Monday, September 30, 2013

Liquor Control Board seeks public comments about medical marijuana

From the Washington State Liquor Control Board:


WSLCB, Department of Health and Department of Revenue Announce Timeline for Drafting Recommendations on Medical Marijuana

Recommendations due to Legislature by January 1, 2014

OLYMPIA – The three state agencies responsible for drafting recommendations to the Legislature on medical marijuana today published their timeline and announced a process for the public to provide written comment. The public may provide written comment at medicalmarijuana@liq.wa.gov.

Section 141 of the state operating budget directs the Liquor Control Board to work with the departments of Revenue and Health to develop recommendations to the Legislature regarding the interaction of medical marijuana and the emerging recreational marijuana system. The workgroup, which includes senior staff from each agency, has been meeting since July.

Date (2013)             Milestone
October 21
Provide draft recommendations to stakeholders for comment
November 8
Deadline for written comments
November 21-22
Present draft recommendations to appropriate House and Senate committees at Legislative Assembly Days
January 1, 2014
Deadline for delivering final recommendations to the Legislature

For more information about the current state of medical marijuana, please visit the WSLCB website at www.liq.wa.gov or the Department of Health website at www.doh.wa.gov.

Wednesday, September 25, 2013

Minors make up 24% of current marijuana market

The average marijuana user consumes about 123 joints per year, according to an article in today's Seattle Times.  While the article discusses consumption data which the Liquor Control Board is using to determine what the new commercial marijuana market will look like, it does not provide a complete picture of who is currently using marijuana.

According to the Liquor Control Board, 24% of current marijuana users are under the age of 21.


For those 24%, the law that concerns them is not changing and they likely will continue to get marijuana the way they currently get marijuana: socially.  Virtually none of the proposed Liquor Control Board rules address preventing social distribution to minors.  Rules and already established laws that do address social distribution continue to rely on local police for enforcement.  In Seattle, current police policy is to not enforce marijuana laws and many jurisdictions state that they do not have sufficient resources to implement and enforce the new law.

The Seattle Times' article also touches on the issue of concentrated marijuana products, that was blogged about yesterday.

But the state recognizes that the joint is losing popularity, particularly with younger stoners. A panel discussion at the Drug Policy Alliance’s upcoming biennial conference is even titled: “Is the joint obsolete?”

Edibles, topicals and concentrates, such as hash oil, have become so popular that the state figures the market for those products will be as large as the more traditional buds and flowers combusted in joints and pipes.

Tuesday, September 24, 2013

This is what marijuana looks like

Earlier this month, the U.S. Cannabis Cup was held in Seattle.  Here are a few photos of award winning marijuana.

Winner: "Best Concentrate"
Contains 66.4% THC

Second Place: "Best Concentrate"
Contains 58.5% THC

Winner: "Best Edible"
Contains 26.4 mg THC, 4.8 mg CBD

Winner:"High CBD Award"
Contains 159.6 mg CBD, 60 mg THC

Concentrates are condensed marijuana that have little plant matter left and have a concentrated amount of THC or other cannabinoid.  One form of marijuana concentrate is hash oil and during the Cannabis Cup hundreds of vendors gave out free hash oil hits.

The Washington State Liquor Control Board's proposed rules for a commercial marijuana system define a single serving of marijuana equaling 10 mg of THC or Delta 9.

Thursday, September 19, 2013

Judiciary Committee Hearing: Sheriff Urquhart's comments

King County Sheriff John Urquhart represented Washington during a United States Senate Judiciary Committee hearing about the conflicts between state and federal marijuana laws earlier this month.  The webcast of the hearing may be viewed via the hearing webpage.

Toward the end of the hearing (at about 2:08), Sheriff Urquhart answered questions about issues related to minors.  He stated that he thinks there are a lot of "urban myths floating around out there" including that thousands of people consumed marijuana in public during Hempfest, that "Seattle is going to turn into the Starbucks of marijuana", and that there will be "gummy bears infused with marijuana."  He said, "That's just not going to happen."

Marijuana-infused gummy bears
Right now, medical marijuana retailers are selling marijuana-infused gummy candies and other products that are attractive to youth.  As the Liquor Control Board rules stand right now, they will also be sold by recreational marijuana retailers.  The rules include regulations about marijuana packaging, but they do not include regulations about what the product inside the packaging looks like.

Public smoking at Hempfest
While 50,000 people may or may not have publicly used marijuana at this year's Hempfest, just Google Images "Seattle Hempfest 2013" and you can view a slew of photos of people, including those who look like minors, using marijuana in view of the public.

The Seattle Police Department has yet to change their policy of not enforcing the public consumption law and the Seattle City Council has yet to take any action on two ordinances that would prohibit public marijuana consumption, in compliance with I-502.

The Starbucks of marijuana?
In terms of number of legal retail outlets, Seattle will not turn into the Starbucks of marijuana.  Seattle is slated to have 21 recreational marijuana stores and that pales in comparison to the more than 400 Starbucks cafe's some websites say are in Seattle.  However,  Seattle is home to 273 medical marijuana businesses, 241 of which have a City business license, according to the Seattle Department of Finance and Administrative Services. 

While not suggesting that Seattle be home to hundreds of marijuana shops, the Seattle City Attorney does suggest that the City wants to promote itself as a mecca for marijuana users.  In his June letter to the Liquor Control Board, he states:
  
"People travel to Washington for many reasons, and tourism is a significant industry within Seattle and throughout the state.  We want tourists to enjoy our beautiful outdoors, fresh produce, microbrews, fine wines, professional sports and entertainment.  We should similarly embrace marijuana tourism."   

" . . . tourists should not be forced to use marijuana in parks or on sidewalks.  We recommend that the Board study private clubs or similar accommodations and propose appropriate rules governing their establishment and regulation."

Wednesday, September 18, 2013

Learn about plans for spending marijuana tax revenue

The Department of Social and Health Services (DSHS), Division of Behavioral Health and Recovery (DBHR) is hosting a series of Community Forums regarding implementing our legislative mandate for Initiative 502.

DBHR, along with other state agencies, has begun to prepare for the funding expected in late 2014 from Initiative 502 (I502) marijuana sales tax revenue. This funding is designated for community assessment, media-based education campaigns for adults and youth, prevention hotline, youth marijuana use prevention, youth treatment, and evaluation.  DBHR will share plans for implementing our legislative mandate and provide an opportunity for input from partners, service providers and community members.

Who should  attend:
  • Community providers, members and volunteers interested in preventing marijuana abuse among youth
  • Community coalitions with a  focus on substance abuse prevention
  • Community and public health professionals
  • School administrators
  • Treatment providers

Dates and Locations:
Please RSVP for the locations below at https://www.surveymonkey.com/s/I-502CommunityForumRSVP.  Seating is limited to approximately 100.
  • Yakima – October 2, 2013 – 1:00 p.m. – 3:00 p.m.
  • Spokane – October 3rd – 11:00 a.m. – 1:00 p.m.
  • Seattle – October 4, 2013 – 2:00 p.m. – 4:00 p.m.
  • Vancouver – October 8, 2013 – 1:00 p.m.-3:00 p.m.
  • Webinar – October 9, 2013 – 1:00 p.m. – 3:00 p.m. 

To join the webinar you must RSVP athttps://www2.gotomeeting.com/register/163378706

For details and more information about these forums visit http://www.theathenaforum.org/dbhrmjpublicforums

Questions?  Contact P. Scott McCarty at mccarps@dshs.wa.gov.

Monday, September 16, 2013

DOJ memo: prevent the distribution of marijuana to minors

“Preventing the distribution of marijuana to minors” is the first enforcement priority that is “particularly important to the federal government” according to the August 29 memo from the United States Department of Justice to officials in WA and CO regarding their new marijuana laws. Everyone who has something to say about marijuana policy seems to agree.

What constitutes distribution?
Since, as usual, the devil is in the details, let’s think about what is meant by “distribution”.  Is it only defined as preventing minors from buying marijuana in state-licensed stores?  Does it include the continued distribution from the illicit market since the Liquor Control Board expects that their licensed stores will only serve a fraction of the current marijuana market?  Most importantly, does is include the implementation and enforcement of policies that address how minors currently and will continue to get marijuana: through social distribution?

Since marijuana will be sold only in a limited amount of regulated state-licensed stores (eventually – after the medical and illicit markets are more limited than they are now), similar to how liquor used to be sold in state-run stores, many agree that the majority of youth will not have the ability to buy from pot shops.  The state-run liquor stores had very low rates of selling to minors and virtually no theft.  Tightly regulated marijuana stores should be no different.

Social distribution
The problem is that the vast majority of minors who drink alcohol or use marijuana do not buy these drugs from stores or dispensaries.  They get them socially.  Both are “distributed”  from adults who can buy the drugs from retailers.  Alcohol and marijuana are “distributed” from friends who share it with them.  The drugs are “distributed” from home with or without parental awareness.  As the ease of access increases for adults, including parents, who are willing to provide/distribute marijuana to kids or keep marijuana in the home, more marijuana will be easily available to minors.

A 2006 study indicates that 88% of minors who use marijuana obtained it from a friend or relative; 59% said they get it for free; and 87% of the transactions occurred indoors, not on the street corner.  When it comes to alcohol, only 2% of WA high school sophomores report buying it from a store (2012 Healthy Youth Survey).  The top two ways they report getting alcohol is from friends and from home without parental permission.  Since the new law makes marijuana available like liquor prior to privatization, marijuana likely will be distributed to minors the same way.

Curbing social distribution
The LCB and their proposed rules do not address these distribution points.  Social distribution points need to be dealt with by state and local legislation and local law enforcement.

Here are some examples.

~ To reduce the distribution to youth from parents, a statewide Social Host Law could be enacted by the legislature.

~ To reduce the distribution to youth from adults, local police should institute Shoulder Tap Programs.

~ To reduce the distribution to youth from friends, local police should expand their party patrols*.

These are only a few examples of how the non-commercial distribution of marijuana to minors may be curbed.  Of course, these types of policies only work if they are enforced.  For several years, Seattle Police have made clear that they do not enforce marijuana laws.  And kids increasingly know it.  

If public officials are serious about the DOJ memo and the stated intent of I-502, they need to go beyond the LCB rules and current state law.  They need to take an honest look at how kids get marijuana (and alcohol), institute policies to reduce social distribution, and put resources behind enforcement.  Like preventing underage drinking, preventing underage marijuana use will be an on-going endeavor that won't end with the adoption of I-502 rules.

-------------------------
* Please note that when police cite underage consumers with minor in possession violations, kids are not put in jail.  In Seattle, at least, they are not even brought to the police precinct.  Minor in possession cases are referred to a county diversion program.  No criminal record is established.  In fact, the criminal justice system is one important way that youth who need help with drug problems are linked to the help they need.

Tuesday, September 10, 2013

Liquor & marijuana discussed by WA House Government Accountability & Oversight Committee

The Washington House Government Accountability & Oversight Committee met today and discussed liquor and marijuana issues.

Liquor
Representative Hurst opened the meeting stating that prior to the adoption of Initiative 1183, state-run liquor stores had very low rates of liquor "loss" (theft).  He noted that, right now, many private stores that sell liquor  are reporting very high loss rates.  The problem is worst along the Interstate 5 corridor and is mostly related to organized crime.  Rep. Hurst went on to say that if this loss problem isn't addressed before January that the legislature will have to take action.

Jim Cooper from WASAVP and Thurston County Together! provided testimony.

  • There has been a 5-fold increase in liquor outlets in our state since the adoption of I-1183.  
  • He suggested that the Committee consider mandating retail models that prevent liquor thefts.  
  • He stated that a mandatory Responsible Vendor Program should be established.  
  • Money is needed at the local level to enforce laws related to alcohol and address related problems -- promised funds have not been realized by local jurisdictions.  
  • Finally, he noted that new data about the effect of liquor privatization on youth are soon to be released.  He asked that the Committee not make changes to the system until they review data dealing with youth use, hospitalization, and theft.

Rick Garza from the Liquor Control Board reported that a recent news article reports that the Port Angeles area has seen a significant increase in youth theft of liquor within the last year.  Liquor theft is not just an I-5 corridor and organized crime problem.

Marijuana
Mr. Garza noted that, among many sources of information, the Liquor Control Board looked at the Colorado medical marijuana model, which is highly regulated, when thinking about what the WA recreational marijuana model should look like.  In CO, about 50% of medical marijuana retailers failed within the first few years.  When asked why so many marijuana businesses failed, Randy Simmons from the LCB said that, among other reasons, many of the CO medical marijuana dispensaries were too small to survive.  Market forces favored larger businesses.

When discussing marijuana retail outlets, Mr. Garza noted that the number of proposed outlets is similar to the number of liquor stores prior to I-1183.  For example, prior to I-1183 King County had 60 liquor stores and the LCB plans to license 61 marijuana stores in the county.

Some Committee members expressed concerns about whether the number of stores will be able to meet market demand.  Mr. Garza stated that 24% of the current marijuana market is people who are under the age of 21 and that the LCB's plans for marijuana retailers do not include serving this part of the market.

The LCB plans to spend time in all marijuana businesses to gain compliance with I-502 rules.  It was suggested that it will be up to local law enforcement to address other related problems.

Concerns expressed by Committee members included:

  • targeting youth in advertising;
  • banking;
  • large amounts of cash in businesses and the possibility of armed robberies;
  • firearms on premises of marijuana businesses;
  • not enough information about prevention, education, and treatment; 
  • marijuana business interests expecting that they can change the initiative  in two years;
  • the development of Big Marijuana;
  • who will get business licenses.

Jim Cooper testified that:

  • The alcohol and tobacco systems do a poor job keeping the substances out of the hands of kids.  
  • Prevention, intervention, and treatment services and programs have been decimated by the economy.  
  • The success of I-502 should be declared only if not one more kid starts using marijuana.  
  • Prevention and education funding needs to be put in place now.  
  • A ban on commercial advertising of marijuana should be put in place.  
  • Public smoking laws need to be enforced.
  • The medical marijuana law should be repealed or medical marijuana should only be available through pharmacies.   

Medical marijuana & recreational marijuana systems
Rep. Hurst expressed skepticism about the medical marijuana market and its ability to function with I-502 in place.  While some people may be accessing medical marijuana for health reasons, the vast majority use it for recreational purposes.  

When working on the Legislature's budget proviso about the medical and recreational marijuana systems, Rick Garza reported that the Department of Health will deal with health-related items, including age requirements, while the Liquor Control Board will deal with the business side of things.

A representative from the Washington State Department of Health noted that there is "not much" regulation of medical marijuana in our state.  She also reported:

  • "Intractable pain" is the most common reason for medical marijuana authorizations in Washington.  
  • None of the dispensaries today are legal under state and federal law.  
  • The DOH has no regulatory ability to shut down illegal dispensaries.  The Department or Revenue, the Liquor Control Board, and the federal government do have the authority.  


Rep. Condatta asked that the DOH address prescription drug abuse as well as marijuana abuse.  The DOH representative listed several initiatives they have implemented to address the issue.

The representative from Department of Revenue closed the meeting stating that they have not taken any targeted action against medical marijuana businesses but are gearing up for actions in the future.

Marijuana-infused foods: how much is one serving?

On Saturday, the Seattle PI's Pot Blog published a story entitled, "The kinds of things you might eat from state pot stores".  It includes photos of candies, baked goods, and soft drinks that are infused with marijuana.  Below are a few examples.

Cake pops
Photo by: JORDAN STEAD / SEATTLEPI.COM

Twinkies knockoff
Photo by: JORDAN STEAD / SEATTLEPI.COM

Strawberry lemonade
Photo by: JORDAN STEAD / SEATTLEPI.COM
Doses & serving sizes 
The labels on the cake pops indicate that they contain 111 milligrams of THC and 2-4 doses.  (THC is the mind-altering chemical in marijuana.)  The PI article explains the dosage information for edible medical marijuana products:


" . . . typically, a dose is equal to a high. So, a 2-4 dose edible should get a light-user of marijuana “high” four times (split the food into quarters). An experienced user with a built up tolerance might get high twice from it – eat half for one high and the other half for the second."

"Also, the rule of thumb is that no matter how much you start with (go slow), you need to wait for 90 minutes or (if you don’t feel anything in that time) longer to see what effects that portion will have on you."

For the emerging recreational marijuana market, the Liquor Control Board defines a single serving of a marijuana-infused product as equaling ten milligrams active THC, or Delta 9.  That means that one of the cake pops shown above, with 111 milligrams of THC, would contain about 11 servings if sold as recreational marijuana.

Friday, September 6, 2013

Public hearing schedule for I-502 proposed rules


The Washington State Liquor Control Board will hold public hearings/special meetings regarding the proposed rules for Initiative 502 implementation. The hearings are a required part of the rulemaking process and provide an opportunity for stakeholders to offer public testimony on the proposed rules for I-502.

October 8:        Seattle City Hall
Bertha Knight Landes Room
600 4th Avenue
Seattle, WA 98104
6:00 p.m. – 9:00 p.m.

October 9:        Spokane Convention Center
334 West Spokane Falls Blvd
Spokane, WA  99201
6:00 p.m. – 9:00 p.m.

Wednesday, September 4, 2013

Liquor Control Board seeks comments on revised proposed rules for WA marijuana system


The Washington State Liquor Control Board (LCB) today approved the filing of proposed supplemental rules that, if ultimately enacted, will help govern Washington State’s system of producing, processing and retailing recreational marijuana. The LCB earlier this summer filed proposed rules on July 3, 2013. The Board chose to revise and re-file its rules after receiving public input at five public hearings across Washington.

The LCB would like your input on the proposed rules to implement Initiative 502.  Please forward your initial comments to the LCB by October 4, 2013.  Send comments to:

Rules Coordinator
Liquor Control Board
P.O. Box 43080
Olympia, WA 98504-3080


Public hearing will be held on October 8 and 9 with details to be posted to their website: www.liq.wa.gov.