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What exactly IS the governor's message?

by: Andy Edwards

Tue Mar 18, 2008 at 22:49:48 PM EDT


(What exactly DOES it serve us to ruin people's lives over minor marijuana offenses? - promoted by Laura Clawson)

This afternoon the New Hampshire House of Representatives, the most democratic deliberative body in America and a "citizens legislature," voted to make the smallest possible change imaginable to our drug statutes.
New Hampshire residents could possess one-quarter ounce or less of marijuana without facing jail under a bill headed to the state Senate.
more stories like this

The House voted 193-141 Tuesday to decriminalize the small amount of the drug, making possessing it a violation subject to a $200 fine. Under current law, possessing that amount could mean spending a year in jail and paying a $2,000 fine.

This was not an agenda item for House Democrats.  In fact, the floor fight consisted of only one Democrat speaking in favor along with two Republicans, and the final roll-call vote reflected this consensus.

For:
153 D
40 R

Against:
47 46 D
93 94 R (corrected numbers from Landrigan)
This strongly bipartisan coalition consisted of members of every profession, place, and political persuasion represented in our diverse body, and included the majority of committee chairs.
Andy Edwards :: What exactly IS the governor's message?
Update: The main arguments in favor of passage put forth by Rep. Fontas, the prime sponsor, were that the incidence of use among younger people is pervasive and that a conviction for possession does not send the message that the government wants to help them make better decisions in the future, but rather punishes them excessively - beyond fines and jail time - by leaving them with a permanent record guaranteeing that they lose federal financial aid, following them when they apply for jobs in the future, and generally obstructing their path back to "the right course" that we all want them to take.

So in light of all this, I think the people are owed an explanation by their Governor as to why he was so cavalier in dismissing all of the above:

Gov. John Lynch's spokesman, Colin Manning, said the governor would veto the bill if it reaches him.

"This sends absolutely the wrong message to New Hampshire's young people about the very real danger of drug use," said Manning.

Please, Governor, I'd love to know what that message is exactly.

In the time since we passed this out of the House in an upset victory, I've had more people come up to me relating stories from friends and sons and daughters of people they know who've been affected by these draconian policies.  One representative said that her son's friend had become suicidal after making a minor mistake with pot and upon learning that his future had now been permanently altered as a result.

These stories and this discussion were not even possible to have in such a public arena when I woke up this morning, because the controlling fear  that upholds the status quo in our drug laws has silenced debate and prevented our policymakers from speaking openly.

So I would love to know, from our law enforcer-in-chief, what exactly about this bill sends "absolutely the wrong message."  Does the governor not agree with the majority of the House of Representatives that some change is needed in this policy?

Update 2: WMUR did a segment on this during 11 o'clock news this evening.  The passage of the bill was the lead story, and based on how our mainstream news media operates, I'd surmise they think this story is of interest to more than a few citizens of NH.

I've been thinking more and more about the - what struck me as arrogant - statement put out by the Governor's office, and this is yet again another example of him reinforcing bad Republican framing.  And not to be confused with good Republican framing:

Rep. John Hunt, R- Rindge, opposed the measure, but was not surprised 40 GOP members supported it.

"I heard several Republicans say they were for it because they thought it could lead to less overcrowding and less spending for our jails,'' Hunt said.

The Governor's "tough on crime" obsession will soon prevent us from being smart on crime, and to what political ends I wish I knew.

Update 3: The Concord Monitor article does the best job of explaining exactly what happened today, which comes as no surprise since Lauren Dorgan was the only journalist present during the entire floor fight:

The measure won an odd mix of support. In the morning, outspoken Manchester Republican Steve Vaillancourt handed out materials to passers-by in the hallway, asking, "Wanna smoke a joint?" (The materials: An annotated copy of a pro-legalization article by influential conservative William F. Buckley, titled "Free Weeds.")

That wasn't the last time Buckley came up during yesterday's debate. Supporters of the measure handed out glossy brochures with his face on them, paired with that of former President Clinton.

The bill prevailed with heavy Democratic support, but the measure split both parties: It got a yea from Democratic Floor Leader Dan Eaton but a nay from Majority Leader Mary Jane Wallner, a nay from GOP Deputy Leader David Hess but a yea from libertarian-leaning Republican Rep. Neal Kurk.

Almost all the public statements made in the numerous articles covering this bill's passage were trying to set expectations, but this article contained some candid remarks not seen elsewhere.

Eaton, a former Stoddard police chief, praised the bill's backers for the work they did in getting it passed.

"They phrased their arguments masterfully. If you are not a student, you are more than likely a parent or a grandparent," he said. "They were masterful at it, these are young kids, and I'm so proud of them I can't stand it."
...
Eaton said predictions that the bill would die in the Senate may be premature. "Again, they're parents and grandparents," he said. "The knee-jerk reaction is to say that's DOA. These kids are impressive."

I would say that any predictions about an early death to this bill are entirely unreliable.  The bill also was supposed to be killed in subcommittee -- it wasn't.  It apparently had no chance of passing the House -- also not true.

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That he would veto? (0.00 / 0)
I would assume his message was that whether or not the House passed it, it won't pass the Senate.

And he would veto because he does not support the use, no matter how much, of any illegal substance. My guess.

I worked/voted for Bill Richardson. Jeanne Shaheen 08! Lynch 08! CSP 08! CDNH!


Use? (4.00 / 3)
We aren't making this legal.  The legislature is saying that the punishments codified in statute for possession of a small amount of pot are unreasonable, unjustified, and actually doing more harm than good.

It's time we steer by the stars, and not the lights of every passing ship

[ Parent ]
Way to go Andy! (4.00 / 3)
Keep us updated as to how it goes.  If I'm not mistaken the law passed mirrors the law in Maine about reducing possesion of up to 1.25 oz to a fine without imprisonment.  I think this is a good start.  Being in the Live Free or Die state, it is about time we started living up to it in some respects.  Keep the pressure on the Governor.

Speaking as someone who's never seen a president elected not named Bush or Clinton...

Thanks, and as always we appreciate the support here (4.00 / 1)
The really upsetting thing is that we should not be spending this much time and effort trying to make such a minor change to our marijuana laws.  

While some activists get annoyed by what has been characterized as a "self-centered" interest group advocating for easing penalties on drug offenses, the reality of what happened today in the House shows that this really is such a "common sense" issue that the real injustice is how political leaders can be so irresponsible to resist sound policy improvements like this when it's presented to them.

It's time we steer by the stars, and not the lights of every passing ship


[ Parent ]
BTW, I apologize that this diary has no flow (0.00 / 0)
I've just been trying to respond and update as all the reports are published.  We honestly were not expecting the Governor, and the Senate especially, to push back so hard so soon.

It's time we steer by the stars, and not the lights of every passing ship

If this is important to you, (4.00 / 1)
and it should be, because as everyone's business, including ancient traffic tickets, medical records, etc. is available in some form online, and a marijuana conviction will follow a teen-ager around for life, write to the governor and your state senator in support of this measure.

 


thank you, thank tou, thank you (4.00 / 2)
A well written diary, an important topic, and an opportunity to all make a stink about it.

Frankly i'm so proud of Dan Eaton I can't stand it. But then, he comes from a county which is bleeding itself dry to build a new bigger prison. And as a former cop he must understand what a distraction this all is.

i do believe that for any Democrat this is primarily a matter of backbone. I think very few people can say honestly they think the current penalties are fair or healthy for our youth, who can be thrown into a horrible spiral over minor infractions..

Time for Lynch to give this the serious consideration it deserves.  

Not supporting either candidate. Trying to make sure Hillary is on our side, and that Obama knows sides matter.


Let's not get carried away (0.00 / 0)
Governor Lynch has real concerns about the message that changing drug laws sends to young people.   Share this concern or not, it is absurd to question the Governor's commitment to a smart policy on crime, to the Democratic Party, or to the State of New Hampshire.  Without John Lynch there would be no civil unions, no minimum wage increase, no lead paint bill, and no renewable energy portfolio.  These are the big issues that democrats agree on; issues that we have made progress on by working together.

We need to put aside our small differences, not inflate them.  Don't forget that Frank Guinta wants to try children as adults in criminal cases and supports severe penalties.  He has opposed common sense solutions to reintegrate released prisoners in Manchester.   These are big issues on which democrats and republicans have major differences. Let's not get carried away talking about the marijuana decriminalization bill.


I don't care what the Governor thinks (4.00 / 1)
Saying that this sends "absolutely the wrong message"... after this legislation was worked on over the course of 6 months and went through the process, where everything as out in the open and everyone had a chance to weigh in... is/i> questioning the commitment of the House of Representatives to smart policy on crime.  So no, it's not absurd to ask him to explain his arrogant statement.

It's time we steer by the stars, and not the lights of every passing ship

[ Parent ]
I guess another way to phrase it... (4.00 / 2)
If all of the accomplishments you listed are so important - civil unions, RPS, etc. - why would he do things differently this time by disregarding the work of the legislative body that has actually crafted these policies?

Consider that 17 of the 23 House committee chairs voted in favor of this.  They went on the record to do so, meaning that they'll be held accountable by their constituents, and to the democratic leadership as well due to their position.

It's time we steer by the stars, and not the lights of every passing ship


[ Parent ]
Mark - this law ruins young people's lives (0.00 / 0)
They can't get any financial aid because they got caught smoking pot. Do you understand what that means? That means that they won't get a college education.

The Governor should wake up and learn about what people deal with on a daily basis.


[ Parent ]
The Next Governor of Missouri (0.00 / 0)
http://www.chiefwanadubie.com/

This guy makes a much more appealing spokesman than Steve "Lying Sack of Shit" Vaillancourt


Marijuana should be treated with a combination of the restrictions imposed on alcohol and tobacco. (0.00 / 0)
And no, I don't use it.

The issue here is that keeping it illegal is a waste of money, an incredible loss of economic opportunity, a bad and mixed message to send, and a good way to tell young people that the government is not their friend.

My policy: legalize it, regulate it, tax it, grow it, export it.  This country made a huge amount of money off of tobacco once upon a time...

--
"I mean, ACTIVISTS, those are merely the people who care the most!" -Jon Stewart

"We have to undo the damage. The world is waiting." -Governor Bill Richardson


One more thing (0.00 / 0)
Live Free or Die.

--
"I mean, ACTIVISTS, those are merely the people who care the most!" -Jon Stewart

"We have to undo the damage. The world is waiting." -Governor Bill Richardson


[ Parent ]
Nice work in the House Andy! (4.00 / 1)
The Governor is making me unhappy. I've had about enough of Mr. Moderate.

This bill makes sense.


It's worked in plenty of other places... (0.00 / 0)
The easing of Draconian laws of marijuana criminalization in states like Maine and Alaska has not created some vacuum of degenerate pot heads who drop out of school, don't get jobs and forget to to shower.  The law allows for people to freely choose what substances they may put into their body.  Some people drink alcohol, some caffeine,  some people smoke pot.  As one of my favorite musicians Ben Harper once said:

My choice is what I choose to do
And if I'm causing no harm it shouldn't bother you
And you're choose is who you choose to be
And if you're causing no harm you're alright by me
If you don't like my fire then don't come around
Cause I'm gonna burn one down

I encourage all in NH Senate to take the initiative to stand up for common sense.  Is there a vote scheduled yet?

Speaking as someone who's never seen a president elected not named Bush or Clinton...


Good Work, Andy... (0.00 / 0)
I'm going to write a Blog post shortly that will probably embarrass you and Jeff Fontas -- the other cosponsor of this legislation, along with Chuck Weed.  But that's for another day.

For now, thanks to you and Jeff (and Chuck) for getting this discussion this far.  I am sooooooo sorry that I did not vote for it, because on Tuesday at lunch break I just had to leave for the day, due to a very bad cold I've had, and the flu, which is clearing up.  I just couldn't stay, and up until them I had a great voting attendance record.  

I've publicly supported decriminalization for years, and I think it's reflected the position of many of my constituents, although not all.   I certainly would have voted for your bill, as I did on previous attempts dating back to the mid-1970s.  (By the way, Portsmouth State Representative Paul McEachern was also absent for the vote due to an important obligation, but has publicly said he would have "proudly" voted for it.)  Your effort was courageous and well-fought.  

I respect John Lynch and his position -- I had a similar run in with him on the legislation last year to abolish the death penalty, which came within 12 votes of passage in the House.  It's his view, and one must respect that.  It is a view shared by many others.  Overall, John Lynch has done good things and he's helped the Democratic Party and many of our causes tremendously, so I wouldn't be too hard on him.

But even if the legislation gets no further this year than passage from the House and a public hearing in the State Senate, the fact is it did get THAT far -- thanks to your efforts.  It is a discussion that has to be engaged, and a cause which eventually will be won.  Sometimes, change occurs slowly.  Fortunately, we have people like you and Jeff in your 20s while those of us in our 50s and 60s who might resist change will someday fade away.  

Don't loose your idealism.  It's your greatest political asset.


Well put Jim (4.00 / 1)
I concur. Might I add though that having witnessed in the last four years without Craig Benson, the ascension of Democrats to Majority stakes in the Congressional Delegation, the House, the Senate and the Executive Council, you would agree it was not garnered in spite of having a terrifically popular Governor, but to a great degree because of it. Lynch held the line on taxes, which he pledged to do, believing it was in the best interests of the people of New Hampshire. Those of you who remember the downturn of the late 80's, remember bankruptcies and foreclosures, with the Treasury Dept. taking over four insolvent banks in one day, and auctioning them off... the boarded up look of Manchester (Candidate Al Gore called it the 'Nightmare on Elm St'). Coming out of that terrible condition I learned that in tough times New Hampshire's impecunious ways leave us more able to survive tough times. In other words we will have more job creation/per capita than any other N.E. state and be better able to deal with economic uncertainty. While we do tax business profits and payrolls at the state level, we have the sixth highest income per capita, and have had the best growth in the region for years.

With Laura's recent rip at John Lynch, and now the antipathy shown by two of BH's favorite Reps...I had to weigh in.
Critics decry at opportunities lost to solve outstanding issues and crisis, and see eveil afoot. I don't. I concur with Jim because I would have voted for the Bill my Governor opposes on decriminalization. At least when he stands for something he lets you know, in fcat either way, he's consisten. I choose in my friend's case to focus on the achievements of the Administration.

In John's words,

"We've made government more accountable, with groundbreaking new ethics laws. These extend to employees in the Executive Branch We've taken action to protect our environment, with laws reducing mercury emissions and banning the burning of construction and demolition debris.
We live downwind from the proposed and permitted plant which the Governor put out of business...an election promise fulfilled We've worked to strengthen our economy, with new research and development tax credits, job training grants and the first increase in the minimum wage in 10 years. We've invested in our young people, the next generation, by raising the drop-out age from 16 to 18, providing the resources for quality alternative learning and expanding our children's health insurance program. And we've worked to reduce discrimination, with the passage of a civil unions law.

We have a full agenda for the coming year, which includes passing a Regional Greenhouse Gas Initiative; new laws to protect our children from on-line predators; the Health First Initiative, to make health insurance more affordable; a job creation tax credit to spur economic development in our North County; and a constitutional amendment that will allow us to target education aid to the most needy communities.  It's an ambitious agenda, but one I know we can achieve if we keep working hard.



"If you're going to do something tonight that you'll be sorry for tomorrow morning, sleep late."
Henny Youngman


[ Parent ]
edit function for posts please (0.00 / 0)
I hit post instead of preview dammit, before finished edits...
sorry

"If you're going to do something tonight that you'll be sorry for tomorrow morning, sleep late."
Henny Youngman


[ Parent ]
12/17/97 (0.00 / 0)
I do not agree with the proposed Amendment on moral grounds because we should be prepared to pay for Education. It is of primary importance to the future of our country. I think the Court has played an important role in keeping the 'do nothing on Education' Legislature on point...since I moved here in 1994, every Governor and Legislator has run on solving the School Funding situation... they never do, from unfunded Augenblick till today, passing Education Bills out of the Senate with price tags but no 'revenue enhancements' to pay for them. But on purley political grounds, an Amendment may be the only way to get money to towns that need it this year...I don't think Claremont or Franklin, Allenstown or Pittsfield will send the money back to Concord if they start getting a bigger piece of the pie. I just don't see any guarantee of the solution being enduring and fair, by dint of removing the Courts from the equation. Nor do I think an Amendment has much chance of passing the House. The Legislature would not be debating Education Funding today however had Volinsky Johnson et al not kept pushing the issue to State Supreme Court.

12/17/97 was a big day.


In the mid 1990s, the city of Claremont, New Hampshire started a process against the state of New Hampshire by which poorer communities ended up claiming resources, mostly monies, from richer communities within the state. The richer communities were mostly outraged at their forced contributions. The opinion upon whether this decision was fair or not is largely due to the community from which one lives.

The Claremont lawsuit was brought on behalf of five school districts that could not afford to properly fund their schools based on local property taxes. This was the second suit of this nature against the State of New Hampshire. The first suit was brought in the early 1980s and was settled when the State agreed to contribute 8% of the cost of education to a fund targeted to aid poor districts. The formula by which the money was distributed was designed by Prof John Augenblick and was called the Augenblick formula.

The State never fully funded its promise and by 1989 Claremont's high school had lost its accreditation because the district could not keep up with needed repairs. The then chairman of the Claremont school board, Tom Connair, caused the parties to reinstigate their lawsuit and three lawyers were hired, Arpiar Saunders, John Garvey and Andru Volinsky.

In 1993, the NH Supreme Court recognized for the first time that the NH Constitution guarantees students a right to a public education. In 1997, the NH school funding system was found unconstitutional and the legislature and governor were ordered to define the components of a constitutionally adequate education, cost them out and pay for them with taxes that were equal across the state. Four governors and their legislatures refused to comply with the Court's orders leading the NH Supreme Court to again find the school funding system unconstitutional in September of 2006. The current governor, John Lynch, a Democrat, now seeks to amend the constitution.

The Claremont petitioners have been represented since 1995 by John Tobin, Scott Johnson and Andru Volinsky, all of Concord, NH.



"If you're going to do something tonight that you'll be sorry for tomorrow morning, sleep late."
Henny Youngman


[ Parent ]
A step in the right direction (0.00 / 0)
This would be a great start for marijuana reform. We have a long way to go. It is hypocritical to call pot smokers criminals. As a young person, I have lost too many friends to alcohol. Alcoholism runs in my family, and I truly believe alcohol is a harmful gateway drug. The same goes for tobacco. NONE of these claims can be made against marijuana, for it is not addictive and no death has ever been attributed to marijuana. I'm disappointed by the Governor's decision, as I was an active supporter of his. But, the sale of alcohol pays his bills, and marijuana does not.

I found it very disappointing that Mary Jane voted against this bill... I'm sure Tom Petty would, too.


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