one hundred kilograms of marijuana, in violation of 21 U.S.C. § 846; (i) two counts of using a firearm in furtherance of the marijuana conspiracy, in violation of 18 U.S.C. § 924(c); and (iii) causing the death of another in the course of using a firearm, in violation of 18 U.S.C. § 924(j).
end quotes
So, okay, okay, yes, the dude killed somebody, but does that really make him a bad persons, and isn’t it really the fault of the white people anyway that Stevie Robinson killed that dude, because white people forced Stevie Robinson to have to be a drug dealer?
Congresswoman Luria would have us believe yes.
Getting back to what we should all be feeling bad about:
B. Sufficiency of the Evidence 1. Conspiracy to distribute and possess with the intent to distribute more than one hundred kilograms of marijuana
At trial, witnesses likened Albany’s North Swan Street in the 1990s to an open-air drug market.
Witnesses testified that they purchased marijuana from Robinson and his co-conspirators from buildings on North Swan Street and an apartment on Alexander Street.
The defense argued that while Robinson sold marijuana on North Swan, he was not engaged in a conspiracy with the named co-conspirators.
However, several witnesses offered testimony linking Robinson to his co-conspirators.
James Fredricks testified that he sought marijuana at a location where Mark Robinson grew, prepared for sale, and sold marijuana.
He testified that Robinson was at this location and that he told Fredricks to come back later because Robinson wasn’t selling at that time.
Phillip Head and David Johnson testified that Robinson sold marijuana that had been prepared for sale by Mark Robinson.
Joseph Durham testified that he sold marijuana for Robinson and would give the proceeds from the sales to Robinson or his co-conspirators.
James Farmer testified that from 1993 to 1998 he sold four to six ounces of marijuana per day from the Alexander Street apartment for Charles Robinson.
David Johnson testified that, on average, he sold between a quarter-pound to a pound of marijuana per day for Mark Robinson.
Phillip Head testified that Mark Robinson stated that he sold around two pounds of marijuana per day.
Notwithstanding such deficiencies in the testimony of the Government’s witnesses, there was sufficient evidence to sustain a guilty verdict on this count.
2. Use of a firearm in furtherance of the marijuana conspiracy (July 29, 2000)
The jury found Robinson guilty of using a firearm on July 29, 2000, in furtherance of the conspiracy.
The Government presented evidence that on July 29 Robinson fired a gun at Anthony Britton, a drug dealer and one of Robinson’s competitors.
Witnesses testified that they saw guns at the locations from which Robinson and his co-conspirators dealt marijuana.
For example, Joseph Durham testified that he saw various guns in a basement from which large quantities of marijuana were sold.
Durham also stated that he observed his father sell two firearms to Robinson.
With respect to the specific offense charged, Anthony Britton testified that Robinson shot at him.
Britton stated that while the shooter wore a mask, he was sure that Robinson was the shooter.
The jury could have discounted Britton’s testimony.
Convicted for conspiracy to commit murder, Britton was hoping to receive certain benefits from the government in exchange for his testimony.
However, the jury apparently decided that Britton’s testimony was truthful and the Court may not upset this determination.
3. Use of a firearm in furtherance of the marijuana conspiracy and causing the death of another in the course of using the firearm (October 11, 2000)
Several witnesses testified about the events surrounding the October 11, 2000 shooting that resulted in the wounding of Aukland Dubery and David Hood and the death of Jerome Johnson.
The Government contended that Robinson intended to shoot Dubery, a competing drug dealer, but accidently shot Johnson instead.
Roman Caldwell and Kelvin Willingham testified that the shots which killed Johnson came from a white car.
Willingham testified that he saw an arm holding a gun sticking out of the car’s window.
Caldwell stated that he saw shots fired from the car’s window.
Auckland Dubery was the only witness who identified Robinson as the driver of the white car.
At trial, Dubery testified that he saw the white car pull up while he was selling marijuana on North Swan Street with Jerome Johnson.
He stated that Robinson was the only person in the car.
He further testified that he saw Robinson put a bandana over his face.
Dubery did not detail what happened after Robinson put on the bandana.
Instead, he vaguely testified that shots rang out soon thereafter.
Dubery never stated that he saw Robinson fire a gun.
The Court is well aware that prosecutors are often forced to rely on unsavory witnesses to prove their cases.
In drug conspiracy cases, the key witnesses are often drug addicts or convicted criminals.
Many such witnesses expect the Government to provide some benefit in return for their cooperation.
The Court countenances this state of affairs so long as the testimony does not lead to a wrongful conviction.
The realities of prosecuting drug cases can never erode the requirement that the prosecution prove its case “beyond a reasonable doubt.”
This crucial standard is the same for all accused, irrespective of the crime charged.
As the Supreme Court has explained, “use of the reasonable-doubt standard is indispensable to command the respect and confidence of the community in applications of the criminal law.”
“It is critical that the moral force of the criminal law not be diluted by a standard of proof that leaves people in doubt whether innocent men are being condemned.” In re Winship, 397 U.S. 358, 365 (1970).
While the jury’s determinations are properly accorded great respect, in rare occasions the Court must exercise its discretion and set aside a verdict when the prosecution has clearly failed to meet its burden of proving guilt beyond a reasonable doubt.
The Court recognizes that the grant of a new trial is extraordinary.
Having presided over several hundred trials in a thirty year period, this Court has upset jury verdicts only in a few exceptional cases, where judicial intervention was necessary to prevent a manifest injustice.
This is one of those cases: the evidence that Robinson killed Jerome Johnson was far too flimsy to support a conviction.
Our criminal justice system is rooted in the principle that a defendant, presumed innocent, shall not lose his liberty unless his guilt is proved beyond a reasonable doubt.
Guided by this polestar, the Court is compelled to grant Robinson’s motion for a new trial on the charges relating to the October 11 shooting.
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So much then for this horse**** Congresswoman Luria is peddling here about “(T)his historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color.”
How about they brought that harm onto themselves, instead?
A Friend says
Alcohol is the most abused drug in the United States. It is implicated in domestic violence, child abuse and car-crashes that involve innocent spouses, children and the general public. Contrarily, marijuana’s effects do not inspire violence, but inspire introspection, empathy and tranquility…peace.
Paul Plante says
Alcohol pays in big buck$ due to taxes.
That’s what got prohibition repealed, the loss of that tax money.
When prohibition was lifted, pot was made illegal.
The government wanted and needed you drinking, not puffing a joint, so pot had to be criminalized.
A simple story, actually, if you think back to the Whiskey Rebellion.
MJM says
Congresswoman Luria has put forth the national democrat agenda with regards to marijuana legislation, gee what a surprise, and she has lied to us all on several fronts at the same time. She is a sad foot soldier in the promotion of the big democrat lies. “This bipartisan ( LOL) legislation will help states more effectively regulate legislation”, my ass. Lawyers write laws all too often so lawyers will make more money, We all know that. This will continue that sad part of our lives. This legislation written on the federal level will open the floodgates for lawyers to bicker, fight, appeal and appeal again in the state courts to figure out how to carve up the pie, while tying up our courts for the agenda of lawyers making money, pay off buddies with distribution rights, carve out new tax plans and stone out the general public so they don’t give a sh*t even more than they don’t already. More lawyers and more stoners will vote democrat now. More people will have to be hired to create a new marijuana control board on a federal level, and then in each state, and the government will get bigger. DUH ? Talk about a win, win, win win win ! Of course the race card was also played at the same time because democrats push farther forth the lie that they care about people of color. (might as well chase those voters down too) while at the same time they can claim they are trying to right the wrongs dropped on the heads of the little guy. I wonder if Luria will ever change the repetitive lying and boring delivery of this bipartisan crapola because we all know Pelosi is not the slightest bit concerned about actually conducting the proper work in Congress as a team effort. It’s all about their power and her being at the top of the heap. They can’t find some important work to do ?
Tokenny says
To me it seems certain that the fatalistic teachings of Muhammad and the utter degradation of women is the outstanding cause for the arrested development of the Arab. He is exactly as he was around the year 700, while we have kept on developing. -George Smith Patton, Jr.
Paul Plante says
And what is with this horse**** about “communities of color?”
Are we now a segregated nation where the Black folks live in isolated enclaves where only Black people can go?
Are we back to separate but equal?
Paul Plante says
With her whining and sniveling and crying about “(T)his historic reform package would take steps to begin repairing the disproportionate harm these archaic laws have caused on communities of color,” Congresswoman Luria is channeling Young Andy Cuomo, the criminal-friendly Democratic Socialist governor of the corrupt ****-hole of New York state, who is quoted thusly in an Albany, New York Times Union article titled “The Californication of New York: New laws may change life as we know it – The days of Albany gridlock are over” by Rachel Silberstein on January 18, 2019, to wit:
Weed dispensaries may soon be as common as Dunkin’ Donuts franchises in the Empire State.
There is some debate over where the revenue should be directed, but there seems to be support for communities of color, which have been disproportionately targeted by law enforcement agencies, benefiting from cannabis-related business opportunities or receipt of the revenues.
“Let’s create an industry that empowers the poor communities that pay the price and not the rich corporations who come in to make a profit,” Cuomo said in his budget address.
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What horse****!
The fact of the matter is that criminalizing pot drove its price up considerably, from $10 an ounce in 1970 to $150 or more and thereby allowed the “communities of color” to reap a financial windfall, so they have already made plenty of profit off of pot.