Amy Klobuchar and Tom Cotton’s Big Tech Anti-Monopoly Bill Exempts Their Preferred Firms

“Note, however, the bill stipulates that it only covers firms that are over the $600 billion line “as of the date of enactment.” In other words, if a company has a market cap under $600 billion on the day the bill becomes law, then that company is permanently exempt—even if it later crosses the threshold.

Two companies that are currently under the $600 billion line and thus exempt from the bill are mega-retailers Target and Walmart. These companies are both worth hundreds of billions of dollars, and their e-commerce platforms are growing at a faster rate than Amazon’s. But under the Klobuchar/Cotton law, it wouldn’t matter if Target and Walmart overtake Amazon—they would be immune from this new antitrust action, as long as they are small enough on the day the bill is signed.

Readers may be interested to note that Target is headquartered in Minneapolis, Minnesota. Walmart is headquartered in Bentonville, Arkansas. Isn’t that interesting? It’s probably just a coincidence that the $600-billion-at-date-of-enactment provision would shield the two most important companies in Klobuchar and Cotton’s home states.”

How Mitch McConnell Accidentally Created An Unregulated THC Market

“Mitch McConnell didn’t know what he was doing when he passed the 2018 Farm Bill. The bill included his provision that legalized industrial hemp, a form of cannabis that can be made into a wide variety of products including cannabidiol, a non-intoxicating cannabis compound commonly called CBD. That part was intentional — the law quickly launched a multi-billion dollar industry that put the once-obscure CBD compound into lattes, seltzers and hundreds of CVS stores across the country.

But after three years it appears one of the law’s biggest impacts was entirely unintentional: It accidentally created a booming market for synthetic THC, marijuana’s primary intoxicant.

The same type of CBD that’s for sale at CVS is now being synthetically converted into THC and packaged into vape cartridges and gummy bears. Thanks to a loophole in the 2018 Farm Bill, these drugs are marketed as a “legal high” and sold online and in states where marijuana remains illegal.

But chemists warn that these drugs can contain hazardous solvents, acids and unknown compounds. When FiveThirtyEight legally purchased hemp-derived THC products for testing, we found illegal levels of THC and a variety of mystery compounds that could not be identified. There are no federal safety testing requirements for these products, and while hemp companies occasionally publish test results, some brands have been caught using fake test documents.”

“The hemp industry has quickly moved past selling just Delta-8-THC and is now offering an increasingly long list of synthetic cannabinoids that they can ship directly to your door.”

“McConnell has spent years fighting for hemp legalization and, in particular, the legalization of CBD in an effort to appease his home state’s farmers. He made hemp legalization a campaign issue in 2013 and, when the Drug Enforcement Agency blocked Kentucky’s farmers from growing CBD-rich hemp under an earlier pilot program, the senator publicly fought the agency until the DEA backed down.

When it came to writing the 2018 law, McConnell apparently didn’t want to take any chances with the DEA. His provision permanently removed hemp from the Controlled Substance Act”

“The five professional chemists we spoke to for this piece were all particularly concerned by the sale of synthetic cannabinoids like Delta-8-THC-O acetate, which are both synthetically made and synthetically designed (unlike Delta-8-THC, which can be found naturally in cannabis). These types of synthetic cannabinoids were first invented by the pharmaceutical industry and can react with our internal cannabinoid receptors in unnaturally strong ways.”

Indiana Woman Must Shut Down Business After County Officials Determine Her Farm Isn’t Zoned for Commercial Goat Yoga or Goat Snuggling

“Since the beginning of the pandemic, Jordan Stevens has been running Indiana’s only full-time goat yoga operation on her farm in rural Hamilton County. She’s since been forced to stop offering that service by the planning officials who say her property isn’t zoned for goat yoga uses.

Her application for a zoning variance that would have legalized the business, Happy Goat Lucky Yoga, was also denied by the county. The expense of that process plus the added costs and hassle of not being able to run her business on her own property has Stevens, who suffers from multiple sclerosis, considering shutting down her goat yoga business entirely and applying for disability benefits.

“It sucks,” she tells Reason. “They take so much money from people who are already taxpayers and then we can’t even do the things we want to on our own property that aren’t even hurting anyone.””

“Stevens’ farm and the smaller adjacent property owned by her grandmother, where the yoga classes were actually held, is zoned as an A-2 agricultural district.

In Hamilton County, that allows the property to be used for a number of agribusiness activities, including raising crops and livestock, retail sales of agricultural products, and home occupations. But none of those categories allowed for goat yoga or snuggling, according to Taylor, who said the business would have to obtain a zoning variance if it wanted to continue to operate legally.

His email came attached with a variance application and a suggestion she contact the state departments for Building Inspection and Transportation to get their input on legalizing her business.”

“That all cost Stevens about $1,000, including a $500 application fee. The lost revenue from two months of not hosting classes cost her another $4,000 she says.

It was all for nought.

At a preliminary hearing, commission staff said that she would need to apply for two variances, one for her grandmother’s property where the classes are held and another for her neighboring farm where the goats are kept. That wasn’t something Stevens could easily afford, given the expense of the first application.”

“Fortunately, neighboring Tipton County officials proved more receptive to her business. She was able to rent out their county fairgrounds, where she’ll close out the season. Having to move her whole operation out of county obviously cost a lot more, given the need to rent the fairgrounds and then cart the goats there and back. Stevens said it nevertheless cost less than having to give everyone refunds for the classes.

The expense and the whole experience has put on Stevens and her partner is a difficult financial position, as the goat yoga business is currently Stevens’ only income. She says her health condition prevents her from working other jobs outside the home and that she’s currently applying for disability benefits.”

“Stevens tells the story of a pre-teen girl with autism who came to one of her classes with her mother. The daughter was visibly nervous at first, but quickly relaxed when one of the goats, Sofia, went right up to her.

“Sofia just went and sat on this girl’s mat the whole class and she was just petting Sofia the whole time. You could just see calm on her face and how she was so content. It’s hard to describe the peace that you see with this girl,” she says. “Those are the stories that really are why I did it. It was very therapeutic for people.”

Unfortunately, moments like that aren’t allowed in an A-2-zoned agricultural district.”

A better way to legalize marijuana

“Marijuana is nowhere as dangerous as alcohol. You can quite literally drink yourself to death; the same doesn’t apply to marijuana. So it’s almost certain that legalizing marijuana the same way won’t lead to all the same bad outcomes.

Still, there are some risks. A thorough review of the research, by the National Academies of Sciences, Engineering, and Medicine, found that marijuana poses a variety of possible downsides, which can include a higher risk of respiratory problems (if smoked), an increased risk of developing schizophrenia and other psychoses, an increased likelihood of car crashes, a general decrease in social achievement, and, potentially, some harm to fetuses in the womb.

There’s also the real risk of addiction and overuse. As Stanford’s Keith Humphreys put it to the Atlantic, “In large national surveys, about one in 10 people who smoke [marijuana] say they have a lot of problems. They say things like, ‘I have trouble quitting. I think a lot about quitting and I can’t do it. I smoked more than I intended to. I neglect responsibilities.’ … People will say, ‘Oh, that’s just you fuddy-duddy doctors.’ Actually, no. It’s millions of people who use the drug who say that it causes problems.”

None of that is to make the argument for prohibition, which produces its own problems”

“An obvious question is: If the standard commercial model works for alcohol, why can’t it work for a newly legal drug like cannabis, too?

But this model doesn’t work well for alcohol. The nation’s second-most popular drug (after caffeine) is linked to nearly 100,000 deaths a year in the US — about the same as all overdose deaths, and more than the combined death tolls of car crashes and murders.

A different model could help. Previous research, for example, found that states that maintained a government-operated monopoly for alcohol kept prices higher, reduced access to youth, and cut overall levels of use”

It Took More Than 15 Years for a South Carolina Hospital To Get Permission To Be Built

“Before being able to break ground on a new hospital there, Piedmont Medical Center had to navigate the state’s Certificate-of-Need (CON) process, which in this case required going all the way to the state Supreme Court to fend off a legal challenge from a competitor. All that to build a 100-bed facility that the South Carolina Department of Health and Environmental Control had determined, all the way back in 2004, was indeed needed in the region.

Unfortunately, “need” is not enough in many cases. Like how zoning laws and mandatory environmental reviews might be well-intentioned policies but are frequently wielded by “not in my backyard” (NIMBY) activists as a way to tangle new development in costly piles of red tape, the CON laws on the books in many states can be used by existing hospitals to delay or prevent new facilities from opening.

That’s exactly what happened in Fort Mill. A hospital chain based in Charlotte challenged Piedmont Medical Center’s plans for a new facility, then sued to block the state’s decision to give Piedmont permission to build the hospital. The litigation cost thousands of dollars and delayed construction by several years. Researchers at the Americans for Prosperity Foundation, a free market think tank, argue that even the threat of such lengthy, expensive reviews ends up deterring investments that would otherwise take place.”

“Artificially limiting the supply of health care services can be a major issue when a pandemic or other emergency strikes, of course, but CON laws harm public health even without the help of a novel coronavirus. States with CON laws have higher mortality rates for patients with pneumonia, heart failure, and heart attacks, according to research published in 2016 by the Mercatus Center, a free market think tank that argues for repealing CON laws. Other studies show that CON laws contribute to health care shortages in rural areas because they force medical providers to focus on wealthier, more populated areas in order to make up for the added costs imposed by the CON process.”

When Forced To Choose, Some New Mexico Gas Station Liquor Stores Will Now Just Sell Liquor

“When New Mexico lawmakers make its owners choose between selling gas or selling liquor.

Some gas stations in a rural New Mexico county are being forced by an inane new law to choose between selling gas or selling liquor and wine. Some have chosen to close their pumps in protest and sell alcohol instead of gas.

The new ban is part of a larger package of changes to the state’s liquor laws—one its chief sponsor, Sen. Daniel Ivey-Soto (D–Albuquerque), calls “the biggest reform of liquor laws in 60 years in our state.” The new law contains several key elements in addition to the gas station liquor ban. Many of those changes are steps in the right direction. In fact, the “original intention” of the alcohol bill was deregulatory in nature. Among other things, it lifts a ban on home delivery of alcohol, introduces a new, less expensive liquor license for restaurants, and allows alcohol to be sold longer hours on Sundays (on par with allowable sales hours on other days).

The bad parts of the law are, well, bad. Ask the owners of Kokoman Fine Wines in Pojoaque, which was forced to try to offload $65,000 worth of nip bottles—those little liquor bottles commonly found lurking in a hotel mini-fridge—after the new law banned their sale across the state.

And then there’s the ban on gas station sales in McKinley County, where three out of four county residents are Native American. Sen. George Muñoz (D–Gallup), who introduced the gas-station amendment to the new law, says he did so because “people die in McKinley County because of alcoholism.”

While I have no doubt that some people in McKinley County who abuse alcohol die from that abuse, compelling gas stations that sell alcohol to become alcohol stores that don’t sell gas probably won’t save many (or even any) lives, and may do just the opposite. The ban is also likely unconstitutional. That’s why one chain of gas stations has sued the state to overturn it.”

Restrictive Zoning Laws Worsened the Supply Chain Crisis

“The major backlog at one of America’s busiest ports has been worsened by strict zoning laws that limit where empty shipping containers can be stacked after being unloaded.

Until officials in Long Beach, California, issued an emergency order this weekend to temporarily relax those rules, it was illegal for trucking companies to store more than two shipping containers on top of one another in their yards. That’s contributed to a massive bottleneck at the terminal yards of trucking companies serving both the Port of Los Angeles and the Port of Long Beach—a bottleneck that’s being felt in supply chain shortages across the whole country.”

“There doesn’t seem to be any safety-based reason for such a policy, as shipping containers are routinely stacked higher at other ports and while being carried across the open sea. Long Beach’s prohibition on stacking more than two-high is “an aesthetic measure intended to preserve visual sightlines in the neighborhood,” according to The Maritime Executive, a trade publication.

Those rules won’t be enforced for the next three months under an emergency order issued this weekend. Now, trucking companies and warehouses will be allowed to stack up to four containers vertically—effectively doubling their capacity. “The city will work during the next 90-day period to assess the situation and effectiveness of this solution and any impacts on the surrounding areas,” Long Beach officials said in a statement.”

Berliners Endorse Creative New Housing Affordability Plan: Steal Buildings From Private Owners

“Tenants in newly seized units obviously benefit from the lower rents that would come from government ownership. Everyone else would be worse off, as they’d be forced to compete for a smaller share of private units.

This is in effect what happened with Berlin’s brief experiment with a law that froze rents at apartments built before 2014. Rents did indeed stop rising in regulated units, benefiting the tenants who lived in them. But prices shot up dramatically for unregulated units. (In April 2021 Germany’s constitutional court struck down Berlin’s rent control.)

The number of regulated units on the rental market also collapsed, while new listings for unregulated units weren’t enough to pick up the slack.

The rent control represented “a windfall to one group of tenants: those, whether rich or poor, who are already ensconced in regulated apartments,” wrote Bloomberg columnist Andreas Kluth in March. “Simultaneously, they hurt all other groups—especially young people and those coming from other cities—by all but shutting them out of the market.”

There is robust evidence that new housing, even expensive new housing, makes cities more affordable for everyone. Berlin’s leaders should consider ways to boost housing production so the city can continue to grow and thrive, instead of just redistributing existing units to benefit a minority of incumbent renters.”

CNN Shuts Down Access to Facebook Pages in Australia After Court Ruling Holding Media Outlets Liable for Commenters

“In response to Australian court decisions holding media companies legally liable for the comments by users, CNN has blocked access to some of its Facebook pages from users in that country.

This is an inevitable outcome of a bad decision and a reminder of why it’s important not to try to force government-mandated moderation policies onto massive social media platforms that will inevitably lead to either censorship or lack of access to information.”

Seattle City Council Passes Rent Control by Another Name. Is It Legal?

“The Seattle City Council might have found a clever way around Washington state’s ban on local rent control policies. On Monday, it passed two bills that respectively require landlords to give generous notice to their tenants of any rent increases and to provide relocation expenses to low-income renters who do move in response to large rent hikes.
Current city and state law require landlords to give their tenants 60 days’ notice of any rent increase. One bill passed by the council would increase that notification period to 180 days, likely the longest notification period in the country.

And if a low-income tenant decides to move in response to a rent increase of 10 percent or more, landlords will be obligated to provide them with “economic dislocation relocation assistance” equal to three months’ rent, thanks to another bill passed by the council on Monday.

Both are the handiwork of Councilmember Kshama Sawant, a member of the Socialist Alternative party, who argues the twin bills are needed to protect tenants from a post-pandemic upswing in rents—and from capitalism more generally.

“Today’s victories will benefit tens of thousands of renters in Seattle, who are facing skyrocketing rent increases from profit-hungry corporate landlords and the venture capitalists and big banks who are [fueling] a speculative bubble,” said Sawant after the bills passed.

Landlords were less pleased with the bills’ passage, arguing during public comment that they’d raise their costs of doing business and are, per the Seattle Times, tantamount to rent control.

That latter charge could open up the new bills to legal challenges.

Washington state law preempts municipal governments from enacting laws “which regulate the amount of rent to be charged” and instead reserves that power under the state government.”