Politics
Missouri Attorney General Andrew Bailey shares 2024 priorities
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Andrew Bailey was not exactly a stranger to the attorney general’s office when he was appointed to the post in 2022.The Republican previously worked as an assistant attorney general before becoming Gov. Mike Parson’s general counsel. And even though his surroundings are familiar to him, Bailey said he was still discovering things.“I had not led in a managerial role since I served as an officer in the United States Army. As attorneys, you typically manage your caseload. But it takes a while as an attorney to get into a management position,” he said. “And so, getting to lead an organization of this size is a humbling opportunity.”Whether Bailey remains in his post for the long haul will depend on whether he can outflank fellow Republican Will Scharf in the August GOP primary and then win the general election. Elad Gross is running as a Democrat.In terms of his office’s priorities, Bailey said Missourians can expect a continuation of some of his 2023 focuses in 2024 — including policies that enhance child welfare and public safety.“We look across the state of Missouri and see crime not isolated to urban areas, but across rural communities as well. And victims are suffering,” Bailey said. “And it’s important that we effectively deploy resources at the state level to fight back against violent crime and to find justice for victims.”Bailey spoke this week with St. Louis Public Radio’s Jason Rosenbaum about a variety of topics. (Questions and answers have been modified for clarity and length.)Jason Rosenbaum: There’s been a lot of focus on crime in St. Louis and Kansas City, but there are rural parts of the state where crime is a real problem. What would you want to see the legislature do?Andrew Bailey: I think there’s always improvements that can be made to our statutes. The criminal code needs to be constantly updated to adapt to changing patterns in crime. And what we’ve learned through the last year is that crime is regional. It’s not isolated to one county or one city. Crime doesn’t understand those boundaries. Crime doesn’t care that there’s 46 judicial circuits of the State of Missouri.But from the attorney general’s office, what’s important to me and what we started in 2023, and will continue in 2024, is traveling circuit by circuit and reintroducing ourselves to the elected prosecutors, sheriffs and police chiefs — and resetting where the attorney general’s office properly fits in the criminal justice system advertising the resources we have to deploy in the fight against violent crime today.We’ve seen a 133% increase in the request for the attorney general’s office to assist at the trial court level and prosecutions. We filed 447 appellate briefs last year defending prosecutors’ convictions on appeal. So we are currently effectively deploying those resources and need to get into those rural jurisdictions to make sure we’re there to assist where appropriate.Rosenbaum: There have been a number of ideas that have been floated to change the child welfare system from a structural standpoint: everything from moving juvenile officers to the attorney general’s office, allowing private companies to make sure that a child is safe, and also increasing the starting salary for child abuse investigators. What’s your thoughts on those ideas?Bailey: I think it is high time for structural change. The system that we have in place now is clearly not meeting the needs of the children of the state of Missouri. It’s the most underprivileged, underserved kids that are suffering under the system’s failures today. How this structural change needs to occur is going to be left to the General Assembly. But I do think that it is an odd system in which juvenile officers who are litigants in court are under the supervision of the court system. So you’ve got a situation where the umpires are determining who plays in the games and still calling the balls and strikes. That’s a bizarre system.Rosenbaum: Juvenile officers I’ve talked to do not want to change the system. They think it’s worked well.Bailey: I get that. But I think there is some diversity of opinion out there. Because I’ve talked to juvenile officers who would concede that the system is antiquated and is no longer functioning the way it should. And, look, there’s two different ways of looking at this, too. You’ve got under the juvenile code under [state statutes]. You’ve got child abuse neglect cases, which are kids in foster care that are placed with the Children’s Division for appropriate placement. And then you’ve got delinquency cases. So there’s also a model in which delinquency matters would stay with local juvenile officers, but you could consolidate those child abuse and neglect cases under a different entity.Rosenbaum:One of the big things you were involved in in your first year was the drama over then-St. Louis Circuit Attorney Kim Gardner. She’s gone now and has been replaced by Gabe Gore. And the sense that I hear from legislators is there’s not going to be as much focus to try and have the governor appoint a special prosecutor or placing state control back on the St. Louis Police Department. Do you think that those issues should return to be discussed?Bailey: What we see today is a circuit attorney’s office that is properly fulfilling its role in the criminal justice system by filing cases based on police reports that are referred to by the St. Louis Metropolitan Police Department. It’s meeting its obligations under the trial docket turning over discovery, and it has the warrant office open. So when offenders or defendants are picked up on the streets, they can be held on bond. So these are important critical functions. It’s working now. What I need to see is structural reform to make sure we never go back to the way things were before.Rosenbaum: One of the other ways you were in the news in 2023 was your emergency rules about transgender health care. There was a passage of legislation that would bar most minors from getting puberty blockers, gender transition surgery or hormone therapy. But there are exceptions for people that already are on puberty blockers or hormone therapy. And also, it has a sunset. Some legislators want to get rid of the grandfather clause and the sunset. What are your thoughts about that?Bailey: I would absolutely repeal the sunset and the grandfather clause. I think this Senate Bill 49 was an important first step in protecting children from experimentation sterilization masquerading as medicine. There were zero FDA approvals for puberty blockers and cross-sex hormones to be used in the treatment of pediatric gender dysphoria. So I do believe that Senate Bill 49 was an important first step. I think that I’m proud of the work my office did in defending that statute from legal attack. We’re the first state in the nation to successfully defend that measure at the trial court level. Rosenbaum: I talked with a number of families who have transgender children that went through at least hormone therapy. And what they told me is the treatment made their children genuinely happier and made them less depressed. What would you say to families that say, ‘This treatment has made my child happier and has made life more fulfilling for them?’Bailey: I think we’ve got to distinguish between causation and correlation. Were those same children provided mental health services? Or were they deprived of mental health services in favor of dangerous, powerful drugs? And the evidence that we have the victims of the sterilization industry that we put on in defense of Senate Bill 49 had the opposite story to tell that they’ll never be able to have children. That they’re suffering long-term medical health consequences.Rosenbaum: We talked extensively about how your emergency rules would have also affected adults seeking hormone therapy or gender transition surgery. I’ve talked to a lot of Republican legislators. They don’t want to put restrictions on adults. Do you think that they’re wrong?Bailey: Well, the rule was applied to the clinics. The rule said that the clinics have to provide certain access to mental health services and certain warnings about the dangerous nature of the procedures. The public should have the maximum amount of information possible upon which to make good, individualized health care decisions.Rosenbaum: I read the emergency rules. If you are an adult trying to get hormone therapy, you had to jump through a lot of hoops before you are able to get that, including therapy, getting screened for autism and treating and resolving mental health conditions. Do you want the legislature to put that into law?Bailey: I’m satisfied with the policy position that the General Assembly has laid out. I think we need to continue to understand what went wrong and make sure that the proper systems are in place to prevent it from happening again. And I’ll tell you, I’m proud of the work that my office did to lead on that issue to stand in the gap until Senate Bill 49 was passed by the legislature and signed into law by the governor.Rosenbaum: Your office is handling the Missouri v. Biden case, which revolves around federal agencies trying to get social media to take down content. When does that case go before the Supreme Court?Bailey: Briefing is due at the Supreme Court now, and we’ll be arguing that case I believe in March.Rosenbaum: What do you think is at stake in that particular case?Bailey: It’s the most important First Amendment suit in this nation’s history. The heart and soul of our constitutional right to free speech is at stake. Look, it’s not just that Andrew Bailey is sitting here telling you I think we’re going to win. We put on a quantum of evidence at the district court level. … that justified the nationwide injunction to build a wall of separation between tech and state. We then successfully defended that injunction at the Fifth Circuit Court of Appeals twice.Rosenbaum: If you’re successful, what would the federal government be able to do to say: “Hey, this social media post is saying something that is clearly wrong.’’Bailey: The remedy for disfavored speech in this nation has always been counterspeech, not government censorship. Government censorship is counterproductive, because people stopped trusting the government, and they feel that their viewpoints are being suppressed.
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Poll: Support for Missouri abortion rights amendment growing
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A proposed constitutional amendment legalizing abortion in Missouri received support from more than half of respondents in a new poll from St. Louis University and YouGov.That’s a boost from a poll earlier this year, which could mean what’s known as Amendment 3 is in a solid position to pass in November.SLU/YouGov’s poll of 900 likely Missouri voters from Aug. 8-16 found that 52% of respondents would vote for Amendment 3, which would place constitutional protections for abortion up to fetal viability. Thirty-four percent would vote against the measure, while 14% aren’t sure.By comparison, the SLU/YouGov poll from February found that 44% of voters would back the abortion legalization amendment.St. Louis University political science professor Steven Rogers said 32% of Republicans and 53% of independents would vote for the amendment. That’s in addition to nearly 80% of Democratic respondents who would approve the measure. In the previous poll, 24% of Republicans supported the amendment.Rogers noted that neither Amendment 3 nor a separate ballot item raising the state’s minimum wage is helping Democratic candidates. GOP contenders for U.S. Senate, governor, lieutenant governor, treasurer and secretary of state all hold comfortable leads.“We are seeing this kind of crossover voting, a little bit, where there are voters who are basically saying, ‘I am going to the polls and I’m going to support a Republican candidate, but I’m also going to go to the polls and then I’m also going to try to expand abortion access and then raise the minimum wage,’” Rogers said.Republican gubernatorial nominee Mike Kehoe has a 51%-41% lead over Democrat Crystal Quade. And U.S. Sen. Josh Hawley is leading Democrat Lucas Kunce by 53% to 42%. Some GOP candidates for attorney general, secretary of state and treasurer have even larger leads over their Democratic rivals.
Brian Munoz
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St. Louis Public RadioHundreds of demonstrators pack into a parking lot at Planned Parenthood of St. Louis and Southwest Missouri on June 24, 2022, during a demonstration following the Supreme Court’s reversal of a case that guaranteed the constitutional right to an abortion.
One of the biggest challenges for foes of Amendment 3 could be financial.Typically, Missouri ballot initiatives with well-funded and well-organized campaigns have a better chance of passing — especially if the opposition is underfunded and disorganized. Since the end of July, the campaign committee formed to pass Amendment 3 received more than $3 million in donations of $5,000 or more.That money could be used for television advertisements to improve the proposal’s standing further, Rogers said, as well as point out that Missouri’s current abortion ban doesn’t allow the procedure in the case of rape or incest.“Meanwhile, the anti side won’t have those resources to kind of try to make that counter argument as strongly, and they don’t have public opinion as strongly on their side,” Rogers said.There is precedent of a well-funded initiative almost failing due to opposition from socially conservative voters.In 2006, a measure providing constitutional protections for embryonic stem cell research nearly failed — even though a campaign committee aimed at passing it had a commanding financial advantage.Former state Sen. Bob Onder was part of the opposition campaign to that measure. He said earlier this month it is possible to create a similar dynamic in 2024 against Amendment 3, if social conservatives who oppose abortion rights can band together.“This is not about reproductive rights or care for miscarriages or IVF or anything else,” said Onder, the GOP nominee for Missouri’s 3rd Congressional District seat. “Missourians will learn that out-of-state special interests and dark money from out of state is lying to them and they will reject this amendment.”Quade said earlier this month that Missourians of all political ideologies are ready to roll back the state’s abortion ban.“Regardless of political party, we hear from folks who are tired of politicians being in their doctor’s offices,” Quade said. “They want politicians to mind their own business. So this is going to excite folks all across the political spectrum.”
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Democrat Mark Osmack makes his case for Missouri treasurer
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Mark Osmack has been out of the electoral fray for awhile, but he never completely abandoned his passion for Missouri politics.Osmack, a Valley Park native and U.S. Army veteran, previously ran for Missouri’s 2nd Congressional District seat and for state Senate. Now he’s the Democratic nominee for state treasurer after receiving a phone call from Missouri Democratic Party Chairman Russ Carnahan asking him to run.“There’s a lot of decision making and processing and evaluation that goes into it, which is something I am very passionate and interested in,” Osmack said this week on an episode of Politically Speaking.Osmack is squaring off against state Treasurer Vivek Malek, who was able to easily win a crowded GOP primary against several veteran lawmakers including House Budget Chairman Cody Smith and state Sen. Andrew Koenig.While Malek was able to attract big donations to his political action committee and pour his own money into the campaign, Osmack isn’t worried that he won’t be able to compete in November. Since Malek was appointed to his post, Osmack contends he hasn’t proven that he’s a formidable opponent in a general election.“His actions and his decision making so far in his roughly two year tenure in that office have been questionable,” Osmack said.Among other things, Osmack was critical of Malek for placing unclaimed property notices on video gaming machines which are usually found in gas stations or convenience stores. The legality of the machines has been questioned for some time.As Malek explained on his own episode of Politically Speaking, he wanted to make sure the unclaimed property program was as widely advertised as possible. But he acknowledged it was a mistake to put the decals close to the machines and ultimately decided to remove them.Osmack said: “This doesn’t even pass the common sense sniff test of, ‘Hey, should I put state stickers claiming you might have a billion dollars on a gambling machine that is not registered with the state of Missouri?’ If we’re gonna give kudos for him acknowledging the wrong thing, it never should have been done in the first place.”Osmack’s platform includes supporting programs providing school meals using Missouri agriculture products and making child care more accessible for the working class.He said the fact that Missouri has such a large surplus shows that it’s possible to create programs to make child care within reach for parents.“It is quite audacious for [Republicans] to brag about $8 billion, with a B, dollars in state surplus, while we offer next to no social services to include pre-K, daycare, or child care,” Osmack said.Here’s are some other topics Osmack discussed on the show:How he would handle managing the state’s pension systems and approving low-income housing tax credits. The state treasurer’s office is on boards overseeing both of those programs.Malek’s decision to cut off investments from Chinese companies. Osmack said that Missouri needs to be cautious about abandoning China as a business partner, especially since they’re a major consumer of the state’s agriculture products. “There’s a way to make this work where we are not supporting communist nations to the detriment of the United States or our allies, while also maintaining strong economic ties that benefit Missouri farmers,” he said.What it was like to witness the skirmish at the Missouri State Fair between U.S. Sen. Josh Hawley and Democratic challenger Lucas Kunce.Whether Kunce can get the support of influential groups like the Democratic Senatorial Campaign Committee, which often channels money and staff to states with competitive Senate elections.
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As Illinois receives praise for its cannabis equity efforts, stakeholders work on system’s flaws
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Medical marijuana patients can now purchase cannabis grown by small businesses as part of their allotment, Illinois’ top cannabis regulator said, but smaller, newly licensed cannabis growers are still seeking greater access to the state’s medical marijuana customers.Illinois legalized medicinal marijuana beginning in 2014, then legalized it for recreational use in 2020. While the 2020 law legalized cannabis use for any adult age 21 or older, it did not expand licensing for medical dispensaries.Patients can purchase marijuana as part of the medical cannabis program at dual-purpose dispensaries, which are licensed to serve both medical and recreational customers. But dual-purpose dispensaries are greatly outnumbered by dispensaries only licensed to sell recreationally, and there are no medical-only dispensaries in the state.As another part of the adult-use legalization law, lawmakers created a “craft grow” license category that was designed to give more opportunities to Illinoisans hoping to legally grow and sell marijuana. The smaller-scale grow operations were part of the 2020 law’s efforts to diversify the cannabis industry in Illinois.Prior to that, all cultivation centers in Illinois were large-scale operations dominated by large multi-state operators. The existing cultivators, mostly in operation since 2014, were allowed to grow recreational cannabis beginning in 2019.Until recently, dual-purpose dispensaries have been unsure as to whether craft-grown products, made by social equity licensees — those who have lived in a disproportionately impacted area or have been historically impacted by the war on drugs — can be sold medicinally as part of a patient’s medical allotment.Erin Johnson, the state’s cannabis regulation oversight officer, told Capitol News Illinois last month that her office has “been telling dispensaries, as they have been asking us” they can now sell craft-grown products to medical patients.“There was just a track and trace issue on our end, but never anything statutorily,” she said.
Dilpreet Raju
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Capitol News IllinoisThe graphic shows how cannabis grown in Illinois gets from cultivation centers to customers.
No notice has been posted, but Johnson’s verbal guidance comes almost two years after the first craft grow business went online in Illinois.It allows roughly 150,000 medical patients, who dispensary owners say are the most consistent purchasers of marijuana, to buy products made by social equity businesses without paying recreational taxes. However — even as more dispensaries open — the number available to medical patients has not increased since 2018, something the Cannabis Regulation Oversight Office “desperately” wants to see changed. Johnson said Illinois is a limited license state, meaning “there are caps on everything” to help control the relatively new market.Berwyn Thompkins, who operates two cannabis businesses, said the rules limited options for patients and small businesses.“It’s about access,” Thompkins said. “Why wouldn’t we want all the patients — which the (adult-use) program was initially built around — why wouldn’t we want them to have access? They should have access to any dispensary.”Customers with a medical marijuana card pay a 1% tax on all marijuana products, whereas recreational customers pay retail taxes between roughly 20 and 40% on a given cannabis product, when accounting for local taxes.While Illinois has received praise for its equity-focused cannabis law, including through an independent study that showed more people of color own cannabis licenses than in any other state, some industry operators say they’ve experienced many unnecessary hurdles getting their businesses up and running.The state, in fact, announced last month that it had opened its 100th social equity dispensary.But Steve Olson, purchasing manager at a pair of dispensaries (including one dual-purpose dispensary) near Rockford, said small specialty license holders have been left in the lurch since the first craft grower opened in October 2022.“You would think that this would be something they’re (the government) trying to help out these social equity companies with, but they’re putting handcuffs on them in so many different spots,” he said. “One of them being this medical thing.”Olson said he contacted state agencies, including the Department of Financial and Professional Regulation, months ago about whether craft products can be sold to medical patients at their retail tax rate, but only heard one response: “They all say it was an oversight.”This potentially hurt social equity companies because they sell wholesale to dispensaries and may have been missing out on a consistent customer base through those medical dispensaries.Olson said the state’s attempts to provide licensees with a path to a successful business over the years, such as with corrective lotteries that granted more social equity licenses, have come up short.“It’s like they almost set up the social equity thing to fail so the big guys could come in and swoop up all these licenses,” Olson said. “I hate to feel like that but, if you look at it, it’s pretty black and white.”Olson said craft companies benefit from any type of retail sale.“If we sell it to medical patients or not, it’s a matter of, ‘Are we collecting the proper taxes?’ That’s all it is,” he said.State revenue from cannabis taxes, licensing costs and other fees goes into the Cannabis Regulation Fund, which is used to fund a host of programs, including cannabis offense expungement, the general revenue fund, and the R3 campaign aiming to uplift disinvested communities.For fiscal year 2024, nearly $256 million was paid out from Cannabis Regulation Fund for related initiatives, which includes almost $89 million transferred to the state’s general revenue fund and more than $20 million distributed to local governments, according to the Illinois Department of Revenue.Medical access still limitedThe state’s 55 medical dispensaries that predate the 2020 legalization law, mostly owned by publicly traded multistate operators that had been operating in Illinois since 2014 under the state’s medical marijuana program, were automatically granted a right to licenses to sell recreationally in January 2020. That gave them a dual-purpose license that no new entrants into the market can receive under current law.Since expanding their clientele in 2020, Illinois dispensaries have sold more than $6 billion worth of cannabis products through recreational transactions alone.Nearly two-thirds of dispensaries licensed to sell to medical patients are in the northeast counties of Cook, DuPage, Kane, Lake and Will. Dual-purpose dispensaries only represent about 20 percent of the state’s dispensaries.While the state began offering recreational dispensary licenses since the adult-use legalization law passed, it has not granted a new medical dispensary license since 2018. That has allowed the established players to continue to corner the market on the state’s nearly 150,000 medical marijuana patients.But social equity licensees and advocates say there are more ways to level the playing field, including expanding access to medical sales.Johnson, who became the state’s top cannabis regulator in late 2022, expressed hope for movement during the fall veto session on House Bill 2911, which would expand medical access to all Illinois dispensaries.“We would like every single dispensary in Illinois to be able to serve medical patients,” Johnson said. “It’s something that medical patients have been asking for, for years.”Johnson said the bill would benefit patients and small businesses.“It’s something we desperately want to happen as a state system, because we want to make sure that medical patients are able to easily access what they need,” she said. “We also think it’s good for our social equity dispensaries, as they’re opening, to be able to serve medical patients.”Rep. Bob Morgan, D-Deerfield, who was the first statewide project coordinator for Illinois’ medical cannabis program prior to joining the legislature, wrote in an email to Capitol News Illinois that the state needs to be doing more for its patients.“Illinois is failing the state’s 150,000 medical cannabis patients with debilitating conditions. Too many are still denied the patient protections they deserve, including access to their medicine,” Morgan wrote, adding he would continue to work with stakeholders on further legislation.Capitol News Illinois is a nonprofit, nonpartisan news service covering state government. It is distributed to hundreds of newspapers, radio and TV stations statewide. It is funded primarily by the Illinois Press Foundation and the Robert R. McCormick Foundation, along with major contributions from the Illinois Broadcasters Foundation and Southern Illinois Editorial Association.
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