Jacob Redmond
Well-Known Member
About a week before the Louisiana Legislature convened, state Rep. Dalton Honore trekked to Denver for field research related to legislation he's pushing in Louisiana. The journey brought him just a few blocks from the Colorado State Capitol, to a marijuana dispensary.
"Some of the (pot) shops look like Apple stores," said Honore, a Democrat from Baton Rouge, as he scrolled through photos of marijuana plants on his iPhone.
The 72-year-old is a former sheriffs deputy who has "never had a marijuana cigarette in my life." Moreover, he said, he's never been in the company people smoking it. But Honore said it is time stop locking people up for using the drug and start treating it more like alcohol by focusing on education and treatment.
"Eventually it's coming," said Honore, of legalized marijuana for recreational use. "Nobody wants to be the first in the South. We'll probably be the last ... But the deficit we're facing every year, we need it."
Honore's legislation, House Bill 117, proposes to put a measure on the 2016 presidential ballot asking residents to vote on marijuana legalization. He chose that date because it falls after re-election for most of his colleagues in the Legislature and because there's likely to be higher voter turnout.
But the lawmaker acknowledged he faces a difficult task in getting the measure through the Legislature and onto the ballot. The challenge, he said, is to get other lawmakers think about his bill not as "a vote for marijuana," but as "a vote to let people vote in 2016."
With most marijuana-related legislation, the only "slam dunk" votes that can be depended on from lawmakers are those from urban-area Democrats, state Sen. J.P. Morrell, D-New Orleans, said. Morrell has proposed his own marijuana legislation that seeks to lower the penalties for possession of small amounts.
"There's a fear of being portrayed as soft on crime," he said.
While he thinks Honore is "well intentioned," he doubts his legislation has a chance of survival, considering how difficult of a time Morrell has had pushing through lower penalties.
A hurdle for any legislator proposing marijuana reforms - and most any other criminal justice bill - is to get the support, or at least a neutral stance, from the Louisiana Sheriff's Association, the Louisiana District Attorney Association and other law enforcement groups.
Especially in rural parts of the state, the sheriff and district attorney are seen as the top law enforcement leaders, Morrell said. "The public really puts a lot of stock and trust in what the sheriffs and DAs tell them."
When those groups oppose a bill, it sends the message that the legislation will make the public less safe. Bucking public safety advocates, then, "could be a very, very strong political consideration."
No matter what's said during testimony, legislators' decisions are often guided on certain issues by trying not to provide potential opponents with ammunition for political attacks.
"They're not listening to me," said Morrell, whose legislation makes possession of less than an ounce a misdemeanor, even for repeat offenders. "They're thinking how will this look on a 30 second ad, when I vote for this bill.
State Rep. Austin Badon, D-New Orleans, has also sponsored legislation to reduce possession penalties.
The district attorney association opposes Honore's legislation.
Pete Adams, the executive director of the district attorney lobby group, said the organization will not oppose Badon's bill and has "not reached a consensus" on Morrell's bill. On the latter, he said, the group is "in negotiations" with Morrell.
Mike Ranatza, the executive director of the sheriffs' lobby group, said Friday (April 24) he could not speak to Honore or Badon's proposals but noted the organization has been in talks with Morrell on his legislation.
All three legislators pushing reform on marijuana laws said there are too many people serving too much time in Louisiana for marijuana charges.
Badon referenced two highly publicized criminal sentences - that of former New Orleans Saints player Darren Sharper and of New Orleans resident Bernard Noble - to illustrate that marijuana penalties are out of whack.
In a press release issued last week, Baton said he finds it "disingenuous when you can have an ex-football player get nine years in jail for using potent narcotics to sexually assault women and we have a guy sent away for 13 years for having two marijuana cigarettes for his own use."
Badon's legislation, House Bill 149, would drop the maximum sentence for second-offense marijuana possession from five years in prison to two years. It would also drop the maximum sentence for third-offense possession from 20 years to five. Subsequent convictions could allow for a maximum sentence up to eight years, but the habitual offender law could not apply to marijuana possession.
Morrell's legislation, Senate Bill 241, carves out a new section of the law that deals strictly with possession of an ounce or less of marijuana or synthetic marijuana - all the offenses would be considered misdemeanors.
The maximum penalty for first-offense possession of an ounce or less would be a $100 fine The maximum penalty for second offense possession would be a $500 fine and 30 days in jail; and the maximum penalty for a third "or subsequent" conviction would be a $1,000 fine and 90 days in jail.
The primary goal of the legislation, Morrell said is to prevent people from earning "the scarlet letter of felony drug possession" when they're caught with an ounce or less. Felony drug charges, he said, can impact offenders' employment eligibility for the rest of their lives.
Morrell said he thinks he has a 50-50 chance of success this year. Support from the business community and fiscally conservative groups like the Pelican Institute can offset the pushback from law enforcement groups. His legislation aligns with those groups' desire to reduce cost of corrections by reducing the incarceration.
Honore said his biggest takeaway from the Colorado visit was receiving confirmation that "the sky didn't fall in." Crime rates did not spike, the transition was smoother than they anticipated and revenues in the state are way up.
The trip confirmed, too, that Louisiana should change how it thinks about marijuana.
"We need to start treating marijuana like the drug that it is - not the drug that some people fear it to be," Singer said. "The naysayers that said it would be gloom and doom... Our tax revenues are up and hopefully we'll be able to put some of that money toward our schools, drug abuse prevention programs, after school programs."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana legalization could be on Louisiana's ballot in 2016, but it's unlikely | NOLA.com
Author: Emily Lane
Contact: elane@nola.com
Photo Credit: Brennan Linsley, The Associated Press
Website: New Orleans, LA Local News, Breaking News, Sports & Weather - NOLA.com
"Some of the (pot) shops look like Apple stores," said Honore, a Democrat from Baton Rouge, as he scrolled through photos of marijuana plants on his iPhone.
The 72-year-old is a former sheriffs deputy who has "never had a marijuana cigarette in my life." Moreover, he said, he's never been in the company people smoking it. But Honore said it is time stop locking people up for using the drug and start treating it more like alcohol by focusing on education and treatment.
"Eventually it's coming," said Honore, of legalized marijuana for recreational use. "Nobody wants to be the first in the South. We'll probably be the last ... But the deficit we're facing every year, we need it."
Honore's legislation, House Bill 117, proposes to put a measure on the 2016 presidential ballot asking residents to vote on marijuana legalization. He chose that date because it falls after re-election for most of his colleagues in the Legislature and because there's likely to be higher voter turnout.
But the lawmaker acknowledged he faces a difficult task in getting the measure through the Legislature and onto the ballot. The challenge, he said, is to get other lawmakers think about his bill not as "a vote for marijuana," but as "a vote to let people vote in 2016."
With most marijuana-related legislation, the only "slam dunk" votes that can be depended on from lawmakers are those from urban-area Democrats, state Sen. J.P. Morrell, D-New Orleans, said. Morrell has proposed his own marijuana legislation that seeks to lower the penalties for possession of small amounts.
"There's a fear of being portrayed as soft on crime," he said.
While he thinks Honore is "well intentioned," he doubts his legislation has a chance of survival, considering how difficult of a time Morrell has had pushing through lower penalties.
A hurdle for any legislator proposing marijuana reforms - and most any other criminal justice bill - is to get the support, or at least a neutral stance, from the Louisiana Sheriff's Association, the Louisiana District Attorney Association and other law enforcement groups.
Especially in rural parts of the state, the sheriff and district attorney are seen as the top law enforcement leaders, Morrell said. "The public really puts a lot of stock and trust in what the sheriffs and DAs tell them."
When those groups oppose a bill, it sends the message that the legislation will make the public less safe. Bucking public safety advocates, then, "could be a very, very strong political consideration."
No matter what's said during testimony, legislators' decisions are often guided on certain issues by trying not to provide potential opponents with ammunition for political attacks.
"They're not listening to me," said Morrell, whose legislation makes possession of less than an ounce a misdemeanor, even for repeat offenders. "They're thinking how will this look on a 30 second ad, when I vote for this bill.
State Rep. Austin Badon, D-New Orleans, has also sponsored legislation to reduce possession penalties.
The district attorney association opposes Honore's legislation.
Pete Adams, the executive director of the district attorney lobby group, said the organization will not oppose Badon's bill and has "not reached a consensus" on Morrell's bill. On the latter, he said, the group is "in negotiations" with Morrell.
Mike Ranatza, the executive director of the sheriffs' lobby group, said Friday (April 24) he could not speak to Honore or Badon's proposals but noted the organization has been in talks with Morrell on his legislation.
All three legislators pushing reform on marijuana laws said there are too many people serving too much time in Louisiana for marijuana charges.
Badon referenced two highly publicized criminal sentences - that of former New Orleans Saints player Darren Sharper and of New Orleans resident Bernard Noble - to illustrate that marijuana penalties are out of whack.
In a press release issued last week, Baton said he finds it "disingenuous when you can have an ex-football player get nine years in jail for using potent narcotics to sexually assault women and we have a guy sent away for 13 years for having two marijuana cigarettes for his own use."
Badon's legislation, House Bill 149, would drop the maximum sentence for second-offense marijuana possession from five years in prison to two years. It would also drop the maximum sentence for third-offense possession from 20 years to five. Subsequent convictions could allow for a maximum sentence up to eight years, but the habitual offender law could not apply to marijuana possession.
Morrell's legislation, Senate Bill 241, carves out a new section of the law that deals strictly with possession of an ounce or less of marijuana or synthetic marijuana - all the offenses would be considered misdemeanors.
The maximum penalty for first-offense possession of an ounce or less would be a $100 fine The maximum penalty for second offense possession would be a $500 fine and 30 days in jail; and the maximum penalty for a third "or subsequent" conviction would be a $1,000 fine and 90 days in jail.
The primary goal of the legislation, Morrell said is to prevent people from earning "the scarlet letter of felony drug possession" when they're caught with an ounce or less. Felony drug charges, he said, can impact offenders' employment eligibility for the rest of their lives.
Morrell said he thinks he has a 50-50 chance of success this year. Support from the business community and fiscally conservative groups like the Pelican Institute can offset the pushback from law enforcement groups. His legislation aligns with those groups' desire to reduce cost of corrections by reducing the incarceration.
Honore said his biggest takeaway from the Colorado visit was receiving confirmation that "the sky didn't fall in." Crime rates did not spike, the transition was smoother than they anticipated and revenues in the state are way up.
The trip confirmed, too, that Louisiana should change how it thinks about marijuana.
"We need to start treating marijuana like the drug that it is - not the drug that some people fear it to be," Singer said. "The naysayers that said it would be gloom and doom... Our tax revenues are up and hopefully we'll be able to put some of that money toward our schools, drug abuse prevention programs, after school programs."
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Marijuana legalization could be on Louisiana's ballot in 2016, but it's unlikely | NOLA.com
Author: Emily Lane
Contact: elane@nola.com
Photo Credit: Brennan Linsley, The Associated Press
Website: New Orleans, LA Local News, Breaking News, Sports & Weather - NOLA.com
