LEGALIZE MARIJUANA? POLICY REFORM ON MEDICAL CANNABIS HEADED TO LEGISLATURE

Marijuana policy reform has been the topic of heated debate among
Washington lawmakers for several months, and now the issue is headed
to Olympia with state bills and initiatives aimed at clarifying the hazy laws.

A hearing for Senate Bill 6265 legalizing nonprofit
dispensaries is scheduled for today, Jan. 18, and is supported by
state Sen. Jeanne Kohl-Welles, D-Seattle.

Right now, medical marijuana dispensaries exist in a legal limbo, as
state law clearly bans their existence. Despite being illegal,
dispensaries do manage to stay afloat in larger metropolitan areas by
defining themselves as a "collective garden" which is currently legal.

Another highly publicized marijuana reform initiative is Initiative
502, which is publicly supported by former Seattle U.S. Attorney John
McKay and Rep. Mary Lou Dickerson, D-Seattle.

Initiative 502 is a statewide initiative aimed at the legalization
and taxation of marijuana, which gathered more than 340,000
signatures and is headed to the state Legislature for the 2012 special session.

The Legislature may choose to approve the initiative or place it on
the November ballot for voters to decide. If approved, the initiative
would allow for legal marijuana use by those 21 years or older.

Opponents of the initiative argue that the law would negatively
affect medical marijuana patients through implementation of a
blood-THC limit of 5 nanograms per milliliter for drivers. A counter
initiative called the Safe Cannabis Act was filed with the Secretary
of State's office on Jan. 6.

Currently, medical marijuana is legal in the state of Washington, but
it is not federally legal. Medical marijuana was legalized in the
state nearly 14 years ago. Since then, confusion and misunderstanding
of medical marijuana statutes and how city, state and federal
agencies view legislation and enforcement has plagued patients,
doctors, caregivers and law enforcement.

Marijuana laws confusing

Whether or not I-502 or other marijuana initiatives are approved,
many believe that marijuana law clarification is in order.

In a nutshell, medical marijuana laws are a mess," said Michael Haas,
an attorney in Port Townsend. "You can have a dispensary but you run
the risk of being prosecuted for it."

Port Townsend does not have any medical marijuana dispensaries
according to John Watts, city attorney. "No one has applied for a
business license in the city," he said. "State law is somewhat
confusing. We are in a position of waiting for the state to clarify."

The most common confusion about medical marijuana is whether or not
it is legal to buy marijuana from a shop or dispensary. As the law
stands, buying or selling marijuana is illegal. A patient or
designated provider is allowed to grow marijuana or participate in a
community garden (a 2010 addition to the law) by growing marijuana
with other patients, according to the Legislature. The law states
that a community garden is limited to involvement from no more than
10 patients, with a limit of 45 plants total in the garden.
Dispensaries are illegal under state law.

There are currently 17 states in the country (including Washington
D.C.) that have legalized medical marijuana, and each has its own
statutes that differ from the next.

County enforcement

The Jefferson County Sheriff's Office follows the protocol that if
someone has a valid recommendation for medical marijuana, there is no
citation for possession of marijuana.

If they have proof, we don't take their marijuana," said Sheriff Tony
Hernandez.

But Hernandez expressed frustration with the ambiguity of the current
marijuana statutes.

It is frustrating to law enforcement, because we are being asked to
enforce the laws, but we can't enforce them because when we do, there
is often a huge litigation entanglement," Hernandez said. "Here's
this huge ambiguous thing. Patrol officers are trying to enforce the
law but it's so gray. Then when they go to court, we get attacked,"
said Hernandez. "Don't blame us, talk to your legislator."

Hernandez said there are several problems that must be addressed
before the marijuana can be declassified, namely road safety.

The problem is that as a society, a community and a government we are
not prepared to say what is an acceptable level of marijuana in a
person's system," he said. "Where do we draw the line? Do we make
people swear they won't drive after they smoke marijuana?"

Hernandez said he is not opposed to legal medical marijuana. "As long
as you're not endangering other people, and that's the big question," he said.

First Federal

Initiative 502

According to the Secretary of State's office, I-502 would authorize
the state Liquor Control Board to regulate and tax marijuana for
those 21 and older. "If passed by voters, I-502 would decriminalize
production, possession, delivery, distribution and sale of marijuana
in accordance with the provisions of the new law. Sponsors say it
would generate at least $215 million a year in tax revenue, roughly
$80 million for the state treasury, and the rest for research, health
care and related purposes," according to the Secretary of State's office.

For some, this initiative is too much, too soon.

There needs to be a slow, methodical thought process for marijuana
deregulation," said Sheriff Hernandez. "Not deregulation now. I don't
know if people realize that you potentially open Pandora's box and
they might not be prepared to deal with the other ramifications of
that action."

State and federal laws

As they stand, state medical marijuana laws (RCW.69.51A) do not
legalize marijuana. Simply, they provide protection from arrest or
other criminal sanctions for qualified patients or designated
caregivers. Since medical marijuana is not legal under federal law,
there is no protection from federal enforcement against marijuana
possession, even if I-502 is passed.

According to state law, the Legislature finds that there is medical
evidence that some patients with terminal or debilitating medical
conditions may, under their health care professional's care, benefit
from the medical use of cannabis.

A person 18 years or older may qualify for medical marijuana if he or
she has a terminal or debilitating condition diagnosed by a health
care provider, and if that provider has written a valid
recommendation stating that the patient may benefit from the medical
use of marijuana on tamper-proof paper. The patient and a designated
provider (defined as a person 18 or older who is responsible for
helping to administer marijuana to the patient and designated in
writing as the patient's provider) are legally allowed to carry a
60-day supply of marijuana, which is defined as 24 ounces and 15
plants, according to the Washington State Department of Health.

Agents from the United States Drug Enforcement Administration raided
and shut down several marijuana dispensaries in King, Pierce and
Thurston counties in November.

In a statement regarding medical marijuana, the DEA announced: "It is
not the practice or policy of DEA to target individuals with serious
medical conditions who comply with state laws authorizing the use of
marijuana for medical purposes. Consistent with the [Department of
Justice] guidelines, we will continue to identify and investigate any
criminal organization or individual who unlawfully grows, markets or
distributes marijuana or other dangerous drugs."