2012 Washington Initiative 502: Difference between revisions
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⚫ | | accessdate = August 20, 2012}}</ref> A [[Facebook group]], ''Patients Against New Approach Washington (PANAW)'' began vocal opposition.<ref>{{cite web |url=http://www.facebook.com/PatientsAgainstNAW/ |title=Patients Against New Approach Washington, Facebook Page}}</ref> A letter was sent to I-502 sponsors by Richard Bayer, MD; lawyers David Arganian and Jeffrey Steinborn; Gil Mobley, MD; Vivian McPeak, Executive Director of [[Seattle Hempfest]]; and Ric Smith, who has been a prominent patient advocate since 1996, arguing that I-502's [[Effects_of_cannabis#Effects_on_driving|DUIC language]] was unnecessary, unscientific, and unfair.<ref>Bayer, Richard MD.; Arganian, David; Steinborn Esq., Jeffrey; Mobley MD, Gil; Letter to I-502 Sponsors. September 23, 2011. Retrieved October 8, 2011 at: {{cite web |url=http://www.nooni502.org/sponsors|title=Letter to I-502 Sponsors}}</ref> Dominic Holden, of Seattle's alternative newspaper [[The Stranger (newspaper)|The Stranger]], disagreed with this criticism, citing the same 2009 study from the [[National Institutes of Health]] opponents to 502 had referenced.<ref>{{cite web | last =Holden | first =Dominic | title =Sorry, Medical Marijuana Activists, Your Study Doesn't Prove that I-502 Will Nab Sober Drivers for DUIs | publisher = The Stranger | date = February 24, 2012 | url =http://slog.thestranger.com/slog/archives/2012/02/24/sorry-medical-marijuana-activists-your-study-doesnt-prove-that-i-502-will-nab-sober-drivers-for-duis | accessdate =March 9, 2012}}</ref> The board of directors for NORML acknowledged this criticism<ref>{{cite web |
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| accessdate = August 20, 2012}}</ref> A key spokesperson is Steve Sarich, whom an [[Esquire (magazine)|Esquire]] blog has called the one of the "great marijuana prohibitionists of 2012."<ref>{{cite web |
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Revision as of 05:50, 6 November 2012
Elections in Washington |
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Washington Initiative 502 (I-502) "on marijuana reform" is an initiative to the Washington State Legislature, scheduled to appear on the November 2012 general ballot. Originally submitted to the Washington Secretary of State during the summer of 2011,[1] enough signatures were collected and submitted by December to meet the required 241,153 signatures, sending it to the legislature.[2] When the legislature adjourned without action in April, Initiative 502 automatically advanced to the November 2012 general ballot.[3]
If passed, it would define and distinguish marijuana from other parts of the cannabis plant, legalize small amounts of marijuana-related products for most adults, tax them, and designate the revenue for healthcare and substance-abuse prevention and education. Cannabis would still be classified as a schedule I controlled substance under federal law and subject to federal prosecution under the doctrine of dual sovereignty. Possession by anyone younger than 21, possession of larger amounts, and the growing of unlicensed or unregulated marijuana would remain illegal under state law.
Ballot measure summary
As described by the Secretary of State's office, the measure would "license and regulate marijuana production, distribution, and possession for persons over twenty-one; remove state-law criminal and civil penalties for activities that it authorizes; tax marijuana sales; and earmark marijuana-related revenues."
This measure would remove state-law prohibitions against producing, processing, and selling marijuana, subject to licensing and regulation by the liquor control board; allow limited possession of marijuana by persons aged twenty-one and over; and impose 25% excise taxes on wholesale and retail sales of marijuana, earmarking revenue for purposes that include substance-abuse prevention, research, education, and healthcare. Laws prohibiting driving under the influence would be amended to include maximum thresholds for THC blood concentration.[4]
Provisions
![](https://upload.wikimedia.org/wikipedia/commons/1/17/Washington_I-502_Revenue_Dispersion.jpg)
The initiative would legalize use of marijuana products purchased from state authorized sources for adults 21 and over and focus law enforcement resources on DUI prosecution as well as violent and property crimes. Unlicensed cannabis will still be illegal, including personal "grows" in one's own home, except for medical cannabis as regulated under RCW 69.51A.
Part I identifies the goal of the initiative and authorizes the Washington State Liquor Control Board "to regulate and tax marijuana for persons twenty-one years of age and older, and add a new threshold for driving under the influence of marijuana."
Part II establishes various definitions, including one which distinguishes "marijuana" from hemp and other parts of the cannabis plant based on its THC content.
Part III establishes a license system for marijuana producers, processors and retailers. Initial licenses shall be $250 with an annual renewal fee of $1000. Rules prohibit producers and processors from having any financial interest in retailers, much like the three-tier system for hard liquor in control states. This section also makes it clear that selling or distributing unlicensed marijuana remains illegal, setting limits on the maximum amount one may possess. Adults 21 years or older may possess up to "one ounce of useable marijuana," 16 ounces of marijuana-infused product in solid form, 72 ounces of marijuana-infused product in liquid form or "any combination" of all three.
Part IV establishes a "dedicated marijuana fund" for all revenue received by the liquor control board, and explicitly earmarks any surplus from this new revenue for health care (55%), drug abuse treatment and education (25%), with 1% for marijuana-related research at University of Washington and Washington State University, most of the remainder going to the state general fund. A March 2012 analysis by the state Office of Financial Management estimated annual revenues above $560 million for the first full year, rising thereafter.[5] February 2011 analysis of the similar Washington House Bill 1550 estimated annual state and county law-enforcement savings of approximately $22 million.[6][7] OFM's final, official analysis did not include law-enforcement savings, but estimated five year revenues at approximately $1.9 billion from an assumed retail price of $12 per gram.[8][9][10] Proponents of I-502 have posted a pie chart showing annual dollar-per-purpose earmarks, based on these projections.[11]
Part V on "driving under the influence of marijuana" sets a per se DUI limit of active blood THC levels at greater than or equal to 5 nanograms per milliliter. Some medical cannabis advocates are concerned that this will lead to DUI convictions for medicinal cannabis users, who are driving with blood THC levels greater than or equal to 5 nanograms per milliliter.[12]
Sponsors
Registered sponsors for the measure include: John McKay, former U.S. Attorney for the Western District of Washington; Peter Holmes, Seattle city attorney; Kim Marie Thorburn MD and MPH, former director of the Spokane Regional Health District; and travel writer Rick Steves.[1] Other sponsors include state representative for the 36th district Mary Lou Dickerson, immediate past president of the Washington State Bar Association Salvador A. Mungia, past president of the Washington State Bar Association Mark Johnson, former King County health official Robert W. Wood MD, University of Washington School of Social Work professor emeritus Roger Roffman DSW, and Alison Holcomb, campaign director for New Approach Washington, "on loan from" the American Civil Liberties Union of Washington.[13] [14]
Support and opposition
As per RCW 42.17A on "campaign disclosure and contribution," the Washington state Public Disclosure Commission posts campaign information online, including information for referenda and initiatives.[15] Statements for and against each ballot measure are also available online as part of the official online voter's guide.[16] Many groups which might traditionally be expected to take a stance on the issue have been silent, including business, education law-enforcement and drug treatment organizations.[17]
Support
Early supporters of the measure include Dominic Holden of The Stranger.[7] In September, the Washington State Democratic Central Committee endorsed I-502 by a vote of 75 in favor and 43 opposed.[18] Eastern Washington's The Spokesman-Review endorsed I-502 from December of 2011 as part of a broader call for legalization and federal reclassification of cannabis under the 1970 Controlled Substances Act.[19] Other supporters include a variety of current legislators, organizations, former judges, law enforcement personnel, prosecutors and elected officials such as Jolene Unsoeld.[20][21] The mayor and entire city council of Seattle support I-502,[22] as does the King County sheriff.[23] Former narcotics deputy and candidate for King County sheriff John Urquhart, saying "the war on drugs has been an abject failure."[24] Noting the disproportionate impact of marijuana arrests and incarceration on families and racial minorities, the Children's Alliance,[25] NAACP and various African-American pastors have also endorsed I-502.[26][27] [28]
Early national support for the measure comes from the National Organization for the Reform of Marijuana Laws (NORML)[29] and television evangelist Pat Robertson.[30] Law Enforcement Against Prohibition (LEAP) has also endorsed the measure, including prominent LEAP spokesman and former Seattle police chief Norm Stamper[31] and other law enforcement officials.[32] The initiative has also been endorsed by former governor of New Mexico, Libertarian presidential candidate Gary Johnson,[33] and cannabis-reform advocate Marc Emery.[34][35]
The primary group supporting I-502 is New Approach Washington, which maintains an updated list of official endorsements on its website.[36] In July, 2012, major donations of financial support were given by the Drug Policy Alliance, Progressive Insurance and the American Civil Liberties Union.[37]
Newspapers endorsing I-502 in the weeks immediately prior to the election include Seattle Times[38], The Spokesman-Review[39], The Columbian[40], The Olympian,[41] and The Wenatchee World.[42]
Opposition
Public and formal opposition has mostly come from advocates of medical cannabis, who objected to "Part V: Driving Under the Influence of Marijuana."[43] A Facebook group, Patients Against New Approach Washington (PANAW) began vocal opposition.[44] A letter was sent to I-502 sponsors by Richard Bayer, MD; lawyers David Arganian and Jeffrey Steinborn; Gil Mobley, MD; Vivian McPeak, Executive Director of Seattle Hempfest; and Ric Smith, who has been a prominent patient advocate since 1996, arguing that I-502's DUIC language was unnecessary, unscientific, and unfair.[45] Dominic Holden, of Seattle's alternative newspaper The Stranger, disagreed with this criticism, citing the same 2009 study from the National Institutes of Health opponents to 502 had referenced.[46] The board of directors for NORML acknowledged this criticism[47] but opined that the law is a step in the right direction, even with the provision. At least one NORML blogger labelled them "patients against pragmatism".[48] Some suppliers of medical marijuana are also worried that if the initiative becomes law their thriving businesses could be disrupted.[49][50][51][52][53]
Other opponents include the Washington Association of Sheriffs and Police Chiefs.[54] and the Washington Association for Substance Abuse and Violence Prevention.[55] Thurston County Sheriff John Snaza said Asian and motorcycle gangs currently control "marijuana distribution and sales" and that the initiative would likely lead to more traffic fatalities and organized crime.[56] Governor Christine Gregoire opposes I-502, citing concerns about federal opposition.[57] Both major candidates for governor are also on record in opposition, with Jay Inslee following Rob McKenna, both citing concerns for users of medical cannabis.[58]
Safe Access Washington, "a trade organization on behalf of medical cannabis," briefly formed and opposed I-502 before disbanding.[59][60] The group Sensible Washington, sponsor of an earlier, abortive attempt at legalization in Washington, has also criticized I-502 in a seven-part series on their web page.[61] On July 31, 2012, Sensible Washington announced its intent to "actually repeal prohibition" with an new Initiative drive in 2013, regardless of I-502's election outcome, noting in its press release that cannabis will remain a Schedule I drug under I-502, "which we're not comfortable with and will work towards correcting."[62] Opposition from Sensible Washington and others was strong enough that Seattle Hempfest chose neither to support nor endorse the measure,[63] a decision which one proponent called "dead wrong" and "ridiculous,"[64] and which prompted an official Seattle Times injunction to "get real."[65]
No on I-502 is the primary group opposing Initiative 502. Their website denounces what they describe as I-502's "new approach to prohibition", and describes how the DUID provisions of I-502 may actually increase the potential penalty for marijuana use, and lead to a new era in the war on drugs under color of DUID prosecutions, as part of what they describe as a nationwide strategy to move war on drugs from the current focus on sales and possession to a new and more ominous offensive on drivers via new per se DUID laws like I-502. NoOn502 Website
The Walla Walla Union-Bulletin was the first newspaper to oppose I-502.[66] It was joined by the Tri-City Herald.[67]
See also
- Decriminalization of non-medical cannabis in the United States
- Legal history of cannabis in the United States
- Washington Initiative 692 (1998)
- Washington Initiative 1068 (2010)
References
- ^ a b Reed, Sam; Washington State Secretary of State (2011), Proposed Initiative to the Legislature – 2011, retrieved August 27, 2011
- ^ Zylstra, Brian (December 29, 2011), Marijuana measure petitions roll in, retrieved December 29, 2011
- ^ Kaminsky, Jonathan (February 9, 2012), "Initiative to legalize marijuana will go to voters", SeattlePI, retrieved February 21, 2012
- ^ McKenna, Rob (July 15, 2011). "Re: Initiative No. 502" (Portable Document Format). Attorney General of Washington. Retrieved August 27, 2011.
- ^ Martin, Jonathan (March 21, 2012). "State: Potential I-502 pot revenue double what supporters predict". The Seattle Times. Retrieved March 24, 2012.
- ^ Jon, Walker (February 23, 2011). "Official Washington State Analysis: Marijuana Legalization Would Add Hundreds of Millions to State Coffers". Fire Dog Lake. Retrieved August 27, 2011.
- ^ a b Holden, Dominic (June 21, 2011). "Legalize It: A Smart New Initiative Makes Washington State Ground Zero in the National Fight to End Marijuana Prohibition". The Stranger. Seattle, Washington: The Stranger (Newspaper). Retrieved August 27, 2011.
- ^ Johnson, Gene (August 10, 2012). "Wash.: Legal pot could bring in $2B over 5 years". Seattle Post-Intelligencer. Retrieved August 10, 2012.
- ^ Holden, Dominic (August 10, 2012). "WA Pot Initiative Could Generate $1.9 Billion in Revenue Over Five Years". The Stranger. Retrieved August 10, 2012.
- ^ "OFM Fiscal Impact Statement (I-502)" (PDF). Washington State Office of Financial Management. August 10, 2012. Retrieved August 10, 2012.
- ^ "What could $582,000,000 every year do?" (HTML). New Approach Washington. September, 2012. Retrieved September 26, 2012.
{{cite web}}
: Check date values in:|date=
(help) - ^ Martin, Jonathon. "DUI Controversy". Pro-pot campaign gets big names, deep pockets. Seattle Times. Retrieved November 11, 2011.
- ^ "New Approach Washington Files Initiative to Legalize, Tax, and Regulate Marijuana Sponsors Include Civic, Public Health, Legal Community Leaders" (Portable Document Format). New Approach Washington. June 22, 2011. Retrieved August 27, 2011.
- ^ "Sponsors". New Approach Washington. Retrieved August 27, 2011.
- ^ "Continuing Political Committees". Public Disclosure Commission. 2012. Retrieved August 22, 2012.
- ^ "Online Voter's Guide". Washington State Secretary of State. 2012. Retrieved September 10, 2012.
- ^ Martin, Jonathan (October 5, 2012). "Little organized opposition to marijuana-legalization initiative" (HTML). The Seattle Times. Retrieved October 5, 2012.
- ^ Connelly, Joel (September 17, 2011). "State Dems: Legalize marijuana". seattlepi.com.
- ^ Spokesman-Review Editorial Board (December 28, 2011). "I-502 offers smart path to marijuana legalization". Spokesman.com.
- ^ "Endorsements". New Approach Washington. Retrieved March 10, 2012.
- ^ "Sixteen state lawmakers endorse initiative to legalize marijuana". Bainbridge Island Review. May 2, 2012. Retrieved May 2, 2012.
- ^ Ellison, Jake (February 21, 2012). "State of the City, Seattle mayor: Legalize marijuana so we can stop crime". KPLU-FM. Retrieved July 22, 2012.
- ^ Martin, Jonathan (October 1, 2012). "$1 million more for marijuana legalization campaign — and support from King County sheriff" (HTML). Politics Northwest blog. The Seattle Times. Retrieved October 2, 2012.
- ^ Young, Bob (April 24, 2012). "Longtime sergeant Urquhart joins race for King County sheriff". The Seattle Times. Retrieved April 25, 2012.
- ^ "Vote YES on Initiative 502: A New Approach to Marijuana" (HTML). Children's Alliance of Washington. September 10, 2012. Retrieved October 5, 2012.
- ^ Shapiro, Nina (June 14, 2012). "Black Pastors Endorse I-502 Despite Controversy in African American Community". Seattle Weekly. Retrieved June 18, 2012.
{{cite web}}
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- ^ "Northwest NAACP Calls on Faith Leaders to Support Cannabis Tax Act". The Skanner. August 10, 2012. Retrieved August 24, 2012.
- ^ "NAACP Endorses WA's Marijuana Initiative". Snohomish Times. August 27, 2012. Retrieved August 31, 2012.
- ^ St. Pierre, Allen (February 17, 2012). "Endorsed: NORML Supports Marijuana Legalization Initiative in Washington State". blog.norml.org. NORML Board of Directors. Retrieved March 9, 2012.
- ^ McKinley, Jesse (March 8, 2012). "Pat Robertson Says Marijuana Use Should be Legal". New York Times. pp. A14. Retrieved March 9, 2012.
- ^ Vestal, Shawn (March 24, 2012). "Hard to rationalize pot prohibition". The Spokesman Review. Retrieved March 24, 2012.
- ^ "Cops and Judges Endorse Washington's Marijuana Legalization Initiative". Law Enforcement Against Prohibition. March 21, 2012. Retrieved March 24, 2012.
- ^ Martin, Jonathan (March 19, 2012). "Libertarian Presidential Candidate Endorses Washington Marijuana Legalization". The Seattle Times. Retrieved May 4, 2012.
- ^ Shapiro, Nina (May 1, 2012). "Prince of Pot Marc Emery Endorses I-502, Says Initiative's Critics Are 'Jealous'". Seattle Weekly. Retrieved June 18, 2012.
{{cite web}}
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- ^ Elliott, Steve (April 30, 2012). "Emery Endorses I-502; Calls Opposition Foolish and Dangerous". Toke of the Town. Retrieved June 18, 2012.
- ^ "Endorsements". New Approach Washington. 2012. Retrieved September 8, 2012.
- ^ Martin, Jonathan (July 22, 2012). "Marijuana initiative gets $1.25 million in new donations". The Seattle Times. Retrieved July 23, 2012.
- ^ "Editorial: Approve Initiative 502 — It's time to legalize, regulate and tax marijuana" (HTML). Seattle Times. September 22, 2012. Retrieved September 24, 2012.
{{cite web}}
: Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ "Editorial: Regulation, taxation of marijuana worth a try" (HTML). The Spokesman-Review. October 2, 2012. Retrieved October 2, 2012.
{{cite web}}
: Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ "In Our View: Legalizing & Taxing Marijuana Endorsed" (HTML). The Columbian. September 30, 2012. Retrieved September 30, 2012.
{{cite web}}
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ignored (|author=
suggested) (help) - ^ "Initiative is a step toward making sense of marijuana laws" (HTML). The Olympian. September 23, 2012. Retrieved September 24, 2012.
{{cite web}}
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ignored (|author=
suggested) (help) - ^ "Prohibition still fails; yes on I-502" (HTML). The Wenatchee World. October 20, 2012. Retrieved October 22, 2012.
{{cite web}}
: Unknown parameter|coauthors=
ignored (|author=
suggested) (help) - ^ Holden, Dominic (March 6, 2012). "Pot Activists vs. Pot Activists". The Stranger. Retrieved August 20, 2012.
- ^ "Patients Against New Approach Washington, Facebook Page".
- ^ Bayer, Richard MD.; Arganian, David; Steinborn Esq., Jeffrey; Mobley MD, Gil; Letter to I-502 Sponsors. September 23, 2011. Retrieved October 8, 2011 at: "Letter to I-502 Sponsors".
- ^ Holden, Dominic (February 24, 2012). "Sorry, Medical Marijuana Activists, Your Study Doesn't Prove that I-502 Will Nab Sober Drivers for DUIs". The Stranger. Retrieved March 9, 2012.
- ^ St. Pierre, Allen (February 24, 2012). "NORML's Official Reply To Patients Against I-502". NORML Blog, Marijuana Law Reform. Executive Director, National Organization for the Reform of Marijuana Laws. Retrieved March 18, 2012.
- ^ Belville, "Radical" Russ (February 28, 2012). ""Radical" Russ debunks the idea that second-hand pot smoke could cause a DUID". The Stash (blog). NORML. Retrieved February 28, 2012.
{{cite web}}
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- ^ Holden, Dominic (October 25, 2011). "High-pocrisy: The Campaign to Kill a Pot Legalization Initiative Is Led by the Biggest Pot Smokers of All". The Stranger. Retrieved March 25, 2012.
- ^ Bauman, Valerie (February 12, 2012), "Medical dispensaries fighting pot legalization", Puget Sound Business Journal, retrieved February 22, 2012
- ^ Holden, Dominic (February 13, 2012). "Anti-Pot Campaign to Be Funded by Doctors, Lawyers, and Maybe Medical Pot Dispensaries". The Stranger. Retrieved March 9, 2012.
- ^ Holden, Dominic (April 13, 2012), "Smokeless in Seattle", New York Times, pp. A31, retrieved April 13, 2012
- ^ "I-502 has flushed out the medical cannabis industry". Bellingham Herald. September 9, 2012. Retrieved September 9, 2012.
{{cite web}}
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suggested) (help) - ^ Martin, Jonathan (November 16, 2011), "Pot measure is tough sell at cop conference", Seattle Times, retrieved December 29, 2011
- ^ Rhodes, Jeff (September 11, 2012). "I-502 gains expected opposition, surprising ally" (HTML). The Olympia Report. Freedom Foundation. Retrieved October 5, 2012.
- ^ Schaub, Kevin (February 9, 2012), "Law enforcement opposes initiative 502", KNDO-TV 23, retrieved February 21, 2012
- ^ Cerna, Enrique (February 21, 2012). "Ask the Governor". KCTS-TV. Retrieved July 24, 2012.
- ^ Connely, Joel (March 23, 2012). "Inslee: No to marijuana legalization initiative". Strange Bedfellows Blog. Seattle Post Intelligencer. Retrieved March 29, 2012.
- ^ Johnson, Gene (August 14, 2012). "Spokesman for pot group fired at own news conference". Seattle Times. Retrieved September 3, 2012.
- ^ Driscoll, Matt (August 16, 2012). "UPDATED: Safe Access Alliance Dissolves, a Day After MMJ Group's Disastrous Press Conference". The Daily Weekly. Seattle Weekly. Retrieved September 3, 2012.
- ^ "Deconstructing I-502, Part 7: Hemp Halfway Home". March 23, 2012. Retrieved April 15, 2012.
- ^ Driscoll, Matt (July 31, 2012). "Sensible Washington Gets Early Start on 2013 Initiative Effort to End Pot Prohibition". The Daily Weekly. Seattle Weekly. Retrieved July 31, 2012.
- ^ Heffter, Emily (August 16, 2012). "Even at Hempfest, no consensus on legalizing pot in Washington". Seattle Times. Retrieved August 19, 2012.
- ^ Holden, Dominic (August 17, 2012). "Hempfest Is Happening Right Now—but They're Not Trying to Legalize Pot". The Slog. The Stranger. Retrieved August 19, 2012.
- ^ "Get real about initiative to legalize marijuana". Seattle Times Editorial. Seattle Times. August 20, 2012. Retrieved August 20, 2012.
{{cite web}}
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External links
- New Approach Washington, primary organization lobbying for I-502
- No on I-502, cannabis reform organization opposed to I-502