Second half of 2011-2012 legislative
session kicks off in Olympia
The second
year of Washington’s two year session has kicked off in Olympia, and
marijuana policy figures to be one of the hot topics. In 2011, the legislature
failed to take final action on many marijuana policy bills. Since legislation
from the first year carries over into the second year in Washington, these
bills are still alive.
One of the
key debates to be had is whether or not Washington should end their state’s
marijuana prohibition and replace it with a regulated system of marijuana
cultivation and manufacture. HB 1550/SB 5598, companion bills introduced by Rep. Dickerson
and Sen. Margarita that would regulate the production, distribution, and sale of
marijuana in Washington, have been carried over from last year and are currently awaiting
a vote in the House Committee on Public Safety
& Emergency Preparedness. In addition, if I-502 – a proposed initiative to
end marijuana prohibition – qualifies for the ballot, the legislature will be
given a chance to pass the proposal via the legislative channels before the
question goes to the voters of Washington. Either of these proposals would save the state millions in law
enforcement costs and raise additional revenue for the depleted state coffers
through the taxation of marijuana.
It is
highly likely that medical marijuana policy will also be debated in Olympia.
After vigorously debating the issue in the legislature, Gov. Gregoire was given the
opportunity to ensure safe access for medical marijuana patients in Washington.
However, despite hundreds of letters from constituents across Washington, Gov. Chris Gregoire vetoed the most important portions of the medical marijuana improvement bill – SB 5073 – on April 29, 2011. Gov.
Gregoire struck portions of the proposal that
would have created state licensed and regulated medical marijuana dispensaries,
as well as a voluntary patient registry. Registering with the state would have
given patients protection from both arrest and prosecution. Advocates quickly
went to work to try to undo this terrible outcome by the governor, and
legislation that helps ensure safe access has been introduced.
Although
political observers in Washington warn advocates that there might not be much
of an appetite to tackle marijuana policy, especially during the short session
of 2012, please subscribe to MPP’s free alert service to stay up-to-date on Washington
marijuana policy.
Gov.
Gregoire sends mixed messages on medical marijuana
On November 30, Governor Christine Gregoire (D) held a press conference with Rhode Island Governor Lincoln Chafee (I) to announce that they are formally petitioning
the federal government to move marijuana from Schedule I to Schedule II of the
Controlled Substances Act. MPP is pleased, and a tad bit surprised, to finally see two political executives stand up and call shenanigans on the
erroneous scheduling of marijuana. However, our excitement over this news is
tempered by the fact that this petition does nothing to address the lack of
safe and affordable access to medical marijuana in both Washington and Rhode
Island. While the petition could pave the way for marijuana eventually being
legally prescribed, previous rescheduling petitions have ultimately failed, and the petition may not even
be heard for several years.
As mentioned above, Gov. Gregoire was given a wonderful opportunity to stand up for patients by passing, in whole, the medical marijuana bill in 2011. She chose instead to cowardly veto the most protective provisions of the bill, bowing to pressure from federal officials rather than advocating for her constituents.
Medical marijuana patients in
Washington retain their affirmative defense, but providers now have to wait for
15 days between assisting two different patients. On a brighter note, the bill,
as signed by the governor, contains explicit language allowing for patients to
collectively grow their medicine – up to 10 patients can grow up to 45 plants.
The bill went into effect on July 22, 2011.
The Marijuana
Policy Project would like to thank Alison Holcomb and the ACLU-WA for all the tireless and solid
work they do to positively reform marijuana laws in The Evergreen State.
Support mounts for ending prohibition; signatures submitted
Alison Holcomb of the WA-ACLU,
along with such prominent local leaders as Seattle City Attorney Pete Holmes, has formed a coalition whose goal will be to regulate the production and distribution of marijuana for sale to adults 21 and over in state-licensed stores. New Approach Washington also
boasts the support of two former United States attorneys for the Western District of Washington,
John McKay and Katrina Pflaumer, and two past presidents of the state bar association. New Approach turned in more than 340,000 signatures in late December 2011 and currently anticipates qualifying for the ballot after the signature verification process.
These individuals and
organizations aren’t the only prominent Washingtonians speaking out:
Previously, former Seattle Chief of Police Norm Stamper and other former law enforcement officials came out in support of taxing and regulating marijuana as a step to curb violence and raise revenue . In
addition, the Seattle Times joined the growing chorus calling for an end to marijuana prohibition in Washington.
Finally, the ACLU will continue
its campaign called "Marijuana: It's Time for a Conversation,"
aimed at educating the public about the failure of marijuana prohibition.
The current status of marijuana
under Washington law
According to a report by Jon
Gettman, PhD, simple possession, as opposed to possession with intent to sell
or distribute, accounted for 90% of all marijuana-related arrests in Washington
in 2007. For more information on the current status of marijuana laws, usage,
and enforcement in Washington, please view Dr. Gettman's full report.
Stay Connected
Thank you for supporting the
Marijuana Policy Project and all of our allies. If you have questions about
marijuana policy reform in Washington, please contact us by email at state@mpp.org for more information. Don't forget to subscribe to MPP's free legislative alert service, if you haven't done so already.
