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Legal Weed States Have Lessons to Share

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In this Tuesday, Dec. 30, 2014, photo, Cannabis City clerk John Golby, left, helps customers looking over a display case of marijuana products at the shop in Seattle. A year into the nation’s experiment with legal, taxed marijuana sales, Washington and Colorado find themselves with a cautionary tale for Oregon, Alaska or other states that might follow suit: They’re wrestling not with the federal interference many initially feared, but with competition from their own medical marijuana systems or even outright black market sales. (AP Photo/Elaine Thompson)

In this Tuesday, Dec. 30, 2014, photo, Cannabis City clerk John Golby, left, helps customers looking over a display case of marijuana products at the shop in Seattle. (AP Photo/Elaine Thompson)

KRISTEN WYATT, Associated Press

DENVER (AP) — Don’t worry about a federal lawsuit. But do worry about tax rates. Those are among the many lessons Colorado and Washington have to share from the front lines of America’s marijuana experiment.

LESSON ONE: DON’T BE TIMID

Public officials in the pioneering marijuana states were flat-footed when voters made pot legal.

At first waiting for a possible federal lawsuit, then trying to figure out how to monitor and tax a product that had never been fully regulated anywhere in the world, the states spent many months coming up with rules for how the drug should be grown, sold and consumed.

The delays were understandable. But they led to one of the biggest disappointments of the marijuana markets — lower-than-hoped tax collections.

LESSON TWO: DON’T GET TOO EXCITED, EITHER

Both Colorado and Washington have seen tax collections fall below some rosy projections. The effective tax rates are about 44 percent in Washington and 29 percent in Colorado, with plenty of asterisks and local variances.

The states assumed that pot users would pay a steep premium to stop using drug dealers and have clean, safe stores in which to buy their weed. But the tax rates have led to a continuing black market, undercutting the top argument for legalizing in the first place.

Months of delays for permitting and licensing meant that potential pot taxes went uncollected. And limited marijuana supply in both states has further driven up the price of legal weed.

LESSON THREE: THINK OUTSIDE THE BONG

Pot users these days aren’t using the drug the same way hippies in the 1960s did. But Colorado and Washington weren’t entirely prepared to deal with popular new forms of edible and concentrated weed.

It took more than 18 months for Washington to begin sales of edible pot.

Colorado had regulations for edible pot already in place from the medical market — but it stumbled, too, when the edibles proved a lot more popular than officials expected and many first-timers weren’t sure how much to eat.

Colorado has had to go back after the fact to tighten rules on edible pot packaging and dosing.

LESSON FOUR: THINK ABOUT THE KIDS

It’s an obvious consequence of legalization — wider availability for adults means easier access for kids.

School districts in both Colorado and Washington have reported more kids showing up at school with weed. There have been more kids treated at emergency room for marijuana ingestions, too.

Marijuana exposure isn’t fatal, but the experience so far in both states underscores the need for states to have plans for talking with minors about pot.

LESSON FIVE: THE THIN GREEN LINE

Law enforcement has a big role in reducing potential public safety effects of legalization.

States that legalize pot need a plan in place for how officers determine whether drivers are impaired by marijuana. After legalization, simply sniffing pot in a car or seeing a joint on the seat isn’t enough to haul someone to jail.

Officers also need new guidance on handling marijuana evidence, telling legal growing operations from illegal ones, and protecting new businesses may be targets for robbery because they operate with large amounts of cash (because banks are leery of assisting businesses that sell a drug that is illegal under federal law).

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Community

Financial Assistance Bill for Descendants of Enslaved Persons to Help Them Purchase, Own, or Maintain a Home

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento. Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

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Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel
Sen. Steven Bradford (D-Inglewood). Photo Courtesy of L.A. Sentinel

California Legislative Black Caucus (CLBC) vice chair Sen. Steven Bradford (D-Inglewood) introduced new legislation related to reparations to the Senate Committee on Housing on April 2 in Sacramento.

Senate Bill (SB) 1007, “establishes the Homeowner’s Assistance for Descendants of Enslaved Persons Program to make financial aid or assistance available to descendants for the purposes of purchasing, owning, or maintaining a home,” the legislation states.

The Senate Housing Committee advanced the bill with an 8-1 vote. It will be re-referred to the Appropriations Committee for consideration.

Sen. Kelly Seyarto (R-Murrieta) was the only member who voted against the bill.

“SB 1007 is about starting a long process of paying back a debt that is not only owed, but that was also promised, and is 160 years overdue, to African Americans,” Bradford told the committee chaired by Sen. Nancy Skinner (D-Berkeley). “It is the first step in closing the wealth and equity gap created by centuries of slavery and racial discrimination policies.”

The bill aligns with one of the 115 recommendations listed in a two-year study conducted by the California reparations task force, of which Bradford was one of nine members.

Bradford said the report reveals that, in the state of California, a typical Black-owned home is 22% less valuable than a White-owned home.

Various advocacy groups from around the state attended the hearing held at the State Capitol Annex Swing Space. The California Housing Partnership, Bay Area Regional Health and Inequities Initiative, Coalition for A Just and Equitable California, Disability Rights of California, the American Civil Liberties Union of California, and California Community Builders all voiced their support of the bill.

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AG Bonta Says Oakland School Leaders Should Comply with State Laws to Avoid ‘Disparate Harm’ When Closing or Merging Schools

California Attorney General Rob Bonta sent a letter this week to the Oakland Unified School District (OUSD) Board of Education saying the district has a duty to comply with state education and civil rights laws to protect students and families from “disparate harm,” such as segregation and discrimination, if the district goes ahead with school closures, mergers or consolidations in 2025-2026.

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Teachers and students protest the closing of schools in Oakland. Photo courtesy of PBS.
Teachers and students protest the closing of schools in Oakland. Photo courtesy of PBS.

AG Bonta said DOJ investigation of 2022 closure decisions would have negatively impacted Black and low-income families.

By Post Staff

California Attorney General Rob Bonta sent a letter this week to the Oakland Unified School District (OUSD) Board of Education saying the district has a duty to comply with state education and civil rights laws to protect students and families from “disparate harm,” such as segregation and discrimination, if the district goes ahead with school closures, mergers or consolidations in 2025-2026.

The letter and an accompanying media release announced the findings of the California Department of Justice’s (DOJ) investigation into the OUSD Board’s Feb. 8, 2022, decision to close Parker Elementary, Brookfield Elementary, Carl B. Munck Elementary, Fred T. Korematsu Discovery Academy, Grass Valley Elementary, Horace Mann Elementary, and Community Day School and eliminate grades 6-8 of Hillcrest Elementary and La Escuelita Elementary.

“All school districts and their leadership have a legal obligation to protect vulnerable children and their communities from disparate harm when making school closure decisions,” said Attorney General Bonta.

“The bottom line is that discrimination in any form will not be tolerated,” he said. “I am committed to working with OUSD’s leadership to achieve successful outcomes for students.

“My office will continue to monitor OUSD’s processes and decision-making as it moves forward with the required community engagement, equity impact analysis, and planning to implement any future closures, mergers, or consolidations” to ensure compliance with California’s Constitution, AB 1912, and anti-discrimination laws.

By press time, the school district did not respond to a request for comment from OUSD.

The DOJ’s findings showed that the February 2022 decision, later partially rescinded, would have disproportionately impacted Black and low-income elementary students, as well as high-need students with disabilities, according to the media release.

The Attorney General outlined concerns about criteria OUSD has announced that it may rely on to determine future closures, mergers, and consolidations and provided recommendations to ensure OUSD does not violate state law, including prohibitions against closure decisions that reinforce school segregation or disproportionately impact any student group as required by the State Constitution, AB 1912, and anti-discrimination laws.

According to AB 1912, passed in September 2022, financially distressed school districts contemplating school closures, mergers, or consolidations must engage the community before closing schools; conduct an equity impact assessment; and provide the public with the set of criteria the district plans to utilize to make decisions.

In the letter, DOJ identified a “problematic” approach to planning for closing schools in 2025-2026 and “strongly recommends” steps OUSD should take going forward.

  • “Take affirmative steps to ensure that its enrollment and attendance boundary and school closure decisions alleviate school segregation and do not create disproportionate transportation burdens for protected subgroups.”
  • Don’t solely utilize criteria such as school facilities’ conditions, school operating costs, and school capacity without also including an assessment of past and present inequities in resources “due to educational segregation or other causes.”
  • Some of OUSD’s proposed guidelines “may improperly penalize schools serving students with disabilities and students who have high needs.”
  • The district’s decisions should also include “environmental factors, student demographics and feeder attendance patterns, transportation needs, and special programs.”
  • Avoid overreliance on test scores and other quantitative data without also looking at “how each school is serving the needs of its specific student body, especially as it relates to historically marginalized communities.”
  • “Engage an independent expert to facilitate community input and equity impact.”

The letter also emphasized that DOJ is willing to provide “feedback and consultation at any time during the process to ensure that OUSD’s process and outcomes are legally compliant and serve the best interests of the school community and all of its students.”

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