Opinion: Congress Needs To Reclassify Cannabis

Last week U.S. Attorney General Jeff Sessions, by reversing the Cole memo, took away what little security the legal marijuana industry had.

The Cole memo was never intended to be a permanent fix to the problem posed by the conflict between states that chose to legalize marijuana and existing federal prohibitions. Written by Deputy Attorney General James M. Cole in 2013, the memo gave the nation’s 93 U.S. Attorneys broad latitude to exercise prosecutorial discretion in states where marijuana had been legalized. (Mr. Cole, now in private practice, declined a request for comment for this story.) His memo was interpreted as a virtual hands-off rule, allowing medical and recreational marijuana programs to spread across the country at an unprecedented rate. Flimsy though it was, the Cole Memo nevertheless provided a measure of security for dispensary owners, growers and consumers and allowed investors to proceed with some confidence that their money was not going to be seized in a DEA sting. (Politico)

The permanent fix is to move it from a Schedule 1 drug to lower on the DEA’s list:

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: 

heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. (DEA)

Cocaine & meth are schedule 2 drugs — yes, cannabis is classified the same as LSD but less than cocaine!

Options are killing people daily, but the pain-killing ability of cannabis is ignored.

From April 2017:

Two Florida congressmen, Republican Representative Matt Gaetz and Democratic Representative Darren Soto, introduced legislation that would transfer marijuana to Schedule III of the Controlled Substances Act from its current standing as a Schedule I substance, the strictest of the classifications.

Having marijuana on a lower scale would uphold the rights of states that have legalized the use of it medically, allow for banking activities, and create a clearer path for research, Gaetz stated, “I have supported cannabis reform as a state legislator, and I want to see the people that I fought for in my state have access to a legal, high-quality product that’s been well-researched.” (Huffington Post)

Hopefully enough bi-partisan votes can can overcome objections from social conservatives from both parties.

Most of you likely agree, here are the results of the recent non-scientific Sunday Poll:

Q: Agree or disagree: Kudos to AG Jeff Sessions for ending the 2013 rule that ignored states that legalized the recreational sale of a federal controlled substance

• Strongly agree 5 [11.11%]
• Agree 0 [0%]
• Somewhat agree 0 [0%]
• Neither agree or disagree 3 [6.67%]
• Somewhat disagree 1 [2.22%]
• Disagree 4 [8.89%]
• Strongly disagree 31 [68.89%]
• Unsure/No Answer 1 [2.22%]

If congress doesn’t act, perhaps the SCOTUS will decide a future case that changes the classification.

— Steve Patterson

Chain Retail Stores Closing at Hampton Village (JCPenny) & Chesterfield Mall (American Girl)

I can only think of one thing I purchased at JCPenny in Hampton Village since moving to St. Louis in 1990– a pair of Levi’s jeans about 5-10 years ago. My total lifetime purchases at JCPenny stores can be counted on both hands..maybe just one. My husband and I stopped there a few weeks ago so he could look for some jeans — he ended up buying them on Amazon.com. When JCPenny announced in March 2017 they were closing 138 stores nationwide I was shocked Hampton Village wasn’t on the list.

So it was no surprise to me when I saw a friend’s Facebook post about it closing. The last day is January 21st.

The Hampton Village Penney store opened in 1949. The chain had 10 stores in the St. Louis area in the early 1980s, according to Post-Dispatch archives. (Post-Dispatch)

I can’t believe that JCPenny has been renting this 50,000 square foot location for decades. I looked up records online and the real estate arm of Schnucks grocery, DESCO, has owned most to all of Hampton Village since 2011. I think JCPenny got a generous offer for their real estate and stayed around until the end of their leaseback

As I wrote when Macy’s was closing downtown, I’m no fan of department stores. The format of a register in each department within the store is so dated. Reminds me of visiting Sears as a kid in the 1970s. However, I’ve been shopping at the Target across the street once per month for most of my years in St. Louis.

Like JCPenny at Hampton Village, I only recall going inside Chesterfield Mall once — for a free movie screening within the last 5 years.  O don’t recall the movie, but I do recall the mall being dead.That has had an impact on at few stores, with one announcing it will soon close

American Girl, which opened at Chesterfield Mall in 2012, will close the St. Louis County store on Feb. 21.

 The company said it made the decision to close “based on the current challenges facing the mall property, which have adversely impacted our store’s business.”   (Post-Dispatch)

About the time American Girl opened in Chesterfield my great-niece, who lives in Oklahoma, was outgrowing her obsession with the dolls. Whew…no need to visit the store for a birthday gift. My hubby and ‘i were in Chesterfield shopping earlier this month, he bought new shoes at the Nike factory store at a very busy outlet mall — an outdoor mall on a very frigid day.

As a country we invested in drive to retail for decades. Thanks to technology and younger shoppers that is coning to an end. Brick & mortar retail will never cease, it just will look & feel very different.

— Steve Patterson

Sunday Poll: Agree or Disagree With AG’s Decision on Marijuana Legalization?

On Thursday last week U.S. Attorney General Jeff Sessions ended a 2013 rule allowing federal prosecutors to ignore violations of federal marijuana laws, as long as state laws permit the activity.

The Department of Justice today issued a memo on federal marijuana enforcement policy announcing a return to the rule of law and the rescission of previous guidance documents. Since the passage of the Controlled Substances Act (CSA) in 1970, Congress has generally prohibited the cultivation, distribution, and possession of marijuana.

In the memorandum, Attorney General Jeff Sessions directs all U.S. Attorneys to enforce the laws enacted by Congress and to follow well-established principles when pursuing prosecutions related to marijuana activities. This return to the rule of law is also a return of trust and local control to federal prosecutors who know where and how to deploy Justice Department resources most effectively to reduce violent crime, stem the tide of the drug crisis, and dismantle criminal gangs.

“It is the mission of the Department of Justice to enforce the laws of the United States, and the previous issuance of guidance undermines the rule of law and the ability of our local, state, tribal, and federal law enforcement partners to carry out this mission,” said Attorney General Jeff Sessions. “Therefore, today’s memo on federal marijuana enforcement simply directs all U.S. Attorneys to use previously established prosecutorial principles that provide them all the necessary tools to disrupt criminal organizations, tackle the growing drug crisis, and thwart violent crime across our country.” (Department of Justice)

You can read the memo here. This return to enforcing existing controlled substance laws is the subject of today’s non-scientific poll.

This poll will close at 8pm tonight.

— Steve Patterson

St. Louis Board of Aldermen Week 28 of 2017-2018 Session

The St. Louis Board of Aldermen will meet at 10am today, their 28th week of the 2017-2018 session.

This week skips two bill numbers that weren’t on the Week 27 agenda. Numbers 219 & 220 are listed but don’t show an introduction date, perhaps they’ll be introduced soon. They’re not on today’s agenda — at least not the one I  viewed yesterday at 11am.

SEVEN (7) NEW BOARD BILLS ON THE AGENDA* FOR INTRODUCTION TODAY 1/5/18:

*Note that just because a bill is on the agenda doesn’t mean it’ll be introduced, similarly, bills not on the agenda might be introduced if they suspend the rules to do so. This information is based on the published agenda as of yesterday @ 8am:

• B.B.#221 – Ingrassia –An ordinance approving the petition to establish the EQH Market Street Community Improvement District; finding a public purpose therefor, and containing a severability clause and emergency clause.
• B.B.#222 – Pres. Reed –An ordinance directing the Public Safety Director to complete an annual Public Safety Plan and present the findings of the Plan to members of the Board of Aldermen and the Board of Aldermen Public Safety Committee.
• B.B.#223 – Williamson – An ordinance approving a Redevelopment Plan for 5522 Delmar.
• B.B.#224 – Davis  – An ordinance recommended by the Airport Commission, the Board of Public Service, and the Board of Estimate and Apportionment authorizing and directing the Director of Airports and the Comptroller to enter into and execute an Agreement and Contract of Sale for the Sale of Property, between St. Louis, and Union Electric Company d/b/a Ameren Missouri, providing for the sale of approximately 1.3994 acres of property owned by St. Louis for the sum of Eighty Thousand Dollars; authorizing and directing the Mayor and the Comptroller to enter into and execute the quit claim deed to the Agreement entitled “Form of Quit Claim Deed for St. Louis Property”, remising, releasing, conveying, and forever quit?claiming unto Ameren, the St. Louis Property subject to the avigation easement and restrictive covenants as defined and provided for in said quit claim deed; and containing a severability clause and an emergency clause.
• B.B.#225 – Davis –An Ordinance recommended and approved by the Board of Estimate and Apportionment authorizing and directing the Director of Airports and the Comptroller, owner and operator of the St. Louis Lambert International Airport to enter into and execute the First Amendment to the Restated and Amended Lease Agreement AL?223 between the City and Signature Flight Support Corporation, amending the Restated and Amended Lease Agreement AL-232, dated June 25, 2013; the First Amendment was approved by the Airport Commission; containing a severability clause; and an emergency clause.
• B.B.#226 – Davis –An Ordinance recommended and approved by the Board of Estimate and Apportionment authorizing and directing the Director of Airports and the Comptroller of The City of St. Louis, the owner and operator of the St. Louis Lambert International Airport, to enter into and execute, the First Amendment to Lease Agreement AL-222 between the City and MHS Travel and Charter, Inc., amending the Lease Agreement AL?222, dated June 25, 2013; containing a severability clause; and an emergency clause.
• B.B.#227 – Arnowitz – An ordinance, recommended by the Board of Estimate & Apportionment, authorizing and directing the Mayor and Comptroller, to enter into and execute an agreement or agreements with the U.S. Department of Housing and Urban Development (“HUD”) for the receipt of Lead Hazard Reduction Demonstration Grant (LHRD) funds; appropriating the sum of Two Million, One Hundred Thousand Dollars ($2,100,000) which the City has been awarded for the LHRD program; authorizing and directing the Director of the Community Development Administration (“CDA”) to contract with municipal agencies, non? profit corporations and other entities, as necessary for the expenditure of LHRD funding; and directing the Comptroller to issue warrants thereon upon the City Treasury; and containing an emergency clause.

The meeting begins at 10am, past meetings and a live broadcast can be watched online here. See list of all board bills for the 2017-2018 session.

— Steve Patterson

Opinion: Take Parking Away From Treasurer’s Office

Former St. Louis treasurer Larry Williams reminds me of a small town version of New York’s Robert Moses (1888-1981), using the state legislature to give him money & power while also remaining free of oversight. At least Williams got elected. Over & over because St. Louis voters can’t think beyond the incumbent. Moses would’ve been proud of Williams:

The job grew even more powerful and its duties vastly expanded in the 1990s, when Larry Williams successfully lobbied the state Legislature for bonding authority. He went on to create an empire of jobs, parking meters and garages. (Post-Dispatch)

With a few exceptions, if an incumbent runs for another term they’ll be re-elected. Even if they must resign amid scandal they’ll get re-elected.  So when Larry Williams announced in 2012 he wouldn’t seek another term, there was suddenly a chance for other politicians to move up to a cozy position.

In the 2012 Democratic primary for St. Louis Treasurer only one of the four candidates questioned the logic of a treasurer being responsible for parking This candidate, as a then-state rep, also indicated having the knowledge & experience necessary to change state law back to the way it was before longtime treasurer Larry Williams had it changed to give himself more money & power.  This candidate for treasurer said numerous times they didn’t want to be a “parking czar.”

This was exactly what I wanted to hear. But after winning the primary, general, and being sworn into office the tune, however, was different. I liked Tishaura Jones before she became what she explicitly said she didn’t want to be — a parking czar. Regardless of who is treasurer, it makes no sense to continue Williams’ self-serving manipulation of the state legislature. In the recent non-scientific Sunday Poll more than half agreed — though the number of votes was low:

Q: Agree or disagree: City parking responsibilities (& revenues) should remain within the County-level Treasurer’s office

• Strongly agree 3 [12.5%]
• Agree 1 [4.17%]
• Somewhat agree 3 [12.5%]
• Neither agree or disagree 0 [0%]
• Somewhat disagree 1 [4.17%]
• Disagree 3 [12.5%]
• Strongly disagree 11 [45.83%]
• Unsure/No Answer 2 [8.33%]

Hopefully the latest lawsuit challenging the constitutionality of this odd arrangement will be successful.

— Steve Patterson