JUICE: Final Marijuana Decriminalization & Minimum Wage Votes Imminent // PLUS: Updates on "House of Cards" & More!

Sorry for the long hiatus in posts recently, but my latest "project" is keeping me quite busy these days. And if it is successful, this blog will go through a bit of a transition. But that's a story for another day.

In the meantime, we thought it best to give a quick status check on high profile bills in Annapolis, given that the legislative session ends this coming Monday. It's now or never to get your final emails and calls in to lawmakers, but we already know the outcome of several high-profile battles. Below Maryland Juice provides a quick status check on various hot-button legislative initiatives of interest to politicos:

JUICE #1: MARIJUANA DECRIMINALIZATION FACING "DO OR DIE" VOTE THIS SATURDAY MORNING  //  LAST CALL FOR EMAILS TO MD HOUSE MEMBERS - For the second year in a row, members of Maryland's State Senate overwhelmingly approved legislation to remove jail time as a penalty for marijuana possession. Over a dozen other states have adopted this reform, and polling numbers indicate fewer than 10% of Marylanders believe incarceration is appropriate in these cases. But the bill has faced an oddly tortured debate in the House of Delegates, where Judiciary Chair Joe Vallario seeks to kill the legislation by turning it into a "study commission" bill. Reform advocates are now alerting supporters that there may be a "do or die" vote on the decriminalization bill today (Saturday). Sorry for the late notice. In any case, Maryland Reporter's Len Lazarick posted an article tonight providing some details on the last ditch effort to pass marijuana decriminalization this year (excerpt below):

MARYLAND REPORTER: A wave of support among House Democrats for decriminalizing marijuana is apparently forcing the House Judiciary Committee to reverse itself and approve a Senate bill, SB364, removing criminal penalties for possession of small amounts of marijuana.

The committee earlier this week had turned the legislation into a two-year study of the issue, but Del. Keiffer Mitchell sought to revive the bill on the floor Friday. Floor debate and a potential vote are set for Saturday.

After counting votes for decriminalization, House leaders apparently decided there was too much support for the move the Senate has passed two years in a row to go along with Judiciary Chairman Joe Vallario’s staunch opposition.... Mitchell said the racial disparities in marijuana arrests could not wait another two years....

CONTACT MD HOUSE MEMBERS ASAP: A diverse group of advocates who have joined forces under the umbrella of The Marijuana Policy Coalition of Maryland are calling on residents to contact members of the House of Delegates ASAP. You can send an email to your House members through the link below:

[  EMAIL MD HOUSE MEMBERS TO SUPPORT MARIJUANA DECRIMINALIZATION  ]

The coalition includes groups ranging from the NAACP and ACLU to CASA de Maryland and Equality Maryland. Check out their urgent action alert and contact your House members as soon as possible. The vote on decriminalization is this Saturday, April 5th (excerpt below):

MARIJUANA POLICY COALITION OF MD: Earlier this week, the House Judiciary Committee gutted a decriminalization bill — SB 364 — and turned it into a study that wouldn’t even report its findings until December 2015. Since then, several delegates have made it clear they’re not going to let decriminalizing marijuana die a quiet death.

Members of the Legislative Black Caucus plan to propose an amendment on the House floor to restore the bill to the version that passed the Senate! Please take to the phones to ask your legislators to vote “yes” on the amendment.

If you don’t have time to make a phone call, you can instead send a pre-written email. It only takes a minute to let your voice be heard.

The vote will happen tomorrow (Saturday), so please don’t delay! Every year, about 20,000 Marylanders are arrested for possession of marijuana. Let your delegates know that it’s time for action, not yet another study. It’s past time for Maryland to stop branding its residents as criminals for using a substance that is safer than alcohol....

JUICE #2: MINIMUM WAGE HIKE FACING FINAL VOTE IN MD SENATE // HERE'S WHAT HAPPENED & WHAT COMES NEXT - Throughout the current legislative session, economic justice organizations have been calling on Maryland lawmakers to advance a minimum wage increase. Advocates specifically asked for the following reforms to the state's current $7.25 an hour wage rate:

1. Raise the minimum wage from $7.25 to $10.10 per hour
2. Raise the tipped minimum wage to 70% of the full minimum wage
3. Index the minimum wage to adjust with inflation

THE HOUSE'S VERSION OF THE MINIMUM WAGE HIKE: The House of Delegates took up the minimum wage proposals ahead of the Senate, and The Washington Post reported on the version of the legislation they passed last month (excerpt below):

WASHINGTON POST: The Maryland House of Delegates on Friday approved a plan to increase the state’s minimum wage from $7.25 an hour to $10.10 by 2017.... The bill approved by the House is somewhat less ambitious than what O’Malley (D) proposed....

This week, a House committee struck a provision from the governor’s bill that called for automatic increases in the minimum wage beyond 2017 based on inflation.... Under the bill, individual Maryland counties would be allowed to set higher minimum wages than the state. Late last year, the Montgomery and Prince George’s county councils voted to raise the minimum wage to $11.50 an hour by 2017 in their jurisdictions.... The bill that passed the Maryland House would raise the minimum wage to $8.20 an hour on Jan. 1; to $9.15 an hour on Jan. 1, 2016; and to $10.10 an hour on Jan. 1, 2017.... The committee delayed the implementation date by six months to give businesses more time to adjust.

Lawmakers also carved out an exemption for Six Flags and other seasonal amusement park operators and, in response to pressure from the restaurant industry, changed the way that O’Malley proposed compensating tipped workers.... Tipped employees would have to be paid an hourly rate of $3.63 in addition to tips....

THE SENATE'S VERSION OF THE MINIMUM WAGE HIKE: In short, the House passed a $10.10 minimum wage to be phased in by 2017, but they removed advocates' "indexing" and tipped worker provisions, and they carved out an exemption for Six Flags. Tonight, the Maryland Senate settled on details of their version of the minimum wage bill and a final vote on the bill may happen tomorrow (SATURDAY). The Baltimore Sun reported on specifics within the Senate bill moving forward (excerpt below):

BALTIMORE SUN: Gov. Martin O'Malley's chief legislative priority to raise the minimum wage cleared another hurdle Friday as the Senate granted initial approval after a marathon debate. Lawmakers made 18 different attempts to redraft the proposal that incrementally raises pay for the state's lowest-earning workers from $7.25 to $10.10 by 2018.... the Senate could pass the measure as soon as Saturday....

The Senate created a "training wage" that allows employers to pay workers under 19 years old a lower rate for the first six months on the job. It also tied in the minimum wage increase to a hike in state pay for caregivers of the developmentally disabled, a plan that carries a $30 million price tag....

So the Senate's version of the minimum wage increase delays full implementation an extra year, compared to the House bill. Meanwhile, the exclusion of young workers is another twist in the narrative. Activists from the Raise Maryland coalition described the status of the minimum wage debate tonight (excerpt below):

RAISE MARYLAND: The Senate has completed the second reader of their version of the minimum wage bill, with one more scheduled for tomorrow (Saturday, April 5th). Unfortunately, their bill moved the phase-in period back so the minimum wage will not reach $10.10 until 2018, and it did not unfreeze the tipped minimum wage. However, this is still a big victory, given that advocates have been trying to raise Maryland's minimum wage since 2006. We look forward to both the Senate and House passing this bill right away!

Many of us are disappointed that the effort has been watered down, especially because removal of indexing means we will now be forced to fight for cost of living adjustments perpetually. But the context of the fight was happening in a seemingly polarized environment, as reported by WBAL (excerpt below):

WBAL: A marathon debate ensued in the Senate on Friday over the governor's minimum wage bill as time winds down before the close of the legislative session. They advanced the bill, paving the way for a rare Saturday voting session, giving both chambers just one day to find common ground.

An 11th-hour appeal arose as supporters of increasing the minimum wage formed a reception line to greet legislators entering the State House, urging them to get the bill on the governor's desk before the session ends midnight on Monday.

Liberal Democrats and conservative Republicans repeatedly tried to amend the legislation and for decidedly different reasons.... Liberal Democrats tried shorten the phase-in and tie future increases to the consumer price index, making a parallel to indexing the eventual elimination of the estate tax... The Senate is expected to take a final vote on the measure Saturday, but some wonder even then whether that's enough time to sort out differences before the session ends Monday....

Indeed, elimination of the tipped worker and indexing provisions is especially disappointing, but it seems these issues may have to return as advocacy efforts in future sessions.


JUICE #3: WHAT HAPPENED TO THE "HOUSE OF CARDS" HANDOUT, ESTATE TAX CUT, SECOND CHANCE ACT, TRANSGENDER BILL & MORE - A few bills of note were approved in recent weeks, and below we flag a few of the higher profile efforts:

TAXPAYER SUBSIDIES FOR THE "HOUSE OF CARDS" TV SERIES: The Washington Post reported last February that producers of the Netflix TV series "House of Cards" were demanding millions of dollars in taxpayer handouts, while threatening to move production out of state if their demands were not met. Actor Kevin Spacey himself even personally lobbied lawmakers for the welfare payment, and Delegate Bill Frick introduced an interesting amendment in response to the extortion. The Washington Post reported on the duel last week (excerpt below):

WASHINGTON POST: Members of the Maryland House of Delegates are still stewing over a threat from the “House of Cards” producers to leave the state if they don’t get millions more dollars in tax credits. So delegates have issued a threat of their own: Sure, go ahead, leave this beautiful place that’s brimming with dedicated workers. But if you do that, state officials might use eminent domain to purchase, condemn or somehow seize your sets, equipment and other property.

The threat was proposed Thursday afternoon by Del. C. William Frick (D-Montgomery) and quickly approved with barely any debate or even a roll-call vote. “I literally thought: What is an appropriate Frank Underwood response to a threat like this?” said Frick, referring to the Netflix drama’s lead character, a charming but conniving politician who murders, blackmails and threatens his way to greater power. “Eminent domain really struck me as the most dramatic response....  It’s a terrific show. I love it. You probably love it,” Frick said on the House floor. But, he added, the threatening letter that Media Rights Capital sent to Gov. Martin O’Malley (D) in January “went a little far....”

But alas, you can usually bet on the house to win, especially if the house in question involves industry lobbyists making lawmakers play "race-to-the-bottom" game theory. The Capital Gazette reported yesterday that legislators removed Frick's "eminent domain" provision from the House of Cards bill, and so Maryland taxpayers will be paying the producers over $18 million to subsidize taping of Season 3 (excerpt below):

CAPITAL GAZETTE: A General Assembly conference committee has done away with a budget provision that would have allowed Maryland to seize the property of the production company for the Netflix television series "House of Cards...."

"House of Cards" is on track to have taken more than $30 million in tax credits through fiscal 2016.... The Senate has passed Senate Bill 1051, which would ramp up funding for the film credit from $7.5 million to $18.5 million....

MARYLAND SECOND CHANCE ACT: A bill to allow nonviolent offenders to shield their records from public view after a few years has passed the House 87-49 and the Senate 43-4. But advocates at the Job Opportunities Task Force were hoping to revive some of the provisions that were amended out during the legislative process (excerpt below):

JOB OPPORTUNITIES TASK FORCE: While we are thrilled that the senate committee listened to all of your calls and emails urging them to resist adopting the harmful amendments from the house bill to the senate bill and pass a clean senate bill, a conviction for theft under $1000 was removed from the list of crimes eligible for shielding.  This means that over 50,000 Marylanders convicted of theft will be unable to shield their record....

SHACKLING OF PREGNANT INMATES : Advocates have been attempting to ban the shackling of pregnant inmates in Maryland in recent sessions. But according to a press release from the ACLU, the bill has finally passed this year (excerpt below):

ACLU: Today, the American Civil Liberties Union (ACLU) of Maryland celebrated passage of House Bill 27, the Healthy Births for Incarcerated Women Act, which would impose restrictions on the shackling of pregnant incarcerated women during labor, delivery, and post-partum recovery. Delegates Mary L. Washington (D-Baltimore City), Ariana B. Kelly (D-Montgomery), and Barbara Robinson (D-Baltimore City), supported by a strong coalition of organizations, introduced HB 27 to ensure that Maryland’s women have protections against this barbaric and dangerous practice. The bill, which passed unanimously, now goes to Governor Martin O’Malley, who will hopefully sign it....

TRANSGENDER NONDISCRIMINATION: We previously reported that an effort to protect transgender residents from discrimination finally passed the Maryland Senate this year. Last week Senate sponsor Rich Madaleno reported that the House of Delegates joined the upper chamber in approving the legislation (excerpt below):

RICH MADALENO: I am thrilled to report that just moments ago, the Maryland House of Delegates passed the Fairness for All Marylanders Act (Senate Bill 212) by a vote of 82-57.  Since the House passed the Senate bill without amendments, it now heads to Governor O’Malley for final approval.  When he signs this legislation, which I proudly sponsored, Maryland will be the 18th state in the nation – plus Washington, D.C. - to ensure equal civil rights protections for transgender persons....

TAX CUT FOR WEALTHY ESTATES: Liberal advocacy group Progressive Maryland has been fighting a cut to the state's estate tax for the wealthiest residents this year. But the organization reports that the State House and Senate approved the tax cut this session (excerpt below):

PROGRESSIVE MARYLAND: Governor Martin O'Malley must soon decide whether to sign or veto HB 739, one of the General Assembly's most misguided bills to gift Maryland's wealthiest 3% a wholly unwarranted major tax cut at the expense of the rest of us. As Dan Rodrick's recent column in the Baltimore Sun, With Democrats like these, who needs GOP?, explains:

"If Gov. Martin O'Malley signs it into law, the measure would raise the amount of an estate exempt from Maryland's tax from 1 million to nearly 6 million. The new exemption would cost the state more than 100 million in annual revenue by 2019, when it would fully take effect. Over the five-year phase-in, the loss to the state would be an estimated 431 million..."

This bill’s passage through the House and Senate is grossly ironic, given the struggles of so many families and recent disclosure that Maryland's in a budget hole that could place state employee pension funds on the chopping block. Politicians' arguments that Maryland isn’t competitive enough and that wealthy might move away if they don't cut this tax run counter to the facts....

MOCO SCHOOL CONSTRUCTION DOLLARS: Though lawmakers found funding to cut $431 million in taxes for wealthy estates and $18 million for Kevin Spacey's TV show, it appears that Montgomery County is not going to get increased funding for its overcrowded schools. The Gazette reported on the news Friday (excerpt below):

GAZETTE: Maryland has three days left in its legislative session and ... Montgomery County’s top priority for the session appears to be headed nowhere. The session ends at midnight Monday. Montgomery County has been pushing since the outset of the 90-day session in January to establish a dedicated program that would provide the county with school construction funding. As of Thursday, both proposals to do just that are mired in committees with no hope of advancing. Montgomery asked for up to $20 million in extra school construction matching funds from the state by way of either a capital grant or an application program....

JON CARDIN INTERVIEW PART 2: Attorney General Candidate Talks About Marijuana Legalization & Agricultural Pollution

This is part 2 of 3 of Maryland Juice writer Dan Furmansky's exclusive interview with Delegate Jon Cardin (a candidate for Attorney General).

ARTICLE 2 OF 3: JON CARDIN ON REDUCING RECIVDIVISM, MARIJUANA REFORM, & AGRICULTURAL POLLUTION

SECTION 1: JON CARDIN ON THE WAR ON DRUGS, RECIDIVISM & MARIJUANA REFORM

DAN FURMANSKY: There has been a great deal of discussion lately about mass incarceration, especially as it relates to the War on Drugs. The ACLU report you no doubt saw has pointed out the massive disparities in marijuana-related arrests among blacks and whites in Maryland, despite the fact that usage rates among the two communities are completely comparable…

JON CARDIN: The report just said not quite, I think 2.9 or 3 percent…no, 3 times more likely if you’re black to be arrested and incarcerated for marijuana use than if you’re white. I mean, that’s outrageous when usage is essentially equal.

DAN FURMANSKY: So let me ask you this: Some support a bill by your colleague from District 11 [Sen. Bobby Zirkin] to make possession of very small amounts of marijuana a civil, rather than a criminal, offense. But this is considered by many to be merely a band-aid, unfortunately, because law enforcement will still use alleged marijuana possession to target people based on race and it doesn’t do anything to drive away the underground market and regulate who is growing and who is selling marijuana, and to whom, in our state. With Colorado and Washington replacing marijuana prohibition with taxation and regulation of marijuana, do you feel Maryland is ready to make a similar move?

JON CARDIN: I support Senator Zirkin’s bill, number one. Number two, I have supported the movement towards not just decriminalization, but to…the ability to tax and regulate—legalize, tax and regulate—the use of marijuana. I think that not only is this an opportunity for revenue, it’s an opportunity to reduce or get rid of the black market and it allows us to kind of handle firsthand, the inappropriate use in a way that can be dealt with cheaper than incarceration and through the legal process, but rather through an intervention process.

I think that recreational use is…could…will…let’s be transparent here…create other issues, and possibly, other legal ramifications, and cultural, and community ramifications that need to be considered. But I am certainly open to the conversation about doing it, because we need to look at new, next-generation ways of controlling the problem side and to providing a community that actually works well together.

DAN FURMANSKY: As the top law enforcement official, how would you advocate for reforms that would reduce crime and recidivism in the state of Maryland?

JON CARDIN: Um…I would contend that you, you said the top law enforcement official?

DAN FURMANSKY: Yeah. Is that a fair assessment of the role of Attorney General?

JON CARDIN: Yeah, the Attorney General does have a capacity to deal with law enforcement. In the criminal system, obviously it focuses on the appeals process. The first thing I would do is, number one, if the state's attorney sent me a case that was in any way polluted with racial profiling, I would refuse to take and handle that appeal. Period. And what that says is that…the state's attorney needs to be very, very…focused on doing the right thing and making sure that all their i’s are dotted and t’s are crossed.

In terms of recidivism, we have tremendous opportunities and we have a terrible record of, you know, 80% recidivism in certain arenas. But we know the answer. There are programs that have shown dramatic decrease in recidivism like the Maryland Cares—I’m going to get the name wrong, but I have to jog my memory for it—which is a program for re-entry of violent crime individuals where you have a person go in and work with an individual, an inmate before they are released, in advance, close to when they are going to be released, and work with the family to set them up and prepare them for re-entry. [The Maryland Correctional Enterprises CARES program]. And it has shown a more than 40% drop in recidivism.

The problem is funding, and the issue that we have is how can the Attorney General help advise the Administration and Department of Corrections and the Governor's Office on crime prevention or making sure that those programs are funded because when we’re paying up to $50,000 a year for an inmate versus a couple thousand dollars a year to have these re-entry programs done, it’s a no brainer to make sure that happens.


SECTION 2: JON CARDIN ON THE AGRICULTURAL POLLUTION & THE ENVIRONMENT
DAN FURMANSKY: Quick question on ag [agricultural] pollution.

JON CARDIN: 1029? Senate Bill 1029?

DAN FURMANSKY: Was that the Ag Certainty bill? Yes, I wanted to positively call out your vote…on the so-called Ag-Certainty bill. [Editor's Note: Del. Cardin was one of 27 legislators to vote against the “Maryland Agricultural Certainty Program” legislation which would grant certain agricultural operations a whopping 10-year exemption from new rules to protect water quality. The bill passed and was signed into law by Gov. O’Malley. Del. Braveboy supported the legislation, while Del. Frick and Sen. Frosh also voted against it.]

Farming in Maryland remains the largest source of pollution to the Chesapeake Bay, and within agriculture, it is manure application to fields that takes the pollution prize. A 2010 study estimated that farms on Maryland’s Eastern Shore produce 300,000+ tons of excess poultry litter beyond the capacity of local cropland to assimilate nutrients. And of course the vast majority of farms on the Eastern Shore are part of the factory farming system, where they are contracted to either grow chickens as food crops or provide soy or grains as feed to one of the so-called multi-billion dollar integrators who produce poultry, such as Tyson, Perdue, and Mountainaire.

It’s clear that if we in Maryland don’t successfully address the issue of poultry manure that comes from this factory system, we won’t get clean water. Given this, how will you prioritize enforcing the Clean Water Act against the poultry industry, including these big poultry integrators who operate their grower facilities?

JON CARDIN: Number one, I mean obviously, you have to look at each case as it comes and determine whether there is a legitimate case and a legitimate issue and then devote the resources appropriate to the issue. My goal, my vision and my philosophy has been always been ends-tested programs. What is it that we’re trying to accomplish? We’re tying to accomplish a cleaner Chesapeake Bay. If we are, what’s the way to get there? The way to get there is to mediate the use of these environmental hazards in a way that’s more expeditious, less expensive than litigation and actually accomplishes our goal faster and in more friendly environment and I will do that. And if it means I have to go after the bad actors to demonstrate that those of you guys who are on the verge better clean up your act, then we’ll do that as well. I don’t believe that the status quo will work because our Bay depends on us on figuring out how to clean it up. But I also believe that we have to also look at other ways than simply just litigating our way out of it. I just think that that’s going be too slow, laborious, and expensive.

DAN FURMANSKY: Have they done much litigation? I mean Attorney General Gansler hasn’t done any ag litigation in Maryland….

JON CARDIN: Hudson Farms. [Editor's Note: The case at hand involved litigation against Perdue and its chicken-raising contractor on the Lower Eastern Shore, the Hudson Farm, for allegedly violating the Clean Water Act and polluting the Pocomoke River and Chesapeake Bay. The plaintiffs lost the case when the judge found the point source of the pollution could plausibly have been cattle roaming on the farm, as opposed to chicken litter, and cattle manure in this case was not covered under the Clean Water Act. Notably, the Hudsons did not file a nutrient management plan, as required by law, for five years, and also acknowledged that they failed to conduct a soil test on the farm, despite being required to do so every three years. Nevertheless, following the resolution of the case, the House of Delegates authorized $300,000 in taxpayer money for the legal fees of Alan Hudson, the farmer.]

DAN FURMANSKY: I mean, that wasn’t the state’s involvement. That was the University of Maryland Environmental Law Clinic.

JON CARDIN: The Attorney General’s Office gave…he didn’t have his hands on it, but the Attorney General’s Office was certainly involved in making sure that was proceeding. It had to. They’re the ones who are given the authority to do that kind of thing…

DAN FURMANSKY: My understanding of it was that it was litigated by the Waterkeeper Alliance with the assistance of the University of Maryland Environmental Law Clinic. From conversations that I’ve had, with some of the attorneys who had been involved in the case, I don’t think they felt that the Attorney Gansler was aggressive with Maryland-based ag polluters.

JON CARDIN: Obviously he has not been the lead on anything, I don’t think they were directly involved, but they were certainly aware of what was going on and they were…they did not stop the litigation even at the point they realized that was going to fail.

DAN FURMANSKY: So let me ask you a specific legislative question: there was an amendment to the budget reconciliation bill that gave the Board of Public Works the authority to grant funding to recoup the legal expenses of the Hudson farm. Did you vote for that?

JON CARDIN: I don’t remember what I did, but I probably would have. I mean, let’s be honest, the state lost the case. [Editor’s Note: this was not a case litigated by the state, but by the Waterkeeper Alliance].

DAN FURMANSKY: Would we reimburse any other industry? I mean the Hudsons, they are businesspeople. They run a business in Maryland. Shouldn’t this be a part of the cost of doing business in Maryland?

JON CARDIN: Uh, so, attorneys fees is a whole separate question. The question is…do we allow attorneys fee for any business…and I am open… I believe that if you do allow attorneys fees, you give incentives for people to really figure out which issues are the ones that are the most important to litigate, or which ones are the strongest to litigate. Because we as a society cannot afford…I just don’t think we can afford to make litigation our only way of improving the environment. It’s got to be an open, transparent conversation, I just philosophically believe that.

DAN FURMANSKY: Some people say that the case shone the spotlight on the fact that in Maryland, these nutrient management plans are secret. They are shrouded in secrecy. Somebody from the general public…

JON CARDIN: That’s a 1029 issue also.

DAN FURMANSKY: Do you support making nutrient management plans open and available for the public to see?

JON CARDIN: I have no problem with transparency. I know that there are trade secret issues that are out there and I think there are ways to create transparency, or at least to provide information, even if it’s through confidential communication, in order to make sure that, you know, we can actually use our finite resources to go after folks that are actually the real bad actors.

DAN FURMANSKY: Traditional point sources of pollution under the Clean Water Act (such as power plants and wastewater treatment plants) view water pollution trading as a way to avoid meeting current Clean Water Act permit requirements. Another words, instead of upgrading plants to meet permit limits, they purchase the right to pollute. How will you enforce permits where point source facilities can purchase their way out of compliance?

JON CARDIN: Again, looking at the office of Attorney General, the question is: what are we allowed to do? And how can we enforce that if it’s legal? But from a public policy standpoint, my goal would be to clean the Bay. And if this is working against that goal, then we need to work both from the perspective of the Attorney Generals’ Association—the National Attorney Generals’ association, NAAG, as well as contacts that we have in Washington, D.C. to make sure that—I’m assuming this is federal by nature—and certainly I have plenty of contacts from my old life in D.C. and from my family and other folks to be able to work with them to make sure that the end goal is what’s accomplished and not a way of getting around it through the mechanisms that are aimed to…to try to improve, but in a much more, I guess, slower or inefficient way.


STAY TUNED FOR PART 3 OF 3 OF OUR EXCLUSIVE INTERVIEW WITH JON CARDIN SOON!

VIDEO: Maryland Juice Blogger David Moon Asks Doug Gansler About Drug War // PLUS: Obama Changes Tune on Marijuana

UPDATE: Maryland Juice must have a good read on where progressive policy is headed, because The Washington Post reported today that the Obama administration will not fight states that have legalized marijuana distribution (excerpt below):

WASHINGTON POST: The Obama administration on Thursday said it will not stand in the way of Colorado, Washington and other states where voters have supported legalizing marijuana either for medical or recreational use, as long as those states maintain strict rules involving distribution of the drug.

In a memo sent Thursday to U.S. attorneys in all 50 states, Deputy Attorney General James M. Cole detailed the administration’s new stance.... The memo directs federal prosecutors to focus their resources on eight specific areas of enforcement, rather than targeting individual marijuana users, which even President Obama has acknowledged is not the best use of federal manpower. Those areas include preventing distribution of marijuana to minors, preventing the sale of pot to cartels and gangs, preventing sales to other states where the drug remains illegal under state law, and stopping the growing of marijuana on public lands....

BACKGROUND: About two weeks ago, Maryland Juice attended a Montgomery County forum with Attorney General Doug Gansler on transportation issues. This was only one day after Gansler had been roundly criticized in the media for implying that Lt. Governor Anthony Brown's campaign was focused on the color of the candidate's skin. But rather than pile-on the follow-up coverage of the remarks, I decided to pursue a more substantive line of questioning for Doug Gansler on race issues in Maryland.

At the August 13th forum with Gansler, I had the perfect opportunity to jump into the conversation, when an audience member started asking Gansler about U.S. DOJ Chief Eric Holder's recent decision to focus on addressing the issue of mass incarceration. Indeed, Holder recently announced a new effort to reform mandatory minimum sentencing rules and use of prosecutorial discretion. Gansler's response to the audience member focused on his newly announced effort to facilitate the re-entry of prisoners into the civilian population, so I decided to ask a follow-up question.

THE PERILS OF SMOKING WHILE BLACK IN MARYLAND - It seemed to me that Gansler's focus on re-entry issues was only 1/4 of a response to the problem of mass incarceration, as re-entry deals with people leaving prison, without addressing whether these non-violent offenders should be incarcerated in the first place.  I've been noting for months that it is impossible to tackle America's lust for imprisoning the poor and people of color without addressing our decades-long failed "War on Drugs" policy advanced through Presidents ranging from Nixon, Reagan, Bush, Clinton and now Obama. Though Democratic policymakers around the nation have begun aggressively attacking this problem at its roots, Maryland Democrats have ordinarily dragged their feet on such issues.  The result is a cost of nearly $200 million a year to prosecute marijuana crimes in Maryland, and the U.S. now has the world's largest prison population -- despite having a much smaller population than say, China. Even worse, the ACLU recently reported that black residents of Maryland are over 3 times more likely than white residents to be busted for pot crimes -- despite equal rates of use between the races.

Below you can watch an exclusive video of Doug Gansler's response to a problem that the ACLU has dubbed "Smoking While Black." In the comments below, Gansler states: "It's a real issue and the whole marijuana issue has been dealt with I think appropriately, differently in many states. Where we go with that here, I think we're actually taking a very good approach to it in my own personal view. But the racial component is something that should always be of concern... We have to have a full understanding that it's disproportionately affecting minority communities."



Let's see if Attorney General Doug Gansler (and other gubernatorial candidates) will walk the talk when the issue emerges again in the next legislative session.

GOOD MD BILLS: 1) Privacy for Minor Crimes, 2) Ban Shackling While Pregnant, 3) End Pollution Subsidies, 4) End of Life Care

HELP THESE GOOD MARYLAND BILLS PASS THIS SESSION - There have been many high profile pieces of legislation debated in Annapolis this session (eg: death penalty, gun control, and the gas tax). But out of sight of the cameras and press corps are a number of common-sense proposals to solve real problems, albeit on a smaller or less sexy scale. Below Maryland Juice highlights several "good" bills that could use more attention (and your help) right now.  Details on our four highlighted bills are below, and you can find your elected officials' contact information online.

GOOD BILL #1: END MARYLAND'S SUBSIDIES FOR "BLACK LIQUOR" // DEL. CHARLEY BARKLEY OF MOCO MAY BE KEY VOTE - Delegate Johnny Olszewski & Senator Rob Garagiola have sponsored worthwhile legislation to promote the environment and end unnecessary corporate welfare in Maryland. HB 1102 & SB 684 would close a loophole in Maryland's renewable energy laws that allow old polluting facilities to qualify for renewable energy credits.

Under current state law, Marylanders pay a subsidy each month on their electric bills that actually rewards producers of greenhouse gas pollutants and other air toxins. Old paper mills -- most of them out of state -- currently exploit a loophole in state law to claim renewable energy credits for burning a substance called “black liquor.” In 2011, almost half of Maryland's renewable energy dollars (nearly $4 million) went to out of state facilities that do not need or deserve this subsidy.

HB1102/SB 684 will phase out old biomass facilities and only allow new and efficient biomass to qualify for renewable energy credits. The bill also has a provision that continues financial support for the one Maryland paper mill (Luke Mill). The bill recently passed the Senate Finance Committee by a bipartisan 9-2 vote, but lobbyists (mostly representing out-of-state paper mills) have descended on Annapolis to kill the bill in the House.

ACT NOW TO ADVANCE THE BILL IN THE HOUSE ECONOMIC MATTERS COMMITTEE: Sources indicate that a vote on "black liquor" subsidies will be held in the House Economic Matters Committee any day now and Delegate Charles Barkley from District 39 in Montgomery County is a key committee vote. Please give him a call or send him an email today to urge his support on HB 1102 at charles.barkley@house.state.md.us or (410) 841-3001. The Chesapeake Climate Action Network's action alert on the "black liquor" subsidies provides a quick summary of  HB1102:

CHESAPEAKE CLIMATE ACTION NETWORK: Maryland's most important clean energy law -- the Renewable Portfolio Standard (RPS) -- was intended to ensure that an increasing percentage of our electricity comes from true clean energy sources, like wind and solar power. Instead, a big loophole is currently allowing nearly half of our state's renewable energy dollars to pay for dirty sources of energy -- a paper mill by-product called "black liquor" and wood waste. Spending Maryland ratepayer money on these old, polluting energy sources is a rip-off for our climate, our health and our economy. A key committee vote on a bill to close this loophole -- HB 1102 -- could come as soon as today, and one of YOUR state delegates will help decide the outcome.

 [ ACT NOW: CONTACT HOUSE MEMBERS RE: HB1102 ]  

GOOD BILL #2: ALLOW RESIDENTS TO SHIELD MINOR NONVIOLENT "CRIMES" FROM PUBLIC VIEW AFTER A FEW YEARS // CONTACT STATE SENATORS - A group of Maryland lawmakers is attempting to bring some sanity to our criminal "justice" system by allowing residents to shield minor crimes from public view after a few years (think minor nonviolent misdemeanor offenses and simple pot possession charges, as examples). Currently, a conviction for one of these minor crimes could stick on one's public record for years and create unnecessary obstacles to employment. Delegates Curt Anderson & Jeff Waldstreicher, alongside Senators Verna Jones-Rodwell & Brian Frosh have proposed a legislative fix in the form of HB 1006 and SB 701. Some of the crimes that can be shielded under the proposed law include:

• possession of alcohol in an open container
• marijuana possession
• possession of bongs and other drug paraphernalia
• disturbing the peace
• theft under $100
• public intoxication
• littering under 100 pounds 

CONTACT YOUR STATE SENATORS TO SUPPORT THIS COMMON SENSE REFORM - This effort is a priority of the Maryland Legislative Black Caucus, due to the disproportionate impact a criminal record has on minorities.  On Thursday February 28th, over 400 people from around the state came to Annapolis to urge legislators to support the shielding of nonviolent misdemeanor convictions. Thanks to these efforts, the HB1006 passed the House of Delegates by a 99 to 38 vote, but the measure has been watered down and now heads to the State Senate for approval. Maryland's Job Opportunities Task Force sent out an action alert this morning to help restore some of pieces of the bill that were removed in the House (details below):

JOB OPPORTUNITIES TASK FORCE: As some of you may know, the House shielding bill (HB 1006) passed out of the House Judiciary Committee this past Friday with bi-partisan support and successfully cleared the entire House chamber yesterday.  While we are pleased the House recognizes the value of shielding, House bill 1006 contains restrictive language that significantly limits its impact including the following:

• It would restrict shielding to only one (1) eligible stand-alone conviction, per lifetime, that is chargeable by citation (see attached list of crimes),
• Only convictions for crimes committed while under the age of 26 are eligible for shielding,
• Removes an offense of prostitution from the list of misdemeanors eligible for shielding and
• Individuals could petition the courts no earlier than 5-years after satisfying any parole, probation or mandatory supervision. 

The Senate version of this bill does not have these limits.  Senate committee members need to hear from you. Please take a moment to call and/or email members of the Senate Judicial Proceedings Committee and urge them to reject harmful amendments that would impose an age limit and restrict the number of convictions eligible for shielding.... With less than 2 weeks left of session, things are moving very quickly and the Senate Committee could act in the next few days. A phone call and/or email can go a long way. 

[ ACT NOW: CONTACT SENATE JUDICIAL PROCEEDINGS RE: HB1006/SB701 ]

BELIEVE IT OR NOT, THIS LAW MAY HELP REDUCE RECIDIVISM - Lawmakers are increasingly grappling with the long-term social and economic consequences of our lazy and draconian criminal justice system. Indeed, HB1006/SB701 were created as a response to legislative recommendations from the Governor's Task Force on Prisoner Reentry but, surprise surprise, they are facing opposition. Maryland's Job Opportunities Task Force explained some of the reasons for adopting the proposed policy changes:

• 1 in 4 adults has a criminal record.
• The Bureau of Justice Statistics found that recidivism risks are highest in the first 3-5 years
  following incarceration, with the first year accounting for nearly two-thirds of all the recidivism of the first 3 years.
• Studies have shown that providing individuals the opportunity for stable employment actually lowers crime recidivism rates and increases public safety.
• One prominent researcher found that a criminal record reduces the likelihood of a job callback or offer by nearly 50%. The effect is even more pronounced for African American men.
• 28 other states have policies in place to limit public access to certain prior criminal convictions in order to mitigate the collateral consequences of a criminal record.

Not surprisingly, some politicians have been scared to embrace anything that could be interpreted as "soft on crime." But the Job Opportunities Task Force also noted some of the safety measures they've left in place to preempt potential concerns from residents:

• Shielded records would remain fully accessible to criminal justice units for legitimate criminal
  justice purposes. 
• If a subsequent conviction occurs during the waiting period, the initial offense can no longer be shielded until the subsequent offense becomes eligible for shielding.
• Employers and certain entities with a statutory requirement to inquire into a candidate’s criminal background history will have full access to shielded records.

GOOD BILL #3: RESPECT THE END-OF-LIFE DECISIONS OF MARYLAND RESIDENTS // CONTACT HOUSE MEMBERS - Senator Roger Manno is sponsoring SB236, a bill which is designed to help ensure the end-of-life decisions of Marylanders are respected -- even if they are incapacitated. The explanation for the bill notes:

Advance directives protect an individual’s right to choose or to refuse various forms of health care (even in the face of the development of decisional incapacity) by transferring a critical health care decision point from the time of a patient’s decisional incapacity to an earlier time when the person is fully competent.

SB236 helps provide funding to establish a registry of advance directives in Maryland. The effort passed the State Senate by a vote of 41 to 6 and is now being heard in the House of Delegates. Advocates at the organization Compassion & Choices have sent the following action alert to Maryland residents:

Dear Juice,

Although an “unfavorable” committee report  appeared to have doomed passage of SB 790, a bill that would mandate funding of the Maryland online advance healthcare directive registry, a last-minute effort resulted in the Senate passing the bill on Friday. It is on its way to the House for a hearing and vote.

Our own Rosalind Kipping, president of Compassion & Choices’ National Capital Area chapter, put her full energies and tenacity into supporting the bill. Its sponsor, Sen. Manno, acknowledges Rosalind’s hard work was instrumental in getting the bill this far.

Rosalind now needs your help to keep the momentum going. Please contact your House Representative and let him or her know you “Support SB 790” and are counting on their (you can find your representative’s name by clicking here: http://votesmart.org/). vote. Funding to implement this online registry means thousands of Marylanders would have peace of mind in knowing their end-of-life medical care instructions would be easily accessible by their physician in an emergency situation.

Roland Halpern
Compassion & Choices

 [ ACT NOW: CONTACT HOUSE OF DELEGATES RE: SB790 ]

GOOD BILL #4: PROHIBIT THE SHACKLING OF WOMEN IN PRISON DURING PREGNANCY // CONTACT STATE SENATORS - Delegate Mary Washington, joined by a handful of colleagues, has proposed common-sense legislation to ban the shackling of female inmates during labor and delivery of children. HB829 passed the House of Delegates by a whopping vote of 133 to 3 and is now being taken up by the State Senate. You can listen to Del. Washington explain her bill online on a previous appearance on Marc Steiner's radio show. The Washington Post reported on the effort earlier this month and described the experience of inmates who were shackled during their pregnancies (excerpt below):

WASHINGTON POST: Eighteen states — including Arizona, Texas and New York — have passed anti-shackling legislation, according to the American Civil Liberties Union, which supports the proposal.... Sara Love, public policy director for the ACLU’s Maryland chapter, credited Maryland prison officials with revising their restraint policies for pregnant women in written testimony she submitted to the judiciary committee late last month. But she said that “many women” are detained in more than 20 local detention centers that are not subject to the state’s policy....

In one case, Danielle Sweigert, who was seven months pregnant at a detention center in Jessup, said her leg and hand were shackled to a bed frame during delivery. “I was kept in shackles and handcuffs throughout my actual labor,” she said in written testimony....

Rebecca Swope, also a former pregnant inmate at Jessup, said she was “strapped at my breast, midsection, upper thighs and lower legs to the stretcher” and also handcuffed at the “wrist and ankle” during her ambulance ride to the hospital. She described the experience as “10 miles of torture.”

[ ACT NOW: CONTACT MARYLAND SENATORS RE: HB829 ] 

 More on the 2013 legislative session soon!