Washington: Lawmakers Vote For “Continued Chaos”

They say that the will of politicians often lags behind the sentiment of the public. Nowhere is this adage more clear than when it comes to marijuana law reform.

It was business as usual today in Olympia, as lawmakers on the House Committee on Public Safety & Emergency Preparedness voted down a pair of bills aimed at reforming the state’s failed criminal marijuana laws.

House Bill 2401 sought to regulate the adult production, use, and distribution of marijuana in a manner similar to alcohol. Here was the roll call vote:

Hurst (D) Chair — N
O’Brien (D) Vice Chair — N
Pearson (R) — N
Klippert (R) — N
Appleton (D) — Y
Goodman (D) — Y
Kirby (D) — N
Ross (R) — N

House Bill 1177 was much more limited in scope, seeking simply to reclassify minor marijuana possession offenses from a criminal misdemeanor to a fine-only civil infraction. (Note, its Senate companion bill, SB 5615, awaits floor action in the Senate.) This change, known as decriminalization, is already the law in over a dozen states.

Here was the roll call vote:

Hurst (D) Chair — N
O’Brien (D) Vice Chair — Y
Pearson (R) — N
Klippert (R) — N
Appleton (D) — Y
Goodman (D) — Y
Kirby (D) — N

The legislative defeats came despite nearly two hours of public testimony, nearly all of which was in support of one or both reform proposals.

So what reasons did lawmakers give for voting ‘no’ on these reforms? Here’s just a few excuses.

Committee Chair, democrat Christopher Hurst alleged that as a state lawmakers he is sworn to uphold both state and federal law, and claimed that both proposals would be in violation of the federal Controlled Substances Act. (For the record, neighboring Oregon first decriminalized marijuana possession offenses in 1973 and has never run afoul of federal law. Likewise, New Mexico’s government has licensed the production and distribution of marijuana for medical purposes without incident.)

Republican Brad Klippert stated, “As a law enforcement officer … on countless occasions I’ve seen the negative effects of marijuana on people’s lives.” (By that logic I suppose that the Representative would also vote to criminally prohibit alcohol, tobacco, and fatty foods.)

Fellow Republican Kirk Pearson claimed that just by lawmakers talking about the bills they were encouraging teens to try marijuana. (“I don’t want to do anything today that would make drug use seem safer to teenagers,” he said, even though by his own logic he was better off keeping his mouth shut.)

Finally, Democrat Rep. Steve Kirby alleged that he supported the reforms, in theory, but then inexplicably said that such changes in policy “require a vote of the public,” not action by the legislature. (Um, was marijuana prohibition enacted by a vote of the public?) Ultimately, however, Rep. Kirby may get his wish, as NORML Legal Committee member Douglas Hiatt has filed a petition to put the marijuana legalization issue on the November 2010 state ballot, and a recent statewide poll shows that if the election was held today it would win.

In the end, however, Democrat Rep. Roger Goodman stood as the minority voice of reason when he told his colleagues: “A ‘no’ vote … is a vote for prohibition and the illegal markets that it spawns. A ‘yes’ vote is a vote for control. … A ‘no’ is a vote for continued chaos.”

It’s a lesson that the public has already learned — even if a majority of their elected officials have not. Perhaps now is the time to teach them.

City Of Seattle Will No Longer Prosecute Marijuana Possession Offenses

Newly elected city attorney Peter Holmes will no longer prosecute minor marijuana possession offenses, according to a report published in The Seattle Times.

“[The city of Seattle] is no longer going to prosecute marijuana possession cases anymore,” said Holmes.  The Times reports that Holmes has already begun dismissing cases that were filed by the previous city attorney, Tom Carr.

Holmes defeated Carr in the November 2009 election.

In 2003, Seattle voters approved Initiative 75, which requires that “the Seattle Police Department and City Attorney’s Office shall make the investigation, arrest and prosecution of marijuana offenses, when the marijuana was intended for adult personal use, the city’s lowest law enforcement priority.”

A 2008 citywide review of the ordinance reported “no evidence of any adverse effects of the implementation of I-75, including specifically: 1. No evident increase in marijuana use among youth and young adults; 2. No evident increase in crime; and 3. No adverse impact on public health.”

Tomorrow, Washington state lawmakers on the House Committee on Public Safety & Emergency Preparedness will vote on two pending marijuana law reform proposals, House Bill 1177 and House Bill 2401. House Bill 1177 seeks to reclassify the possession of forty grams or less of marijuana from a criminal misdemeanor to a class 2 civil infraction punishable by a $100 fine. House Bill 2401 seeks to “remove all existing civil and criminal penalties for adults 21 years of age or older who cultivate, possess, transport, sell, or use marijuana.”

The Committee is scheduled to vote at 1:30pm pst. You can watch this vote live here.

[UPDATE!!! If you live in Washington and have not yet contacted the Committee, you may wish to do so now, while you still can.

House panel to snuff out marijuana bills
via The Herald

[Excerpt]

Rep. Chris Hurst, chairman of the public safety panel, told me there are not enough votes to move either bill out of committee.

There are five Democrats and three Republicans on the committee. The Republicans will unite against the bills. Hurst and Rep. Al O’Brien, D-Mountlake Terrace, both former cops, each said they will oppose the bills.]

NORML’s Weekly Legislative Round Up

It’s January 2010, and that means it is time once again for NORML’s Weekly Legislative Round Up — your one-stop guide to pending marijuana law reform legislation around the country, along with tips for influencing the policies of your state.

** A note to first time readers: NORML can not introduce legislation in your state. Nor can any other non-profit advocacy organization. Only your state representatives, or in some cases an individual constituent (by way of their representative; this is known as introducing legislation ‘by request’) can do so. NORML can — and does — work closely with like-minded politicians and citizens to reform marijuana laws, and lobbies on behalf of these efforts. But ultimately the most effective way — and the only way — to successfully achieve statewide marijuana law reform is for local stakeholders and citizens to become involved in the political process and make the changes they want to see. We can’t do it without you.

Washington: Lawmakers on the House House Committee on Public Safety & Emergency Preparedness will vote on Wednesday, January 20, at 1:30pm on two pending proposals, House Bill 1177 and House Bill 2401. House Bill 1177 seeks to reclassify the possession of forty grams or less of marijuana from a criminal misdemeanor to a class 2 civil infraction punishable by a $100 fine. House Bill 2401 seeks to “remove all existing civil and criminal penalties for adults 21 years of age or older who cultivate, possess, transport, sell, or use marijuana.” This will be the first time state lawmakers have ever voted on regulating marijuana production, distribution, and use by adults. If you reside in Washington, please contact your House member and urge him or her to support one or both of these measures by going here and here. You can also call the Committee and leave a polite, concise message voicing your support for marijuana law reform at: (360) 786-7131 or toll free at: 1-800-562-6000. You can watched archived footage of Wednesday’s hearing on these measures here.

New Hampshire: Lawmakers on the House Criminal Justice and Public Safety Committee will hold hearings on Wednesday, January 20, beginning at 1:00pm on two pending proposals, HB 1652 and HB 1653. House Bill 1652 “allows [for] the purchase and use of marijuana by adults (age 21 or older), regulates the purchase and use of marijuana, and imposes taxes on the wholesale and retail sale of marijuana.” Personal possession of up to one ounce of cannabis and/or non-commercial cultivation of up to three marijuana plants would not be subject to tax and regulation under this act. House Bill 1653 seeks to reduce minor marijuana possession penalties from a criminal misdemeanor to a fine-only offense. If you live in New Hampshire, please contact your House members and urge them to support one or both of these measures by going here and here. You can also call the Committee directly by going here.

Virginia: Lawmakers this week pre-filed legislation, House Bill 1134, seeking to dramatically reduce the state’s marijuana possession and cultivation penalties. You can read all of the bill’s proposed changes here and here. You can contact your state lawmakers in favor of this common sense proposal by going here.

Tennessee: Lawmakers on Wednesday introduced a pair of bills — Senate Bill 2511 and House Bill 2562, the Safe Access to Medical Cannabis Act – seeking to establish a statewide production and distribution program for qualified medical marijuana patients. NORML has retained a state lobbyist to represent the interests of our statewide affiliates as this bill moves forward in the 2010 legislative session. To learn more about this effort, please visit here.

Wisconsin: Members of Madison NORML and IMMLY are organizing a Medical Marijuana Lobby Day in support of AB554/SB368 the Jacki Rickert Medical Marijuana Act. The program will take place on Wednesday, January 20. It will run from 12 to 1pm at the state Capitol, in the first floor rotunda. More information on this event is online here. You can also voice your support for the Jacki Rickert Medical Marijuana Act by going here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.

Washington State Legalization Hearings Taking Place Now!

Washington state hearings on marijuana decriminalization and legalization bills going on live now. You can view the hearing by going here.

Vote is scheduled to take place one week from today.

If you reside in Washington, you can write your House member in support of these measures by going here.

You can read NORML’s testimony here.

[UPDATE!!! UPDATE!!! YOU CAN NOW WATCH THE ARCHIVED VIDEO OF THIS HISTORIC TWO-HOUR HEARING HERE. THERE IS ALSO AN EXCELLENT ARTICLE HERE, AUTHORED BY NORML BOARD MEMBER DOMINIC HOLDEN, EXPLAINING WHY COMMON SENSE MARIJUANA LAW REFORM STILL REMAINS AN UPHILL BATTLE IN WASHINGTON (AND ELSEWHERE).]

Coming To A State House Near You: Legal Cannabis?

UPDATE!!! UPDATE!!! WATCH THE WASHINGTON STATE HEARINGS LIVE HERE!

January 2010 is off to a ‘smoking’ start. Lawmakers in three key states — New Jersey, California, and Washington — are taking action this week on legislative measures that seek to significantly amend, or end, marijuana prohibition. Here’s a quick look at the week ahead.

Monday: [UPDATE 3!!! The New Jersey State Assembly and Senate have approved the “New Jersey Compassionate Use Medical Marijuana Act" (A804/S119).  Governor Jon Corzine is expected to sign the legislation into law this week. The measure is expected to take effect in six months, at which time New Jersey will become the 14th state in the nation to legalize medical marijuana. Major thanks go out to Ken Wolski and Jim Miller of Coalition for Medical Marijuana -- New Jersey, and to NORML New Jersey's Chris Goldstein. Without their efforts it is unlikely that this victory would be upon us today.]

Tuesday: [UPDATE!!! I have just returned from Sacramento and wanted to confirm to folks that AB 390 did pass out of Committee by a 4-3 vote. A google news search under the key words "marijuana" and "California" with yield plenty of media coverage, with much more to come.] Members of the California Assembly, Public Safety Committee will vote on Assembly Bill 390, the Marijuana Control, Regulation, and Education Act, which seeks to regulate and control the production, distribution, and personal use of marijuana for adults age 21 and older. This vote will mark the first time since 1913, when California became one of the first states in the nation to enact cannabis prohibition, that lawmakers have reassessed this failed policy. (See my op/ed in today’s Sacramento Bee here.) A press conference is anticipated to take place immediately following the vote. You can read NORML’s prepared testimony here and here, and you can voice your support for this effort by going here.

Wednesday: Washington state House lawmakers will hear testimony at 1:30pm in favor of a pair of bills seeking to significantly reduce state marijuana penalties. Members of the House Committee on Public Safety & Emergency Preparedness will debate two pending proposals, House Bill 1177 and House Bill 2401. House Bill 1177 seeks to reclassify the possession of forty grams or less of marijuana from a misdemeanor to a class 2 civil infraction punishable by a $100 fine. House Bill 2401 seeks to “remove all existing civil and criminal penalties for adults 21 years of age or older who cultivate, possess, transport, sell, or use marijuana.” This will be the first time state lawmakers have ever debated regulating marijuana production, distribution, and use by adults.

NORML representatives will be testifying in Olympia on Wednesday (Read testimony here.), and NORML Advisory Board member Rick Steves will also be hosting a public forum on the topic at Olympia’s Capitol Theater on Tuesday evening. If you live in Washington, you can urge the Committee to vote ‘yes’ on one or both of these measures by going here and here.

For information on additional state and federal marijuana law reform legislation, please visit NORML’s ‘Take Action Center’ here.