Poll: How Should Missouri Treat Marijuana?

Views on marijuana use are changing rapidly, all age groups have shown dramatic increases in support for legalizing it:

Fully 65% of Millennials –born since 1980 and now between 18 and 32 – favor legalizing the use of marijuana, up from just 36% in 2008. Yet there also has been a striking change in long-term attitudes among older generations, particularly Baby Boomers.

Half (50%) of Boomers now favor legalizing marijuana, among the highest percentages ever. In 1978, 47% of Boomers favored legalizing marijuana, but support plummeted during the 1980s, reaching a low of 17% in 1990. Since 1994, however, the percentage of Boomers favoring marijuana legalization has doubled, from 24% to 50%.

Generation X, born between 1965 and 1980, came of age in the 1990s when there was widespread opposition to legalizing marijuana. Support for marijuana legalization among Gen X also has risen dramatically – from just 28% in 1994 to 42% a decade later and 54% currently.

The Silent Generation continues to be less supportive of marijuana legalization than younger age cohorts. But the percentage of Silents who favor legalization has nearly doubled –from 17% to 32% – since 2002. (Pew Research for People & Press) 

Below is the visual view of the above information.

From Pew, click image to view source

Right now no state bordering Missouri allows for medical or recreational use, but Illinois may soon have medical marijuana:

The sponsor of a measure that would legalize marijuana for people like Bauer says he plans to call the plan for a vote no later than next week.

Representative Lou Lang, a Democrat from Skokie, says his plan has the strictest regulations in the country.

Patients would only be allowed to purchase the marijuana from qualified vendors, who could only purchase from certified growers. (WUIS)

Would a neighboring state prompt a change in Jefferson City? Probably not.

The poll question this week asks how Missouri should treat marijuana, the existing illegal is one of the choices in the poll. My thoughts on Wednesday April 24th.

– Steve Patterson

Poll: Which Candidate Do You Want To Be Elected The Next U.S. Senator From Missouri?

It’s been a crazy week with national media focusing on comments made by Republican Todd Akin during a local television interview:

httpv://www.youtube.com/watch?v=fdisTOKom5I

Prior to Akin’s comments he held a comfortable lead over incumbent Sen. Claire McCaskill. Just weeks earlier Akin won the GOP primary, defeating Sarah Steelman and John Brunner. Despite calls for him to withdraw. Akin decided to remain in the race and his campaign released a new ad asking for forgiveness:

httpv://www.youtube.com/watch?v=R57E3S8RO7A

The poll question this week is which of these two candidates do you want to see elected on November 6th. The poll is in the right sidebar.

 – Steve Patterson

Readers: Concealed Guns On Public Transit Is A Bad Idea

Nearly two-thirds of readers thought concealed guns on public transit was a bad idea. The original post, Poll: Concealed Weapons Allowed On Public Transit, has great comments on the topic.

The pro-conceraled gun argument goes something like this:

“I rarely ride transit but when I do I’m scared beyond belief about what might happen to me while waiting or en route. If a dark person tries something funny I want to be a hero with my gun.”

Ok, my characterization is a bit unfair but these folks sound like they’re frightened by their own shadow. They might be well trained to use their gun on a paper target in a controlled setting but I’m transit dependent and I can assure you the bus and train are not a shooting range. They cite a drop in crime in areas where concealed  guns are allowed on transit but fail to mention the similar drop in crime in other places where concealed guns aren’t allowed on transit. I’ve yet to see one independent scientific study that says conclusively that concealed guns results in a drop in crime.

The total vote count was higher than usual (160) but the percentages stayed consistent throughout the week so I don’t think any side tried to alter the results with a campaign:

Q: Concealed guns on public transit is:

1. A bad idea 102 [62.96%]
2. A good idea 46 [28.4%]
3. Neither a good or bad idea 10 [6.17%]
4. Other: 3 [1.85%]
5. Unsure/No Opinion 1 [0.62%]

The other answers were:

1. Are you serious? Could we be any more uncivilized?
2. Already happening.
3. already happening & will continue no matter what the laws are

Drinking alcohol is legal and people drink & drive, we should make that legal by the logic of these last two. The pro-gun lobby (NRA) seems to think they should be able to carry their guns anywhere and everywhere. In 2008 the US Supreme Court declared Washington D.C.’s gun law unconstitutional but conservative Justice Antonin Scolia wrote in the majority opinion:

There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms. Of course the right was not unlimited, just as the First Amendment ’s right of free speech was not, see, e.g., United States v. Williams, 553 U. S. ___ (2008). Thus, we do not read the Second Amendment to protect the right of citizens to carry arms for any sort of confrontation, just as we do not read the First Amendment to protect the right of citizens to speak for any purpose. Before turning to limitations upon the individual right, however, we must determine whether the prefatory clause of the Second Amendment comports with our interpretation of the operative clause. (District of Columbia v Heller) 

In other words, keeping a loaded gun in your own home is protected by the constitution. That doesn’t automatically extend to everywhere outside your home. Legislators that responded to my email on this subject tell me the bill to make concealed guns on public transit in Missouri legal won’t make it out of committee…this year.

- Steve Patterson

City Hall License Office Is A Convenient Option For Many

The Missouri Department of Revenue has many license offices (search list) around the metro area but I’ve found one of the most convenient is the one operated by St. Louis Collector of Revenue’s office in City Hall.

ABOVE: License office in St. Louis City Hall

Like other offices you get register your vehicle, renew plates and your driver’s license. You’ll have to wait like you do at most license offices but the lines move quickly. I’ve been twice this year, it was nice not having to drive somewhere to take care of business. Keep this office in mind next time you need a license office.

- Steve Patterson

Readers Support HB1380 Preventing Homeowner’s Associations From Banning Political Signs

More than half of the few who took the poll last week thought it was a good idea to prevent homeowner’s associations from restricting political signs.

Q: HB1380 would prevent homeowner’s associations from banning political signs in the state. Thoughts?

1. Good, these associations can be way too restrictive 37 [56.06%]
2. Bad, buy elsewhere if you don’t like the rules 18 [27.27%]
3. Neutral 8 [12.12%]
4. Other: 3 [4.55%]

The three “other” answers provided by readers were:

1. of all the things for politicos to take a stand against, campaign signs?
2. Political signs should not have a time restriction.
3. Doesn’t the state legislature have more important things to work on?

You can read the original post and comments here.

- Steve Patterson

Readers: Remove Cannabis From Missouri’s List of Controlled Substances

If enough signatures are collected by May 6th, Missouri voters will be asked to support a constitutional amendment to decriminalize cannabis. Seemed like an interesting topic so it was the poll topic last week:

Q: Should cannabis be removed from the Missouri Statutes list of controlled substances

1. Yes, a constitutional amend would keep the legislature from changing the vote of the people 124 [64.25%]
2. Yes, but not as a constitutional amendment 41 [21.24%]
3. No 15 [7.77%]
4. Unsure/No Opinion 5 [2.59%]
5. Other: 5 [2.59%]
6. Maybe 3 [1.55%]

More than 85% support decriminalization but they split on making it a constitutional amendment. Three-qurarters of those who support removal from the controlled substance list  support an amendment.  It should be noted the total number of votes was higher than a typical week, but the results as a percentage stayed consistent throughout the week.

- Steve Patterson

Poll: Should Cannabis Be Removed From The Missouri Statutes List Of Controlled Substances

A group, Show-Me Cannabis Regulation, is collecting signatures to place a proposed amendment to  the Missouri constitution on the November 2012 ballot. With legal marijuana dispensaries in some cities the topic seemed like a good subject for a weekly poll (see right sidebar).

The following is the text that will be on the the ballot if they collect about 150,000 signatures by May 6, 2012 (source):

Be it resolved by the people of the state of Missouri that the Constitution be amended:

1. Cannabis shall immediately be removed from the Missouri Revised Statutes list of controlled substances and shall no longer be listed among Missouri’s drug schedules.

2. Definition of terms, as used in this Act:
(a) “cannabis” and “cannabis hemp” refer to the natural, non genetically modified plant hemp, cannabis, marihuana, marijuana, cannabis sativa L, cannabis americana, cannabis chinensis, cannabis indica, cannabis ruderalis, cannabis sativa, or any variety of cannabis, including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
(b) “agricultural hemp” and “agricultural cannabis” means all products made from cannabis hemp with a THC content of less than one percent.
(c) “medical cannabis” means all products made from cannabis that are designed, intended, or used for the treatment of any human disease or condition.
(d) “adult use” and “personal adult use” refer to the non-medical consumption of cannabis with greater than 1% THC by persons twenty-one years of age or older.
(e) “cannabis accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis into the human body.
(f) “Department” means the Department of Health and Senior Services or its successor agency.
(g) “cannabis establishment” means a cannabis cultivation facility, a cannabis testing facility, a cannabis product manufacturing facility, or a retail cannabis store or other entity licensed to cultivate, prepare, manufacture, package, transport or sell cannabis, cannabis products and cannabis accessories.
(h) “impairment” means the inability of a person to safely perform functional tasks associated with his or her job or with driving due to the influence of alcohol or other drugs.

3. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Missouri law or be a basis for seizure or forfeiture of assets under Missouri law for persons twenty-one years of age or older:
(a) Possession of cannabis for personal adult use by persons twenty-one years of age or older.
(b) Cultivating cannabis that is not intended for resale within an area measuring ten feet by ten feet for personal adult use, or in an area sufficient to produce the quantity necessary to address a patient’s medical needs under the recommendation of a physician.
(c) Cultivating, harvesting, processing, manufacturing, packaging, distributing, transferring, displaying or possessing cannabis, cannabis accessories, and cannabis products for commercial purposes providing the person has a current, valid license to operate a cannabis establishment or is acting in his or her capacity as an owner, employee or agent of a licensed cannabis establishment.
(d) Providing cannabis, cannabis accessories, and cannabis products for sale to consumers twenty-one years of age or older for personal adult use if the person conducting the activities described in this paragraph has obtained a current, valid license to operate a retail cannabis store or is acting in his or her capacity as an owner, employee or agent of a licensed retail cannabis store.
(e) Leasing or otherwise allowing the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (d) of this subsection.

4. Medical cannabis shall be available to patients who have a physician’s recommendation.
(a) All patients engaged in cannabis therapy shall be afforded the same rights and privileges afforded to any patient treated through other pharmaceutical means.
(b) Cannabis acquisition, possession, and consumption shall be permitted to patients under the age of twenty-one with the consent of a parent or legal guardian and through the supervision of a parent or legal custodian and a licensed physician.
(c) Licensed physicians shall not be penalized for nor restricted from recommending cannabis for medical purposes to any person.
(d) Opinions pertaining to, and willingness to recommend medical cannabis therapy shall not be a criteria for the licensure of physicians; no physician shall be subject to any professional licensing review or hearing as a result of recommending or approving medical cannabis therapy.
(e) Any individual who is a legal cannabis patient in another state shall be granted the same rights and privileges as a legal Missouri cannabis patient.
(f) Medical care, including organ transplants, shall not be restricted in any way based on a person’s use of cannabis.

5. Not later than February 1, 2013, the Department shall adopt regulations necessary for implementation of this section.
(a) All regulations and rules imposed by the Department or any other agency of government shall meet a standard of strict scrutiny as to whether they further the goals of this Act and must be narrowly tailored to meet those goals. Such regulations shall include:
(i) Procedures for the issuance, renewal, suspension, and revocation of a license to operate a cannabis establishment;
(ii) A schedule of application, licensing and renewal fees;
(iii) Qualifications for licensure that are directly and demonstrably related to the operation of a cannabis establishment;
(iv) Security requirements for cannabis establishments;
(v) Civil penalties for the failure to comply with regulations made pursuant to this section;
(vi) The Department shall not require a consumer to provide a retail cannabis store with personal information other than identification to determine the consumer’s age, and a retail cannabis store shall not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.
(b) Each application for an annual license to operate a cannabis establishment shall be submitted to the department. The department shall: 

(i) Begin accepting and processing applications on July 1, 2013;

(ii) Immediately forward a copy of each application and half of the license application fee to the county, municipality or city and county in which the applicant desires to operate the cannabis establishment;
(iii) Issue an annual license to the applicant between forty-five and ninety days after receipt of an application unless the department finds the applicant is not in compliance with regulations enacted pursuant to paragraph   (a);
(iv) Upon denial of an application, notify the applicant of the specific reason for its denial.
(c) Retail cannabis products for medical or adult use shall contain appropriate labeling, which outlines the weight and estimated potency of the product, lists all pesticides used in production, and summarizes the safe and effective use of cannabis. Labels shall not be promotional, false or misleading, and should be based on data derived from scientific study and prevailing human experience.

6. Nothing in this section shall:
(a) Require an employer to retain an employee who is impaired on the job by his use of cannabis.
(b) Permit operation of a motor vehicle by anyone who is impaired by cannabis.
(c) Permit the transfer or sale of cannabis intended for adult use to a person younger than twenty-one years of age.
(d) Forbid any individual or corporate property owner from prohibiting the distribution, sale or cultivation of cannabis within their dwelling.

7. Upon the passage of this Act, all persons incarcerated or under supervision of the Missouri Board of Probation and Parole for non-violent, cannabis-only offenses which are no longer illegal in the State of Missouri under this Act shall be immediately released.
(a) The Court shall order the immediate expungement of civil and criminal records pertaining to non-violent cannabis only offenses which are no longer illegal in the State of Missouri under this Act.
(b) Within 120 days of the passage of this Act, the Attorney General shall develop and make available to the public an application providing for the destruction of all cannabis-related civil and criminal records in Missouri and for any offense covered by this statute. These applications shall be distributed to all Circuit Court clerks within the State.

8. The Missouri General Assembly may enact a tax of up to $100 per pound of dried cannabis to be levied upon cannabis which is sold solely for personal adult use at the retail
level.

9. No Missouri law enforcement personnel or state funds shall be used to assist or aid and abet in the enforcement of federal cannabis laws involving acts which are no longer illegal in the State of Missouri under this statute.

10. Any person who willfully impedes the lawful exercise of these provisions is guilty of a Class A misdemeanor.

11. Commercial and agricultural cannabis farmers, manufacturers, processors, and distributors shall not be subject to any special zoning requirement, licensing fee, or tax that is excessive, discriminatory, or prohibitive, or in any way significantly different from any other commercial or agricultural farmer, manufacturer, processor or distributor.

12. No person twenty-one years of age or older shall be arrested or prosecuted, nor be subject to any criminal penalties for the possession, cultivation, distribution, or consumption of cannabis.

13. Pursuant to the Ninth and Tenth Amendments to the Constitution of the United States, the people of Missouri hereby repudiate and challenge federal cannabis prohibitions that conflict with this Act.

14. Severability: If any provision of this Act or the application of any such provision to any person or circumstance, shall be held invalid by any court, the remainder of this Act, to the extent it can be given effect, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Act are severable.

15. Construction: If any rival or conflicting initiative regulating any matter addressed by this act receives the higher affirmative vote, then all non-conflicting parts shall become operative.

16. All provisions of this section are self-executing and severable, and, except where otherwise indicated in the text, shall supersede conflicting state or federal statutory, local charter, ordinance, or resolution, and other federal, state and local provisions

Few Readers Interested In Poll on Gambling

ABOVE: River City Casino in south St. Louis County

Participation in the poll last week was about half a typical week.

Q: Missouri regulators now allow addicted gamblers to ban themselves for 5 years rather than life, good change?

1. Yes 18 [36.73%]
2. No 14 [28.57%]
3. Unsure/no opinion 8 [16.33%]
4. Maybe 8 [16.33%]
5. Other: 1 [2.04%] Not familiar with the debate. Can you elaborate on each position?

The results provide no consensus on the issue.

Gambling is on a roll. Faced with mounting budget deficits, more states are expanding gambling options and loosening restrictions in a grab for revenue. Critics warn that the winnings are fool’s gold, not worth the potential social and financial ills. But that’s not stopping many states from getting a piece of the action. (Huffington Post)

Some would say state finances are driving the change, not necessarily what is best public policy.

- Steve Patterson

Poll: Changes To Voluntary Ban Policy Good or Bad?

ABOVE: River City Casino in south St. Louis County

Recent changes regarding gambling in Missouri:

Regulators voted unanimously to relax the state’s voluntary exclusion program, allowing people who have chosen to bar themselves for life from Missouri casinos to have the prohibition lifted after at least five years. People could opt to rejoin the banned list later, but it would mean a lifetime prohibition. (KMOV)

Is this a good thing? The argument in support is more might be willing to ban themselves if they know it would be lifted in five years.

I know casinos are no place for me but this seemed like a good poll topic.

- Steve Patterson

Missouri’s St. Louis Roots

ABOVE: The floor of the Missouri House of Representatives, Jefferson City

Today marks the 191st anniversary of the first meeting of the Missouri general assembly:

“September 18, 1820: The first session of the general assembly of the state of Missouri met in the Missouri Hotel in St. Louis to administer the affairs of a state still awaiting statehood. In March jubilant St. Louisans had received news that the Missouri State Bill had passed Congress, and, despite the fact that debate over the Missouri Compromise caused a delay of more than a year in its ratification.” (St. Louis Day by Day p178)

Missouri became the 24th state in the Union on Aug. 10, 1821 (source). Missouri’s origins were in St. Louis:

The present Capitol, completed in 1917 and occupied the following year, is the third Capitol in Jefferson City and the sixth in Missouri history. The first seat of state government was housed in the Mansion House, Third and Vine Streets, St. Louis; the second was in the Missouri Hotel, Maine and Morgan Streets, also in St. Louis. St. Charles was designated as temporary capital of the state in 1821 and remained the seat of government until 1826. (Wikipedia)

The Missouri Hotel was razed in 1873. The poll question this week: “Missouri legislators are “part-time” public servants, should we have full-time legislators to manage the state?” The poll is in the right sidebar, final results on Wednesday September 28, 2011.

- Steve Patterson