Would certifying Issue 2 destroy Ohio values?

Would certifying Issue 2 destroy Ohio values?  No, it would not.  In fact, one could conclude that with the passage of issue 2, Ohio would return to core American values of personal freedom and responsibility.

Building on the values of our nation’s founders shouldn’t scare the citizens and families of Ohio.  After all, the values taught within your family are up to you, and not through authoritarianism of your government.  The stigma of marijuana consumptions has changed immensely over the last few decades, and the choice to consume is completely personal.  The harms of marijuana prohibition have had an enormous impact on our society and destroyed families through mass incarceration of Americans, for many times, victimless crimes.

The war on drugs has been incredibly harmful to our community.  Although I suspect it’s called the “war on drugs” to convey the image of a evil drug dealer in a crime movie make no mistake, like any war, it has impacted, and continues to impact co-workers, neighbors, and family members.  It doesn’t sound so fun to support if it’s called “the war on your uncle and cousins.”

In the year 2022 there were 208,192 people arrested for marijuana possession according to the FBI’s crime data explorer.  The real numbers may be even higher, as not all agencies throughout the country report data to the FBI.

Many of us personally know how some of the existing marijuana possession laws can cause a life to spiral and ruin family structures.  Once someone’s record is stained by drug charges, the path to gaining employment and decent housing can become nearly impossible, thus thrusting many into the black market and shadows of our society and economy beginning a horribly viscous cycle.

While I believe that there are many other factors of the drug war, and criminal justice reforms need addressed,  I hope that those who are tasked with serving and protecting their neighbors can focus on harmful and violent crimes in our communities.   I understand that issue 2 is an important step in the right direction, making a simple step forward within the constraints of a ballot initiative.

I encourage everyone to vote yes on Issue 2 on Tuesday November 7th.  Let’s make a move against the recent onslaught against our rights and take a step towards returning to American values.  Let’s take one step towards the American ideals of personal privacy, liberty, and freedom.  Vote yes!

Sincerely,

Joshua A Umbaugh

Chair

Libertarian Party of Montgomery County Ohio

https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/explorer/crime/arrest

Appeals Court Rules Woman Who Had $8,000 Seized Through Asset Forfeiture Will Get Her Day in Court

Cristal Starling lost $8,000 after she missed one of several filing deadlines to contest the seizure of her money by police. A federal appeals court says she and others like her should be given more leeway.

“As was made clear in this case, the lax notice requirements allow the government to start the clock toward default judgment with perfunctory measures, such as ordinary mail, and by posting on a government forfeiture website that the citizenry has no reason to know of,” the 2nd Circuit wrote. “And because the typical forfeiture case concerns cash and goods with consequence to the deprived party but which rarely justify hiring a lawyer, a huge number of civil forfeiture cases are fought by claimants acting pro se. All this is driven by incentive: The authorities can pocket what they can seize by forfeit.”

https://reason.com/2023/08/09/appeals-court-rules-woman-who-had-8000-seized-through-asset-forfeiture-will-get-her-day-in-court/

A SWAT Team Destroyed an Innocent Man’s Shop. Then the City Left Him With the Bill.

Carlos Pena’s livelihood has been crippled. It remains to be seen if he’ll have any right to compensation.

The police-power shield invoked by some courts is a historical “misunderstanding,” says Jeffrey Redfern, an attorney at the Institute for Justice, the public interest law firm representing Pena in his suit. Judges have recently held that so long as the overall action taken by the government was justifiable—trying to capture a fugitive, for example—then the victim is not entitled to compensation under the Fifth Amendment.

https://reason.com/2023/07/27/a-swat-team-destroyed-an-innocent-mans-shop-then-the-city-left-him-with-the-bill/

The FBI Finally Returned Her Life Savings After Holding It for Two Years Without Pressing Charges

Institute for Justice Class Action Lawsuit Challenging “Take Now, Explain Never” Forfeitures Will Continue

The FBI’s forfeiture notices violate the Fifth Amendment, which requires the government to provide specific factual and legal reasons for forfeiture.

https://ij.org/press-release/the-fbi-finally-returned-her-life-savings-after-holding-it-for-two-years-without-pressing-charges/

Fifth Circuit Affirms Just Hours After Oral Argument: Criminal Libel Arrest for Criticizing Police Officer …

…Louisiana law had never been revised to comply with the First Amendment…

https://reason.com/volokh/2023/08/16/fifth-circuit-affirms-just-hours-after-oral-argument-criminal-libel-arrest-for-criticizing-police-officer/#more-8245547

‘No Reasonable Officer’ Would Have Arrested a Guy for a COVID-19 Joke, the 5th Circuit Says

The appeals court ruled that a Facebook post alluding to World War Z was clearly protected by the First Amendment.

U.S. District Judge David C. Joseph dismissed his claims with prejudice, concluding that his joke was not covered by the First Amendment, that the arrest was based on probable cause, and that Iles was protected by qualified immunity. …[T]he U.S. Court of Appeals for the 5th Circuit ruled that Joseph was wrong on all three counts.

https://reason.com/2023/08/28/no-reasonable-officer-would-have-arrested-a-guy-for-a-covid-19-joke-the-5th-circuit-says/

Federal Appeals Court Rules Detroit’s Asset Forfeiture Violates Due Process Rights of Drivers

A federal circuit judge writes that Detroit’s vehicle seizure scheme “is simply a money-making venture—one most often used to extort money from those who can least afford it.”

Under civil asset forfeiture laws, police can seize property suspected of being connected to criminal activity, even if the owner is not charged with a crime. Law enforcement says civil asset forfeiture is a vital tool for disrupting drug trafficking and other organized crime by targeting illicit revenue.

However, civil liberties groups like the Institute for Justice say police often target innocent owners or petty offenders—not cartel lords—and force them to bear the cost of challenging the seizure in court.

https://reason.com/2023/09/01/federal-appeals-court-rules-detroits-asset-forfeiture-violates-due-process-rights-of-drivers/

Qualified Immunity Meets the Takings Clause

A Sixth Circuit decision holds qualified immunity protects a state elevator inspector from being sued for taking a hotel’s property.

Government officials should not be allowed to escape liability for constitutional violations by relying on the bogus, judicially invented doctrine of qualified immunity. 

https://reason.com/volokh/2023/06/28/qualified-immunity-meets-the-takings-clause/

Aaron Dean’s Conviction Suggests What It Takes To Hold Cops Accountable for Wrongly Using Deadly Force

The former Forth Worth officer shot Atatiana Jefferson through a window of her home. He said he thought she was a burglar.

Aaron Dean’s conviction and sentence show that cops can be held accountable when they kill someone for no good reason. But the counterexamples suggest that many jurors are inclined to accept almost any excuse that highlights the hazards of the job, even when those hazards are imaginary.

https://reason.com/2022/12/21/aaron-deans-conviction-suggests-what-it-takes-to-hold-cops-accountable-for-wrongly-using-deadly-force/

DEA Seizes Record Amounts of Fentanyl in 2022

The iron law of prohibition states that, all things being equal, as enforcement ramps up, smugglers prefer higher potency forms of a drug for the same reason those who sneak alcohol into a football game prefer hard alcohol in flasks to 12‐​packs of beer. The lethal logic of the iron law of prohibition means that we cannot enforce our way out of the opioid crisis. And if fentanyl smugglers become somehow easy to catch, there’s always carfentanil, which is about 100 times more potent than fentanyl and has already been showing up in America’s drug supply.

https://www.cato.org/blog/dea-seizes-record-amounts-fentanyl-2022