Group Unveils 2013 Initiative To End Cannabis Prohibition In WA

By Steve Elliott
Monday, July 30, 2012


Sensible Washington


The nonprofit political organization Sensible Washington on Tuesday will announce they will be running a statewide initiative to repeal adult cannabis prohibition in Washington State, to be filed in January, 2013, as an Initiative to the People.

Similar to last year's I-1149 and 2010's I-1068, this initiative would repeal the civil and criminal penalties related to adult cannabis use and possession. It would remove cannabis from the state's list of controlled substances, without altering legal penalties for minors and for those driving while under the influence.

Sensible Washington is taking input from the community on any potential alterations to the initiative language. Preparation for this initiative, including volunteer recruitment, will begin immediately.

"We're confident in the base and infrastructure that we've built over the past several years," Sensible Washington said in a press release. "We have thousands of volunteers throughout the state, and they want us to run.

"They want to give the public a true alternative to prohibition and the many harms associated with it," Sensible Washington said. "We have the volunteer power, and fundraising potential, to get this done, and we're confident that if given the opportunity, the voters of Washington State will vote to repeal the socially and economically devastating policy of cannabis prohibition."

Since its inception in 2010, Sensible Washington has garnered the endorsements of individuals such as Seattle's former Chief of Police Norm Stamper and Washington State Representative Roger Goodman, as well as organizations such as the Washington State Democratic Party and NORML (the National Organization for the Reform of Marijuana Laws).

In November, 2012, voters in Washington State will be deciding the fate of another marijuana measure, Initiative 502. Sensible Washington plans to continue its efforts at reform whether or not I-502 passes.

"Initiative 502 has caused a massive rift in the cannabis reform community and we want to give people a viable alternative,", said Sensible Washington. "If it [I-502] fails in November, we want to assure the public that moving forward, there's an option available in our state for legalizing cannabis. If I-502 does pass, cannabis would remain a Schedule I drug alongside heroin, which we're not comfortable with and will work towards correcting."

After filing in January, Sensible Washington would have until early July to collect the necessary signatures to put this initiative on the November, 2013 general election ballot.

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WA Group Plans 2013 Initiative To Repeal Marijuana Laws

By Steve Elliott
Wednesday, August 15, 2012



Americans For Cannabis


Ready for real cannabis legalization? Dissatisfied with the half-measures -- some would say "decrim on steroids" -- of Washington state "tax and regulate" Initiative 502, Sensible Washington has announced plans to launch a third marijuana law reform initiative to repeal criminal and civil penalties from the state code.

Unlike the group's previous two attempts, the 2013 effort is intended to appeal to a broader voter base, by making the legal age 21 and over, rather than 18 and over -- with an added caveat -- extending the juvenile code to 21 for cannabis-related offenses.

This would allow for marijuana convictions to be expunged from adult records, alleviating the life-altering harms of a conviction, such as denial of future employment and educational funding opportunities.

This November, voters will decide the fate of the "legalize, tax, and regulate" Initiative 502. Sensible Washington contends that it's not written to withstand a federal challenge.

A March 2012 report from the Congressional Research Service states: "Under the Supremacy Clause, state laws that conflict with federal law are generally preempted and therefore void."


Mother Jones


The belief that the tax and regulate portions of I-502 will not survive a federal challenge is also shared in a report from the Washington Office of Financial Management: "To the extent that the federal government continues to enforce its criminal laws related to marijuana, it would impede the activities permitted by this initiative... Consequently, the total amount of revenue generated to state and local government could be as low as zero."

Sensible Washington asserts that the five nanogram per milliliter (5 ng/ml) limit for driving under the influence of cannabis (DUIC) -- in addition to a zero tolerance limit for those under 21 -- is not supported by science, and will result in convictions of people not guilty of actual impairment. This will be particularly detrimental to medical cannabis patients, who will not be exempted from the new limit.

Sensible Washington maintains that the repeal model of ending prohibition eludes federal preemption. This method was used in 1932 to successfully end alcohol prohibition via Initiative 61 "Repeal of the Bone Dry Act."

I-61's success established a legal precedent for repeal as a valid path to legalization. Sensible Washington's initiative removes cannabis from Washington state's list of controlled substances. The federal government would have no means to preempt it, as they don't have the legal authority to reinstate criminal sanctions at the state level.

Regardless of the outcome of I-502, individuals will continue to be prosecuted for cannabis-related offenses, which is what Sensible Washington hopes to curtail with their 2013 campaign. If they are successful in collecting enough signatures and passing their initiative in the general election, cannabis will become legal for responsible adults 21 and older by December, 2013.

Sensible Washington is currently running several city-level petitions for low-priority enforcement and federal non-cooperation. They plan to continue those efforts with hopes of making special election ballots next Spring.

More information can be found on their web site at www.sensiblewashington.org.


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