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Patrick Kenneally, Illinois State’s Attorney, Takes Action

By Patrick Kenneally, originally published in the Parent Action Network newsletter

In September of 2023, cannabis dispensaries in McHenry County, Illinois became the first in the country to be required to warn customers through in-store signage of the mental health dangers of cannabis and abstain from marketing their products as medicine. The dispensaries agreed to these consumer protections as part of a settlement with the McHenry County State’s Attorney’s Office, the office I run, in lieu of facing the consumer fraud action.

The path to this settlement was somewhat of a personal journey for me. When I became the state’s attorney in 2016, McHenry County was in the clutches of the opioid epidemic. Cannabis and the prospect of legalization was not my focus. Some constituents, however, began expressing grave concerns over the groundwork for legalization being laid in Illinois.

While I did my best to ape their concern, as any good politician would, in the back of my head I was thinking, “settle down Poindexters, who cares!” “A little marijuana is basically harmless unless you’re a bag of Doritos. We got bigger problems.”

As Illinois began pushing for cannabis legalization in earnest in 2019, more and more constituents, however, began confronting me over the fact that, apparently, I was not doing nearly enough to use my platform to sound the alarm.

Doing my own research

Somewhat exasperated, I thought I would do my own cannabis research so I could refute the bleak forecast of these chicken littles that seemingly would not leave me alone.

The first thing I realized during my investigation was that everything cannabis purveyors said to justify legalization was a lie. No, cannabis had nothing to do with mass incarceration because no one, ever, was being imprisoned for possessing a small amount of cannabis. No, tax proceeds from cannabis would not meaningfully assist in paying off Illinois’ $300 billion debt. No, cannabis legalization would not further social justice but would worsen the plight of the most vulnerable in our society. No, cannabis does not make users freer, just the opposite. No, cannabis is not harmless, it is devastatingly dangerous, especially to mental health.

What I was unprepared for was the venality, lawlessness, and downright malice of the cannabis industry.

Passing the cannabis bill was not the result of the best argument winning out after a robust debate in the Illinois legislature. The bill was written by the powerful D.C. lobby that the Governor’s sister was heading up and the cannabis industry had lavished hundreds of thousands on legislators to shore up support.

Deceptive Sales Pitches

Since legalization, the defining feature of the dispensaries’ sales strategy has been marketing cannabis as medicine capable of treating those disorders that have defined our age – depression, anxiety, post-traumatic stress disorder, and bipolar. This entire marketing strategy is a complete delusion. Cannabis is not medicine, but a noxious substance that causes or exacerbates the mental health disorders it purportedly treats.

We must pause here and allow the cruelty of this sales strategy to truly resonate. They are manipulating those already in the throes of suffering and desperate for relief into purchasing a product that will only cause them to suffer more.

Not only is this strategy cold-blooded, it’s illegal. By the very terms of the bill that legalized recreational cannabis, cannabis companies cannot make any “medicinal, therapeutic, or health” claims about cannabis.

Much like the atheist who picks of a Bible to disprove its claims and is on fire with the Holy Spirit by the time he closes Revelation, by the time I had finished doing my research on cannabis, I was not only terrified, I had been totally converted and knew something had to be done.

The Billboards Posted on Highways

I began screen-shooting the most egregious examples of the illegal marketing on dispensary websites in McHenry County (e.g. “this sativa-indica hybrid is perfect for those suffering from bipolarity”).

After showing the dispensaries the screenshots and pointing out the provision of the law that the dispensaries were flagrantly violating, it did not take much to move them from a contentious to conciliatory posture with respect to our potential lawsuit. We settled quickly.

In addition to warning customers of the mental health dangers and no longer making health claims, we negotiated $100,000 payable to the McHenry County State’s Attorney’s Office to conduct a public education campaign on the dangers of cannabis. Check out the following billboards:

In addition, personal injury litigation against big cannabis is inevitable.  I would be happy to speak with anyone injured by cannabis use (i.e. developed psychosis, depression, anxiety, etc.) about their options in this regard.  Feel free to reach out at [email protected].

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Editor’s Notes:  Reefer Madness can strike suddenly and unexpectedly.   Read our last article which covers cases in Illinois.

If warning labels had been enacted in nearby Winnebago County, could the worst crime in Rockford, IL, this year have been averted?

Other Cases of Reefer Madness in Illinois

Both the Highland Park shooter of 2023 and the Henry Pratt shooter of 2019 were well-known stoners.  The Chicago Tribune wrote that acquaintances described the Highland Park shooter as “an isolated stoner.”  

The Henry Pratt Shooter took out his anger at other employees and killed five people.  The only drugs in his toxicology report were THC, caffeine and nicotine.  

In 2014, another disgruntled employee, Brian Howard, and set fire to a traffic control station in Aurora, IL, in 2014. He smoked a bowl of marijuana that morning.  His vandalism disrupted most plane travel at Chicago’s two airports for at least one week of the busy summer season.

The marijuana industry promises cures for mental health issues.  We hope other counties and jurisdictions throughout the country will warn consumers that the industry perpetuates fraud.  Let’s stop the con artists!

Reefer Madness Can Strike Suddenly: Cases in Illinois

One year ago — on August 14, 2023, Isaac Thurston  stabbed his father at 6:30 a.m. in a quiet Glenview neighborhood.  His mother was still in bed, but woke up to call emergency services. 

Why did the 20-year-old barista, a recent New Trier High School graduate, murder his well-respected, 50-year-old father, Perron Thurston? 

 “I don’t know why I did it,” Isaac Thurston said, according to a bond proffer of the Cook County prosecutors.  The son had never been arrested before.  However, that morning the father objected to his son smoking weed before going to work at the coffee shop. An argument followed and Isaac took out the kitchen knife. 

From his obituary and the comments on Legacy, Perron Thurston was a beloved teacher and community volunteer.

Reefer Madness or another drug?

Christian Soto, perpetrator of the Rockford stabbing spree in March, blamed his actions on ‘laced’ marijuana. Continue reading Reefer Madness Can Strike Suddenly: Cases in Illinois

New York Citizens Sue State over Financing of Pot Shops

A group of New York taxpayers, along with two supporting organizations, filed a lawsuit in the New York Albany County Supreme Court on July 29, 2024.

The Cannabis Impact Prevention Coalition and Cannabis Industry Victims Seeking Justice are the primary plaintiffs.   They list the state cannabis agencies and the state tax commissioner as defendants. The suit is called CIPC, et. al. v. New York State Cannabis Control Board, et. al. Index No. 907269-24.  

The lawsuit claims that the defendants would unlawfully use state funds to finance state marihuana/cannabis retail stores.  (The marijuana industry calls pot stores “dispensaries,” and the lawsuit follows this misleading word.) The defendants are using tax funds to pay for the administration and capitalization of these stores. Low and zero-interest loans will be given to certain licensees chosen by the state.

The tax funds will assist with the manufacture, distribution, and/or sale of federally illegal drugs.

Beset by problems from the start, many lawsuits against the New York program have come and gone.  Much of the bickering came from those not favored by the state.  Disabled veterans complained that ex-convicts were given preference over them.  Most recently, Mayor Adams and Governor Hochul claim success for shutting down 1,000 illegal pot shops.

The New York Cannabis Control Board

The Defendants’ program identifies locations for retail marihuana/cannabis stores and negotiates and signs leases for those locations and designs, renovates, and furnishes ready-to-operate facilities, and pays design/build teams to provide these services to enhance the licensees’ ability to successfully conduct a marihuana trafficking business.

How Expensive is it?

The program will spend as much as $200,000,000 out of which initially will be $50,000,000 in tax funds. The defendants will use these funds to enter into leases, subleases or other arrangements and will furnish construction and construction management services for qualified dispensaries and servicing non-recourse loans.

As a result of spending state funds, participating licensees would receive a turn-key cannabis dispensary in a retail location.  Licensees would be obligated to repay the investment over time, but the costs to them would be minimal.

“We are not aware of any business or industry receiving this kind of preferential state funding, especially one that sells addiction for profit.” stated David G. Evans, spokesperson for Cannabis Industry Victims Seeking Justice. “The cannabis of today is very high in potency and causes mental illness, addiction and a host of other social and medical conditions. Many young people are becoming mentally ill from high potency marihuana/cannabis,” noted Evans.

The Plaintiffs’ Claims


The plaintiffs, New York taxpayers, claim the defendants, by financing and money laundering, engage in a federally illegal activity involving financing and money laundering. These actions imperil public interests by conflicting with and violating federal law.  They usurp powers not granted under the United States Constitution.

Plaintiffs have specifically identified wrongful expenditures and continuing wrongful expenditures of State funds by Defendants to bring them within the New York State Finance Law 123-b

Evans further claimed that: “If any landlords are thinking about renting properties to these stores they had better think twice because they are subject to prosecution. It is unlawful to knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances such as marihuana under 21 U.S.C. 856. This may also violate landlords’ loan agreements with banks. In addition, income from these stores including employee salaries may be subject to federal money laundering laws.”

The plaintiffs are seeking a permanent injunction.   They stand on good ground since the Department of Justice reiterated the fact that cannabis users may not own g

Poppot took the above photo from a seller in New York, probably illegal.  The illegal market, despite efforts to shut it down, is much bigger than the legal market.

 

Parents: Protect Your teen from Marijuana-Impaired Driving

The National Transportation Safety Board issued a safety alert to parents on July 18th: Parents: Protect Your Teen from Marijuana-Impaired Driving.  A recent investigation into an Oklahoma crash highlights the risks associated with marijuana-impaired driving among teens.  National Highway Safety Board released its report on a collision in Tishomingo, Oklahoma.  Six teen girls, ages 15-17 died in March  2022: Gracie Machado, Brooklyn Triplett, Austin Holt, Madison Robertson, Addison Gratz and Memory Wilson.  They were among the more than 3,600 teens who died in vehicle crashes that year.

The NTSB investigation showed that the teen driver approached an intersection and briefly slowed down at the stop sign.  She did not stop but accelerated and turned left in front of an oncoming truck tractor in combination with a trailer loaded with gravel. The driver and front-seat passenger wore seatbelts, but four girls in the overcrowded backseat did not.   The driver was impaired by the recent use of marijuana. 

This crash killed more teens than others last year, but it’s not unique. In South Elgin, IL on August 31, 2023,  Aanomeya Henry of Elgin drove to school and turned left, failing to yield to an oncoming dump truck at 7 a.m.  She killed two of her passengers. “Henry was driving under the influence of marijuana, according to news reports.”  Kamorra Campbell,17, and Tahlulah Henry, 16, the driver’s sister died immediately.  A third passenger suffered injuries.  It was 7 in the morning — before school started!  This idea of getting stoned during the school day suggests the need for a new parent movement.

Our problem in the US

• Marijuana use is impairing. It decreases motor coordination, slows reaction time, and impairs judgment of time and distance, all of which are critical for driving.1 

• Research on crashes in Washington state, which legalized marijuana, has shown that more drivers involved in fatal crashes tested positive for marijuana after legalization.2 

• Although marijuana may be legal in some states, driving while impaired is unsafe and illegal in all states, the District of Columbia, and the Commonwealth of Puerto Rico. 

• Driving under the influence of marijuana is dangerous for all drivers, but teens are especially vulnerable because of their limited driving experience.

• In 2022, 3,615 teen drivers (ages 15 to 19) were involved in crashes that included fatalities.3

  • Both medical marijuana states and legalization states do a horrible job of educating drivers.  In California, for example,  a commission gave the state 31 recommendations to improve safety after legalization.  The legislature never enacted any of it into law, perhaps due to opposition from the pot industry

What can parents do? 

Since schools are no longer obligated to give drug information, parents must fill in the gaps.

•  When talking to your teen about driving safety, be sure to address the risks of marijuana-impaired driving (just like drunk driving). 

•  Talk to your teen about the risks of marijuana use and its impairing effects on motor coordination, judgment, and reaction time. Discuss how marijuana use can negatively affect your teen’s ability to drive safely. 

•  Remind your teen that driving while impaired is illegal. Some states have zero-tolerance policies not just for impairment, but for any recent marijuana use before driving. 

•  Discuss strategies for making safe and responsible choices including the avoidance of marijuana-impaired driving or riding with marijuana-impaired drivers. 

• Set the example by driving unimpaired by any drugs (legal or illegal). Be consistent between the messages you give your teen and your own driving behaviors. Novice teen drivers most often learn by observing their parents.

1National Highway Traffic Safety Administration (NHTSA). 2014. “Cannabis/Marijuana.” In Drugs and Human Performance Fact Sheets, DOT HS 809 725, 7-12. Washington, D.C. Revised April 2014.

2Tefft, B.C. and L.S. Arnold. 2020. Cannabis Use Among Drivers in Fatal Crashes in Washington State Before and After Legalization. Research Brief. Washington, D.C.: AAA Foundation for Traffic Safety.

3NHTSA. 2024. Teen Distracted Driver Data: Teens and Distracted Driving in 2022.” Washington, D.C. 

<NTSB Warning re teens and driving and marijuana use July 2024.pdf>

<Legislative Report Jan 21 FINAL.pdf>