Massachusetts’ Tobacco Ban Went as Badly as You’d Expect

In November 2019, Massachusetts became the first state in the U.S. to ban the sale of all flavored tobacco and nicotine products, including flavored electronic cigarettes and menthol cigarettes. Four additional states have since imposed flavor bans on some products and similar policies are under consideration in many other jurisdictions. Such bans are popular among legislators and anti-smoking groups, but the latest data from Massachusetts highlight the ban’s unintended consequences. The state’s experiment in prohibition has led to thriving illicit markets, challenges for law enforcement, and prosecution of sellers.

Massachusetts’ Multi-Agency Illegal Tobacco Task Force publishes an annual report providing insight into how the state’s high taxes and flavor prohibitions affect the illicit market. As opponents of the flavor ban predicted, the law has incentivized black market sales of menthol cigarettes and flavored e-cigarettes (“ENDS,” or “electronic nicotine delivery systems,” in the parlance of regulators). “The Task Force identifies the cross-border smuggling of untaxed flavored ENDS products, cigars, and menthol cigarettes as the primary challenge for tobacco enforcement in the Commonwealth,” according to the report. “Inspectors and investigators are routinely encountering or seizing menthol cigarettes, originally purchased in surrounding states, and flavored ENDS products and cigars purchased from unlicensed distributors operating both within and outside the Commonwealth.”

The Massachusetts Department of Revenue reports conducting more than 300 seizures in FY 2022, compared to 170 in 2021 and just 10 in 2020. Many of these involve substantial amounts of products and missed tax revenue. For example, a single search warrant yielded “a large quantity of untaxed ENDS products, [other tobacco products], and Newport Menthol cigarettes affixed with New Hampshire excise tax stamps” representing an estimated $940,000 in unpaid excise taxes.

Revenue officials are seizing so many illicit products, in fact, that they are running out of room to store them. The “Task Force’s increased investigative and enforcement activities during the past year have led to the seizure of large quantities of illegal tobacco products, resulting in a strain on the Task Force’s storage capacity,” says the report. But fear not, they are working on leasing additional space “that will significantly increase storage capacity and allow for continued increased enforcement.”

Keep reading

Large numbers of Americans want a strong, rough, anti-democratic leader

It might be comforting to think that American democracy has made it past the Jan. 6, 2021, insurrection. But our research shows that a wide range of the American people, of all political stripes, seek leaders who are fundamentally anti-democratic.

It’s true that many who participated in the insurrection are facing consequences, including prison time. Many candidates for state office who falsely claimed that Donald Trump won the 2020 presidential election lost their races. And the congressional committee investigating the insurrection voted to refer Trump to the Department of Justice for criminal charges.

But more than 100 members of Congress who objected to the results of a free and fair election won their reelection campaigns. And at least seven people who attended the “Stop the Steal” rally on Jan. 6 have been elected to state legislatures and two have been elected to Congress.

As scholars interested in how committed citizens are to democracy, we wanted to measure whether regular Americans want someone who will abide by democratic traditions and practices or dispense with them.

Using a nationally representative sample of 1,500 respondents, we found that a large proportion of Americans are willing to support leaders who would violate democratic principles.

Keep reading

Fencing Reinstalled Around Capitol Building Ahead of State of the Union Address

For the third year in a row, the U.S. Capitol Police constructed a metal fence around the Capitol building ahead of President Biden’s State of the Union address.

The fence was initially installed in the aftermath of the January 6 Capitol protests and remained in place for months afterwards. It was eventually removed in July of 2021, though the barrier has been reinstalled on multiple occasions. This includes a rally in support of January 6 prisoners, a planned trucker protest and previous State of the Union addresses.

The latest construction was ordered by the U.S. Capitol Police Board, a group of congressional security officials who oversee the Capitol grounds, but whose meetings and reports are not made publicly available, CBS News reported.  “National Special Security Events require a robust security plan, so out of an abundance of caution, the U.S. Secret Service and the U.S. Capitol Police temporarily put up a fence around the U.S. Capitol Building,” said the U.S. Capitol Police in a statement.

Keep reading

Walls Work? Biden Mocked As Capitol Police Reinstall Metal Fencing For His SOTU Speech

Capitol Police have reinstalled metal fencing around the U.S. Capitol this week ahead of President Biden’s upcoming State of the Union Address on Tuesday.

CBS News is reporting that the Capitol fencing, originally installed following the January 6 riot and frequently utilized for defense ever since, is being reinstalled in conjunction with the SOTU address.

They describe it as “controversial.”

“For the third year in a row, an eight-foot, black metal fence will surround the U.S. Capitol complex during an address to Congress by President Joe Biden,” they write.

“The fencing, which is plastered with signs reading ‘Area closed by order of the United States Capitol Police Board,’ has become an increasingly common and controversial security measure” since the Capitol riot.

The fencing is expected to remain in place until at least Wednesday.

Keep reading

New Hampshire Bakery Ordered to Remove Mural Because It Depicts Pastries

On the morning of June 14, 2022, a new mural was unveiled above the entrance to Leavitt’s Country Bakery in the small town of Conway, New Hampshire (pop: 9,822). Inspired by the nearby White Mountains, the mural features a mountain range—of pastries. The whimsical idea and style was a perfect fit for the small-town bakery, and certainly a step up from the drab wooden façade that preceded it.

The mural had been painted by three local high school students as a project for their art class, and the unveiling was attended by many students and community members, including the local press.

“There were a lot of late afternoons,” said Olivia Benish, the art teacher who oversaw the project. “I wanted to give my top students a project, and they really did a great job.”

The project took 80 hours for the students to complete, which they put in over the span of five weeks.

“I’ve never done such a big piece of art before. So it’s pretty exciting,” said ​Morgan Carr, one of the artists.

Leavitt’s’ owner Sean Young was also pleased with the mural, and he was especially proud that he was able to partner with the high school on the project.

“We thought it would be a fun project for the kids and good for the community,” said Young. “Hopefully this will be an annual project, as we have other sides to the building.”

Unfortunately, this isn’t the end of the story. A week later a town official showed up to the bakery and informed Young that the mural violated a local zoning ordinance which places a limit on the allowable size of store signs. According to the town, the Leavitt’s building can’t have a sign more than 22 square feet. The mural, being 91 square feet, far exceeds that. Thus, according to officials, the mural must come down.

It’s worth noting that Conway has many large murals, all of which the town allows. So what’s different about this one? According to officials, this mural counts as a “sign” because it depicts the kinds of things the store sells, namely pastries. In other words, if the mural had depicted real mountains—or anything else for that matter—there would be no problem.

There would also be no problem if this exact same mural were displayed somewhere else. In fact, town officials told Young that if he moved the mural to the farm stand next to the bakery—which is on the same lot—then it could stay up because the farm stand doesn’t sell baked goods.

Despite immense public backlash, the town has put its foot down and is insisting the mural be removed or changed. Near the end of 2022 they threatened Young with enforcement proceedings. If he doesn’t remove or paint over the sign, he could face criminal charges and fines of $275 per day.

Keep reading

Youngkin aims to stop sale of some cannabis products, expand enforcement in Virginia

Governor Glenn Youngkin’s administration is trying to stop the sale of some potentially unsafe cannabis products.

Youngkin is asking lawmakers for more resources to bolster enforcement in his proposed budget, which will set the tone for debate in the 2023 session. Meanwhile, state officials say existing efforts to expand oversight have not resulted in any criminal penalties or lost permits to date.

Sarah Grant, general manager of “THE Dispensary” in Richmond, said state inspectors have stopped by three times since lawmakers took steps to enhance oversight last summer. They were asked to voluntarily remove all of their hemp-derived Delta-8 and Delta-10 edibles, which account for at least 40% of sales, according to Grant.

“We would at least have to cut staff and then we would have to look at closing our doors,” Grant said.

Grant says Delta-8 and Delta-10 are found naturally in small amounts in hemp, which is legal to sell. But a lack of regulation has allowed potentially unsafe synthetics with inaccurate labels to proliferate, according to some experts.

Grant said they’re currently defending the safety and legality of their products through an administrative hearing, which state officials described as an informal fact-finding conference.

Keep reading

An 8-Year-Old Ohio Girl’s Lemonade Stand Was Shut Down By Police After Nearby Food Festival Complained

An eight year old girl had her lemonade stand shutdown by police after a nearby food festival filed a complaint about her.

The police officer who had to shut her down felt so bad that he gave her the $20 necessary to get a permit.

Asa Baker was selling lemonade outside her father’s business when the Alliance, Ohio Rib and Food Festival called the police to complain.

“Well, they were really sad that they had to shut me down but they gave me $20 to try and pay for it,” Baker told local station WJW-TV.

Katrina Moore, Asa’s mother, told the station that the police officer did the right thing — even though he didn’t want to do it.

“I could definitely tell he did not want to shut her down, but, I mean, you get a call, he has to do it. He definitely did the right thing, you know, in the situation he was put in,” the mother said. “Later that day, I made a (social media) post in appreciation for the officer that gave her the money for shutting it down. You know, as unfortunate as it was, I still was very grateful that he was at least able to give her $20.”

“I understand the rules, I understand why she got shut down. It’s just a sad, sad situation,” Moore told the station.

Kyle Clark, Asa’s Dad, said that he did not know that children need a permit to operate a lemonade stand.

“We looked it up and it was pretty much anywhere in Ohio. You have to have a license and I’ve never heard of that,” Clark said.

Keep reading