Pubdate: Wed, 18 Jan 2012 Source: Port Townsend & Jefferson County Leader, The (WA) Contact: 2012 Port Townsend Publishing Co., Inc. Website: http://ptleader.com/ Details: http://www.mapinc.org/media/5314 Author: Lauren Salcedo 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." - --- MAP posted-by: Jay Bergstrom