Why You Should Vote No On I-502

By Steve Elliott
Friday, August 10, 2012

By Ezra Eickmeyer
Safe Access Alliance



THC Finder

Washington state's I-502 was carefully crafted to look like "responsible" cannabis legalization to the general public. Unfortunately, in trying too hard to appease law enforcement and other opponents of legalization, I-502 creates a list of brand new threats to medical cannabis patients and providers without actually legalizing marijuana.

I-502 only decriminalizes possession of an ounce or less of cannabis and only applies to adults, 21 and older, who purchase cannabis from a state licensed store with heavy taxes.

We can't allow this initiative to set national standards for other legalization initiatives in other states, nor can we stand by and allow it to pass, knowing the years of trouble it will take to try and fix this terrible initiative. Meanwhile, many patients will lose their driving rights and be forced back to the black market for medicine.

We have to come together to oppose this initiative and send our own message; that changes in policy need to be good changes, not just any changes, and that patients can organize and defeat threats against us.

I-502's negative provisions are many:

• DUI convictions for patients with no defense in court.

You could receive a DUI a day or more after medicating. Because the ACLU chose to use inconclusive science, the new law would use blood testing of active THC to determine whether you are impaired while driving. Patients who have recently been tested a day after medicating have found blood THC levels much higher than allowed under I-502. This means that the police don't have to show you were impaired, just that you have some THC in your system and you get an automatic DUI with no defense in court. If your background THC blood levels are above the low limit, you will essentially be vulnerable to a DUI 24/7 whether you have medicated or not. Due process is thrown out the window. Current law is more than sufficient for prosecuting impaired drivers.

• Will increase the cost of medicine by 50 percent to 75 percent.

I-502 has steep new cannabis taxes with NO exemption for medical patients. A gram a day will cost patients nearly $2000 per year more just in new taxes. Many patients already have trouble affording medicine.

• Shuts down safe access everywhere.

Most access points would have to shut down because of I-502's severe restrictions. In some areas of Seattle that were surveyed, 80 percent or more of access points will be closed with no chance for appeal.

• Zero tolerance for adults under 21.

I-502 maintains current criminal penalties for adults under 21 while imposing a new zero tolerance DUI law. Adults under 21 with any detectable amount of THC in their blood would get an automatic DUI and lose their driving rights, even if they only absorb secondhand smoke. I-502 removes their ability to defend themselves in court.

• Puts cannabis under the state liquor control board.

What do they know about medicine? Since there are no exemptions in I-502 to medical cannabis, it would fall under a state agency that only knows how to sell recreational drugs to the public.

• Will drive patients to the black market.

Since prices for medicinal AND recreational cannabis would go up by around 50% - 75%, many patients would be forced by economics to go to the black market for their medicine. We would see a resurgence of black market cannabis after years of trying to bring it above ground.

I do not believe anyone should be arrested for cannabis, but we also can't accept policies that create new threats to medical cannabis patients and their providers.

Working to defeat a cannabis initiative is my least favorite campaign. I've spent years volunteering to promote legalization and I not only can't vote for this, I am actively working to kill it.

This should speak to the terribleness of I-502.

Vote "NO" on I-502. Tell your friends and family. It's the wrong approach for Washington.


Safe Access Alliance

Ezra Eickmeyer is the political director for the Safe Access Alliance, which is currently raising money from the medical cannabis community to oppose I-502 in the fall with campaign ads and voter outreach. Ezra is a professional political operative of 16 years, including 10 years as an Olympia business lobbyist. He has represented organizations such as NORML, Washington Cannabis Association and Safe Access Alliance to various governments and was instrumental in securing provisions in SB 5073 (2011) that established collective gardens as viable access points. He has also volunteered extensively for Hempfest and other non-profits.
You can learn more at www.safeaccessalliance.org or on their Facebook page about their campaign for the truth about 502.


tokeofthetown

It all sounds like a good reason to vote YES and start the ball rolling on full adult legalization. There are always going to be limits on adult behaviors, welcome to the real world.

People should be arrested for BAD BEHAVIOR. Period. Legal markets, protect medical people way more than permission cards and limited monopoly type markets which this guy wants to profit from indefinitely.

It's got to start somewhere, and it's already taken 40 years too long IMO.
I've always said that POT legalized markets should resemble BEER, and there you go.

Is I-502 Marijuana Legalization? Is It Good For Washington?

By Steve Elliott
Monday, August 13, 2012


The Marijuana Project

By John Novak
The Highlander 420 Report



The Washington State Office of Financial Management has finally released its much anticipated report on the marijuana "legalization" initiative, I-502. (See link to the report at the end of this article)

While it claims that the state could see a financial windfall in the billions from the taxation and regulation of cannabis, it also warns of some very serious consequences and the possibility of zero revenue.

Steve Sarich, a well known Seattle area medical marijuana personality and anti-I-502 activist, sued the Office last month, stating the early numbers being used "are so far off it's incredulous."

He and the other activists that joined the lawsuit demanding a new report that included all the risks, including possible results from federal lawsuits.

That report came out on Friday, August 10.

When I asked him about it, he responded with the following:



Reality Catcher

"It will either bring in $0 or $2,000,000,000. Do you really need a degree to come up with numbers like this or just Vanna White spinning a big wheel with random numbers on it?"

"The new report is more embarassing than the last," Sarich said. "The revenue assumptions are based on the state stores owning 100 percent of the market for marijuana in Washington. This would never happen regardless of any of the state regulations, pricing, or criminal penalties."

"New York is losing millions of dollars in tax money on cigarettes because of the black market that's developed there because the state raised the tax on a pack of cigarettes by $1," Sarich said. "What have we NOT learned about the relationship between over-taxation and the development of black markets?

"Is the OFM totally unfamiliar with this basic economic principle?" Sarich asked. "Why would they ever assume that the state stores would control 100 percent of the market? Boeing doesn't own 100 percent of the airplane market here in Washington!"

It's hard to argue with his logic.

After reading over 502's language and this report, I do not like it. 502 threatens patients by subjecting us to DUID charges that have no defense in court based on a 5-nanogram limit in the blood.

We all know regular cannabis smokers and patients, especially the ones that use the concentrated oils, will test well over that because of their tolerance levels, yet will show no signs of impairment while driving.

I-502 also threatens to close down our medical collective gardens section under RCW 59.61a of state law.

The weakest and most ill among us in the medical community are most at risk because of their dependence on the collective gardening provision in the law.

They are too ill to grow their own and don't need the added burden of being raided or robbed, like I was.




Wikipedia

Washington Gov. Christine Gregoire vetoed the tax and regulate sections in a medical marijuana bill last year

"Collective gardens" replaced the dispensary model in 2011 because of Governor Christine Gregoire's veto of the tax and regulate sections in a medical medical marijuana bill signed into law.
However not all collectives have acted like most dispensaries. Some cities have allowed for different interpretations and collect tax revenue.

Some have been collective gatherings that don't charge each other money.

Most follow state and local laws and both styles have given cannabis free to an increasingly large number of patients too sick and poor to pay for it.

That practice will likely end under a TAX/REGULATE system and will have to come though unlicensed and unregulated gardens.

Sponsors and other supporters claims 502 to be legalization, but careful reading of it shows it is decriminalization. The OFM report agrees with this point.

I-502 will not help you on possession charges if you have black market cannabis.

Currently in Washington State, the age group that is arrested for possession more than any other is 15-19 year olds.

I-502 does not protect this age group from the harm of arrest and incarceration. It actually makes it harder on them by prioritizing the law against them, including zero tolerance for DUIDs.

This fiscal impact report states quite correctly that the enforcement sections will come into effect way before the TAX/REGULATE parts, which is years off, if ever.

The TAX/REGULATE sections of 502 have a good chance of being challenged and thrown out, but the enforcement side stays in effect.

The tax/regulate scheme will not work at eliminating black market sales because the prices relied on to give you these numbers are based on a $12 per gram average price to the end consumer.

The black market can produce it cheaper and at a higher quality than what would likely come from a state run system where the grower only makes $3 per gram.

At the price, the grower will be forced to grow outdoors to keep costs where he might make a profit. That's after $1200 for licesning fees the first year, $1000 per year thereafter, plus random product testing fees, garden/farm equipment costs, payroll AND a 25 percent tax on the sale to the processor.

Oh yeah, plus the courts just ruled that cannabis growers can't deduct expenses on their taxes.

In the OFM report, the state makes a clear waning that the feds might allow the TAX/REGULATE scheme to go through in order to let people self-incriminate because getting a license to grow, process or sell can be used as evidence against you in federal court.

Even if you don't end up with Federal charges against you, chances are good you'll end up in a situation like the local Wenatchee clubs last month and most famously, Harborside Health Center in Oakland, CA where they go after assets and buildings.


Bulletproof Courier

Former U.S. prosecutor John McKay: "Regulate its sale to adults who are dumb enough to want it." You're an asshole, John.

My stating these opinions on public forums has resulted in people stating that I am not in favor of legalization. They could not be further from the truth. If every person had the right to grow their own plants, then cops and robbers won't give a damn about mine.

If 502 had solid patient protections, left out the per se "zero tolerance" DUID section and harder penalties on our young adults and allowed for personal grows, I would be voting yes.

True legalization will require removing/rescheduling it from the state controlled substances list and let people grow their own for all uses of the cannabis plant, not just medical and recreational. Industrial hemp production needs to begin yesterday!

I-502 does not address either of these key issues on the cannabis plant. The federal changes will come, but that does not prevent it from happening in our state first.

For those that say, "Yeah, but this legalizes now, we'll work the problems later..."

Well, we passed medical cannabis laws in 1998 in our state and we still don't have arrest protection for patients 14 years later, in 2012.

The governor vetoed the TAX/REGULATE sections of the last medical cannabis law because of federal laws. Both candidates for governor will not support 502 for the very same reasons.

If you think the sponsors of 502 are cannabis user friendly, then I ask you to take a look at these words from one of the key spokespersons, John McKay, former United States attorney in Seattle...

...We should give serious consideration to heavy regulation and taxation of the marijuana industry (an industry that is very real and dangerously underground). We should limit pot's content of the active ingredient THC (tetrahydrocannabinol), regulate its sale to adults who are dumb enough to want it and maintain criminal penalties for sales, possession or use by minors, drivers and boaters.

As my law-enforcement colleagues know well from chasing bootleggers and mobsters, this new regulatory and criminal approach will still require many years of intensive investigation and enforcement before organized criminal elements are driven from the vast marijuana market. DEA and its law-enforcement partners must therefore remain well equipped and staffed to accomplish this task: to protect our families from truly dangerous drugs and to drive drug cartels, gangs and dope dealers from our society.


AP

Alison Holcomb, the I-502's main author, told a group in Seattle that it will not be legal to share your cannabis

Finally, I was at a meeting where Alison Holcomb, the initiative's main author, told a group in Seattle that it will not be legal to share your cannabis.

Not even passing a joint around with friends out of your one "legal" ounce is allowed under 502. You could still have your door busted down and your dog shot in a botched raid caused by nosey neighbors who smell pot and calls the cops. A husband and wife can still have their kids taken away and could still face charges of collective possession of having two ounces in the house.

It's all a matter of legal interpretation and the courts will figure it all out in the end when innocent people are dragged into it. If you are rich enough to afford the best lawyers, you might be able to come out with a win and set a good precedent that protects all Washington citizens from unjust cannabis laws. Maybe you will have a jury that understands the concept of "jury nullification".

Does that sound like less enforcement?

Does that sound like legalization to you?

Read the initiative and the OFM report and tell me what you think.

No matter which way you stand on this issue, please check out and sign the Cannabis Child Protection Act of 2012, designed to protect children from the effects of the cannabis economy and get marijuana OUT of our schools! It's a much safer plan that will eliminate most of the federal threats and other negative aspects of 502 if passed, but it will need your signature before November!


Sources:


I-502 Final Initiative [PDF]

Office of Financial Management Risk Assessment Report on I-502 [PDF]

New Approach Washington - official website for 502

No On I-502 - official website

"Steve Sarich and the Office of Financial Management Square Off over Cost of I-502" (Seattle Weekly)

Do 9-Tetrahydrocannabinol Concentrations Indicate Recent Use in Chronic Cannabis Users? National Center for Biotechnology Information

Marijuana in Washington: Arrests, Usage, and Related Data [PDF]

Governor vetoes pot bill, vows to work for solution [PDF]

RCW 69.51A.085 Collective gardens

"Medical marijuana tax deductions for businesses not valid, court rules" (Newsday)

Wenatchee-area marijuana shops close due to letter

"Federal crackdown targets Oakland marijuana" (Sacramento Bee)

2012 Governor Candidates Inslee and McKenna against 502 (Seattle P.I.)

John McKay article (Seattle Times)

Marijuana laws: Jurors should nullify low-level marijuana charges (Baltimore Sun)

Town Square: I-502 Debate 4/20/2012 (Seattle Channel)

Cannabis Child Protection Act of 2012 [PDF]



John Novak

tokeofthetown



Editor's Note: John Novak is a cannabis patient turned activist after being wrongfully raided in Okanogan County by the North Central Washington Drug Task Force in 2010. The team included local police departments, the National Guard and U.S. Border Patrol. After a two-year court battle, all charges were dismissed by the State of Washington with the statement that they clearly recognized his right to use cannabis for epilepsy, a debilitating condition that began at age 14. He is a husband and father of two sons, a writer, musician and gardener. They now live in the Seattle area where he grew up.

We've got to start somewhere. SO patients are ok with "regular folks to continue being arrested"?

FUCK YOU< DIE

I agree that we need to get the legalization process started.

Perhaps this represents a better starting point:



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.

tokeofthetown

To think "we should continue to arrest citizens for pot until we get the LAW that Bruce Cain and his ilk want" is reprehensible.

To get any law that STOPS the majority of Cannabis arrests, its a good thing.

Unless, of course, you profit from the present system or systems.

FOR SHAME< FOR SHAME.

"full adult legalization"

Yeah, that's how most prohibitions work.

(I) everyone has access, even kids.
(II) Nobody has access.
(III) Some adults get access.

Don't people realize that before prohibition, especially when cannabis tinctures were in pharmacies, anyone could buy them? Anyone could buy them, take them, go to school/work?

The problem is that the impression of what it was like before prohibition is far worse in the minds of most Americans, so you're fighting an uphill battle against impressions and beliefs. This isn't nefarious Government activity, but ignorance regarding the history of where we are and how we got here.

Because of DECADES of reefer madness, its a hard row to hoe, to get Legal for the world, no restrictions. That's like asking GW Bush to show up for his war crimes trial.

Legal for adults with restrictions is better than, illegal for all, with 800,000 arrests per year in the USA.

Any sane, logical person would understand that.

Anytime a piece of legislation is to be voted on regarding legalization/decrim, there are a bunch of so called "activists" or "supporters" who start bashing the bill.

Perhaps their identity is so engrained in the current political environment that they wouldn't be able to handle the changes. Instead of looking at the greater good they rather focus on insignificant details.

This is exactly the reason why most efforts to move laws forward are quashed.