Reform, Reform…Reform in Washington State.

*Article updated August 22nd, 2011*

Seattle Hempfest recently took part in a historic year for a festival that has been an excellent portal to give the culture hope of a better future. This year’s Hempfest, and the path going into it, was paved with a celebratory vibe as the festival entered its 20th year of existence. In addition to an astounding two decade run of a festival that some may of formally considered “taboo”, the often proclaimed “protestival” for the first time in its history operated for three days – Friday*, Saturday and Sunday. With it being one of the largest free speech festivals in the world, bringing in typically over a quarter million people over two days, it’s a very obvious evolution for it to expand to a third day.

Given the absolutely golden opportunity to present their position in front of thousands of supportive crowd members, this year’s Hempfest was lined up as a key battleground in the reform movement, where three legalization groups are attempting to reform their state’s laws in Washington. The legalization groups New Approach Washington, Sensible Washington and Y.E.P (Yes End Penalties) were all spreading their messages at Hempfest. Each on reform – each on a different method or version of reaching that goal.


At the festival this year the organization New Approach Washington (NAW) collected signatures for Initiative 502, an initiative that would legalize possession of an ounce of cannabis, setup a distribution system to be licensed through the state’s liquor control board, and would retain the illegality of individuals growing their own. NAW had a booth at the festival and was fundraising to support their organization. I-502 has a wide range of support from individuals such as Rick Steves and Washington State Rep. Mary Lou Dickerson, but has drawn harsh criticism within the movement for setting up (if passed) a per se DUI limit that would prosecute recreational and medicinal smokers who have an active THC blood content above 5 ng/mL, regardless of actual impairment. The organization has taken even more hits recently with the finding that medical patients between the ages of 18-20 will be held to a complete zero tolerance DUI limit, meaning that a patient within that age group who is a regular smoker has the potential to fail a DUI test – days after smoking.

Even with the criticism, NAW’s Campaign Director Alison Holcomb is still set on the fact that they have what it takes to succeed,

“We came up with our initiative by doing research, talking to a lot of people, talking to the public, trying to find something people
will pass,”

she tells TheJointBlog,

“everybody – lawyers, doctors, church-goers, they’re all saying maybe I don’t smoke marijuana, but marijuana reform is important to me.”

With the competition mentioned, Alison feels that succeeding

“wont be simple or easy for any of us, but I think we should pool our resources to get a victory in 2012, but I certainly understand if people want to work on their own.”

Whether the public accepts this method of reform, or like Prop 19 it overly-divides their base of support, is yet to be seen.

NAW is currently working through mostly volunteer signature gatherers, but with $242,000 in the bank, they have also begun paying professional gatherers and will be hiring more in the coming months.


To combat with this “new approach”, the newly formed organization Y.E.P. were also collecting signatures for an Initiative to the Legislature, I-505 which would fully repeal state criminal and civil penalties regarding marijuana laws, short of changing current DUI laws and certain laws regarding minors. I-505 was filed by Lacey Washington City Councilman Ron Lawson. Media Coordinator Don Skakie (former State Coordinator for Sensible Washington) is helping to run the campaign (though it’s made clear that this is not a top-down group, but purely grassroots). Their initiative is essentially the same as Sensible Washington’s I-1149, but given that SW was adamant about running an Initiative to the People, and not the Legislature, Y.E.P. has decided to take the charge in pushing an initiative forward that will have, like NAW, until the end of the year to bring in exactly 241,153 valid signatures.

“With I-505 it’s about signatures, not about money.”

Don Skakie proclaims, making it clear that the organization will be focused specifically on gathering signatures to put prohibition’s repeal on the 2012 ballot. However, Y.E.P. will be working alongside the cooperatively formed group Grassroots Wa, an organization designed to help bring people together. Don feels that,

“we need to unify everyone within the movement, we have a bunch of splinters but we need to all come together to make a big stick.”

He tells us that Grassroots Wa will be used to not only bring reform groups together, but as an outlet to help pay I-505 onto the ballot. Grassroots Wa will be accepting donations from those wishing to put 505 to a vote, and this funding will be spread out among those who help turn in the first 301,000 valid signatures, meaning that you gain a “share” of the pot (no pun, promise!) by turning in signatures, with each signature being a single share.

If accomplished (though they are currently quite underfunded and under”staffed”), the initiative would go on the November 2012 ballot unless the Legislature decides to immediately pass it into law (very unlikely). The Legislature may also amend the initiative, sending both the original and amended version to the ballot. The same is true with NAW’s initiative which will be following the same process.


The third Washington based cannabis reform group that had a booth and volunteers at Seattle’s Hempfest was Sensible Washington, an organization formed in January 2010 which sponsored Initiatives 1068, followed by 1149 in 2011. The group has failed to make the ballot on both occasions, but has essentially worked through strictly volunteers, and many believe they have had a large influence within the community. Sensible Washington, like Y.E.P., is working towards the full repeal of prohibition in Washington State for those over the age of 18. Sensible Washington, even after failing to make the ballot for the second time, has been pushing forward as an organization spreading the word of reform.

Unlike NAW and Y.E.P., Sensible Washington is not running an Initiative to the Legislature. This means that Sensible Washington was not collecting signatures for a specific petition, but were signing up volunteers and fundraising to help to potentially put full legalization on the 2012 ballot themselves. Despite two failed attempts, Sensible Washington has built up an infrastructure throughout the state with thousands of followers and hundreds of volunteers, and still seem like a viable option for reform in Washington State. Sensible Washington Founder Douglas Hiatt, simply put, feels that their version of reform is the proper way to go,

“Our method protects patients, is not Federally pre-emptable, and doesn’t run the risk of being altered by the Legislature before being put to a vote. It’s real reform.”

However, with them no longer being the sole group working on legalization in Washington State through the initiative process, it will clearly be another hurdle for them (or any of the other groups) to come out on top as the version of reform that the public most latches onto and allows to bring reform in the state.


 

Despite the inherent confusion of having three separate groups working on the same issue, but separately, it’s clear either way that Washington State will have an interesting choice to make, and will be a key location for marijuana law reform going into 2012. It’s the task of voters and those who want to see a change to examine their options and choose what they feel is the best route going forward.

We hope that despite the dual methods of reform, the clear message that needs to get out here isn’t lost; That our marijuana laws have failed, and desperately need to be reformed.

 

-TheJointBlog

 

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3 Responses to Reform, Reform…Reform in Washington State.

  1. Alison Holcomb says:

    Solid, even-handed article. Thanks. Hope to see you at Hempfest.

  2. Don Skakie says:

    The confusion is easy to make clear when one answers the questions asked directly, rather than with a lot of misdirection.

    Simply, NAW will force everyone that wishes to consume cannabis to buy only up to one ounce and only through state licensed stores with no Home Growing. NAW will make criminals of every authorized patient who drives, regardless of their ability to drive at or above 5ng.

    Yep’s I-505 will allow Home Grows tax free and without penalties and without limit on amount.
    If people can’t, aren’t able or simply don’t want to bother to grow for themselves, YEP’s I-505 will allow businesses to serve them. The regulation of these businesses and taxes beyond existing sales tax is deferred to process through public input rather than dictated from on high with no public process.

    Yep’s I-505 will not change current DUI laws that are effective, evidenced by the lack of horror stories of “stoned” drivers wreaking havoc on the roads of WA.

    YEP’s I-505 will not make second class citizens out of adults under 21. They can buy guns and bullets, why not safe and natural cannabis? It may be that making a choice that is safer than alcohol would dissuade them from dangerous behavior associated with alcohol consumption.

    The effect of NAW’s tax provisions will drive up the price of cannabis from $10 per gram to (without any change in current pricing or mark up) to $39.55. Even if the elimination of contraband pricing cuts the price in half, the cost would still be double what it is now. Would that discourage or embolden illegal sales?

    The effect of YEP I-505 enabling Home Growing will be to allow those who want and are able, to take the capital expended in buying a contraband product and instead spending it in the legitimate economy where it will stimulate economic growth.

    State and local law enforcement will focus on crime and not running around weighing cannabis, checking tax stamps or looking into gardens.

    Fair taxes and evenhanded regulations resulting from discussions based in science and fact are the way forward, which YEP’s I-505 will encourage.
    NAW’s prohibitive taxes and attempt at behavior control will put into law words that are not the result of a public process and will force the public to choose whether to follow the law at a tremendous cost or turn to the contraband market or their own devices under threat of arrest and prosecution.

    Cannabis has been prohibited for almost 80 years. Let’s make sure legalization does not trade the human bondage of arrest, incarceration and asset forfeiture for one of economic bondage forced upon us through unreasonable taxes and restraint from providing for ourselves that which we would if not otherwise denied by word of law.

    Email if you want to become involved gathering signatures for I-505.

  3. notSpicoli says:

    I-502 “has drawn harsh criticism within the movement for setting up (if passed) a per se DUI limit that would prosecute recreational and medicinal smokers who have an active THC blood content above 5 ng/mL, regardless of actual impairment.”

    This may be a criticism, however, is not accurate.

    As lawyer Allison Holcomb points out, “A blood draw cannot be taken from a driver until all three of the following conditions have been met: (1) probable cause for an arrest, (2) reasonable belief of driving while impaired (typically established through field sobriety tests), and (3) reasonable belief the impairment is caused specifically by drugs, and not alcohol.”

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