All Cannabis in America coverage is written by Alexis Evans and Alec Siegel and brought to you by Law Street Media.

State of Weed: Watch

Don’t Give Up on Recreational Marijuana, Vermont!

Vermont still has a chance to become the ninth state, in addition to the District of Columbia, to legalize recreational marijuana, even after Governor Phil Scott’s down-to-the-wire veto last month. The Republican governor told the Associated Press that negotiations are currently in the works to address his concerns regarding public safety. If the governor strikes a deal with legislative leaders, he says he’ll reach out to House Republicans to encourage them not to block the passage of the bill.

California Could Become a “Sanctuary State” from Federal Pot Law

California just became that much closer to becoming a safe haven for legal marijuana users. The state assembly approved a bill Thursday that would make California a “sanctuary state,” where local and state police would be barred, without a court order, from helping federal drug agents arrest people complying with state laws. Despite some opposition from law enforcement, AB 1578 managed to narrowly pass with a majority 41-32 votes. The bill is now awaiting the Senate’s consideration.

Nevada’s Weed Launch Date in Peril Thanks to Liquor Lawsuit

If you have dreams of smoking legal marijuana in Sin City, I wouldn’t plan on booking a Las Vegas vacay anytime soon. Nevada’s July 1 recreational marijuana launch date is in jeopardy after a district judge prohibited the Department of Taxation from issuing cannabis distribution licenses under the adopted regulations. The order comes in response to a lawsuit filed by liquor wholesalers, who claim the legislative measure gives them exclusive rights to marijuana distribution licenses for the first 18 months of sales.

All links are to primary sources. For more information on state laws for possessing, selling, and cultivating marijuana, click here to read “The State of Weed: Marijuana Legalization State by State.”

Law Street Cannabis Coverage

What is a Marijuana Lawyer?

Three Questions: Exclusive Q&A

Each month, the Cannabis in America team interviews influencers in the cannabis industry and gives you an exclusive look into their work, motivations, and predictions for the marijuana marketplace.

There is no question the cannabis industry is growing rapidly, and as more states legalize marijuana, more business will crop up. For Michah Tapman, the Managing Director of Canopy, a Boulder-based venture capital firm that invests in cannabis-related technology and services, the future is here now. Law Street’s Alec Siegel spoke with Tapman about what he looks for in a potential investment, the future of the cannabis industry, and more.

AS: What do you look for in a cannabis start-up?

MT: The number one investment criteria for us is the people. Because laws and regulations are changing so quickly, people need to be flexible, very well educated, coachable, and willing to make changes. One thing we know about the industry is that it won’t look tomorrow like it does today. Like any high growth industry, you need to know how to adapt.

AS:  Have you or the companies you work with adapted in any way since the Trump Administration came into office?

MT: The Administration definitely has scared a lot of people. Personally, [Attorney General] Jeff Sessions is opposed to marijuana. But from a policy point of view, neither Trump nor Sessions has made a policy statement indicating that they’ll crack down. They have concerns about medical marijuana, but those are personal statements. That doesn’t mean my business and my policy is going to change.

AS: How do you see the cannabis industry changing over the next five to 10 years?

MT: I see a seismic shift in the level of sophistication for cultivation. Drastic price reduction both in production costs and retail pricing, consolidation, and then fragmentation. [The cannabis industry] is not going to have a lot of mid-market players in my opinion. That will be driven by efficiencies. [Cannabis] is going to legalize. The question is when. As an investor what I’m betting on is people that are able to adapt to changing environments.

Cannabis Culture

Americans Buy More Marijuana Than Ice Cream

By Alexis Evans

Believe it or not, but Americans will probably spend more money on weed this year than ice cream. A new report from Marijuana Biz Daily expects retail sales to increase by more than 30 percent, hitting somewhere from $5 billion to $6 billion in 2017. The estimated total demand, however, for marijuana in the United States, including the black market, is around $45 billion to $50 billion. Find out more here.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Cannabis in America June 2017: Check Out This Venture Capitalist’s Take on Cannabis appeared first on Law Street.

The two-week wait is over: Vermont Gov. Phil Scott vetoed legislation on Wednesday that proposed a legal framework for recreational marijuana. Scott, a Republican, said he was not “philosophically opposed” to legalization, but he still had concerns–mostly regarding public safety and children’s health–that the bill did not adequately address.

“We must get this right,” Scott said. “I think we need to move a little bit slower.”

The legislation, which passed the Democrat-controlled House earlier this month by a vote of 79-66, would have made it legal for people 21 and up to possess up to one ounce of marijuana. Set to take effect in July 2018, the bill would have created a nine-member commission to establish a regulatory framework. Medical marijuana became legal in Vermont in 2004.

In vetoing the measure, Scott blocked Vermont from becoming the ninth state–plus Washington D.C.–to legalize marijuana for recreational use. A handful of states passed legalization measures through referendums last November. Vermont, which also tried and failed to legalize recreational cannabis last year, does not have legal authority to put marijuana legalization to a ballot vote.

Lt. Gov. David Zuckerman opposed Scott’s decision to veto the bill:

“Prohibition has failed and causes approximately 100,000 Vermonters to be labeled lawbreakers,” he said. “Vermont is now lagging behind other states in the region and is missing opportunities to capture revenue from an underground market that would allow us to address highway safety, drug education and treatment, and other needed state investments to reduce the temptation of drug use.”

Vermont residents are among the most pot-friendly in the country, according to some studies. But they will likely have to wait until next year to have another go at legalization. However Scott did say that lawmakers could amend the bill he vetoed on Wednesday over the summer, during a special legislative session.

In a statement issued Wednesday afternoon, Matt Simon, the New England political director for the Marijuana Policy Project, said he was “disappointed” by the governor’s decision, but “encouraged” by his commitment to eventual legalization. Simon added:

Most Vermonters want to end marijuana prohibition, and it is critical that the legislature respond by passing a revised legalization bill this summer. Marijuana is less harmful than alcohol, and there is no good reason to continue treating responsible adult consumers like criminals.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Vermont Governor Rejects Marijuana Legalization Bill appeared first on Law Street.

Vermont’s House of Representatives voted in favor of legalizing recreational marijuana throughout the state in a 79-66 vote on Wednesday. The legislation now heads to Governor Phil Scott’s desk to be signed.

The bill would legalize possession of up to one ounce of marijuana and cultivation of up to two plants for adults 21 years and older, beginning in July 2018. It would also set up a nine-member commission to study the best way to regulate and tax marijuana in the future.

BREAKING: #Vt house votes 79-66 to pass marijuana legalization @MyNBC5 pic.twitter.com/iXxHUAAlE5

— Rachel Karcz (@RachelMyNBC5) May 10, 2017

If signed, Vermont would become the first state to legalize recreational marijuana through its state legislature. Eight states, and Washington D.C., have approved recreational marijuana through ballot initiatives.

The House of Representatives’s vote came after the Senate approved a revision to S. 22 to include the language of H.170, which the House passed last week.

“Vermont lawmakers made history today,” said Matt Simon, the New England political director for the Marijuana Policy Project, a marijuana policy group. “The legislature has taken a crucial step toward ending the failed policy of marijuana prohibition.”

According to a recent poll of 755 Vermont voters, 57 percent of respondents said they support allowing adults who are 21 or older to use, possess, and securely grow marijuana.

“It’s time for Vermont to move forward with a more sensible marijuana policy,” Simon said. “The voters and the Legislature are behind it, and we hope the governor will be, too.”

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Vermont Legislature Passes Recreational Marijuana Bill appeared first on Law Street.

America’s addiction to opioids and heroin have reached epidemic levels. Right now, 78 people die per day from use and overdose of such drugs, forcing the conversation of governors and party leaders to address a strategy that involves treatment of addiction in conjunction with punishment for use and possession of illicit drugs.

The shift in focus as it pertains to treatment rather than solely punishment is something that politicians from the likes of Bernie Sanders to Mitch McConnell can get behind–further highlighting the fact that current solutions and implementations are not working. Read on to learn more about the growing epidemic, brainstormed strategies and example case studies, and what the 2016 presidential candidates are saying America can expect in the future.

Heroin Growth Across the U.S.

The United States represents 5 percent of the world’s population, yet utilizes 80 percent of its opioids, which are known to be the gateway to heroin use. The death toll, reported in 2014, had reached the staggering level of 47,055/year.

No population is immune from the epidemic. Figures show a consistent upward trend from urban and inner-city communities to rural areas in the same fashion. The use and subsequent dependency on legal opioid painkillers has contributed to the growing problem. Workplace accidents and injuries, cyclical familial use, post-surgery procedures, and experimentation with drugs available in the home all serve as contributing factors to the outbreak of heroin use and overdoses in the United States.

States and Municipalities Take the Lead

One prevalent public health worry is that some heroin users use in public. You can find examples readily in the news–in Philadelphia, a man on public transportation during rush hour injected heroin into his hand in full view of all other individuals on the bus. A couple traveling from Indiana who had stopped at a Cincinnati McDonald’s collapsed in front of their children from an overdose. In Cambridge, Massachusetts, a church closed its public bathrooms after several individuals overdosed in those facilities. Drug users are utilizing parks, restaurant bathrooms, hospitals, libraries, vehicles, city transit, churches, and other public places to shoot up, and in turn, are losing consciousness or dying in those public places.

Due to the increasing display of overdoses coupled with the cheap and extremely accessible nature of heroin, states, local authorities, and local organizations are being forced to take action in an effort to battle the widespread heroin use.

Taking Action: Vermont

Governor Peter Shumlin (D) of Vermont took the first step in admitting that Vermont was not equipped to handle the outbreak and consequences of heroin, stating, “I found we were doing almost everything wrong.”

Initially, Vermont began its fight by addressing non-violent offenders, who were provided with an opportunity to enter into a treatment facility instead of serving jail time. Not only did this policy change reduce the number of individuals incarcerated for non-violent drug crimes, but also addressed the need for treatment and long term solutions over punishment. The facilities work with courts and provide the requisite treatment along with ensuring appropriate steps for assimilation back into society and on-going care.

Further, Vermont has taken steps to protect individuals seeking medical assistance from prosecution from possession or intent to sell. Finally, it was the first state to legalize the over-the-counter sale of naloxone–a drug used to “reverse overdoses” and effectively save lives.

However, Schumlin is not naive to believe that the battle will not come with some difficulty. He has already addressed the shortage in supply for doctors and qualified medical personnel and is working diligently to help treat those on waiting lists. Most importantly, Schumlin recognizes the need to more rationally and safely administer prescription drugs, such as OxyContin, which often serve as the gateway to heroin when prescriptions become too difficult to obtain and OxyContin becomes scarce.

Big Steps: Ithaca, New York

While most states share in the challenges faced by Vermont, politicians are taking different approaches to fight the heroin epidemic. Most controversially, the idea of supervised injection facilities has surfaced under the direction of Mayor Svante Myrick of Ithaca, New York. A supervised injection facility would allow an individual to use heroin while monitored by a nurse or caretaker without getting arrested.

This type of facility would, without a doubt, be met with public policy, political, and judicial opposition and doubt, but Myrick stands by his initiative. Abandoned by a drug-addicted father as a young child, Myrick noted, “I have watched for 20 years this system that just doesn’t work. We can’t wait anymore for the federal government. We have people shooting up in alleys. In bathroom stalls. And too many of them are dying.”

Myrick’s facility would utilize a holistic approach and view heroin addiction as a public health issue rather than a criminal justice issue. His rationale reflects a growing belief among the younger American generation that the War on Drugs, dubbed as such by President Richard Nixon in 1971, is a drastic failure.

However, critics are wary. They see the strategy as encouraging people to continue using drugs rather than seeking treatment to free themselves from addiction. Myrick does not disagree, but recognizes the need for new solutions and is working with local prosecutors and police to gain support and insight into his proposed solution. Elected District Attorney, Gwen Wilkinson initially opposed the idea, but has seen the possible benefit and stated, “What brought me around was the realization that this wouldn’t make it more likely that people will use drugs. What it would do is make it less likely that people will die in restaurant bathrooms.”

Myrick’s plan is to ask the New York Health Department to declare the heroin epidemic a state crisis, which would allow for him to take certain steps on a local level without the approval of state legislature. Governor Andrew Cuomo has failed to make any statement regarding such a facility, but has supported needle exchange programs and additional funding for treatment and preventative care in the past.

His inspiration was Canada’s supervised injection site dubbed “Insite,” which opened in Vancouver in 2003. Dr. Patricia Daly, Chief Medical Health Officer at Vancouver Coastal Health operates the facility and has shared that the site has approximately 800 visitors daily, 10-20 of whom overdose each week, but the facility has experienced zero deaths. The number of deaths in the surrounding neighborhoods has dropped by 35 percent and in 2011, Insite gained an unexpected ally in the Canadian Supreme Court who noted the facility’s success in saving lives “with no discernable negative impact.”

Myrick has other plans as well. Under his direction, low-level drug offenders would be sent to treatment, rather than jail and the creation of a drug policy and youth apprenticeship program would provide alternatives for drugs to young people.

While the answer has shifted away from solely jailing drug abusers, the major concern about such a facility is the lack of consequences for drug abusers and its inability to treat and change behavior. Even those opposed to a supervised injection site usually recognize the need for new solutions.

What the 2016 Presidential Candidates Have to Say about the Heroin Epidemic

While many of the 2016 Presidential candidates probably did not expect to be asked questions about the growing heroin epidemic, their presences in places such as New Hampshire, a state hit hard with heroin-related deaths and overdoses, has forced them to take a stance.

Presidential candidate Hillary Clinton unveiled a $10 billion plan to combat and contain substance abuse across the nation. The Democratic candidate is on board to shift focus from pure punishment to treatment, devising federal-state collaboration programs that would allow for states to receive grant money from the federal government in order to boost treatment availability, preventative care, and incarceration alternatives. Tym Rourke, the chair of the New Hampshire Governor’s Commission on Alcohol and Drug Abuse Prevention, Treatment and Recovery shared with the Clinton campaign about the lack of adequate resources and infrastructure to tackle the epidemic. Clinton’s focus on federal-state partnerships would aim to provide the support and resources that many states, like New Hampshire, are experiencing. She is the first candidate to unveil a comprehensive proposal to fight the epidemic.

(Former) Republican candidate, Chris Christie, ran ads highlighting the importance of life and the need to help addicts on a road to recovery. Additionally, he signed a series of bills into New Jersey law that focused on heroin and opioid abuse, requiring the state to:

Put in place a requirement that substance abuse centers submit performance reports; extended immunity to emergency responders and needle-exchange program employees who administer the anti-opioid drug Narcan; and mandated that state agencies provide mental health and substance abuse services to inmates in state prisons.

Another former candidate, Jeb Bush, recognized the value of input from facilities that provide treatment and care for heroin users and announced he was working with such locations in an effort to develop a plan that would address the real issues faced by treatment centers.

Democratic candidate Bernie Sanders has pushed for a decrease in the cost of naloxone, which can serve to reverse the effects of heroin and is most often used to treat an overdose when possible. The expansion of access to such medicine would allow responders and law enforcement to react more efficiently and effectively when witnessing an overdose.

Presidential candidates are identifying the amount of heroin use and heroin-related deaths as a devastating occurrence in the United States and are taking measures to diminish the number of people affected and the number of overdoses and deaths tied to the drug.

Conclusion

It is evident from the local action taking place, as well as the national campaign exposure pertaining to the use of heroin, that leaders within the United States view this problem as an epidemic. The focus of leadership, coupled with the variety of implementations and solutions surfacing into place make one thing starkly clear–a heroin epidemic is taking place in our backyard and the possible solutions are a far cry from additional punishment or prolonged jail time. This time, the ultimate resolution has shifted and it reflects treatment. As the epidemic continues to grow and claim lives, we must wait and see what the election unfolds or work with our communities to put together plausible efforts to minimize the dangers and effects of heroin on our communities. Until then, we depend on state and local leadership and law enforcement to implement actions and procedures that will decrease the number of people dying on a daily basis from heroin overdoses.

Resources

Business Insider: One State Has Shaped the National Debate on Heroin Addiction

The New York Times: Heroin Epidemic Increasingly Seeps Into Public View

New York Post: Upstate New York Mayor Wants Place Where Addicts Can Inject Heroin Safely

The New York Times: How the Epidemic of Drug Overdose Deaths Ripples Across America

The Guardian: Hillary Clinton Proposes $10bn Plan to Combat Substance Abuse ‘Epidemic’

The Guardian: Heroin Crisis: Presidential Candidates Forced to Confront Issue on Campaign Trail

Ajla Glavasevic

Ajla Glavasevic is a first-generation Bosnian full of spunk, sass, and humor. She graduated from SUNY Buffalo with a Bachelor of Science in Finance and received her J.D. from the University of Cincinnati College of Law. Ajla is currently a licensed attorney in Pennsylvania and when she isn’t lawyering and writing, the former Team USA Women’s Bobsled athlete (2014-2015 National Team) likes to stay active and travel. Contact Ajla at Staff@LawStreetMedia.com.

The post Heroin: The Epidemic Forcing a Top Campaign Issue appeared first on Law Street.

Bernard “Bernie” Sanders, self-described Democratic Socialist, is a 73-year-old senator from Vermont, the longest serving independent in Congressional history, and a Presidential candidate. He’s been described as “one of the few elected officials who is fundamentally devoted to dealing with the plight of poor and working people” and he’s gaining ground in the polls on the Democratic front-runner, Hillary Rodham Clinton. Sanders polled within 8 percentage points of Clinton in New Hampshire last week, a pretty big deal since the New Hampshire primary comes first in the series of nationwide party primary elections. From social justice and climate change to trade agreements and health care, Bernie’s got some all-inclusive views that I can definitely get on board with. Here are 10 reasons why you’ll want to #FeelTheBern in 2016.

1. #SocialistBern: Bernie wants to provide a free college education for everyone.

Rather than cutting Social Security, Medicare, or Medicaid, Bernie wants to cut military spending and put that money towards education. That means that public colleges and universities in the country would be tuition-free.

 Say goodbye to college debt with #TheBern.

2. #ProgressiveBern: He wants to raise the minimum wage to $15 an hour.

Disposable income FTW.

3. #CivilRightsBern: He marched with MLK.

Bernie Sanders is one of two sitting senators to have attended the March on Washington in 1963 to hear MLK’s I Have A Dream Speech.

If only The Bern could still move like this…

4. #HappyBern: He’s never run a negative advertisement in over 30 years.

He has stated, “I’ve never run a negative political ad in my life…I believe in serious debates on serious issues.”

 He who hath not bitched on my TV hath mine vote.

5. #DemocracyBern: He wants to make Election Day a national holiday.

“In America, we should be celebrating our democracy and doing everything possible to make it easier for people to participate in the political process. Election Day should be a national holiday so that everyone has the time and opportunity to vote. While this would not be a cure-all, it would indicate a national commitment to create a more vibrant democracy.”

Get ready for your new favorite holiday.

6. #FlowerBern: Bernie loves the environment.

The Bern serves on the Environment and Public Works Committee, where he’s focused on global warming. He introduced the End Polluter Welfare Act to end subsidies to fossil fuel companies that immorally get huge tax breaks.

Peace, Love, and Bernie Sanders for President.

7. #PeacefulBern: He opposed entering the war in Iraq.

No further commentary needed.

8. #99PercentBern: He wants to reform the campaign finance system that allows “billionaires” to “buy elections and candidates.”

GOP better take its money and run.

9. #EqualityBern: He’s a feminist.

Bernie believes birth control should be provided through all health care plans. He’s also stated that all women who rely on the military healthcare system should have access to contraception coverage and family planning counseling.

Finally, a man who speaks to my uterus’s needs.

10. #TheRealBern: He released a folk album.

In 1987, as Mayor of Burlington, Vermont, The Bern recorded a folk album.

He’s a cool Mayor.

Feel the Bern in 2016…

And move it like Bernie to the Democratic Primaries…

So we can #BernTheHouseDown.

Jennie Burger also contributed to this story.

Emily Dalgo

Emily Dalgo is a member of the American University Class of 2017 and a Law Street Media Fellow during the Summer of 2015. Contact Emily at staff@LawStreetMedia.com.

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I hereby award a special prize to Vermont, the first state for which I could find no dumb laws backed up with proper citation. Good for you, Vermont. You are hereby deemed the state with the most common sense.

Nicely done, Vermont!

New Hampshire came close to earning the same honor as its neighbor–but not quite as it still has some of the dumbest laws in the country. The Granite State attempts to keep its residents and visitors as authentic as possible: it is illegal to check into a hotel under an assumed name. Also, no matter how delicious you may find seaweed, you cannot pick up the oceanic goody on the beach to munch on (or use for any purpose, for that matter).

In cemeteries in Claremont, many actions are illegal. No one under the age of ten may enter one at all, and no matter what your age, you may not get drunk or picnic among the graves.

Now for this post’s main event: Maine. Did you like that little play on words, Main and Maine? Me too.

Perhaps the city of Biddeford had issues with airport travelers losing all of their money prior to flights, as that town went ahead and made it illegal to gamble in airports. I wonder if that is restricted to big-time gambling in proper casinos or if it includes playing poker with a $5 buy-in while waiting at your gate?

Biddeford also made it illegal to roller skate on the sidewalk. Maybe there were too many collisions between pedestrians and renegade roller skaters.

This is fine, as long as they keep off the sidewalks!

In Ellsworth, they seem to think their laws are above those at the federal level. There, if any part of the city ordinances are more stringent than federal laws, even though they may be in conflict with them, they will prevail.

Freeport, Maine bans the sale of mercury-containing thermometers, which I find totally logical considering the toxicity of the substance. However, most places these days don’t even sell them anymore in the first place.

Moving on to the city of Waterboro, a place that really redefines being kept on a short leash. There, dog leashes may not be over eight feet long. Not sure how happy PETA would be about that one.

Deer in Wells, Maine better not count on humans to obtain sustenance, as it is illegal for anyone to feed one. Also, the city really wants to ensure respect for the dead, as advertisements may not be placed in cemeteries.

I’ve saved the best for last in my oh-so-humble opinion. In South Berwick, Maine, there is a long list of places where one may not park. Included on that list is a specific Dunkin Donuts. But… how will doughnut lovers everywhere get their fix?! Walking?!

Thank you for joining me for this week’s post, tune in next time!

Marisa Mostek

Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

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The concept behind sex offender lists is good–we want the public to have access to the names and locations of predators. But as recent reports detail, the concept doesn’t always match up with reality. And while the idea of sex offender lists is to protect the people, sometimes they create more harm than good. Furthermore the idea of sex offender lists in some ways violates one of the moral tenants of our justice system–the idea that rehabilitation is possible.

One of the biggest issues with sex offender registries is that they are not consistent from state-to-state. All of them contain the obvious crimes–rape, pedophilia, and the like, but laws differ when it comes to other crimes that fall into more gray areas. For example, over half the states have laws that allow teenagers to be put on sex offender registries if they have consensual sex with another teenager.

Statutory rape laws, when applied to teenagers, operate on sliding scales. Each state has slightly different laws, but they all operate under the same principle: there is leeway for teenagers of the same age who have sex, but as they get further apart in age, the legality vanishes. Here’s an example: in my home state of Connecticut, it would be legal for two sixteen-year-olds to engage in sexual intercourse. It would be illegal for a 14-year-old and a 17-year-old to do the same.

Of course, the argument can be made that those three years do mark important differences in maturity. That’s fair, and I’m not attempting to say that there aren’t many cases in which abuse does occur. These laws do protect that from happening, and even if just one victim is saved, the laws are doing their jobs. But, violating these laws could land that 17-year-old on the sex offender registry, and that’s where I see a problem. A 17-year-old who has sex with a 14-year-old made a bad choice, and broke the law, but he or she does not necessarily deserve to pay that price for the rest of their life.

That exact scenario has happened before– this week Slate published the story of a man named Virgil McCranie who slept with his 14-year-old girlfriend Misty shortly after turning 18. He has since married Misty and started a family with her, but he had had to register as a sex offender to avoid jail time. Because of the laws in his state, he can’t attend his kids’ sports games or dance recitals. He’s lost jobs, money, and opportunities. That doesn’t really seem like justice–it seems like unnecessary punishment.

Consensual sex between teenagers isn’t the only crime that can land you on that list–urinating in public can in certain states. Again, that’s a crime, but the question I want to pose here is, does the punishment match the crime? I’m not so sure.

Inconsistency isn’t the only problem with sex offender lists. They also have the potential to be outdated and inaccurate. Recently it was discovered in Vermont that over 10% of the entries on their sex offender registries were inaccurate in some way. That’s hugely problematic–especially when the presence of a name on a sex offender registry can so seriously affect someone’s life when it comes to job opportunities, purchasing houses, and being a part of the community.

There’s also the issue of how sex offender registries fit into the idea of our justice system. In some ways, our justice system is centered on rehabilitation. Putting people on “lists” to warn the public around them directly contradicts the goal of rehabilitation. Criminal records are of course always affect an individual’s job prospects. But the voyeuristic nature of the sex offender lists make them even more difficult to overcome. As one mother of a young man on a list pointed out:

Several years ago, my son made some really bad choices. He was 22. The girl was 16. He would be placed on the sex offender registry for the rest of his life. He would never be able to serve his time and move on with his life, like any other offender.

She’s right–this can really ruin an offenders life, and not always deservedly so. The blanket treatment that occurs with sex offender registries is problematic–cases deserve to be reviewed on an ad hoc basis. Recognizing rehabilitation is important, and its time that we see that in some of these cases, the punishment simply does not fit the time.

—

Anneliese Mahoney (@AMahoney8672) is Lead Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

Featured image courtesy of [Kevin Spencer via Flickr]

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

The post Sex Offender Lists: Harmful or Helpful? appeared first on Law Street.