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Drug War Roundup - Battling over Medical Marijuana in Washington State

[This is my bi-weekly Drug War Roundup that I regularly post at Daily Kos.  Because the commentary is related to Washington State, I'm also posting it here]

Washington State's law authorizing medical marijuana came into effect with a voter initiative in 1998.  In the years since, Washington State residents who have a medical need for the drug have been either growing the plant themselves or obtaining it from unofficial caregivers.  Due to the vagueness of the original law passed by the voters, however, it became fairly easy for law enforcement officials to undermine the spirit of the law while still remaining within the letter of it.  These incidents have been especially common in the more rural areas of the state, where opposition to marijuana in general runs the highest.

As a result, State Senator Jeanne Kohl-Welles from Seattle introduced bill SB-6032 this session to amend the state law to provide better protection for both patients and their providers.  The ACLU in Seattle also worked on the bill and met with many of those patients and providers and have been lobbying in Olympia to get the bill through.

Two of those patients are Steve Sarich and John Worthington, who were each busted earlier this year, but not charged with anything.  Sarich runs an organization called CannaCare, which aims to be a cooperative for medical marijuana patients, and was discovered to have over 1,500 plants growing in his Everett, WA home.  Worthington is a former associate of Sarich's, and was only growing six plants in his home south of Seattle.  Both men believe that they were targeted because they've been calling attention to local drug task forces that have been going after people who should be protected by state law.  

As the bill's supporters have tried to get it passed through the state legislature, it has faced strong opposition from both prosecutors and law enforcement officials.  As a result, the bill went through some changes.  


  • A provision that allowed for cooperatives was taken out.

  • Changes were made to allow the state Department of Health to determine what a sixty-day supply really is.

  • A provision prohibiting law enforcement from seizing a sample of marijuana and documenting the amount found when it's clear someone is following the law was removed.

  • A provision explicitly preventing the arrest of a caregiver for someone under the age of 18 was removed.

  • A provision exempting marijuana and items used for medical marijuana from asset forfeiture was removed.

  • A section explicitly prohibiting any judicial or administrative orders that would disallow the use of medical marijuana by a person possessing valid documentation was removed.


These changes did not go over well among patients, but Kohl-Welles and the ACLU continued to support the bill.  One of the ACLU members, Dominic Holden (who also started Hempfest and got Seattle to pass the very first "make marijuana the lowest law enforcement priority bill") had medical marijuana patients protesting outside his office.  

I've spoken with both Steve Sarich and Dominic Holden, and it's clear that this bill is nowhere near what either one wants, and will likely not even prevent valid patients from continuing to be arrested by local task forces.  Holden still supports the bill as the best they could get, however, and has continued to try to make his case to the state's medical marijuana patients.  Sarich feels that this entire effort has been undermined from the very beginning and says that a much more aggressive bill should have been introduced containing a number of extra protections to keep patients from being arrested.  Sarich maintains that the majority of patients are on his side in his fight to scrap the bill and he'll be issuing a press release in a few days.  

Even with a strongly Democratic controlled Congress in a state where support for medical marijuana runs at around 70%, this is proving to be a very difficult process to implement an improved system for those in need based upon a law that the voters already asked for.  Part of the difficulty is certainly coming from the way medical marijuana regulation is being circumvented so easily in California, where it's been shown to be extremely easy for non-medical users to get their supplies from the dispensaries.  But it also rests upon the shoulders of the current Governor (and former state Attorney General), Democrat Christine Gregoire, and the current state Attorney General, Republican Rob McKenna, neither of whom have been particularly supportive of drug policy reform.  The state's law enforcement officials and prosecutors have an interest in making it easier for them to prey on sick people to fill their own coffers.  This bill clearly allows them to continue to do that, even though the will of Washington voters and basic human rights are not on their side.  If government can't be a counterbalance to economic special interests, then it isn't of much use to us.

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Drug rehabilitation tends to address a stated twofold nature of drug dependency: physical and psychological dependency. Physical dependency involves a detoxification process to cope with withdrawal symptoms from regular use of a drug.
==========
Sandy
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by sandy2008 on Wed Nov 12, 2008 at 11:32:12 PM PST

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A drug, broadly speaking, is any chemical substance that, when absorbed into the body of a living organism, alters normal bodily function.There is no single, precise definition, as there are different meanings in medicine.
========
Joseph
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by joseph2008 on Thu Nov 13, 2008 at 07:49:41 PM PST

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