Pubdate: Sat, 20 Oct 2012
Source: Spokesman-Review (Spokane, WA)
Copyright: 2012 The Spokesman-Review
Contact:  http://www.spokesman.com/
Details: http://www.mapinc.org/media/417
Author: Anthony Martinelli
Note: Anthony Martinelli is the communications director for Sensible 
Washington, which opposes Initiative 502 but supports marijuana legalization.

CON: INITIATIVE WOULD REGULATE, NOT LEGALIZE, AND WOULD CREATE BIGGER 
HASSLES FOR USERS

Cannabis prohibition has failed us. Criminal syndicates have been the 
clear benefactors, and we continue to waste an opportunity for needed 
tax revenue, and to create jobs. Legalization, taxation and 
regulation is the answer.

That said, Initiative 502 is an appealing measure  at first glance. 
It's important to note, however, that despite the political message 
of the campaign behind it, I-502 would not legalize cannabis.

In reality, it wouldn't remove a single criminal penalty pertaining 
to cannabis's illegality. If passed, cannabis will remain a Schedule 
1 controlled substance under state law, just as heroin is.

Instead, the initiative creates narrow exceptions for certain 
activity, such as possession of an ounce. Passing a joint would 
constitute felony delivery. Home-growing would remain entirely 
illegal. Farmers could grow hemp, but if it passes 0.3 percent THC 
(the active ingredient in marijuana), they would face state 
prosecution, even if the federal government allowed it.

What this initiative attempts to do is regulate and license a 
substance the initiative will not make legal. Given this, 
distribution will be easily rendered invalid in federal court. This 
will result in no tax revenue being raised and will force individuals 
in search of their "legal" ounce into the same black market I-502 
tries to eliminate.

I-502 mandates a per se driving under the influence of drugs policy 
for THC. That is, all the officer has to do is prove that you're 
above the legal limit, and you're guilty, even if you are not 
impaired. A work group created by the Colorado Legislature looked at 
the level proposed in I-502  5 nanograms per milliliter for 
adults  and concluded the limit wasn't appropriate, lacked scientific 
support, and had the potential to expose innocent people to prosecution.

In our own state last year, Rep. Roger Goodman introduced an 8 ng/ml 
limit. He withdrew the bill due to public backlash and, after 
examining the science, realized it could lead to innocent people 
being busted. Studies show that medical cannabis patients and even 
casual consumers will fail this limit hours, or days, after last 
consuming cannabis.

No one should ever drive impaired, regardless of the substance, but 
this mandate is not based on impairment and will lead to prosecution 
of the innocent.

Even states like Arizona (and countries like Germany), with similar 
per se policies, have legal exceptions for patients. It's also worth 
noting that if I-502 passes, Washington will become the first state 
with a voter-enacted per se DUID law for THC.

Drivers under 21  even patients  are subject to a zero-tolerance 
policy. Trace amounts will lead to guaranteed convictions and 
life-altering convictions. Studies show individuals test active for 
THC 30 days after last consumption. This is bad public policy.

I-502 has many other faults. As a nonprofit organization working 
since 2010 to repeal cannabis prohibition in our state, we've done an 
eight-part analysis of this initiative that is available at 
SensibleWashington.org/blog/i502.

These aren't problems that will be easy to fix. If I-502 passes, 
complacency could dissuade voters and elected officials from 
supporting legal alterations, or meaningful reform, for years. 
There's also concern that this initiative could set a negative 
precedent across the country and could trick people into thinking 
legalization has failed when this initiative doesn't bring the 
promised benefits.

We encourage everyone to educate themselves on the issue and to 
examine the initiative. It would fail to bring any of the benefits of 
legalization and mandates dangerous new policies. Vote no on Initiative 502.

[sidebar]

Wrong approach

Initiative 502 has many faults, and if it passes, complacency could 
dissuade voters and elected officials from supporting meaningful 
reform for years.
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MAP posted-by: Jay Bergstrom