Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com

By Kathy Wray Coleman, associate publisher, editor

CLEVELAND, Ohio-Cleveland Mayor Justin M. Bibb joined Chief Prosecutor Aqueelah Jordan, Law Director Mark Griffin, and City Council President Blaine Griffin at the Justice Center in downtown Cleveland as Jordan and Griffin filed motions in the Cleveland Municipal Court clerk's office for judges to hold hearings to possibly expunge 4,077 records of low-level marijuana convictions dating back to 2017. Though guided by state law and other authorities, expunging a criminal record in Ohio remains at the discretion of trial court judges. Most of the people impacted by the motions filing are Black and Cleveland is a largely Black major American city of some 372,000 people. "Today, we are moving forward with [seeking to clear the names] of over 4,000 residents who deserve a fresh start," said Mayor Bibb, 34. "This is just one way we can make progress on criminal justice reform to balance the scales and remove barriers to employment and reentry." At least 455 of the cases include marijuana convictions that occurred since city council, in 2020 and per an ordinance sponsored by Griffin, eliminated jail and fines for possession of up to 200 grams, or just over seven ounces of marijuana. Griffin said that Cleveland needs to keep up with the times in terms of criminal justice reforms and associated public policy measures. "This is the natural progression of what we (at council) wanted to see, first to decriminalize, then to have records expunged," said Council President Griffin. "Before we passed the legislation, we put together a working group with activists and criminal justice experts." Under Ohio law, possession of marijuana of less than 200 grams is a misdemeanor, and more than 200 grams is a felony of varying degrees depending on the amount confiscated. Cleveland's minor misdemeanor ordinance was amended in 2020 to eliminate possible fines and jail time, including the $150 fine, and to make it applicable up to 200 grams. But regardless of whether a fine or jail time is eliminated regarding the conviction, there is often a stigma associated with drug possession on a criminal record as it sometimes interferes with employment opportunities, and educational, housing and other opportunities, which is partly why having a criminal record expunged is beneficial. The 13-member largely Black Cleveland Municipal Court, which also includes a separate municipal housing court, is led by administrative and presiding judge Michelle Earley, who is Black. How long a time period is needed for the judges to rule on the motions remains in question and until infinity is obviously not the answer as Cleveland judges traditionally have difficulty managing the dockets of cases that are routinely before them. Chief City Prosecutor Aqueelah Jordan, has said that "our judges are very busy and we are going to be very supportive of whatever time they need.” Judges in Ohio, however, are subject to the criminal, civil and local rules of procedure, appellate and Ohio Supreme Court rules, as well as the Ohio Rules of Superintendence, among other authorities. Typically it should take up to six weeks to get a record expunged but since the pandemic the judges dockets have been moving slowly and some cases can linger on for years. Ohio’s new law on expunging criminal records became effective as of April 12, 2021 and under such law a person, absent a felony sex crime, crime of violence, DUI/OVI offense, or first, second- or third-degree felony on a his or her criminal record, qualifies for the unlimited expunging of criminal records. Other convictions qualify under limited circumstances by statute. While medical marijuana is legal in Ohio, recreational marijuana remains illegal. The recreational use of cannabis, however, has been legalized in 18 states, Guam, the Northern Mariana Islands, and D.C, and another 13 states and the U.S.Virgin Islands have decriminalized its use. The U.S. House of Representatives voted to approve H.R. 3617, the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, congressional legislation that would remove marijuana from the list of federally controlled substances and eliminate federal criminal penalties. It is currently before the U.S. Senate for possible approval. Mayor Bibb said that the city of Cleveland wants 4,000 or so misdemeanor marijuana criminal records expunged by the majority Black judges in Cleveland's municipal court and that the request is timely following passage last week by the U.S. House of the MORE Act, a bill that awaits approval in the Senate. If it is ultimately passed by Congress it would remove marijuana from the list of federally controlled substances and eliminate federal criminal penalties. "The motions filed today show that Cleveland is leading the way on criminal justice reform," said Mayor Bibb, the city's fourth Black mayor, and a progressive mayor who won a nonpartisan mayoral election last November over then city council president Kevin Kelley by a landslide.

By Kathy Wray Coleman, associate publisher, editor. Coleman is a seasoned Black Cleveland journalist who trained at the Call and Post Newspaper for 17 years and an experienced investigative and political reporter. She is the most read independent journalist in Ohio per Alexa.com

Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com, the most read Black digital newspaper and Black blog in Ohio and in the Midwest. Tel: (216) 659-0473. Email: editor@clevelandurbannews.com. We interviewed former president Barack Obama one-on-one when he was campaigning for president. As to the Obama interview, CLICK HERE TO READ THE ENTIRE ARTICLE AT CLEVELAND URBAN NEWS.COM, OHIO'S LEADER IN BLACK DIGITAL NEWS.

Pictured is Cleveland Mayor Justin Bibb, the city's fourth Black mayor

By Kathy Wray Coleman, associate publisher, editor, investigative reporter

CLEVELAND, Ohio – The  city of Cleveland is seeking applications for the new Cleveland Community Police Commission with applications due by April 30.

The city's fourth Black mayor who took office in January, Mayor Justin Bibb, 34, said that residents are encouraged to apply to join the new commission by submitting an application to mayor.clevelandohio.gov/police-reform

"We're proud to open applications for 13 members of the new commission who will be carefully selected following a fair and rigorous application and evaluation process," said Mayor Bibb in a statement to  Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com, Ohio's Black digital news leader. "This is one of the most important steps in the process to implement police reform, which will serve as a model for the nation on strengthening citizen oversight."

The new community police commission will launch once a majority of members are appointed to four-year terms, replacing the existing commission. Applications will be screened for eligibility based on criteria outlined in Charter Section 115-5 with community input before Mayor Bibb makes recommendations to city council for approval.

Commission members in general must be Cleveland residents and at least two members must come from community organizations focused on civil rights. Also, at least one member must be an attorney or have relevant lived experience of the criminal justice system, mental illness or homelessness.

A product of Cleveland's public schools and former banker with a law degree, Bibb won a nonpartisan mayoral runoff in November over then city council president Kevin Kelley. And while Bibb campaigned in part for police reforms and accountability, Kelley, who is White and an attorney, became somewhat of a police spokesman during his campaign, a campaign that saw Bibb trounce Kelley  in the city's first open election since now retired Frank Jackson, a four-term mayor and the city's third Black mayor, won office in 2005 for his first four-year term.

Bibb said that the new commission will have "real teeth with new disciplinary powers to stamp out misconduct." The mayor, however, stressed that he wants police accountability in a manner that is fair to the citizens of Cleveland as well as the city's police force.

"This is not about targeting police officers, it's about setting a higher ethical standard in our police department to create a culture of respect and accountability," the mayor said. "Residents should feel safe and assured that calling the police won't escalate into violence or brutality and police officers who do the right thing should not be afraid."

The new commission replaces an old commission run primarily by police brass and the mayor's office. It was established last year by Cleveland voters when they overwhelmingly passed Issue 24, a charter amendment and police reform initiative on the ballot that establishes the new commission and was pushed by community activists and the Ohio ACLU, and by Tamir Rice's mother, Samaria Rice, and two other Black women who have lost loved one's at the hands of Cleveland police. Notwithstanding applicable provisions of the city's union agreements with the police and other law enforcement unions, it puts key decisions on police policies and the discipline of officers in the hands of a civilian-led board community police commission That commission seemingly has the authority to enact policies, override the police chief or safety director on disciplinary matters, make decisions on what training officers receive, and exercise authority over hiring practices.

It remains to be seen if litigation will ensue regarding any conflict as to the authority of the new commission and the mandates under the collective bargaining agreement between the city and the Cleveland Police Patrolmen's Association, the labor union for rank and file Cleveland cops.

The city and the U.S Department of Justice are parties to a court-monitored consent decre for police reformse that was implemented in 2015 after a host of police killings of Black people since 2012, including the 137 shots shooting deaths of Malissa Williams, 30, and Timothy Russell, 43, in November of 2012, and 37-year-old Tanisha Anderson and  12-year-old Tamir Rice in 2014. Others killed by Cleveland police over that time span include Brandon Jones, rapper Kenneth "Ball" Smith, and Daniel Ficker, who was White. The latter three were under 28 years old when police snapped out their lives.

Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com, the most read Black digital newspaper and Black blog in Ohio and in the Midwest. Tel: (216) 659-0473. Email: editor@clevelandurbannews.com. We interviewed former president Barack Obama one-on-one when he was campaigning for president. As to the Obama interview, CLICK HERE TO READ THE ENTIRE ARTICLE AT CLEVELAND URBAN NEWS.COM, OHIO'S LEADER IN BLACK DIGITAL NEWS.

Pictured is Ohio 11th Congressional District Congresswoman Shontel M. Brown, a Warrensville Hts. Democrat whose largely Black congressional district includes Cleveland

Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com,

By Kathy Wray Coleman, associate publisher, editor

WASHINGTON, D.C. – Ohio 11th Congressional District Congresswoman Shontel M. Brown (OH-11), a Warrensville Heights Democrat whose largely Black congressional district includes Cleveland and several of its eastern suburbs in Cuyahoga County, voted for the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. It passed the Democratically-controlled U.S. House of Representatives 220-204 on Friday and now heads to a battle in a 50-50 Senate, a senate that rejected a similar legislative proposal two years ago when Republicans were in the majority.

If ultimately passed by Congress, the comprehensive federal legislation, which was introduced by Rep Jerrold Nadler, a Democrat out of New York, would, in short, decriminalize marijuana at the federal level. Passed largely along party lines, the bill requires a federal tax on marijuana sales that would start at five percent and eventually increase to eight percent over a five year period. And it would remove marijuana from the list of federally controlled substances amd eliminates federal criminal penalties.

Brown says the bill is an attempt by Congress to tackle the injustices marijuana has had on communities of color, particularly relative to the nation's racist and unjust legal system and its disproportionate effect on America's Black community.

“Decades upon decades of failed, discriminatory drug policies have directly harmed Black and Brown communities," said Rep Brown on Friday. "Even today, some Americans serve harsh sentences for marijuana use, while others make millions in profit off of the industry."

The congresswoman, one of two Blacks in Congress from Ohio, went on to say that “the MORE Act would right this historical wrong by decriminalizing marijuana," and that "today, I am proud to cast my vote to decriminalize marijuana and bring us one important step closer to justice.”

Then a Cuyahoga County councilwoman, Brown handily won election last November over Republican Lavern Jones Gore to replace former congresswoman Marcia L. Fudge until a regular election could be held, and to serve out Fudge's unexpired two year congressional term. Fudge vacated her congressional seat in March of 2021 to become secretary of housing and urban development with President Joe Biden's administration, a seat that remained vacant until Brown won the special election in November to replace her.

Congresswoman Brown faces former Ohio senator Nina turner for a May 3 rematch of a primary held last year that she, then a Fudge protege and chairperson of the Cuyahoga County Democratic Party, won over nine other Democratic candidates, including Turner, her closest opponent whom she narrowly defeated, though last's year primary election was a special election and this year's is a regular primary.

If she wins next month's Democratic primary, Brown will face independent journalist and former East Cleveland mayor Eric Brewer, a Democrat-turned-Republican, for a Nov 8 general election. Cuyahoga County and Cleveland are Democratic strongholds led primarily by Democratic public officials, and Ohio's 11th congressional district is overwhelmingly Democratic too.

Regardless of who wins, he or she will lead an 11th congressional district that will later be altered by new congressional redistricting maps, a map, in fact, that will likely include all and not most of Cleveland, and that no longer includes a predominantly Black pocket of Akron and some of its suburbs of Summit County. A 15-district congressional map approved by the Ohio Redistricting Commission in January was struck down by the Ohio Supreme court as favoring Republicans, and thus unconstitutional, and a subsequent map submitted to the court by the commission in March remains in dispute but will likely go forward on the May 3 ballot since the court will not hear the challenge until after that date.

Currently 9th Congressional District Congresswoman Marcy Kaptur, a Toledo Democrat and the longest serving woman in the U.S. House of Representatives, represents parts of Cleveland's largely White west side, and Brown, in addition to suburban territories in Cuyahoga and Summit counties and a small segment of Akron, Cleveland's largely Black east side.

While medical marijuana is legal in Ohio, recreational marijuana remains illegal. The recreational use of cannabis, however, has been legalized in 18 states, Guam, the Northern Mariana Islands, and D.C, and another 13 states and the U.S. Virgin Islands have decriminalized its use.

Criminal justice reform advocates and some Black scholars say marijuana's deeply racist history is rooted in the need for comprehensive criminal justice reforms across the board.

The over-representation of Black Americans in the nation’s justice system is well documented.

"One in three Black men born today can expect to be incarcerated in his lifetime, compared to one in six Latino men and one in 17 white men," Hinton said. Black women are similarly impacted as one in 18 Black women born in 2001 is likely to be incarcerated sometime in her life, compared to one in 111 White women."

Bias by decision makers at all stages of the justice process disadvantages Black people," Dr. Hinton argues. "Studies have found that they are more likely to be stopped by the police, detained pretrial, charged with more serious crimes, and sentenced more harshly than white people."

As federal lawmakers continue to debate whether to make recreational marijuana legal on the federal level,  voters and state legislatures from across  the country, aside from in the 18 states that have already legalized its recreational use, continue to confront the issue, one way or another.

Ohio lawmakers and the state's Republican-dominated state legislature have rejected proposed legislation to legalize recreational Marijuana under state law, and voters, in 2015, turned down a private citizens-led ballot initiative to approve recreational pot use in the state.

Clevelandurbannews.com and Kathywraycolemanonlinenewsblog.com, the most read Black digital newspaper and Black blog in Ohio and in the Midwest. Tel: (216) 659-0473. Email: editor@clevelandurbannews.com. We interviewed former president Barack Obama one-on-one when he was campaigning for president. As to the Obama interview, CLICK HERE TO READ THE ENTIRE ARTICLE AT CLEVELAND URBAN NEWS.COM, OHIO'S LEADER IN BLACK DIGITAL NEWS.