Marijuana edibles in WA

The Liquor Control Board (LCB) recently proposed new rules to govern what types of marijuana-infused foods they will allow to be made (processed) and sold as part of Washington’s recreational marijuana system.  The LCB does not regulate the medical marijuana market so these rules only apply to the recreational (I-502) market. 

The LCB is now seeking public comments about their proposed rules.  Comments are due by December 3 and a public hearing will be held that day.  

To learn more about medical and recreational marijuana-infused foods, watch the story KCTS recently broadcast about these growing markets.

"Buddy the Bear" advertises marijuana

From KING 5:

Buddy is a guy in a green bear suit, reminiscent of artwork associated with The Grateful Dead. He waves to people heading in and out of town while wearing a sandwich board advertising the dispensary's "discreet delivery."  The service bills itself as an answer for patients who aren’t comfortable walking into a marked dispensary.

Beavers (the dispensary owner) says her business is no different than Dominos Pizza, and she should be able to advertise the same way.

"Advertising is extremely important. Word of mouth will only get you so far in this business," she said.

Beavers concedes her dancing bear may appeal to children, but that’s not the intent.

Kid-friendly marijuana strains

According to the Huffington Post:

Owners of brands geared toward children of all ages are battling to keep notable names like Thin Mint, Tootsie Roll and Cinnamon Toast Crunch off the flavored nicotine used in electronic cigarettes.

Now the owners of those trademarks are fighting back to make sure their brands aren't being used to sell an addictive drug or make it appealing to to children.

"Using the Thin Mint name — which is synonymous with Girl Scouts and everything we do to enrich the lives of girls — to market e-cigarettes to youth is deceitful and shameless," Girl Scouts spokeswoman Kelly Parisi said in a statement.

The recent attention e-cigarettes have gained can be used to inform the emerging marijuana market.  For instance, the name “Thin Mint” is also used for a strain of marijuana that apparently tastes similar to the Girl Scout cookies.  Below is a medical marijuana ad that not only promotes Thin Mint marijuana but uses a cartoon character and offers a "free Capn Cosmics medible for first time patients."

How to reconcile two legal marijuana systems

Recreational marijuana goes on sale legally in Washington this summer.  During this year's legislative session, state lawmakers failed to agree on how to reconcile the state’s unregulated medical market with its regulated recreational market.  Hear what Senator Jeanne Kohl-Welles and others have to say about it in the April 4 edition of City Inside/Out.

WA Court of Appeals: Local ordinances can ban medical marijuana gardens

Earlier this week, the Washington State Court of Appeals affirmed the City of Kent’s authority to prohibit medical marijuana collective gardens from operating in the city.

After Kent adopted an ordinance prohibiting collective gardens throughout the city, challengers sued, arguing that state medical marijuana legislation permitted collective gardens throughout the state, thus Kent could not exclude collective gardens from its zoning districts.

This week, the court of appeals affirmed a lower court decision and found that statute does not legalize the use of medical marijuana.  Therefore, medical marijuana use, including the establishment of collective gardens, was not legalized. In its decision, the court wrote, “ . . . collective gardens are not legal activity. The Ordinance, by prohibiting collective gardens, prohibits an activity that constitutes an offense under state law. As it prohibits an activity that is also prohibited under state law, the Ordinance does not conflict with the MUCA” (Medical Use of Cannabis Act).

Medical & recreational marijuana systems to continue to compete for marketshare

Last week, the Washington State Legislature failed to pass a bill that would have merged the medical and recreational marijuana systems in our state.  Without this bill, the two marijuana systems stay as they are -- one regulated with a minimum legal age of 21 for possession and use and one unregulated with no minimum legal age for possession and use.

KUOW interviewed United States Attorney Jenny Durkan about the issue.  She noted that medical marijuana entities are currently operating outside of a regulatory system and that dispensaries are illegal not only under federal law but under Washington's own law.  She referred to recent media stories about a Seattle high school reporting an increase in the number of students, especially younger students, attending school under the influence of marijuana and stated that this "is not an accident".  Current state marijuana policy negatively affects teenagers.

During KUOW's interview with Mark Kleiman, "Former pot 'czar': Washington's taking wrong approach to regulating pot", they discuss the likelihood that  recreational marijuana businesses will not be able to compete against medical marijuana businesses.  Dr. Kleiman is concerned that if few current users switch from medical marijuana retailers to recreational marijuana retailers to get their pot, less tax revenue will be generated and less money will be funneled to teen drug abuse prevention.

Legislature listens to testimony about medical marijuana bill

Today, the House Health Care and Wellness Committee discussed House Bill 2149 regarding medical marijuana.  The bill would:

~ Reduce the amount of marijuana a user or designated provider could possess from 24 ounces to 3 ounces.

~ Reduce the number of marijuana plants a user or designated provider may possess to 3 flowering and 3 non-flowering plants.

~ Eliminate collective gardens.

~ Require users and designated providers to obtain a medical marijuana card from the Department of Health.

Lively discussion may be viewed online in the video linked below.

Public forums & uncivil behavior

Over the past year, those of us working in the youth substance abuse prevention field have been asked repeatedly, "Where was the voice of prevention?" during the I-502 debate.  "Where are they now?"

There are several responses to this question.  One is that there are not that many of us specifically in the field of substance abuse prevention.  Most of us who are working to prevent youth substance use are direct service providers and do not feel comfortable with policy work.  In addition, most of us receive federal funding, precluding us from activities that may be construed as "lobbying".

What happened during a recent medical marijuana hearing conducted by the Liquor Control Board in Lacey provides another example of why people concerned with youth substance use don't voice concerns publicly.

Guy in crowd at MMJ hearing gives finger to speaker from drug-abuse prevention group. Another fine moment for MMJ movement.
— Bob Young (@PotReporter) November 14, 2013

The person who was on the receiving end of the bird flip was a WASAVP board member.  After making her comments she felt so unsafe in the raucous crowd that two colleagues escorted her out of the auditorium and to her car.  They were pushed and shoved along the way.

Another WASAVP board member reported, "The noise level where I was sitting was such that it was hurting my ear.  I left out of self preservation.  [A colleague] sitting next to me didn't feel safe, so she left about a half hour before I did."  

(Thank you to Bob Young for publicly calling out the uncivil behavior.)

Medical marijuana comments due November 8

Last week, the Liquor Control Board, in collaboration with the WA Department of Health and the WA Department of Revenue, released draft recommendations to submit to the legislature regarding the interaction of the two legal marijuana systems in our state -- medical and recreational.  Below are a few of the recommendations.

Age limits
~ Adults 18 to 20 years old should be allowed access to medical marijuana with proper authorization from a health care professional.

~ Children 17 years old or younger should be allowed access to medical marijuana with parent or guardian consent to authorization.  The parent or guardian should participate in the child's treatment.

~ Authorizing health care professionals should be required to engage in frequent re-examination and follow-up with a child patient and communication with the parent or guardian. 

~ The child's parent or guardian should be required to act as the child's designated provider and be entered in the registry as such.

~ The parent or guardian should have sole control over the child's medical marijuana.  The child should be allowed to posses no more medical marijuana than necessary for his or her next dose. 

~ Medical marijuana consumed in a school setting should be held and administered by school personnel in the same manner as any other medication.  Consistent with current law, schools should not be compelled to accommodate on-site use of medical marijuana on school grounds or school buses.  

~ Medical marijuana products should be prohibited from being labeled in a manner that mimics candy, soda or other treats attractive to kids.

Other recommendations include:
~ Establish a registry for patients and designated providers.
~ Better define "debilitating" and "intractable" pain.
~ Tight regulations on healthcare providers that authorize the use of medical marijuana.
~ Eliminate collective gardens.
~ Reduce amount of medical marijuana a person may possess.
~ Tight regulations on marketing.
~ Sell all marijuana in state-licensed (I-502) stores.
~ Exempt medical marijuana users from sales taxes.

Submit comments!
Read the drafted recommendations and share them with community members.  Educate your state legislators about your concerns.  Let the Liquor Control Board know what you think. Comments about the draft recommendations may be email to: medicalmarijuana@liq.wa.gov through November 8.  Final recommendations are expected to be released in December.

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.

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.

Reconciling WA medical and recreational marijuana markets

The Washington State budget that was approved this week includes a proviso about reconciling the recreational  marijuana marketplace with the medical marijuana system.  It states (on page 32): 

The liquor control board must work with the department of health and the department of revenue to develop recommendations for the legislature regarding the interaction of medical marijuana regulations and the provisions of Initiative Measure No. 502.  At a minimum, the recommendations must include provisions addressing the following:

(i) Age limits; 
(ii) Authorizing requirements for medical marijuana;
(iii) Regulations regarding health care professionals;
(iv) Collective gardens;
(v) Possession amounts;
(vi) Location requirements;
(vii) Requirements for medical marijuana producing, processing, and retail licensing;
(viii) Taxation of medical marijuana in relation to recreational marijuana; and
(ix) The state agency that should be the regulatory body for medical cannabis.

The board must submit its recommendations to the appropriate committees of the legislature by January 1, 2014.

Same but different

What is the difference between these two plants?

 The one on the left is a "recreational" marijuana plant. 

The one on the right is a "medical" marijuana plant. 

The one on the left can only be grown by businesses licensed by the Liquor Control Board, starting in December.

Individuals with medical marijuana authorizations from healthcare providers currently can grow up to 15 of the ones on the right.  Individuals authorized to use the one on the right can join together with others who are authorized and grow many of these plants as a collective garden without a license.

Products made from the one on the left, such as smokeable marijuana, marijuana-infused foods, and marijuana-infused beverages, will be sold in state-licensed stores after December.

Products made from the one on the right, such as smokeable marijuana, marijuana-infused foods, and marijuana-infused beverages, are currently sold in collective garden access points (commonly known as dispensaries) in the City of Seattle and other jurisdictions.

The plant on the left cannot be grown in homes and personal gardens.

The plant on the right can be grown in homes and personal gardens. 

The plant on the left is for people aged 21 and older.

The plant on the right is for anyone. 

Senate Health Care Committee conducts work session about marijuana policy

On February 4, the Washington Senate Health Care Committee held a work session about I-502 and medical marijuana. 

At the very beginning of the work session, Rick Garza and other staff from the Liquor Control Board and Alison Holcomb from the ACLU provided an overview of I-502.  Senator Keiser asked questions about preventing underage marijuana use. 

The Committee then heard testimony about:

• SJM 8000: Requesting that the Drug Enforcement Administration reclassify medical marijuana as a Schedule II drug.
• SB 5528: Concerning the medical use of cannabis.

U.S. Appeals Court: More medical evidence needed to reclassify marijuana

A U.S. Appeals Court this week refused to overrule the Drug Enforcement Administration’s (DEA) classification of marijuana as a dangerous drug with no accepted medical uses.

A marijuana advocacy group had sued the government, arguing the DEA had a duty to reexamine the medical evidence, and to reclassify marijuana as a drug with benefits for those suffering and in pain.

The three judges on the court deferred to the judgment of federal health experts, who said they required more evidence before they could reclassify the drug. “To establish accepted medical use, the effectiveness of a drug must be established in well-controlled, well-designed, well-conducted and well-documented scientific studies [with] a large number of patients. To date, such studies have not been performed,” according to a DEA document that was quoted in the court decision.

Judge Harry Edwards wrote the judges did not dispute that “marijuana could have some medical benefits,” but added they were not willing to overrule the DEA because they had not seen large “well-controlled studies” that proved the medical benefits of marijuana.

Marijuana snow cones?

A few days ago, I wrote about I-502 opening the door for the development of a marijuana-infused food industry in our state.  Such businesses already exist for medical marijuana.

A reporter from KPLU recently attended the "Medical Cannabis Cup" in Seattle and wrote about the marijuana-infused food that was offered in the "outdoor medicating section".  Cotton candy and snow cones were among the medications.  Here is a photo published with KPLU's story:

Credit Ashley Gross / KPLU

Snow cones were just one of the options for ingesting marijuana at the Medical Cannabis Cup

Another medical association concerned about the effect of marijuana on youth

While the American Academy of Child and Adolescent Psychiatry's recent statement is about medical marijuana, not marijuana legalization, some of the information it contains can inform the legalization debate.

The American Academy of Child and Adolescent Psychiatry (AACAP) is concerned about the negative impact of medical marijuana on youth.  Adolescents are especially vulnerable to the many adverse developmental, cognitive, medical, psychiatric, and addictive effects of marijuana.  Of particular concern to our field, adolescent marijuana users are more likely than adult users to develop marijuana dependence, and their heavy use is associated with increased incidence and worsened course of psychotic, mood, and anxiety disorders.  Furthermore, marijuana's deleterious effects on cognition and brain development during adolescence may have lasting implications.

The "medicalization" of smoked marijuana has distorted the perception of the known risks and purported benefits of this drug. Since certain states began permitting dispensing of medical marijuana, adolescents' perceptions of the harmful effects of marijuana have decreased and marijuana use has increased significantly.  There is also emerging evidence that adolescents are accessing medical marijuana for recreational use.  Therefore AACAP urges more scientific evaluation and a risk:benefit analysis by interdisciplinary experts to determine whether there is any medical indication for marijuana dispensing given the potential harm to adolescents.

In summary:

• Adolescents are especially vulnerable to adverse consequences of marijuana use.
• Medical marijuana dispensing is associated with reduced perception of marijuana-related risks and increased rates of marijuana use among adolescents.
• AACAP thus opposes medical marijuana dispensing to adolescents. 

2012 legislative priorities

WASAVP's 2012 legislative priorities were posted earlier this month.  Below is more information about these priorities. 

1) Prevent liquor privatization and further deregulation. 
Evidence from multiple studies indicates that the more stringent the regulations in a community, particularly the ones affecting availability and marketing, the lower the prevalence and frequency of adolescent alcohol consumption and the higher the age of first use.

While Washington State voters recently approved Initiative 1183 to privatize the sale of liquor and to remove important price regulations, there are still ways that the Liquor Control Board (LCB) can regulate alcohol to reduce access among adolescents. WASAVP will work with the LCB and the state legislature to ensure that regulations are instituted to protect public safety, especially the safety of the children in our state. 

2) Support designation of all ATOD (alcohol, tobacco and other drugs) fees and taxes going towards enforcement, prevention and treatment in communities, not into the general fund. 
Evidence-based prevention, treatment, and enforcement of drug laws have proven to reduce underage drinking and drug use in communities. However, largely due to recent government budget reductions, many of these evidence-based practices have been eliminated.

At the same time, major changes to our state's drug and alcohol policies, which are proven methods for preventing substance abuse, have been eliminated or significantly changed. These changes have created an environment where youth may have more access to drugs and alcohol, resulting in harms such as increased driving under the influence, assaults, and barriers to learning.

WASAVP supports the designation of ATOD fees and taxes going towards enforcement, prevention and treatment as a way to mitigate the harms created by dismantling these systems and to reinstate funding for successful prevention activities.

3) Reclassify medical marijuana so that it may be regulated and sold in pharmacies like other prescription medications.
In 1998, Washington State voters approved the use of marijuana for certain medicinal purposes. While many prevention advocates do not agree with this legislation, it is law in Washington and WASAVP is committed to working towards preventing youth access to marijuana.

Currently, the regulation of medicinal marijuana is inadequate. Different communities have different laws and regulations concerning medicinal marijuana. In the communities where dispensaries are allowed to operate as businesses, there is little, if any, regulation of them. Like alcohol and prescription drugs, medicinal marijuana needs to be highly regulated to prevent youth access.

WASAVP supports the reclassification of marijuana so that it will be regulated like any other prescription medication and allowed to only be sold in pharmacies. Doing so will create a barrier to youth access.

4) Oppose state and federal budget cuts to community and school-based prevention programs.
Over the past few years, communities and schools have been hit hard by reductions in funding for evidence-based youth substance abuse and violence prevention programs. Evidence-based prevention programs are an important component of creating and sustaining safe and healthy communities. WASAVP opposes further cuts to prevention programs that reach all students and that support healthy youth development in communities.

Monitoring: WASAVP members identified the following issues to monitor during the 2012 legislative session.

• Healthy Youth Survey sustainability

• Prescription drug take-back program funded by pharmaceutical companies

• Marijuana legalization

• Social and emotional performance measures on the K-12 school report card

• School safety policy and funding

• School dropout prevention, intervention and re-engagement policy and funding

• Bullying prevention policy and funding

• Suicide prevention policy and funding

• Funding for school-based prevention-intervention specialists

• Statewide social host law