Items filtered by date: Monday, 11 June 2018

There is new hope that states with adult-use and medical marijuana laws on the books and states considering legalization or decriminalization will finally be able to stop worrying about the Drug Enforcement Agency (DEA) commandeering their police officers and sheriff’s deputies to enforce federal marijuana prohibition. A bipartisan group of United States’ Senators and Representatives introduced the Strengthening the Tenth Amendment Entrusting States (STATES) Act on Thursday. It’s intent is to allow states to determine what marijuana laws are right for them.

Diff’rent Strokes for Diff’rent Folks

Republican Cory Gardner of Colorado and Democrat Elizabeth Warren of Massachusetts introduced the bill in the Senate. Republican David Joyce of Ohio and Democrat Earl Blumenauer of Oregon are co-sponsors of the bill they introduced in the House of Representatives. Upon introduction of the bill, its creators emphasized that their legislation would not make marijuana legal throughout the country – as if the name of the bill and its acronym weren’t revealing enough.

The bill’s bipartisan group of writers wants everyone to know the STATES Act is a states’ rights bill and not a legalize marijuana bill for obvious reasons – the biggest being that legislation ending federal marijuana prohibition would never pass Congress let alone get the support of Donald Trump, who said he’ll “probably” back the bill. But any legislation even misrepresented as a marijuana legalization bill would do lasting damage to the cannabis movement that has seen economies, government budgets, infrastructure and education improve while crime, opioid overdoses, suicides and healthcare costs decrease in states with adult-use or medical marijuana laws.

STATES Act’s States’ Rights Focus Leaves Conservatives Little Wiggle Room

With the STATES Act, it will be nigh impossible for Conservatives to justify their opposition of the bill by calling it an endorsement of drug use. Politicians representing states that border states with adult-use or medical marijuana laws could claim the bill would only stretch their law enforcement and judicial budgets even thinner, but they couldn’t misrepresent the legislation to their constituents as an attempt to legalize marijuana. They could even request additional federal funding to address the increased law enforcement and judicial workload they anticipate, but they couldn’t vote “no” with the excuse of “I’m not about to legalize marijuana.” I mean, they could say that in their defense, but not without subjecting themselves to ridicule.

STATES Act’s States’ Rights Focus Appeals to Public Majority

Another reason the bipartisan crafters of the STATES Act are making cannabis a states’ rights issue is because it appeals to a majority of the public. A Gallup poll conducted in June 2016 found that 55 percent of Americans prefer government power to be concentrated at the state level instead of the federal level, and Republicans are are four times as likely to support state power.

Giving more power to the states appeals to Republicans, Libertarians and even some Democrats. Hell, I’m a Socialist, and I support small government because I know Socialism, like all forms of governing, works most effectively and efficiently in people’s behalf when the number of people it governs is small and when that population is concentrated in a governable geographic area. Why? The answer was provided by the late Alan Thicke back in 1978: “Now, the world don't move to the beat of just one drum. What might be right for you, may not be right for some.”

Those are, of course, the opening lyrics to the “Diff’rent Strokes” theme song, and a more true statement could not be uttered let alone sung. The United States is a vast country that spans the spectrum of both geography and demography, which makes it difficult to govern. Americans experience such differing circumstances that what might be right for you, may not be right for some. Hell, in my home state of Montana you can drive eight hours and never leave the state, but the geography and the people change immensely. What works in the West probably won’t work in the East and vice versa. Marijuana legalization might be right for Californians, but it may not be right for Nebraskans. The STATES Act would allow states to choose what cannabis laws work best for their residents.

STATES Act Not the First, Hopefully the Last of its Kind

This isn’t the first time a bipartisan bill has been introduced to strengthen states’ rights to adopt and enforce marijuana laws as they see fit. I was on Capitol Hill as a student lobbyist for Students for Sensible Drug Policy five years ago when H.R. 1523, the Respect State Marijuana Laws Act of 2013, was before the 113th Congress. It too sought to allow states to decide the legality of adult-use and medical marijuana by altering the Controlled Substances Act to exclude persons acting in compliance with state marijuana laws.

We felt way back then that this would be our path to ending federal marijuana prohibition, and while we weren’t going to get federal legalization, it was a compromise we were willing to make to appeal to Conservatives and get the legislation passed. I left the reception held after our lobby day filled with hope after hearing Democratic Congressman from Colorado Jared Polis and famed Conservative Grover Norquist agreeing that cannabis was an issue for states to decide by and for their respective residents.

According to Congress.gov, that bill is still before Congress, lost and forgotten by the Subcommittee on Crime, Terrorism, Homeland Security and Investigations since April 30, 2013. It has 28 cosponsors in the House, six of which are Republicans. The House version of the STATES Act already has 14 cosponsors in the House plus the two Representatives who assisted in drafting the bill. Eight are Republicans, so the new bipartisan bill is already appealing to more Conservatives than H.R. 1523.

STATES Act Lets States Decide Cannabis Laws Right for Them

This bipartisan group has high hopes for the STATES Act given what’s occurred since H.R. 1523 was introduced. The STATES Act does what H.R. 1523 would have. It amends the Controlled Substances Act to exclude persons acting in compliance with state and tribal marijuana laws. But it doesn’t eliminate all federal oversight. Distribution of cannabis at transportation facilities and rest stops would remain federally illegal and enforced. The STATES Act does a lot more than allow states to determine their own marijuana laws, though. It also addresses some of the issues that have resulted from states legalizing adult-use or medical marijuana, which should appeal to both sides of the aisle.

STATES Act Legalizes Hemp

Back in 2011, I wrote that cannabis would be America’s best cash crop ever – even bigger than tobacco. Marijuana consumption has already far surpassed my expectations upon its legalization for adult- and medical-use, but industrial hemp is what’s going to make cannabis America’s best cash crop ever. It grows like a weed if you’ll forgive the pun, and can be used for virtually anything. It’s a stronger fiber than cotton and can be used to make textiles that last longer so our clothes don’t fall apart in the wash. It will make stronger rope, hopefully saving mountain and rock climbers’ lives, and cowboys, cowgirls and sailors headaches. Hemp seeds are also rich in fatty acids, protein, fiber and other important nutrients. Hemp can even be used as fuel, which ExxonMobil will no doubt exploit given its investment into biofuels. All that algae research ended up being nothing more than a good PR campaign because hemp is a much less intensive biofuel to produce than algae. You can even build a house out of something called hempcrete, and cannabis can also relieve your pain without getting you high. That’s right, cannabidiol, better known as CBD, has been proven to have pain-relieving, anti-inflammatory, and anti-anxiety properties without the psychoactive effects of THC. So cannabis can clothe you, feed you, shelter you, transport you and your things, relieve your pain, and even save your life while creating jobs and improving our environment by oxygenating the air. Along with solar and wind energy industries, industrial hemp will be one of the biggest contributors to the health of America’s economy and environment for years to come.

STATES Act Makes Marijuana Transactions Federally Legal, Finally

The STATES Act would make cannabis transactions legal, allowing cannabis providers to take methods of payment besides cash and store that money in a bank. Cannabis providers have had a justifiable fear of depositing their profits in federal banks subject to federal law. The federal government could seize those assets like they seize vehicles used to traffic drugs. No criminal charges need to be brought against the cannabis providers for them to lose their money either, as asset forfeiture is a civil action, not criminal.

Since its legalization in Colorado, many cannabis providers have hired motorcycle couriers to pickup and deliver literal saddlebags of money to be deposited in a safe somewhere. One California dispensary owner reportedly delivers $40,000 in cash in the trunk of his car every month simply to pay his taxes. The STATES Act would make those trips a thing of the past and likely result in fewer instances of theft.

So is 2018 finally the year federal marijuana prohibition ends? Some people think so, but ultra-Conservatives could get in the way, just as they did on a cannabis bill for veterans just last week. The STATES Act probably won’t have many supporters from the religious right, which will be its biggest obstacle to overcome. But now more than ever before, Senators and Representatives on both sides of the aisle are going to be more willing to consider the end of federal marijuana prohibition given what we’ve all learned from the experimentation spearheaded by states. Kentucky, Tennessee and Virginia could all adopt medical marijuana laws this year, and if that doesn’t surprise you consider where we were five years ago, when Maryland relaxing criminal penalties for seriously ill people using marijuana was considered a win for cannabis advocates.

Your Senators and Representatives are not experts on cannabis and need you to inform them on the issue, so here’s a guide on how to do so most effectively. You’ll want to appeal to the humanity in them. Politicians are not cold robots. When they hear a story about someone using cannabis to treat their chronic back pain that otherwise would keep them bedridden, they can probably relate to that. They especially want to know if cannabis helped you kick your opioid addiction. They have friends and family struggling with the same problems with which the rest of us struggle, so speak or write from the heart. The facts will only bore them to the point they tune you out.


If you like this, you might like these Genesis Communications Network talk shows: America’s Healthcare Advocate, The Bright Side, The Dr. Daliah Show, Dr. Asa On Call, Dr. Coldwell Opinion Radio, Good Day Health, Health Hunters, Herb Talk, Cannabis A to Z

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Each week at Foul Play-by-Play we cover the law-related, sports stories, including the Colangelo Twitter scandal, and we dive deeper into a possible cheerleaders' union with former union rep and sports-labor expert Al Neal of PeoplesWorld.org and GrandstandCentral.com. Here are your headlines, "Cheats of the Week," "Historically Foul Play" and "Statistically Significant Foul Player" for the week ending June 10.

Headlines

Bryan Colangelo and Philadelphia 76ers Part Ways

Bryan Colangelo resigned on Thursday as president of basketball operations for the Philadelphia 76ers after his wife admitted to using Twitter accounts to criticize players and support her husband. Sixers coach Brett Brown will oversee basketball operations on an interim basis.

An independent investigation found Colangelo to be the source of the sensitive information shared by his wife, Barbara Bottini. Colangelo said his wife was “operating without his consent” and that “at no point did I ever purposefully or directly share any sensitive, non-public, club-related information with her.” So how did she come across this information? You say you didn’t directly share sensitive information, so sas she getting it from someone else in the organization? You say you didn’t share it on purpose, so was it shared in the throes of passion?

Barbara taking the blame on this obviously doesn’t make Bryan innocent. She can’t be guilty without having an accomplice giving her the information. It’s a miracle, frankly, Bryan Colangelo wasn’t fired. The Sixers are either being incredibly nice or didn’t want to file the paperwork to fire the man because sharing trade information is a fireable offense.

I don’t see Colangelo working again, regardless of this being a resignation and not a firing. Even if he didn’t know about the Twitter accounts, he still shared sensitive information with someone he shouldn’t. When there’s a big trade on the table at work, you don’t go home at lunch and spill the beans to your wife before it’s final. You don’t spill the beans to anyone outside the organizations involved. 

Delaware Sees $322,000+ in Sports Wagers on First Day of Legal Betting

More than $322,000 was wagered on the first day of legal sports betting in Delaware, Tuesday. Delaware Governor John Carney made the first wager and won, risking $10 on the Philadelphia Phillies to beat the Chicago Cubs. The Phillies won 6-1. That must have paid well.

Delaware was already offering parlay betting during the federal ban since 2009 and built sportsbooks within its casinos, waiting for the end of the federal ban. It’s estimated that $350 million to $760 million could be wagered annually if online betting is fully implemented. 

Mother of G Leaguer Sues NBA after Son Collapses on Court, Dies Two Days Later

The mother of Zeke Upshaw, former swingman for Detroit Pistons’ G League affiliate Grand Rapids Drive who collapsed on the court and died two days later, has filed a lawsuit accusing the NBA and the Detroit Pistons of negligence.

Upshaw, 26, collapsed during a game in Grand Rapids on March 24 and died two days later of what a Grand Rapids medical examiner called a sudden cardiac death with cardiac abnormalities. Upshaw had a “slightly enlarged” heart, which is not entirely unusual in athletes and could be unrelated to his death, but the Grand Rapids team doctor was not at the arena when Upshaw collapsed on March 24, so life-saving measures were not attempted, no CPR initiated and no defibrillator used, but Upshaw died two days later.

Links to video footage, lawsuit, and media advisory!

Cheerleaders Sue Houston Texans Alleging Hostile Work Environment and Withholding Pay

Five former NFL cheerleaders sued the Houston Texans on Friday, accusing the franchise of paying the women less than the $7.25 per hour they were due, not compensating them for making public appearances and creating a workplace where the women were threatened with termination for voicing complaints.

This isn’t the first time NFL cheerleaders have sued their employers. I wrote a column for the Livingston Enterprise about the Oakland Raiders’ cheerleaders who sued citing similar allegations back in 2014 or so, and spoke to their attorney who recommended NFL cheerleaders unionize. During my painstaking research of NFL cheerleaders, I found that each NFL team employs between 32 and 42 cheerleaders. With 32 NFL teams that brings the total number of cheerleaders employed by the NFL to just over 1,000, which isn’t enough to form a union with any real bargaining power, so this union will have to be formed of cheerleaders and dancers across all sports.

There are usually about 20 Laker Girls employed every season, but the Timberwolves have just 13 dancers. If each NBA team has about 15 dancers, that’s another 450 potential union members.

Most hockey teams employ “ice girls” to shovel the ice during breaks in the action, and many have expressed similar working conditions cited by NFL cheerleaders, according to a 2014 story by Mother Jones that actually resulted in the Flyers eliminating their ice girls and then bringing them back when the men who replaced them were quite literally booed off the ice.

The Vegas Golden Knights held auditions to fill 40 positions on its ice, cheer and gameday crews, however, so these jobs aren’t going anywhere. With another 30 teams employing at least another dozen entertainers, and I’ll get to why it’s 30 and not 31 in the Historically Foul Play segment, that’s 360 more potential union members, bringing the total to just over 1,800. If we include mascots in the union, there’s at least another 123 union members to get us closer to 2,000. But won’t there always be cheaper bodies to objectify regardless of whether a cheerleaders’ union is formed and regardless of how encompassing its membership is? I just don’t think the backlash from having less attractive or less entertaining cheerleaders would affect the NFL owners’ bottom line.

Indianapolis Colts’ DE Chris McCain Arrested for Domestic Assault

Colts defensive end Chris McCain was charged with battery stemming from an incident that occurred in January in Los Angeles, according to TMZ. McCain is accused of spitting on a woman and “forcefully grabbing her neck.” He’ll likely face a suspension.

Ottawa Senators’ Assistant GM Arrested for Alleged Harassment

Ottawa Senators assistant general manager Randy Lee is accused of inappropriately touching and making lewd comments toward a hotel shuttle driver while in Buffalo for the NHL's scouting combine. He was charged with second-degree harassment on Friday after being arrested and spending the night in jail. If Bryan Colangelo thought he had problems, at least he’s not Randy Lee. It has to be considerably more difficult to get a job as a sexual harasser than a trade-secrets sharing pillow-talker, right?

Historically Foul Play

I promised I’d tell you why just 30 NHL teams employ “ice girls,” and here’s why. In December of 2007, the media’s and masses’ eyes were affixed to a New York Knicks scandal involving former coach Isiah Thomas, who was found by a jury to be guilty of sexual harassment. The plaintiff, a former Knicks’ executive, was awarded $11.5 million in damages, paid by the owners of Madison Square Garden. But that wasn’t the only foul play in the Garden at the time.

Three days after the Thomas verdict, a settlement between Madison Square Garden and a former captain of the New York Rangers’ cheerleader squad flew under the radar. (Court documents of lawsuit filed.) No details were released, but the accuser alleged that her supervisor, Ryan Halkatt, told her which skaters had to lose weight or “stuff their bras” to appear more alluring. That was the last year the Rangers had “ice girls.”

Statistically Significant Foul Player

Sticking with hockey, the Washington Capitals won the Stanley Cup for the first time in franchise history. Their statistically significant foul player is, of course, Tom Wilson, who spent twice as much time in the penalty box as the next most penalized player on his team. His 187 penalty minutes during the regular season was just 25 off the pace set by Florida’s Micheal Haley this year. Haley’s 212 penalty minutes in a single season doesn’t even put him in the top 250 all-time. The NHL record for penalty minutes accessed in a season is 472 by Dave Schultz in the 1974-75 season. That’s more than five games spent in the penalty box.

Cheats of the Week

Bronze medalist: Julian Edelman is appealing a four-game suspension for violating the NFL’s performance-enhancing drug policy. Edelman has reportedly taken “hundreds of tests” and never tested positive before.

Silver medalist: Free agent left-handed reliever Fernando Abad received an 80-game suspension after testing positive for Stanozolol. A lengthy appeals process will make this a short ban for Abad, as the suspension began upon the filing of the appeal. Any team who signs Abad knows he must sit out most of this month, but given the overuse of Ryan Pressly, Abad would be a great fit for the Minnesota Twins. Their splits work out well together, as Abad has been more effective against lefties in his career and Pressly righties, with neither being that bad in either situation. If you’re Paul Molitor, you have to like being able to bring in Abad when two of the next three batters are lefties and Pressly when two of the three are righties.

Gold medalist: Boston Red Sox fans used the flashlights on their phones to distract Detroit Tigers hitters, angering manager Ron Gardenhire, who we know runs hot. The foul play caused a short delay in the seventh inning as security asked fans in the center field sections of Fenway Park to stop using the lights on their cell phones to distract batters for obvious safety reasons. Red Sox manager Alex Cora called it “a good weapon,” which it very well could be if someone were to be hit in the face with a fastball because they’ve been blinded by a flashlight. 

Published in Sports