Washington Initiative 502 (2011)
Encyclopedia
Washington Initiative 502 (I-502) "on marijuana reform" is an initiative to the legislature, submitted to the Washington state Secretary of State
during the summer of 2011. It must gather 241,153 verified signatures by December, to be approved by the Washington State Legislature
in their 2012 session or passed along to voters at the general election of 6 November 2012. If passed it shall legalize possession up to amounts specified in the initiative for marijuana or marijuana-infused products, regulate and tax
marijuana, with revenue earmarked
for substance-abuse
prevention education
and healthcare. Passage of this initiative would not change the status of marijuana under federal law.
similar to that established for hard liquor in Washington.
Marijuana is legally defined based on its THC
content, to distinguish it from hemp
and other parts of the cannabis
plant. I-502 establishes a license system for production, possession, distribution and sale of marijuana. Initial licenses shall be $250 with an annual renewal fee of $1000. Rules prohibit producers and processors from having any financial interest in retailers, essentially similar to and administered by the State Liquor Control Board
. Unlicensed marijuana is still illegal, including personal grows in one's own home. I-502 would also make it illegal to drive with blood THC levels equal to or greater than 5 nanograms per milliliter. Medical experts are increasingly concerned that this will lead to unimpaired drivers being wrongfully convicted.
Part IV of the act is the tax mechanism which establishes a 25% excise tax upon every transfer from producer to processor(s) to retailer and earmarks the majority of such revenue.
Initiative 502 is similar to Washington House Bill 1550 (2011), a "fiscal note" on which was completed by the Office of Financial Management on February 23, 2011. Summaries of that analysis showed law-enforcement savings of approximately $22 million. The fiscal note for HB 1550 projected revenues of approximately $215 million per year.
However, HB 1550 did not have an unnecessary DUI provision, which will likely negate any savings.
, former U.S. Attorney
for the Western District of Washington
; Peter Holmes, Seattle city attorney
; Kim Marie Thorburn MD and MPH
, former director of the Spokane
Regional Health District; and travel writer Rick Steves
. Other sponsors include state representative
for the 36th district Mary Lou Dickerson
, immediate past president of the Washington State Bar Association
Salvador A. Mungia, past president of the Washington State Bar Association Mark Johnson, former King County
health official Robert W. Wood MD, University of Washington
School of Social Work professor emeritus
Roger Roffman DSW
, and Alison Holcomb, campaign director for New Approach Washington, "on loan from" the American Civil Liberties Union
of Washington.
. In September, the Washington State Democratic Central Committee endorsed I-502 by a vote of 75 in favor and 43 opposed.
Concerns were raised early on about I-502's faulty provisions regarding driving under the influence of cannabis (DUIC). The I-502 campaign dismissed these concerns saying that these unscientific DUIC provisions were necessary to win. Shortly thereafter, Patients Against New Approach Washington (PANAW) began its vocal opposition.
A letter was sent to I-502 sponsors by Richard Bayer, MD; lawyers David Arganian and Jeffrey Steinborn; Gil Mobley, MD; Vivian McPeak, Executive Director of Seattle Hempfest
; and Ric Smith, who has been a prominent patient advocate since 1996. These individuals detailed why I-502's DUIC language is unnecessary, unscientific, and unfair.
Secretary of State of Washington
The Secretary of State of Washington is one of the elected constitutional officers of the U.S. state of Washington. The duties of the office are specified in Article III, Section 17 of the Washington State Constitution and Chapter 43.07 of the Revised Code of Washington...
during the summer of 2011. It must gather 241,153 verified signatures by December, to be approved by the Washington State Legislature
Washington State Legislature
The Washington State Legislature is the state legislature of the U.S. state of Washington. It is a bipartisan, bicameral body, composed of the lower Washington House of Representatives, composed of 98 Representatives, and the upper Washington State Senate, with 49 Senators.The State Legislature...
in their 2012 session or passed along to voters at the general election of 6 November 2012. If passed it shall legalize possession up to amounts specified in the initiative for marijuana or marijuana-infused products, regulate and tax
Excise
Excise tax in the United States is a indirect tax on listed items. Excise taxes can be and are made by federal, state and local governments and are far from uniform throughout the United States...
marijuana, with revenue earmarked
Earmark (politics)
In United States politics, an earmark is a legislative provision that directs approved funds to be spent on specific projects, or that directs specific exemptions from taxes or mandated fees...
for substance-abuse
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
prevention education
Drug education
Drug education is the planned provision of information and skills relevant to living in a world where drugs are commonly misused. Planning includes developing strategies for helping children and young people engage with relevant drug-related issues during opportunistic and brief contacts with them...
and healthcare. Passage of this initiative would not change the status of marijuana under federal law.
Ballot Measure Summary
As described by the Secretary of State's office, the measure would "license and regulate marijuana production, distribution, and possession for persons over twenty-one; remove state-law criminal and civil penalties for activities that it authorizes; tax marijuana sales; and earmark marijuana-related revenues."This measure would remove state-law prohibitions against producing, processing, and selling marijuana, subject to licensing and regulation by the liquor control board; allow limited possession of marijuana by persons aged twenty-one and over; and impose 25% excise taxes on wholesale and retail sales of marijuana, earmarking revenue for purposes that include substance-abuse prevention, research, education, and healthcare. Laws prohibiting driving under the influence would be amended to include maximum thresholds for THC blood concentration.
Provisions
The initiative would legalize use of marijuana for adults 21 and over and focus law enforcement resources on violent and property crimes. New revenues are earmarked for health care, drug abuse treatment and education, administration and general funds, and 1% for research. Marijuana will be placed under the legal control of a state-licensed systemAlcoholic beverage control state
Alcoholic beverage control states, generally called control states, are those in the United States that have state monopoly over the wholesaling and/or retailing of some or all categories of alcoholic beverages, such as beer, wine, and distilled spirits....
similar to that established for hard liquor in Washington.
Marijuana is legally defined based on its THC
Tetrahydrocannabinol
Tetrahydrocannabinol , also known as delta-9-tetrahydrocannabinol , Δ1-THC , or dronabinol, is the main chemical psychoactive substance found in the cannabis plant. It was first isolated in 1964. In pure form, it is a glassy solid when cold, and becomes viscous and sticky if warmed...
content, to distinguish it from hemp
Hemp
Hemp is mostly used as a name for low tetrahydrocannabinol strains of the plant Cannabis sativa, of fiber and/or oilseed varieties. In modern times, hemp has been used for industrial purposes including paper, textiles, biodegradable plastics, construction, health food and fuel with modest...
and other parts of the cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
plant. I-502 establishes a license system for production, possession, distribution and sale of marijuana. Initial licenses shall be $250 with an annual renewal fee of $1000. Rules prohibit producers and processors from having any financial interest in retailers, essentially similar to and administered by the State Liquor Control Board
Washington State Liquor Control Board
The Washington State Liquor Control Board is an administrative agency of the State of Washington. The Liquor Control Board is part of the executive branch and reports to the Governor. The Board holds a monopoly on the distribution of hard liquor because Washington is a control state...
. Unlicensed marijuana is still illegal, including personal grows in one's own home. I-502 would also make it illegal to drive with blood THC levels equal to or greater than 5 nanograms per milliliter. Medical experts are increasingly concerned that this will lead to unimpaired drivers being wrongfully convicted.
Part IV of the act is the tax mechanism which establishes a 25% excise tax upon every transfer from producer to processor(s) to retailer and earmarks the majority of such revenue.
Initiative 502 is similar to Washington House Bill 1550 (2011), a "fiscal note" on which was completed by the Office of Financial Management on February 23, 2011. Summaries of that analysis showed law-enforcement savings of approximately $22 million. The fiscal note for HB 1550 projected revenues of approximately $215 million per year.
However, HB 1550 did not have an unnecessary DUI provision, which will likely negate any savings.
Sponsors
Registered sponsors for the measure include: John McKayJohn McKay (attorney)
John Larkin McKay is a former United States Attorney for the Western District of Washington.John Larkin McKay, a member of a prominent Republican family in the state, attended the University of Washington, where he received a Bachelor of Arts degree in political science in 1978...
, former U.S. Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
for the Western District of Washington
United States District Court for the Western District of Washington
The United States District Court for the Western District of Washington is the Federal district court whose jurisdiction comprises the following counties of the state of Washington: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan,...
; Peter Holmes, Seattle city attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
; Kim Marie Thorburn MD and MPH
Professional degrees of public health
The Master of Public Health and the Doctor of Public Health are multi-disciplinary professional degrees awarded for studies in areas related to public health....
, former director of the Spokane
Spokane
Spokane is a city in the U.S. state of Washington.Spokane may also refer to:*Spokane *Spokane River*Spokane, Missouri*Spokane Valley, Washington*Spokane County, Washington*Spokane-Coeur d'Alene-Paloos War*Spokane * USS Spokane...
Regional Health District; and travel writer Rick Steves
Rick Steves
Richard "Rick" Steves is an American author and television personality focusing on European travel. He is the host of the American Public Television series Rick Steves' Europe, has a public radio travel show, Travel with Rick Steves, and has authored various location-specific travel...
. Other sponsors include state representative
Washington House of Representatives
The Washington House of Representatives is the lower house of the Washington State Legislature, the legislature of the U.S. State of Washington. It is composed of 98 Representatives from 49 districts, each of which elects two members. All members of the House are elected to a two-year term without...
for the 36th district Mary Lou Dickerson
Mary Lou Dickerson
Mary Lou Dickerson is a Democratic member of the Washington House of Representatives, representing the 36th district since 1995.-Legislative Background:...
, immediate past president of the Washington State Bar Association
Washington State Bar Association
The Washington State Bar Association is the mandatory statewide bar association of Washington State. As an administrative arm of the Washington State Supreme Court, it administers the admissions, licensing, and discipline functions for lawyers licensed in Washington. It also acts as their...
Salvador A. Mungia, past president of the Washington State Bar Association Mark Johnson, former King County
King County, Washington
King County is a county located in the U.S. state of Washington. The population in the 2010 census was 1,931,249. King is the most populous county in Washington, and the 14th most populous in the United States....
health official Robert W. Wood MD, University of Washington
University of Washington
University of Washington is a public research university, founded in 1861 in Seattle, Washington, United States. The UW is the largest university in the Northwest and the oldest public university on the West Coast. The university has three campuses, with its largest campus in the University...
School of Social Work professor emeritus
Emeritus
Emeritus is a post-positive adjective that is used to designate a retired professor, bishop, or other professional or as a title. The female equivalent emerita is also sometimes used.-History:...
Roger Roffman DSW
Doctor of Social Work
The Doctor of Social Work or PhD in Social Work or PhD in Social Policy and Social Work is a higher academic degree for social workers who wish to further their careers. The PhD candidate gains experience at doctoral level in education, training in advanced practice, teaching, supervision, research...
, and Alison Holcomb, campaign director for New Approach Washington, "on loan from" the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
of Washington.
Support and Opposition
Early supporters of the measure include Dominic Holden of The StrangerThe Stranger (newspaper)
The Stranger is an alternative weekly newspaper in Seattle, Washington, USA. It runs a blog known as Slog.-History:The Stranger was founded by Tim Keck, who had previously co-founded the satirical newspaper The Onion, and cartoonist James Sturm. Its first issue came out on September 23, 1991...
. In September, the Washington State Democratic Central Committee endorsed I-502 by a vote of 75 in favor and 43 opposed.
Concerns were raised early on about I-502's faulty provisions regarding driving under the influence of cannabis (DUIC). The I-502 campaign dismissed these concerns saying that these unscientific DUIC provisions were necessary to win. Shortly thereafter, Patients Against New Approach Washington (PANAW) began its vocal opposition.
A letter was sent to I-502 sponsors by Richard Bayer, MD; lawyers David Arganian and Jeffrey Steinborn; Gil Mobley, MD; Vivian McPeak, Executive Director of Seattle Hempfest
Seattle Hempfest
Seattle Hempfest is an annual event in Seattle, Washington, the world's largest annual gathering advocating decriminalization of marijuana. Founded in 1991 as the Washington Hemp Expo, a self-described "humble gathering of stoners" attended by only 500 people, and renamed the following year as...
; and Ric Smith, who has been a prominent patient advocate since 1996. These individuals detailed why I-502's DUIC language is unnecessary, unscientific, and unfair.
See also
- Legal history of cannabis in the United States
- Decriminalization of non-medical cannabis in the United States
- Washington Initiative 692 (1998)Washington Initiative 692 (1998)Initiative 692 was an initiative in the November 1998 election in the U.S. state of Washington. The initiative was to permit patients with certain debilitating conditions to use medical marijuana...
- Washington Initiative 1068 (2010)Washington Initiative 1068 (2010)Initiative 1068 was a proposed initiative for the November 2010 Washington state general election that would remove criminal penalties from the adult use, possession, and cultivation of marijuana in Washington. The group Sensible Washington is the official sponsor of the initiative...