Pubdate: Sat, 30 Apr 2011
Source: Kitsap Sun (WA)
Copyright: 2011 Kitsap Sun
Contact: http://web.kitsapsun.com/scripts/letters.html
Website: http://www.kitsapsun.com/
Details: http://www.mapinc.org/media/4404
Author: John Stang
Bookmark: http://www.drugsense.org/cms/geoview/n-us-wa (Washington)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

GREGOIRE VETOES PORTIONS OF MEDICAL MARIJUANA BILL

OLYMPIA - Gov. Chris Gregoire vetoed the bulk of a medical marijuana 
bill Friday.

But she and the bill's sponsor - Sen. Jeanne Kohl-Welles, D-Seattle - 
are willing to revive a segment addressing registering authorized 
users in the current special session.

And Gregoire indicated she has no problem with the possibility of a 
state referendum that could address parts of what she vetoed.

Gregoire vetoed most of the bill because U.S. attorneys Jenny Durkan 
in Seattle and Mike Ormsby in Spokane told her that state health and 
agriculture department employees involved in the licensing and 
monitoring of medical marijuana dispensaries could be arrested under 
federal anti-marijuana laws.

"I have to ask if it is a state's right to violate federal law?" 
Gregoire said. "The real change must be made by the federal 
government at the federal level. ... I will not subject my employees 
to federal prosecution, period. I want (patients) to have the medical 
marijuana that they need and deserve. But I want it done right."

A union that represents thousands of state employees asked Gregoire 
to veto the bill.

Meanwhile, proponents of her signing the entire bill contended that 
Gregoire overreacted to the possibility of federal action against 
state workers.

Ezra Eickmeyer, political director of the Washington Cannabis 
Association, pointed to a 2009 U.S. Department of Justice memo that 
said the federal government does not intend to prosecute people in 
compliance with state medical marijuana dispensary laws. He said 15 
states have such laws, and no state employees have been prosecuted so 
far. He contended that the feds are more likely to file injunctions instead.

But Gregoire mentioned the raids of several Spokane marijuana 
dispensaries on Thursday. She declined to speculate on whether that 
timing was a federal signal to her.

"The federal raids in Spokane yesterday mean we have to take the U.S. 
attorney at his word," Gregoire said.

Eickmeyer was unsure about the timing, but noted the feds have talked 
about targeting those dispensaries for months.

Meanwhile in a written statement, Kohl-Welles expressed 
disappointment over Gregoire's veto.

"I understand the governor's need to protect state employees from 
risk of federal arrest and prosecution," she said. "However, I 
believe the risk of this happening is low, while the loss of many of 
the bill's key provisions mean tens of thousands of qualifying 
patients will continue to have difficulty accessing a legal, safe, 
secure and reliable source of medicine that has been recommended for 
them by their health care professional."

The House passed the bill 54-43, while the Senate passed it 27-21.

The bill's portions that Gregoire signed into law include:

. Allowing a qualifying patient or designated provider to grow 
marijuana for the patient's own use individually or in a collective 
garden. That segment does not guard such people from federal prosecution.

. Giving the Legislature permission to remove state penalties for 
marijuana-related activities that help a patient. That segment does 
not guard such people from federal prosecution.

. Allowing the state to set up medical guidelines for marijuana use.

Meanwhile, Gregoire's veto removed sections pertaining to the state 
licensing and monitoring dispensaries, a registry for law enforcement 
officers to check who is legally allowed to use marijuana, 
protections for producers and distributors, requiring homeowners to 
allow medical marijuana use in their homes, and removing medical 
marijuana use as a probation violation.

"I don't think you could do better than the solution she had on her 
desk," said Shankar Narayan of the American Civil Liberties Union 
said. "Without a bill like this, everybody is shooting in the dark."

Gregoire and Kohl-Welles said the bill's registry segment - which 
Gregoire vetoed because it was intertwined with portions she objected 
to - should be revived in the current special session. Both voiced 
optimism that a rewritten registry bill could pass before the special 
session ends.

Washington voters approved the medical use of marijuana in a 1998 
referendum. However, the laws addressing how to put that referendum 
into action have been hazy, all sides agreed.  
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MAP posted-by: Richard Lake