Law, Justice, and Ethics (LJE) Policy Committee

A RESOLUTION ON  MOVING CANNABIS POLICY INTO THE 21^ST CENTURY

WHEREAS, 33 states, 4 United States territories, and the District of Columbia have authorized the use of medical cannabis; 22 states, the United States Virgin Islands, and the District of Columbia have decriminalized cannabis;

WHEREAS, eleven states, the Northern Mariana Islands, the District of Columbia, and 3 Native American tribes have legalized adult use of cannabis;

WHEREAS, over 650 thousand Americans were arrested for a marijuana law violation in 2017, 90% of whom were arrested for possession only;

WHEREAS, people who are Black or Latino make up nearly 47% of those arrested for drug law violations despite accounting for only 31.5% of the U.S. population;

WHEREAS, people of color encounter various social and economic disparities when attempting to enter the cannabis industry, such as acquiring access to loans and capital;

WHEREAS, in the enactment of legislation allowing for the use of cannabis for medicinal or recreational purposes, states have provided for the regulation and taxation of the use of cannabis;

WHEREAS, Schedule I is defined in the United States Code as drugs or other substances which have a high potential for abuse, have no currently accepted medical use, and lack the ability to be safely used under medical supervision;

WHEREAS, cannabis remains a Schedule I Controlled Substance under the federal Controlled Substances Act, classifying it among the most dangerous drugs;

WHEREAS, cannabis being listed as a Schedule I Controlled Substance adds numerous barriers to studying cannabis and funding research for cannabis, which without the necessary data, makes it more difficult to make the correct policy decisions;

WHEREAS, the entirety of health benefits associated with marijuana remain uncertain since marijuana and its derivatives cannot be legally studied by research institutions if it remains a Schedule I drug;

WHEREAS, simply moving marijuana to a less restrictive schedule would not protect existing state medical marijuana programs or change federal penalties, nor would it prevent people from being arrested and punished for using marijuana;

WHEREAS, the continued classification of cannabis under the federal Controlled Substances Act impairs the ability of medical cannabis dispensaries and other cannabis-related businesses to operate without the prospect of federal seizures, forfeitures, arrests, and other enforcement and prosecutorial actions in states that have legalized such use;

WHEREAS, this creates a problem for cannabis-related businesses that are legally operating pursuant to state law and makes it more difficult for consumers or businesses who are authorized to grow, sell, or purchase cannabis products under state law;

WHEREAS, many financial institutions have been unable to do business with cannabis-related businesses because of existing federal law and policies;

WHEREAS, many cannabis-related businesses rely upon cash transactions, which increases the risk of various crimes and impairs the ability of states to collect taxes;

WHEREAS, in the interest of promoting efficient business practices, financial institutions should be confident in serving businesses legally operating under state law so long as safety and soundness requirements are met;

WHEREAS, legislation has been introduced in congress to provide specific regulatory protection and immunity from federal prosecution for depository institutions providing financial services to cannabis-related businesses acting under applicable state law; and

WHEREAS, maintaining a business relationship with financial institutions will allow for greater access to loans, as well as debit and credit transactions for businesses serving the cannabis industry, their employees, and for consumers purchasing cannabis legally under state law.

THEREFORE, BE IT RESOLVED,  that the National Black Caucus of State Legislators (NBCSL) believe that Congress should enact legislation removing cannabis from the federal Controlled Substances Act and to amend federal law to remove the threat of federal prosecution and regulatory protections for financial institutions that legally provide services to cannabis-related businesses, licensees, and consumers pursuant to applicable state law;

BE IT FURTHER RESOLVED, that the NBCSL believes that the federal government should begin studying the enactment of these laws and their effects on our states and communities, so we can improve on the actions already taking place in our states, and improve the laws and regulations in our states, as well as to better understand cannabis and all its effects; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the Unites States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

• SPONSOR(S): Representative Dar’shun Kendrick (GA) and Senator Steven Bradford (CA)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• atification is certified by: Representative Gilda Cobb-Hunter (SC), President

A RESOLUTION ON OPPOSING UNSUPPORTED CRIMINAL CHARGES

WHEREAS, prosecutors have been increasing the number of charges placed against a defendant, even though some of these charges may not be substantiated by the facts, and are simply to intimidate a defendant;

WHEREAS, prosecutors routinely “stack charges” against a defendant, thus building a very long potential prison sentence if convicted, and then approach the defendant with a “plea deal” that would result in a guaranteed, substantially reduced charge and sentence if the defendant agrees to plead guilty to the reduced offense;

WHEREAS, the stacking of charge’s has become standard practices to build such a horrifying potential sentence, that even actually innocent people will be intimidated into pleading guilty, rather than face what’s called the “trial penalty “;

WHEREAS, unsubstantiated charges can make any defense more difficult as defendants have to spend more time and resources fighting these unsubstantiated;

WHEREAS, more than 95% of cases that result in a conviction are because of plea bargaining;

WHEREAS, Supreme Court Justice Kennedy said in an opinion that, “today’s criminal justice system the negotiation of a plea bargain, rather than the unfolding of a trial, is almost always the critical point for a defendant;”

WHEREAS, overcharging and stacking charges give prosecutors significant power over defendants to encourage them to plead to lesser charges;

WHEREAS, poor defendants are particularly vulnerable to these actions, as if they are unable to make bail, pleading to charges that they may not have committed may seem like the easiest way to get out of prison; and

WHEREAS, African Americans and other people of color are most likely to face arrest, and thereby be subjected to the stacking of charges.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) stands opposed to prosecutors stacking charges and overcharging, and fully believes that all charges brought by a defendant should be able to stand up in court; and

BE IT FURTHER RESOLVED, that the NBCSL will actively advocate against policies and practices resulting in the stacking of charges and overcharging by prosecutors at every level of government;

BE IT FURTHER RESOLVED, that the NBCSL believes that prosecutors that knowingly overcharge or stack charges against defendants should be disciplined by the state bar association; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the Unites States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

• SPONSOR: Senator Brenda Gilmore (TN)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President

A RESOLUTION CALLING FOR EQUITABLE BAIL AND AN END TO UNNECCESSARY DETENTION

WHEREAS, an unfair bail system, causes citizens to be unduly held in jail away from their families and work, and cost the government unnecessary spending on housing and caring for these people when they can be safely released;

WHEREAS, every year over 10 million Americans are arrested and taken to jail, while many are released, jails house some 700,000 people every day, a majority of which cannot afford bail;

WHEREAS, Africans American and Latinos are disproportionately impacted by having to post bail;

WHEREAS, 50 Percent of pre-trial detainees are African American or Latino in the United States, with an annual income of less than $20,000 prior to incarceration;

WHEREAS, all people who have not been convicted of a crime, should still be afforded a presumption of innocence, however some are still jailed because they cannot afford bail;

WHEREAS, in Texas twenty years ago 1 out 3 people were in jail awaiting trial, by 2017 3 out 4 are in jail awaiting trial, most of which cannot afford bail;

WHEREAS, there is over $14 billion in bonds issued each year, of which $2 billion is profit;

WHEREAS, the presumption of guilt and dangerousness assigned to African Americans has made minority communities particularly vulnerable to the unfair administration of criminal justice; and

WHEREAS, many people are currently in jail for lack of financial resources, and not because they are a flight risk or danger to the public.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) will support efforts to implement risk assessment systems to replace money bail, and other similar innovative models that will improve outcomes for our citizens while protecting our communities;

BE IT FURTHER RESOLVED, that the NBCSL supports federal, state, and local legislation that would take the following actions that recognize economic barriers to posting bail and provides innovative options while protecting our communities;

• Limit Pretrial Detention When Appropriate
• Eliminate Money Bail in Certain Circumstances
• Utilize Proven Risk Assessment Tools in the Correct Way
• Optimize Pretrial Services
• Involve Stakeholders at Every Stage of Reform; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the Unites States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

• SPONSOR: Senator Brenda Gilmore (TN)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President

A RESOLUTION ON THE NEED FOR A FEDERAL INVESTIGATIONS AND SUPPORT TO ENSURE EQUITABLE JUSTICE

WHEREAS, the National Black Caucus of State Legislators (NBCSL), has extensive history of policy on the need for equitable, fair, and safe community policing that allows the community and local law enforcement agencies to work together to improve our communities;

WHEREAS, our nation is engaged in a critical discussion on gun violence and police misconduct, and we can no longer ignore the continual stream of men, women, and children whose lives are lost in officer involved shootings;

WHEREAS, African Americans are less than 13 percent of the total U.S. population but accounted for 23% of those shot by police in 2017, according to the Washington Post;

WHEREAS, the deaths of Michael Brown, Eric Garner, Walter Scott, Freddie Gray, Alton Sterling, Philando Castille, Tamir Rice, Laquan McDonald, and Stephone Clark are all tragic losses of life that are unacceptable, and have damaged the community’s relationship with those that are charged with their protection;

WHEREAS, the Federal Bureau of Investigations (FBI), has long been charged with protecting civil rights in America, and is responsible for investigating Color of Law violations including those involving excessive use of force;

WHEREAS, Color of Law investigations also include violations like sexual assault by police officers, false arrest, obstruction of justice, false testimony, deprivation of medical care, and failure to keep a citizen from harm;

WHEREAS, in many of  the communities these high-profile cases taken place, there is a lack of trust in the local law enforcement to perform a fair and impartial investigation of these incidences, yet alone an honest investigation on systematic issues that may be present in the department;

WHEREAS, an investigation into a local law enforcement agency cannot be impartially handled by the local law enforcement agency itself, and an outside body is needed to perform a fair and impartial evaluation;

WHEREAS, these investigations can begin real change that could identify areas of improvement or clear the local law enforcement agency to begin a dialogue on how to improve policing and restore faith in the department; and

WHEREAS, the federal government has a duty to enforce federal civil rights laws, a duty to ensure that we live in a nation where local authority do not kill us with impunity.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) reiterates our condolence to the families affected by these tragedies and our support for these communities as they seek justice for all those affected;

BE IT FURTHER RESOLVED, that the NBCSL calls for Congressional action to ensure through, timely, and independent federal investigations of alleged law enforcement violations across the country, and to particularly work with and identify local law enforcement agencies that may have a cultural or institutional issues that lead to strife with the communities they serve;

BE IT FURTHER RESOLVED, that the NBCSL will work with its social justice partners to seek legal remedies for unlawful killings of African Americans by police officers;

BE IT FURTHER RESOLVED, that the NBCSL believes that a positive relationship between the local law enforcement agencies and the communities that they represent is essential in our communities, and officer involved shootings can irreparably harm these relationships, as such communities and local law enforcement agencies need to work together to address any unjust actions by officers immediately; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the Unites States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials and agencies as appropriate.

• SPONSOR: Senator Brenda Gilmore (TN)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President

A RESOLUTION ON CANNABIS EQUITY

WHEREAS, thirty-three states, the District of Columbia, Puerto Rico, and Guam have all adopted laws allowing legal access to cannabis;

WHEREAS, eleven states and the District of Columbia, have adopted laws allowing for the adult-recreational use of cannabis;

WHEREAS, over 650,000 Americans were arrested for cannabis related offenses in 2017, and ninety percent of those were arrested for mere possession;

WHEREAS, the burdens of arrests, convictions, and long-term collateral consequences arising from a conviction fell disproportionately on Blacks and Latinos because cannabis was illegal;

WHEREAS, people who are Black, or Latino make up nearly 47 percent of those arrested for drug law violations, despite making up 31.5 percent of the American population;

WHEREAS, drug arrests and convictions have had a devastating impact on communities across the United States of America, particularly communities of color;

WHEREAS, persons convicted of drug related offenses and their families suffer the long-term consequences;

WHEREAS, these individuals have a more difficult time entering newly created adult-use cannabis markets due, in part, to a lack of access to capital, business space, technical support, and regulatory compliance assistance;

WHEREAS, only six states currently recognize social equity within the regulated cannabis industry and offer programs or support for cannabis equity;

WHEREAS, cannabis equity programs are necessary to reduce barriers to entering the cannabis industry for persons and communities most impacted;

WHEREAS, cannabis equity programs provide a wide range of services and resources such as technical assistance between state and local governments, financial support, priority processing of licenses, licensing fee waivers and deferrals, and other help for owners and employers from communities most harmed by the decades-long war on drugs;

WHEREAS, cannabis equity programs help ensure that business ownership and employment are diverse, reflective of the local demographics, and inclusive to all;

WHEREAS, support for local equity programs will not only help diversify the emerging cannabis market, it will also improve the growth of small businesses and directly benefit low-income, disadvantaged communities;

WHEREAS, some states prioritize social equity within the cannabis industry, there is still a critical need for further assistance to those faced with the greatest challenges to licensure and the legalized, regulated market;

WHEREAS, cannabis equity programs increase public health and safety by encouraging individuals and groups that have or may be operating illegally to enter the regulated marketplace; and

WHEREAS, cannabis equity programs will increase the opportunities for more individuals to participate and contribute to their state and local economies’ legal market, and support owners and operators so they have a chance to sustain a successful business.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) encourages states that have legalized cannabis in some form to support cannabis equity programs through laws and budgetary action; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States; the Vice President of the United States, members of the United States House of Representatives and United States Senate; and other federal and state government officials as appropriate.

• SPONSOR: Senator Steven Bradford (CA)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President

A RESOLUTION ON ENDING THE UNNECESSARY LOSS OF A DRIVER’S LICENSE

WHEREAS, over seven million Americans have had their licenses suspended for unpaid, court-related debts, resulting in loss of work and other economic and social hardships, which make it more difficult to pay these fees;

WHEREAS, in Illinois, over 50 thousand licenses are suspended each year because drivers can’t pay tickets, fines, or fees;

WHEREAS, excessive license suspension increases unemployment, a New Jersey study found that 42% of individuals lost their jobs following the suspension of their licenses;

WHEREAS, an Illinois survey found job loss for half of suspended drivers, disproportionately affects Black and Latino drivers are more likely than white drivers to be stopped by the police, to be fined or arrested for traffic offenses, and to suffer undue fines or incarceration;

WHEREAS, after curbing non-moving suspensions in 2012, Washington State freed up about 70,000 annual law enforcement hours to prioritize public safety;

WHEREAS, in Virginia, until new legislation was signed into law citizens had their licenses suspended for failure to pay court fees;

WHEREAS, in Washington State, an amnesty program was instituted for drivers with suspended licenses, the program saved an estimated 4,500 hours of patrol officers’ time, a significant cost savings for the state;

WHEREAS, in California the state found that the police, Department of Motor Vehicles, and courts spend millions arresting, processing, administering, and adjudicating charges for driving on a suspended license, the state has ended the practice of suspending licensees for unpaid parking tickets;

WHEREAS, in Illinois a bill was introduced to help eliminate driver’s license suspension as a penalty for most non-driving violations, including: failing to pay parking, compliance, or tollway tickets, fines, or fees, being judged to be a “truant minor,” criminal trespass to a vehicle, and a handful of other non-driving violations, allows an individual whose license was suspended under any of these provisions to have their license reinstated; and

WHEREAS, driver’s licenses should be suspended for highway safety reasons only, not for debt collection or other non-moving violations.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) supports legislation that would direct the Department of Motor Vehicles in all states to adopt and update rules relative to non-moving violations that would remove language providing that all notices sent to a person involved in an administrative proceeding shall state that failure to satisfy any fine or penalty shall result in the suspension of their driving privileges, vehicle registration, or both;

BE IT FURTHER RESOLVED, that the NBCSL supports legislation that would direct the Department of Motor Vehicles  in our respective states to adopt and update rules to ensure that failure to pay any fine or penalty will result in the suspension of their;

BE IT FURTHER RESOLVED, that a person whose driver’s license was canceled, suspended, or revoked under circumstances such as those discussed above shall have their driving privileges reinstated; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States; the Vice President of the United States, members of the United States House of Representatives and United States Senate; and other federal and state government officials as appropriate.

• SPONSOR: Representative Carol Ammons (IL)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President

A RESOLUTION ON COMMEMORATING 400 YEARS OF CONTRIBUTIONS OF AFRICANS AND AFRICAN AMERICANS IN THE UNITED STATES.

WHEREAS, August 2019 marks the 400th anniversary of the arrival of enslaved Africans to colonial Virginia in August 1619;

WHEREAS, states and federal government are working to recognize the 400th anniversary in a variety of forms and fashions;

WHEREAS, the 400th anniversary of the arrival of the first known enslaved Africans in colonial North America and the tragic history of American slavery that began with that event are being marked nationally, with the establishment by the U.S. Congress of the “400 Years of African American History Commission”;

WHEREAS, the 400 Years of African American History Commission will develop and carry out activities throughout the United States to commemorate the arrival of Africans;

WHERAS, the commission will also celebrate the contributions African Americans have made since 1619, despite the debilitating effects of slavery and racial discrimination;

WHEREAS, the transatlantic slave trade resulted in an estimated twelve million enslaved Africans being shipped as cargo across the Atlantic Ocean to the Americas between the sixteenth and nineteenth centuries;

WHEREAS, the largest numbers of slaves were taken to the Americas during the eighteenth century, when, according to historians’ estimates, nearly three-fifths of the total volume of the transatlantic slave trade took place;

WHEREAS, throughout our nation’s history, African Americans have met with a litany of broken promises and unrealized intentions, from the failure to honor guarantees of freedom for slaves who fought for American independence in the Revolutionary War and the perversion of Reconstruction-era policies designed to ensure an equitable assimilation of recently freed slaves to our government’s initial failure and habitual resistance to meaningfully enforce various panaceas of legislation and constitutional protections amid terroristic and murderous campaigns visited upon African Americans between the Jim Crow Era and the height of the Civil Rights Movement;

WHEREAS, today, inequity still remains among African American populations, with families’ net worth being less than a late-model car, and the same families topping the list of nearly every poverty-related statistic, despite a plethora of social welfare policies; and

WHEREAS, as a country, it is imperative that we recount our history, both noble and vile, in order to find positive paths to a future in which every American may live peacefully in a world of true equality enriched by the cultural history of all our peoples.

THEREFORE BE IT RESOLVED, that the National Black Caucus of State Legislators (NBCSL) joins governments and organizations across this nation in solemn remembrance of the 400th year anniversary of the transatlantic slave trade and recognize the achievements of African Americans over the last 400 years;

BE IT FURTHER RESOLVED, that the NBCSL urges states to develop and implement educational materials to be used in K-12 schools to educate students about the achievements of Africans and African Americans over the last 400 years;

BE IT FURTHER RESOLVED, that the NBCSL urges states to develop a 400 Years of African American History Commission to develop and carry out activities to commemorate the achievements and contributions of African Americans over the last 400 years; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, and other federal and state government officials as appropriate.

• SPONSOR: Representative Harold Love, Jr. (TN)
  
• Committee of Jurisdiction: Law, Justice, and Ethics Policy Committee
  
• Certified by Committee Co-Chair: Representative Reginald Meeks (KY)
  
• Ratified in Plenary Session: Ratification Date is December 6, 2019
  
• Ratification is certified by: Representative Gilda Cobb-Hunter (SC), President