State Senator Adam Ebbin celebrated a win on Sunday as the Virginia legislature approved the decriminalization of possession of small amounts of marijuana.
Under the new legislation, recreational marijuana will remain illegal, but the penalty is reduced to a $25 civil fine rather than the current penalty of up to 30 days in jail and a $500 fine. The decriminalization also includes hash and oil concentrates, of which it is currently a felony to possess, according to Virginia Mercury.
It’s been a long-running fight for Ebbin, who represents parts of Arlington and has frequently proposed decriminalization laws with limited success.
“This is going to make a tremendous difference in up to 30,000 Virginians lives who receive a criminal charge each year,” Ebbin told ARLnow. “They’ll no longer have the repercussions that come with a criminal charge. I think we’ll be in a much better place with a modest fine.”
Ebbin described decriminalization as a necessary step forward. Legalization is the eventual goal, and Ebbin’s legislation has faced some pushback from advocates like the ACLU who says it doesn’t go far enough.
Ebbin said a study of the impacts of decriminalization — which was also approved by the newly Democrat-controlled legislature — is necessary before the state can more broadly legalize marijuana.
“I want to make sure we get it right in terms of taxation, distribution, keeping it away from minors,” Ebbin said. “Those are all things to be considered as we come up with the structure. No state, to my knowledge, has ever legalized without decriminalizing first.”
The bill still has to be signed by Governor Ralph Northam, but if it is, Ebbin noted that decriminalization would take effect on July 1.
The move toward decriminalization was celebrated by some on Twitter, including Arlington Commonwealth Attorney Parisa Dehghani-Tafti, who was elected last fall with a platform that included ending prosecution of some marijuana possession cases.
Great news and a good first step. Thank you @AdamEbbin for your leadership.
Virginia lawmakers vote to decriminalize marijuana, set $25 civil penalty for possession – Virginia Mercury https://t.co/SgOHNYVB4P
— Parisa Dehghani-Tafti (@parisa4justice) March 8, 2020
Ebbin said the next steps are to work on the study and get more information to start on the path to legalization.
“[Then] we can start to work on the structure by which we might legalize or introduce legislation to legalize, but I don’t want to put the cart before the horse,” Ebbin said. “Nothing decriminalized until July 1, but I think it would put us in a good place.”
There is one thing I have found that my libertarian Republican and social justice Democrat friends can mostly agree on — it is high time Virginia passes marijuana reform.
It is my opinion that: 1) marijuana should be governed similarly to alcohol, legal at age 21; 2) doctors at hospitals or assisted living facilities should be able to administer prescriptions to anyone; and 3) we should create an automatic expungement process for people previously convicted over 21 and have a clear path to expungement for those under 21 for both marijuana and alcohol.
Right now the legislature is favoring bills HB 972 by Del. Charnell Herring (D), and SB 2 by Arlington state Sen. Adam Ebbin (D), both supported by Governor Northam (I will refer to these as “the favored bills”). In the favored bills, jail time is eliminated, a reduced civil fine of $50 is implemented, the possession amount to be charged would increase from half an ounce to one ounce, and an expungement path would be created.
These are good first steps, but we can and should do more.
Decriminalization vs. Legalization
The favored bills would decriminalize, not legalize, marijuana possession for adults. While a step in the right direction, I believe this is a missed opportunity.
Perpetuating an underground marketplace for sale is bad policy for two reasons. First, the government cannot impose a sales tax on something that should be a known transaction. In Colorado after just 5 years of legalization, the state has collected over $1 billion in tax revenue. Second, selling on the black market provides opportunity for marijuana to be mixed with harmful substances and makes it difficult for consumers to understand the breakdown of THC vs. CBD in their product, to the detriment of public health.
HB 1507 introduced by Del. Jennifer Carroll Foy (D) and supporters by Arlington’s Del. Patrick Hope (D), would support legalization.
There are currently only five facilities, one in each region of Virginia, that can administer medical marijuana. HB 347 by Del. Glen Davis (R) would allow for two facilities in each region, and SB 185 by state Sen. Siobhan Dunnavant (R) would allow nursing homes and assisted living facilities to administer cannabidiol and THC-A oil.
Again, while these are steps in the right direction, this will not do enough to fight the opioid epidemic. I am surprised by a lack of movement here by Democrats.
The favored bills would allow a person to petition for expungement after fines have been paid. If we are just going to decriminalize, this seems inherently discriminatory to those who cannot afford a lawyer and an unnecessary bureaucratic hurdle that should just be an automatic process. This automatic expungement for marijuana offenses and underage alcohol possession would be tackled in SB 289 by Sen. Creigh Deeds (D), and SB 306 by Sen. William Stanley (R).
Trash Collection Cancelled — Updated at 8:55 a.m. — Trash and recycling collection is cancelled today, according to Arlington’s Dept. of Environmental Services. Christmas tree and brush collection will be completed as normal, however. [Twitter]
Rep. Beyer Calls for Peace — Rep. Don Beyer (D-Va.) tweeted the following after Iran’s airstrike on U.S. military bases in Iraq — a response to the U.S. killing of a top Iranian general: “De-escalate. Exercise diplomacy. Talk. Listen. Give peace a chance.” [Twitter]
Civ Fed Worries About Upzoning — “‘None of us are interested in destroying all our single-family neighborhoods,’ new County Board Chairman Libby Garvey said during the board’s Jan. 2 meeting with the Arlington County Civic Federation… At the forum, Garvey promised that the Civic Federation would play an integral role in any civic-engagement process that transpires in coming months. She reiterated the board’s position that zoning changes are not a done deal.” [InsideNova]
Board Defends Amazon’s Housing Contribution — “Arlington County Board members are defending their decision to trade additional office-building density for affordable-housing funding, but the decision provoked tension with some delegates to the Arlington County Civic Federation. Meeting with board members on Jan. 2, several federation members asked why the county government had decided to allocate all the $20 million contribution from Amazon to affordable-housing efforts.” [InsideNova]
Marijuana Possession Cases Dismissed — In court Tuesday, Arlington’s new top prosecutor successfully sought for judges to dismiss charges against those charged with simple marijuana possession. [Twitter]
Police Investigate Pike Robbery — A portion of westbound Columbia Pike was shut down near S. Glebe Road early Tuesday morning while police investigated a robbery. An ACPD spokeswoman told ARLnow that a victim was robbed and suffered minor injuries; no weapon was involved in the robbery. [Twitter]
New Coworking Space Coming to Crystal City — “Hana is coming to Greater Washington, and it’s going to be neighbors with HQ2. CBRE Group has picked a Crystal City office building to serve as the first East Coast location of its flexible space concept, named after the Hawaiian word for work.” [Washington Business Journal]
Local Pawn Shop Helps Return Lost Ring — “Mary Nosrati, a certified gemologist who works at a pawnshop in Arlington, Va., likes to say that every diamond has a story. This is the story of Marsha Wilkins’s diamond, of how it was lost and how it was found.” [Washington Post]
Now that she has defeated incumbent Theo Stamos, Tafti is likely to have the opportunity to keep her campaign promise while in the prosecutor’s office.
More from the candidate’s website:
Between 2013 and 2018, the current Commonwealth’s Attorney’s office prosecuted over 3200 cases of simple marijuana possession. African-Americans are at least 8 times more likely to be arrested for marijuana possession than whites, despite the fact that studies show that different racial groups use marijuana at about the same rates. Marijuana should be the subject of civil regulation, but we should put our limited prosecutorial resources to better use focusing on serious crimes. Parisa will not prosecute simple possession of marijuana and support decriminalization and legalization, with appropriate government regulation.
The Arlington Green Party supports that stance, penning an open letter just before primary day calling for Stamos to “stop prosecuting people caught with small amounts of marijuana in Arlington.”
“Arlington police and prosecutors should concentrate on crimes of violence and significant felonies, and not waste our public dollars jailing and prosecuting mostly youth caught with a marijuana cigarette,” the party said in an email.
What do you think?
Rosslyn Shooter Sentenced — “A man who worked as an investigator for conspiracy theorist Jack Burkman will serve nine years in prison for shooting and wounding his ex-boss” in a Rosslyn hotel parking garage. [Washington Post]
Marijuana Arrest Disparity — “African Americans were more than eight times more likely than whites to be arrested for marijuana crimes in Arlington from 2010-2016.” [Bacon’s Rebellion]
More on Long Bridge Plan — “New plans call to double the number of railroad tracks over the Potomac River between DC and Arlington, and to build a new pedestrian/bicycle bridge between Southwest Washington and Crystal City.” [Greater Greater Washington]
New Gym Coming to Arlington — “Blink Fitness is gearing up to expand into Northern Virginia with five new locations in Arlington, Alexandria and Fairfax. Northern Virginia-based Cove Fitness LLC inked the 10-year agreement with the New York fitness chain to bring gyms to the region that will create about 70 jobs and occupy 90,000 square feet.” [Washington Business Journal]
Crystal City Still in Spotlight — “I spent a day in Crystal City, Virginia — and it’s easy to see why Amazon picked it for its new HQ2 headquarters.” [Business Insider]
Most Elaborate Cubicle Xmas Decoration Ever? — At WJLA in Rosslyn, a TV director named Mason Herndon has converted his office cubicle into a log cabin complete with fake snow, a fake fireplace and Christmas lights. [Twitter]
Flickr pool photo by Tom Mockler
Local Investment Firm CEO Arrested — Todd Hitt, the founder of Falls Church-based Kiddar Capital, was arrested by the FBI and charged with securities fraud last week. Hitt was developing a new company headquarters in Falls Church. He made headlines as a young housing developer in the 1990s for clashing with Arlington neighbors while building what residents dubbed “McMansions.” [Tysons Reporter]
More White Nationalist Posters Spotted — A reader says he saw more white nationalists posters around Clarendon over the weekend. The reader, who wished to remain anonymous, says he removed the posters after photographing them. [Twitter]
New 1100 Wilson Blvd Rooftop — “Monday Properties hosted a VIP event for real estate brokers Wednesday evening to showcase the 6,200-square-foot indoor-outdoor space atop the 31-story building, part of the two-building The Towers. It is being unveiled as landlords in Rosslyn and across Greater Washington seek to up their communal spaces to appeal to tenants who increasingly want more than just office space to attract and hang onto employees.” [Washington Business Journal]
Bamboo Removal This Week — “Arlington County contractors will be removing bamboo in Benjamin Banneker Park during the week of Oct. 8. Depending on weather conditions, treatment is expected to conclude by Friday, Oct. 12.” [Twitter]
Maryjane Arrested for Car Theft, Weed — “Police caught a woman named Maryjane in Ballston who they say stole a car in Fairfax County — and they also hit her with a marijuana charge.” [Patch]
Windfall for Ballston Company — “Arlington-based AvalonBay Communities Inc. expects to clear north of $450 million from the sale of a majority stake in five Manhattan apartment communities.” [Washington Business Journal]
2000th Morning Notes Post — This is Morning Notes post No. 2000. ARLnow.com launched in January 2010.
Police Searching for I-66 Wrong-Way Driver — Police are still looking for the driver who crashed into another vehicle while driving the wrong way on I-66 near Rosslyn early Sunday morning, after being chased by a uniformed Secret Service officer who spotted the car driving the wrong way in D.C. [Fox 5, WTOP, Twitter]
Vehicle Crashes into House in Barcroft — A vehicle that was driven into the side of a house in the Barcroft neighborhood Sunday morning caused only minor damage to the building, according to the fire department. [Twitter]
Truck Brings Down Power Lines in Long Branch Creek — “Downed power lines caused around 1,000 customers to lose power in Arlington County on Saturday. Dominion Power said a truck ‘snagged’ the lines and broke two of the power poles around 8:15 a.m. It also damaged some vehicles in the area.” [WJLA]
Runner Struck By Car Hopes to Run Marathon — A local runner who was struck by a car while running recently hopes to run the Marine Corps Marathon in the fall despite suffering two broken bones in her foot. [Twitter]
Projects to Transform Crystal City — Six major transportation projects “will play a significant role in transforming the Crystal City area in the coming years.” [Bisnow]
Arlington Teens Arrested in Ocean City — Three teens from Arlington were arrested in Ocean City, Maryland after they pulled over to ask police officers about parking in the area and the officers “immediately recognized the strong odor of marijuana emanating from the vehicle.” They searched the car and found “roughly a half a pound of marijuana along with prescription drugs, methamphetamine, brass knuckles, an assisted opening knife and several items of drug paraphernalia,” plus “a full face mask in the vehicle [and] a .25 caliber handgun.” [The Dispatch]
Dems Still Distributing Print Newsletter — Print may be waning as a medium, but the Arlington County Democratic Committee is still going all-in on its printed campaign newsletter, “The Messenger.” The party is recruiting more than 400 volunteers to distribute the newsletter to homes throughout the county. [InsideNova]
Luis Arnoldo Flores-Reyes, also known as Maloso or Lobo, 37, is alleged to have been engaged in “a racketeering conspiracy that included extortion, drug trafficking, murder and a conspiracy to commit murder” as a member of MS-13’s Sailors Clique.
He is charged with conspiracy to participate in a racketeering enterprise, conspiracy to distribute controlled substances, and conspiracy to interfere with interstate commerce by extortion.
Prosecutors say Flores-Reyes trafficked marijuana and cocaine Langley Park, Md., and extorted illegal business owners in Langley Park and Wheaton, Md. He is also accused of ordering the murders of rival gang members in Houston, Texas.
MS-13 is an international gang with ties to El Salvador and is one of America’s largest street gangs.
More from a U.S. Justice Department press release:
A federal grand jury returned an indictment yesterday charging an alleged MS-13 member residing in Arlington, Virginia with
The indictment was announced by Acting Assistant Attorney General John P. Cronan; Acting U.S. Attorney Stephen M. Schenning for the District of Maryland; Special Agent in Charge Andre Watson of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Assistant Director in Charge Andrew W. Vale of the FBI Washington Field Office; Special Agent in Charge Karl C. Colder of the U.S. Drug Enforcement Agency (DEA); Chief Henry P. Stawinski III of the Prince George’s County Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; Chief Douglas Holland of the Hyattsville Police Department; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
Luis Arnoldo Flores-Reyes, aka Maloso and Lobo, 37, is charged in a four-count superseding indictment that alleges that from at least 2015 through January 2018, he was a member and associate of the Sailors Clique of MS-13 and that he engaged in a racketeering conspiracy that included extortion, drug trafficking, murder and a conspiracy to commit murder. The defendant is also charged with drug trafficking conspiracy and conspiracy to interfere with interstate commerce by extortion. Flores-Reyes is in custody.
According to the indictment, MS-13 is a national and international gang composed primarily of immigrants or descendants from El Salvador. Branches or “cliques” of MS-13, one of the largest street gangs in the United States, operate throughout Prince George’s County and Montgomery County, Maryland. Eleven other individuals were previously charged in this case with racketeering conspiracy, conspiracy to commit murder in aid of racketeering, drug trafficking conspiracy and conspiracy to interfere with interstate commerce by extortion.
For a period of time beginning at least in 2015 through in or about 2017, members of the Sailors Clique, including Flores-Reyes, are alleged to have extorted owners of illegal businesses in the Langley Park and Wheaton areas of Maryland, with the extortion proceeds being sent to El Salvador to benefit MS-13. In addition, between 2015 and 2018, members of the Sailors clique, including Flores-Reyes, are alleged to have trafficked narcotics, including marijuana and cocaine in Langley Park, Maryland, with the proceeds benefiting the gang.
More specifically, in January 2018, Flores-Reyes gave directions to members of MS-13 in Houston, Texas that they should purchase a gun and shoot rival gang members who were believed to have killed a member of MS-13. On or about Jan. 28, 2018, members of MS-13 in Houston, Texas shot at and attempted to kill suspected rival gang members while Flores-Reyes and other MS-13 members, including MS-13 members in El Salvador, monitored the shooting by phone.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent until proven guilty at some later criminal proceedings.
Trial Attorney Catherine K. Dick of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorneys William D. Moomau and Daniel C. Gardner of the U.S. Attorney’s Office for the District of Maryland are prosecuting this case.
Photo via U.S. Immigration and Customs Enforcement
(Updated at 4:45 p.m.) A suspended Taylor Elementary gym teacher, accused of smoking pot in the school, has pleaded guilty to marijuana possession.
Luke Lloyd of Fairfax, Va. entered the plea Tuesday morning before Arlington General District Court Judge Frances O’Brien. He was sentenced to serve 30 days in jail, with 20 days suspended. He was also ordered to complete 100 hours of community service, pay a $500 fine and complete substance abuse treatment, we’re told.
Lloyd began serving the net ten day sentence on Friday. Most first-time marijuana offenders walk free, but Commonwealth’s Attorney Theo Stamos said her office pushed for a stiffer sentence.
“It’s typical for a first time possession of marijuana case to result in a deferred disposition,” Stamos said. “My office, however, argued against such an outcome given the particular facts of this case. Those facts include what appears to have been a rather steady course of use, at times at the school, that we learned about from an anonymous tip to ACPD.”
A second Taylor P.E. teacher nabbed by police, Michael Diaddigo, was also facing possession of marijuana charges, which have since been dropped. Stamos, however, said charges against Diaddigo are expected to be filed soon in Arlington County Circuit Court, which typically handles more serious criminal cases. Stamos declined to elaborate on the charges, since the case is pending.
Lloyd and Diaddigo were both suspended without pay by Arlington Public Schools “pending the outcome of the legal case,” a spokesman said. So far, there is no word on Lloyd’s employment status following the plea. A third Taylor P.E. teacher who was accused of smoking marijuana at the school is currently on administrative leave.
Levine is chief co-patron on H.B. 1251, introduced by Del. Ben Cline (R-24), which advanced from a subcommittee of the Virginia House of Delegates’ Courts of Justice committee.
It would make medical marijuana, made from cannabidiol oils that can be used for medical purposes after being derived from the flowers of cannabis plants, legal as of July 1, 2018.
The bill would allow physicians to recommend the use of medical cannabidiol oils, going further than a bill introduced by Levine — H.B. 137 — that would have allowed its use only for cancer patients.
He introduced the same legislation in 2017, but it failed in subcommittee. Since then, Levine said he has worked to show lawmakers on both sides of the aisle the benefits of legalization, including Cline, who said he was “pleased with what I’m hearing. I’m hearing developments that I haven’t heard before,” in a hearing last year.
“I’ve long advocated for reform of our outdated and unnecessarily punitive marijuana laws,” Levine wrote in an email to supporters. “Those of you who know me personally know I’ve never even tried cannabis… But just because something physically disgusts me does not make me blind to the scientific fact that non-psychoactive cannabidiol oils from cannabis — oils that don’t get you “high” — have proven scientific effects that reduce pain and nausea and even kill cancer cells.”
The legislation still needs to pass both the House of Delegates and the Virginia State Senate, but Levine said he is hopeful of full passage.
“Having counted the votes on full committee and talked to members in both the House of Delegates and the Senate, I am extremely optimistic about the fate of this legislation,” Levine wrote. “I expect this law to pass. I predict cannabidiol oils will be legally prescribed in Virginia for diagnosis or treatment of illnesses beginning in July 2018.”
In a similar vein, bills by state Sens. Adam Ebbin (D-30) and Barbara Favola (D-31) that would have decriminalized the possession of marijuana and reduce penalties for its distribution both failed in committee today (Monday).
Two state Senators who represent sections of Arlington County have proposed bills that would decriminalize the possession of marijuana and reduce penalties for its distribution.
State Sen. Adam Ebbin (D) has re-introduced a bill, SB-111, which would decriminalize simple possession of marijuana and make it a civil offense, rather than a Class 1 misdemeanor, which it is now in Virginia.
Under Ebbin’s bill, violators would be fined no more than $50 for a first violation, $100 for a second violation, and $250 for a third or subsequent violation.
It is not the first time that Ebbin has tried to decriminalize marijuana possession. Last year, his bill stalled in the state Senate’s Courts of Justice Committee ahead of a study this year into decriminalization by the Virginia State Crime Commission.
The Richmond Times-Dispatch reported earlier this month that the commission did not vote on a decriminalization proposal, as it was “not yet adequately drafted for consideration.” It heard testimony on a decriminalization plan in October.
“My marijuana reform legislation will end consequential outcomes for simple marijuana possession, particularly for communities of color,” Ebbin said in a statement last year. “Possession of marijuana shouldn’t impact future employment opportunities, or cause the suspension of your driver’s license.”
Another bill, SB-40 introduced by state Sen. Barbara Favola (D) would reduce the penalties for those who distribute marijuana or intend to distribute it. It also raises the minimum amount of marijuana subject to the offense of distribution or “possession with intent to distribute” from one-half ounce to one ounce.
Both bills have been referred to the Senate’s Committee for Courts of Justice.