Citizens for a Sensible Spokane

Medical Cannabis

Spokane's medical cannabis community sustained a series of almost fatal blows from the United States federal government earlier this Spring. Beginning on April 6, 2011, U.S. Attorney Michael Ormsby notified local landlords and dispensary owners to cease and desist or face possible federal prosecution. Many of the city's 30 or so dispensaries closed their doors independently. However, a few bold and compassionate providers remained open to patients in need.

On April 28 and May 18, those still open were raided by a joint task force of local, state, and federal agencies, including the U.S. Drug Enforcement Administration and the Spokane Police Department. Finally, on July 20,  five area providers were indicted on a list of federal charges and could face up to 20 years in prison. The aftermath of these events has forced Spokane's once thriving and open medical cannabis industry to move underground.

Meanwhile, Engrossed Second Substitute Senate Bill 5073, a bill revising Washington state's medical cannabis laws, was passed by the state legislature on April 22nd and included provisions for state-licensed production, processing, and dispensing of medical cannabis. However, these provisions were vetoed on April 29 when Governor Christine Gregoire signed the bill into law, under the assertion that state employees may be subject to federal prosecution for participating in such a program. (Governor's Veto Message)

The surviving portions of SB 5073 went into effect on July 22  of this year, allowing for 10- patient, 45-plant collective gardens rather than retail-style dispensaries. They also include provisions clarifying the 'one-patient-at-one-time' loophole exploited by many store fronts, limiting designated providers to assisting one patient every 15 days.

Although Spokane's medical cannabis industry has been severely disabled by interference from Washington, D.C., and inaction out of Olympia, local patients and providers are slowly coming together to rebuild a community and create safe and responsible access for those in need.

On June 20, 2011, the Spokane City Council voted unanimously to amend Spokane Municipal Code (SMC) Section 10.15.100 to include language accounting for recent changes made to Washington's medical cannabis laws, appearing to allow for collective gardens within city limits. However, the provision pertaining to medical cannabis is vague and does not stipulate whether collective owners are to obtain a business license, pay taxes, or are subject to other local laws such as zoning and land use codes. As a result, providers are reluctant to openly assist patients, leaving many without safe access to quality medicine.

It's important to note that Section 1102 of SB 5073 provides that cities, towns and counties may adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes. Localities such as Seattle and Ellensburg have already passed ordinances allowing for and regulating medical cannabis production within city limits. Other rural and more conservative towns and counties have opted to place bans or moratoriums on collective gardens. As the largest and most populated municipality in the region, city officials in Spokane have a responsibility to provide clarity on this matter.

Citizens for a Sensible Spokane's Medical Cannabis Product Regulations ordinance provides a framework for local advocates and city officials to begin discussions. Modeled heavily after an ordinance recently passed unanimously by the Seattle City Council, this measure would allow for safe access points to begin serving patients openly, without fear of reprisal, under conditions which are consistent with state law.

Decriminalization

Although medical marijuana has been dominating the headlines as of late, it's merely one aspect of a war on cannabis waged against U.S citizens for over 70 years by the American government. Prior to 1937, when Congress passed the Marihuana Tax Act, essentially outlawing marijuana in the United States, cannabis infused-products were available, without a prescription, at drug stores and pharmacies and were used by many to ease a variety of symptoms. Since then, cannabis has been vilified in order to support a plethora of ulterior political motives -- none more evident than former President Richard Nixon's blatant disregard for a federally commissioned report calling to decriminalize adult marijuana possession more than 40 years ago.

In 1972, the National Commission on Marihuana and Drug Abuse released a report, commissioned by then President Nixon, entitled Marihuana: A Signal of Misunderstanding. The commission, headed up by Raymond P. Schafer concluded that “possession of marihuana for personal use would no longer be an offense, but marihuana possessed in public would remain contraband subject to summary seizure and forfeiture. Casual distribution of small amounts of marihuana for no remuneration, or insignificant remuneration not involving profit, would no longer be an offense.” Rather than heeding the recommendations of the commission, Nixon went the other direction, initiating a war on drugs which has cost the American taxpayer over a trillion dollars to date.

Over the course of the last 30 years, a number of states and municipalities throughout the country have passed laws decriminalizing possession of small amounts of marijuana by adults. In 2009, the Washington State Bar Association endorsed SB 5615, a bill which would have made possession of 40 grams or less of marijuana by adults a class II civil infraction rather than a criminal misdemeanor. The Washington State Department of Community, Trade and Economic Development concluded that this approach could see a combined reduction in expenditure of upwards of $11 million per year for local governments. (SB 5615 full text and Fiscal Note)

Although the financial costs are staggering, the social and human costs are of  greater importance. More than 800,000 marijuana related arrests were made in 2010 in the United States, 90% of which were for simple possession alone. That's actually one half of all drug-related arrests in America. Misdemeanor convictions for marijuana can interfere with one's ability to obtain employment, receive financial aid for college, travel freely, and secure visitation or custody rights with children -- all for simple possession of a plant that has no lethal dose.

In an attempt to address these issues locally, Citizens for a Sensible Spokane has introduced a second ordinance in the form of a citizens' initiative which would make possession of 40 grams or less of marijuana by adults a class III civil infraction, punishable by a fine of up to $50, rather than a misdemeanor and possible jail time. This ordinance will not affect authorized medical cannabis patients, however. (Decriminalization Ordinance full text)

Although these ordinances are being submitted to the council in the form of citizens' initiatives under SMC 02.02.030, Sensible Spokane has no intention of sending these measures to the streets for a petition drive. Rather, we hope that members of the council and other city officials will take the responsibility they were elected and appointed to perform and begin working with local cannabis advocates to address these issues. If none of the current council members are willing to champion this cause, supporters are strongly encouraged to reach out to and endorse candidates who will take a stand on the matter for the November 2011 general municipal election.

Please join Citizens for a Sensible Spokane on Monday, September 26, 2011, at the Spokane City Council Chambers - City Hall Lower Level located at 808 W. SpokaneFalls Blvd -- for a hearing regarding Medical Cannabis Products Regulations and Possession of Marijuana. The meeting begins at 6:00pm and supporters are encouraged to sign up to speak in favor of both measures. At the end of the hearing, a representative from Sensible Spokane will request a legal review of each ordinance on behalf of the City Attorney's office in order to assist in the final draft of a comprehensive measure due out at the end of the year.

Committee meetings for the development of local policy will be held once a month at Merlyn's, located at 19 W. Main Ave. The first meeting is scheduled for Tuesday, October 4th from 7-9pm.