Liquor Control Board to adopt rules to include marijuana concentrates

Earlier this week, the Liquor Control Board adopted a Revised Interim Policy on Recreational Marijuana. This policy is needed to implement ESHB 2304 which was passed during the 2014 legislative session. The interim policy will be in effect until permanent rules are adopted.  The interim policy may be read here.

The law changes the definition of marijuana to include concentrates: 

"Marijuana concentrates” is defined as resin extracted from the Cannabis plant with a high THC concentration, in contrast to “marijuana,” which includes the entire Cannabis plant.  The definition of “marijuana-infused products” is changed to include marijuana or marijuana extracts with between 0.3 percent and 60 percent THC concentration.

Under state law, during one transaction adults can buy: 

• one ounce of usable marijuana (leaf form);
• 16 ounces of marijuana-infused product in solid form (foods including candies); 
• 7 grams of marijuana concentrates (oils, waxes);
• 72 ounces of marijuana-infused product in liquid form (beverages).

What does that look like?

By Greg Farrar, Appearing in Issaquah Press

The picture above is of one ounce of usable marijuana.  Depending on who you ask, an ounce can produce 30 to 50 joints.

Analytics 360 is a state-licensed cannabis testing lab.  Their website contains test results for marijuana products that include photos.  The above photos is of a caramel which is listed as weighing 17 grams, about 0.6 ounces.  This particular caramel seems to contain 8 servings according to the Liquor Control Board's definition of serving size.

The orange soda analyzed by Analytics 360 is in a 12 ounce bottle.  It appears to contain 3-4 servings according to Liquor Control Board rules.  

The above concentrates are advertised on a Seattle marijuana dispensary's website and are listed as weighing 0.5 grams each.  Concentrates are highly potent and they are used for "dabbing" because "a dab will do ya."  

"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.

Throwback Thursday: "Medical alcohol" edition

From the History Channel:

When Prohibition dawned, many doctors continued to prescribe alcohol for anemia, tuberculosis, pneumonia, and high blood pressure, among other disorders.  The new law required them to use special prescription pads issued by the U.S. Treasury Department . . . 

Medical alcohol prescription pad from the 1920's from the History Channel

From the Puget Sound Business Journal: 

In Seattle, the parallels between modern-day medicinal marijuana and medicinal alcohol of 100 years ago are remarkable. Consider that the number of medical marijuana dispensaries in the city increased to 274 in May 2013, up from 63 in September 2011. During the first three months of 1916, when the only place one could legally buy liquor in Washington was at a pharmacy, 65 new drugstores opened in Seattle, according to a master’s thesis cited by HistoryLink.

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."

Throwback Thursday: "Alcopops are for adults" edition

In 1999, Smirnoff Ice was introduced and the company that makes these alcopops dismissed public health claims that their fruit-flavored products targeted minors.  Despite ads appearing in media with large youth audiences.

Image from the
Center for Alcohol Marketing and Youth

Marijuana is not popular

The idea that marijuana is “popular” and use is “prolific” pops up in many news articles lately.  Just this past weekend, the New York Times Magazine included an article, “The Bud Light-ification of Bud”, that in the beginning states, “. . . marijuana’s popularity as a consumer product: 38 percent of Americans admit to having tried it, and 7 percent use it on a regular basis."

Wait, what?  Since when does 7% equal “popular”? 

Let’s see how it compares to other “popular” substances. 

• Two-thirds of American adults drink alcohol.  Now that’s popular.
• Tobacco, with 18% of American adults smoking, is more popular than marijuana. 

Yet, a few times in the article, and in other news stories about marijuana, it is called popular.

In our state, data readily indicate that marijuana use is not “popular".  According to research about the marijuana market, about 10% of Washingtonians 12 years old and older used marijuana within the past month.

Source: RAND Drug Policy Research Center, 2013

  

Even in King County, less than 10% of people 12 and older currently use marijuana. Among 10th grade students, 16% in King County and 23% in Seattle report current marijuana use according to the Healthy Youth Survey.   

The perception that marijuana use is “popular" or normal among adults and teenagers is a barrier to youth marijuana use prevention.  According to local researchers, perceived peer and adult norms favorable to marijuana use contribute to teenage marijuana use.  If teens perceive that adult marijuana use is widespread and socially acceptable (normal), they may view marijuana use as a way to project a desirable adult image.

Throwback Thursday: "Nicotine is not addictive" edition

In 1994, United States Congressman Henry Waxman held hearings about tobacco.  During the April 14, 1994 hearing, the presidents and CEOs of the seven largest American tobacco companies told members of the House Energy and Commerce Subcommittee on Health and the Environment that they did not believe nicotine was addictive.

Vaporizers marketed to teenagers

Example of e-cigarette social media
marketing from "Gateway to Addiction?"
April 2014

From the Prevention Hub:

Even though e-cigarette makers have insisted on not targeting young adults with their products, a new report by a group of U.S. senators seems to have proven them otherwise. The report revealed that the nature of their products and their marketing strategy is likely to be geared towards the younger generation. E-cigarettes are available in a variety of flavours (i.e. Piña Colada, Vivid Vanilla and Cherry Crush) that seem to appeal to youth in particular. As far as their advertising is concerned, they were found to give out free samples at youth events and extensively market their products on social media sites. E-cigarettes continue to cause controversy with some considering them as an aid to quit smoking while others see them as a ‘gateway’ for smoking traditional cigarettes.

Link:  Gateway to Addiction: A Survey of Popular Electronic Cigarette Manufacturers and Targeted Marketing to Youth

Marijuana business owner hopes customers "use common sense" and don't distribute to minors

Earlier this week, one edition of KING 5's New Day Northwest focused on marijuana and several people were interviewed on a variety of related topics.  Here is the segment dealing with marijuana businesses.



When asked about what he will do to ensure that minors don't get marijuana sold at his store, the retail business licensee notes that "unfortunately" he cannot control what customers do once they leave his store but he hopes that they will "use common sense."  After a short laugh he notes that this may be "a hard thing to believe."

In the news: Teens using vaporizers, hash oil

KIRO recently broadcast a few stories about concentrated marijuana products (hash oil) and vaporizing devices used to consume them. 

This first video is about teenagers and vaporizers.



This graphic accompanies a report about recent hash oil related explosions in the Puget Sound:

In the past year, there have been at least six hash-oil related explosions across the Puget Sound area. "Hash oil, for us, it's almost like the next meth lab phenomenon," Seattle Police Sergeant Sean Whitcomb told KIRO 7.

Throwback Thursday: "Cigarettes are safe" edition

From Stanford School of Medicine:

One common technique used by the tobacco industry to reassure a worried public was to incorporate images of physicians in their ads. The none-too-subtle message was that if the doctor, with all of his expertise, chose to smoke a particular brand, then it must be safe.  

This genre of ads regularly appeared in medical journals such as the Journal of the American Medical Association, an organization which for decades collaborated closely with the industry. The big push to document health hazards also did not arrive until later.

The ads in this particular theme are all from a single R. J. Reynolds campaign which ran from 1940 to 1949 and claimed that "More Doctors smoke Camels." 

Local police to incur new costs when enforcing new marijuana law

Despite Liquor Control Board rules prohibiting the delivery of marijuana products to consumers, KING 5 recently profiled an unlicensed recreational marijuana business that is doing exactly that and thriving.



When asked if deliveries are legal, the business owner responds, "What we do is defensible."  The KING 5 reporter states that the rule against delivery is to be enforced by local police, in this case the Seattle Police Department, and that they are taking a "wait and see" approach.  When the law is enforced, local tax dollars will be used to pay for police activities.

Throwback Thursday: "Flawed research" edition

From the History Channel:



On January 11, 1964, Luther Terry issued the first surgeon general's report on smoking and health, linking cigarette smoking with lung cancer, heart disease and emphysema. A broadcast discusses the controversy surrounding the surgeon general's report as the tobacco industry is quick to discount the study's findings.

Liquor Control Board to adopt limits on types of marijuana infused products to be produced

Limits on the types of food or drink that may be produced by marijuana businesses are expected to be adopted by the Liquor Control Board tomorrow.  The proposed language (see 4A Handout 2 from the April 23 Board meeting) states:

"To reduce the risk to pubic health, food defined as potentially hazardous . . . may not be infused with marijuana . . . Any food that requires refrigeration, freezing, or a hot holding unit to keep it safe for human consumption may not be infused with marijuana."

Policies that limit the types of products sold are beneficial for public health.  A recent American Journal of Public Health article notes:

"Both the alcohol and tobacco industry have developed products that are particularly appealing to youths.  Examples include candy and gum cigarettes, alcohol pops, and wine coolers.  It seems valuable to impose restrictions on marijuana products targeting youths similar to those imposed on the alcohol and tobacco industry.  Although it may be impossible to think in advance of every possible product that could appeal to youths, examining current products would be a useful place to start.  The medical marijuana industry already sells THC-infused chocolate bars, peanut butter cups, Rice Krispies treats, hard candies, and lollipops."

Adopting rules that ban the production of marijuana-infused lollipops, Rice Krispies treats, gummy candies, and goldfish-shaped crackers, among other products that resembled foods usually eaten by children, could help decrease the risk to child and adolescent health.

Cuts to substance abuse treatment coincide with cuts to substance use prevention

Earlier this week, a Seattle Times opinion piece describes how  “ . . .Washington’s nationally lauded chemical-dependency treatment community is in critical condition, and it is fading fast.”

“Just this month, a 41-year-old inpatient treatment center in Madrona and a detoxification facility in Everett are closing. Other facilities are teetering on the brink, downsizing, merging or shedding jobs to stay above water. Recovery Centers of King County is losing $20,000 a month on outpatient care.”

“It’s gotten so bad, so quickly, that state regulators are scrambling to ensure some smaller rural counties don’t lose their sole treatment facility. I’ve heard it described as the state’s most serious crisis in chemical-dependency treatment in a generation.”

Toward the end of the article, a treatment provider points out that many of the patients in her detox center (which is closing) are young.  “When she looks around the facility, 'It looks like high school.' Prescription painkillers and heroin are surging, and hook the young. 'They look like babies.'"  Even prior to current cuts in treatment funding, the majority of Medicaid-eligible adolescents who needed substance abuse treatment were not able get the help they needed. 

This is a particularly bad time to lose treatment providers because painkillers and heroin are not the only drugs for which adolescents and young adults seek help.  In fact, marijuana is the primary drug for which adolescents seek treatment and it is about to become much more available throughout the state.   Teen marijuana use rates are expected to increase.   

During the marijuana legalization debate, proponents of I-502 promised increased funding for substance abuse prevention and treatment.  Not only has promised funding not yet materialized, but funding has been cut for both.  In addition to treatment funding cuts, the statewide Community Mobilization Program, a science-based prevention program, was eliminated from the state budget in 2013.  Efforts to get funding back into the state budget failed.  In his opinion piece, Jonathan Martin writes about the state legislature and treatment funding: “Unbelievably, I hardly heard a peep about this in the three-month legislative session, let alone a proposed fix.”  The same can be said about prevention.  Not a peep. 

Regulate nicotine and marijuana products to prevent youth use

An article in the latest edition of the American Journal of Public Health suggests that it is important for pubic health policies for preventing youth marijuana use to be instituted as soon as possible in states like Washington.  Policies should be adopted before an industry with significant lobbying power is fully established.  The article states, “The lesson for marijuana may be to establish authorities’ rights to impose regulations from the outset because of how difficult it can be to expand regulator scope” after an industry is well established. 

The Food and Drug Administration’s recent announcement that they plan to regulate e-cigarettes, devices that vaporize liquid nicotine products, provides a perfect example.  As the Campaign for Tobacco Free Kids notes, “Three years after first announcing plans to do so, the Food and Drug Administration today has finally issued a proposed rule to begin regulating electronic cigarettes, cigars and other tobacco products not currently under its jurisdiction . . . It is inexcusable that it has taken the FDA and the Administration so long to act." 

Barriers to regulation

According to a New York Times article about the FDA’s proposed regulations, “Thursday’s release of the blueprint — which is hundreds of pages long — is sure to set off a frantic lobbying effort in Washington as affected industries try to head off the costliest, most restrictive regulations.”

“Members of the Smoke Free Alternatives Trade Association, one of the e-cigarette industry trade groups, descended on Washington in November, and reported holding nearly 50 meetings with congressional officials to help them “learn more about the negative impact inappropriate regulation could have on this nascent industry,” the group said in a statement.”

“The industry has several trade associations, and a number of them have met with Obama administration officials about the regulations over the past several months, according to public records and industry group statements.”

Before a similar industry is established for marijuana, Washington State regulators would be smart to act now to adopt policies for marijuana based on what has been proven to prevent youth alcohol and tobacco use.  According to the Campaign for Tobacco Free Kids, the delay in e-cigarette regulations "has had serious public health consequences as these unregulated tobacco products have been marketed using tactics and sweet flavors that appeal to kids, and their use has skyrocketed.”

Skyrocketing use of marijuana vaporizers

Just like the use of nicotine vaporizers has skyrocketed among teenagers, the use of marijuana vaporizers has also skyrocketed among teenagers according to state officials. "Right now in Washington, if you are in mid twenties and younger, you prefer hash oils and vaporization as opposed to smoking," said Randy Simmons, Program Director for I-502 for the Washington State Liquor Control Board in a recent KOMO News story.

Regulating e-joints

Among the FDA’s proposed regulations is a ban on selling e-cigarettes to minors, a regulation that the King County Board of Health adopted in 2010.  The sale of marijuana vaporizers to minors could be banned on a statewide level and online.  Like the ban on e-cigarette sales to minors, such a regulation would be one way to reduce the number of minors who try and regularly use what is erroneously seen as a safe way to use marijuana.

Seattle Times calls for marijuana prevention programs

Last week, a Seattle Times editorial stated that teen marijuana use prevention efforts should start now.  "Washington instead is waiting for the spring of marijuana tax revenue to gurgle up and fund prevention efforts. That’s a mistake," the editorial says.

In fact, many substance abuse prevention strategies can be implemented without funding.  As yesterday's post explains, policies supporting public health should be adopted before the new marijuana industry is fully up and running.  Several public health prevention strategies can be put in place by key institutions in our state without prevention-specific funding.

• Local jurisdictions can strictly enforce the ban on public consumption of marijuana.  
• Products attractive to children and teens can be prohibited.
• Statements supporting limits on the number of marijuana stores can be made by public officials.  
• Tighter restrictions on advertising can be adopted.  

The idea that substance abuse prevention is all about implementing school-based programs or mass media campaigns is outdated.  (Though, there is nothing stopping the Seattle Times from forming a private-public partnership and running marijuana prevention ads pro bono right now.)  Yes, those elements of teen drug use prevention are important, but to be most effective they need be part of a comprehensive strategy that addresses the many individual and community factors that contribute to marijuana use among minors.

Public health regulations for marijuana

An article published in the April 17, 2014 edition of the American Journal of Public Health discusses why public health regulations are needed when establishing a legal commercial marijuana system. 

Based on research findings for preventing teen alcohol and tobacco use, the authors suggest implementing the following regulations for an emerging marijuana market:

• Keeping prices artificially high;
• Restricting and carefully monitoring licenses if a state monopoly is not established;
• Limiting the types of products sold;
• Limiting marketing;
• Restricting public consumption. 

Limiting outlet density: public health benefits

The Washington State Liquor Control Board marijuana rules limit the amount of marijuana retailers that may open in communities.  Twenty-one stores will be allowed in Seattle, which is in line with how many liquor stores were in Seattle prior to privatization.  Limiting outlet density is a proven way to reduce underage drinking and other public health harms associated with alcohol.  The article elaborates by stating, “ . . . studies from various disciplines converge in showing a strong positive relationship between alcohol outlet density and alcohol misuses as well as unintentional injuries and crime.  The evidence is so strong that several national and regional health organizations . . . have included recommendations related to licensing restrictions in prevention plans.”

Limiting outlet density: Saving tax dollars

The article goes on to say, “Keeping the number of licenses small also helps control the cost of regulating these new businesses and enforcing compliance (because there are fewer entities to oversee).  Fewer licenses make it easier for the government to keep close records on each licensee, making it easier to discover anomalies in their books that could indicate diversion to underground markets.”

Limiting products sold

Since it is difficult to expand regulations once a market is fully established, the authors suggest that products attractive to youth be strictly limited from the get-go.  “If governments wait to try to impose such product restrictions or leave the industry to regulate itself, the outcome could be problematic, as profit motive will likely dominate decisions rather than consumer safety.”  Both the alcohol and tobacco industries make products that are attractive to youth including sweet-flavored cigarettes, nicotine products, and alcohol.   Currently, marijuana rules in our state do not ban sweet-flavored or other products that may be attractive to youth. 

Restricting public consumption

The authors promote limiting public consumption of marijuana based on studies about youth tobacco use and restrictions on public tobacco use.  “ . . . Clean indoor air laws targeting public places that youths tend to congregate . . . are associated with reduced initiation and self-reported use of cigarettes among children and adolescents.  Even broad workplace clean indoor air laws . . . have been shown to influence the smoking behaviors of youths by influencing antismoking norms.”  While the use of marijuana “in view of the public” is against Washington State law, it remains to be seen how the law is interpreted by local jurisdictions and enforced.  In Seattle, public use of marijuana results in a verbal warning for the first violation and a $27 fine after that. 

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).

Reducing drug-related court filings

From the Partnership blog:

Soon after Attorney General Eric Holder began making changes to drug laws, the number of drug defendants charged by the federal government dropped in January to its lowest monthly level in almost 14 years, according to a new report.

The report, by Syracuse University, found there were 1,487 new drug prosecutions in January 2014, down 7.8 percent from December, and down 11.5 percent from January 2013. “The number observed during the most recent six month period appears to be the lowest seen since the end of the Reagan Administration,” the researchers noted.

Holder recently launched a “Smart on Crime” initiative.  The initiative’s goals are: 

1. To ensure finite resources are devoted to the most important law enforcement priorities;
2. To promote fairer enforcement of the laws and alleviate the disparate impacts of the criminal justice system;
3. To ensure just punishments for low-level, non-violent convictions;
4. To bolster prevention and reentry efforts to deter crime and reduce recidivism;
5. To strengthen protections for vulnerable populations.

 According to the Partnership blog: Last week, Holder testified before the United States Sentencing Commission in favor of changing federal guidelines to reduce the average sentence for drug dealers.

This information was released at around the same time that the WA ACLU reported that state court filings for marijuana possession dropped since the adoption of I-502.  If this has a long-term affect on freeing up law enforcement time is yet to be seen according to a Seattle Times article.

Before I-502 was adopted in our state, Seattle had already reduced the number of people who were arrested for marijuana possession.  In 2010, when former Seattle Mayor McGinn was asked about marijuana-related arrests, this was his reply:

Most police contacts involving marijuana occur because of an unrelated offense. For example, of the incident reports filed between January 1st and April 30th of this year, there were only eighty that cited possession of marijuana. Of these:

• 17 (21.3%) involved 911 calls for service. 7 were for narcotics complaints, meaning someone called 911 about drug-related activity and that drug turned out to be marijuana. 10 of those were dispatched calls for non-narcotics complaints like fighting, trespassing, or someone behaving erratically and blocking traffic and marijuana was discovered subsequent to the arrest. While enforcing marijuana laws is our lowest priority, responding to our community is our highest priority. 14 (17.5%) involved the serving of warrants. That is, officers encountered someone with an outstanding warrant, searched that individual, and discovered marijuana.

• 20 (25%) involved a traffic stop. Even under the most liberal legalization proposals, driving under the influence of marijuana would remain illegal, so when an officer stops a vehicle and smells pot, a search is clearly justified.

• 12 (15%) involved a High Drug Enforcement Area. These are areas of our city which see a high volume of drug trafficking, and have been targeted for heavy drug enforcement. When a cop sees a hand-to-hand sale, it’s not always obvious what drug was sold until they make the stop. Additionally, street-level dealers of heroin or cocaine often deal marijuana as well. Thus, marijuana shows up in the incident report.

• If you remove those four factors, you are left with 21 of the 80 incidents. Of the 21, all but six were incidents in which the officer stopped the suspect for a reason other than marijuana, and discovered marijuana incident to the arrest. Those six remaining incidents all involved individuals openly smoking marijuana in front of a police officer.

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.

Marijuana consumption increased from 2006 to 2010

The use of cocaine dropped sharply across the United States from 2006 to 2010, while the amount of marijuana consumed increased significantly during the same period, according to a new report.

Studying illegal drug use nationally from 2000 to 2010, researchers found the amount of marijuana consumed by Americans increased by more than 30 percent from 2006 to 2010, while cocaine consumption fell by about half.

The surge in marijuana use appears to be related to an increase in the number of people who reported using the drug on a daily or near-daily basis.

Source: Brief - How big is the U.S. market for illegal drugs?

If observations about the illegal marijuana market are to inform what to expect from the legal marijuana market, most business profits and state tax revenue likely will come from people who are high several times per week.  

Liquor privatization & marijuana legalization: The impact of policy change on youth

This morning, the WA House Early Learning & Human Services Committee held a work session about youth access to alcohol and marijuana since the adoption of Initiative 1183 (liquor privatization) and Initiative 502 (marijuana legalization.)



Data collected by the Division of Behavioral Health and Recovery (DBHR) indicate that since the adoption of I-1183:

• Pro-alcohol attitudes among youth increased significantly;
• Perceived access to alcohol among youth increased;
• Emergency department visits for alcohol-related conditions significantly increased among minors;
• In King County during the first 16 months post-privatization, emergency departments reported an estimated additional 5,500 visits for alcohol-related conditions; 
• Our state has more than 1,000 new places to buy liquor;
• Theft of liquor, including theft by minors, increased.   

Though not enough time has passed since the adoption of I-502 to be able to analyze long-term effects, early data indicate that youth perceptions of risk associated with marijuana use significantly declined.  With retail stores scheduled to open this year, researchers expect increased availability of marijuana among minors.

The report from DBHR was followed by compelling testimony from people working with youth in local communities about what they see happening.

Dr. Volkow talks about marijuana

Hear a fascinating presentation by Dr. Nora Volkow, Director of the National Institute on Drug Abuse, about the effects of marijuana use on the brain, body and behavior. Dr. Volkow's remarks were given on Feb. 4th at CADCA's 24th National Leadership Forum.

HB 2706 would reduce penalties for supplying marijuana to teens

On Monday, the Washington House Government Accountability and Oversight Committee heard testimony about substitute Bill 2706 which would reduce penalties faced by minors in possession of marijuana and reduce penalties faced by adults who supply marijuana to minors.  The hearing may be viewed online.

Drug laws discussed on The Impact

Earlier this week, TVW's The Impact took a look at state bills dealing with medical marijuana, drug penalties, and smoking in cars with kids.  WASAVP Prevention Policy Day is mentioned.

Local governments can ban marijuana businesses says the Attorney General

Today, Bob Ferguson, the Washington State Attorney General, released an opinion stating that local governments can ban marijuana businesses from their jurisdictions.

In the fall the Washington State Liquor Control Board sent a letter to the Attorney General asking the following two questions:

1. Are local governments preempted by state law from banning the location of a Washington State Liquor Control Board licensed marijuana producer, processor, or retailer within their jurisdiction?

2. May a local government establish land use regulations (in excess of the Initiative 502 buffer and other Liquor Control Board requirements) or business license requirements in a fashion that makes it impractical for a licensed marijuana business to locate within their jurisdiction?

The short answers are:

1. No.  Under Washington law, there is a strong presumption against finding that state law preempts local ordinances.  Although Initiative 502 (I-502) establishes a licensing and regulatory system for marijuana producers, processors, and retailers in Washington State, it includes no clear indication that it was intended to preempt local authority to regulate such businesses.  We therefore conclude that I-502 left in place the normal powers of local governments to regulate within their jurisdictions.

2.  Yes.  Local governments have broad authority to regulate within their jurisdictions, and nothing in I-502 limits the authority with respect to marijuana businesses.

The Attorney General's news release and full statement are available online.  The WASAVP Marijuana Policy Toolkit includes links to many of the moratoria and bans on marijuana businesses that local jurisdictions have instituted.

A few members of the Washington State Legislature were ready for this.  House Bill 2322 would prohibit local governments from taking actions preventing or impeding the establishment of marijuana businesses in their jurisdictions.

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.

Legislature considering bill to reduce drug possession penalties

The 2014 legislative session is off and running with hearings having to do with substance abuse and violence already taking place.

Yesterday, the House Public Safety Committee discussed House Bill 2116 that would reduce penalties for possessing controlled substances.  Discussion starts at about 1:04 in the video linked below.

Understanding the current marijuana market

The RAND Drug Policy Research Center released a report this week about our state's current marijuana market.  Most of the media attention about the report focuses on the findings that pot consumption among Washingtonians is higher than previously thought.  Other findings include:

Adult & Youth Access: The primary way that adults and youth who use marijuana get marijuana is through friends.  Friends provide marijuana to adults for free and for purchase -- about 80% of adults who purchase marijuana get it from friends.  Sixty-eight percent of Seattle high school students who use marijuana report getting it from a friend and 38% report consuming marijuana that came from a dispensary.

Use Rates: Washington past month marijuana use rates rose by about 40% between 2008 and 2011 while use rates increased by about 10% nationally during that time.  People who grow marijuana consume "considerably greater" amounts of the drug than others.  Three counties -- King, Snohomish, and Pierce -- account for half of all marijuana consumers in the state.

Potency: Low-potency marijuana that was the norm prior to 2000 accounts for a small share of the current marijuana market in Washington.  It is likely that the marijuana used in our state is more potent than marijuana used in other states. Forty percent of past month marijuana users and 52% of heavy users report consuming/"dabbing" concentrates (hash oils) with very high THC levels.

Interaction with Tobacco & Alcohol: "Heavy" marijuana users (those who use 21-30 days per month) smoke tobacco at higher rates than non-heavy users.  Alcohol use among marijuana users is more prevalent than among the general population.  Alcohol use seems to increase with the amount of marijuana consumed.

Exports: Our state produces a great deal of marijuana for export to other states.

The Green Rush

From WASAVP President Derek Franklin:

The Green Rush is here. Potrepeneurs are aligning business plans, securing funding, and staking their claims with the Liquor Control Board. Hurry, the window to get in on the world's first commercial marijuana market closes soon.

News that the Evergreen State is playing chicken with the Controlled Substances Act and getting into the pot business is drawing prospectors to Seattle like the Klondike Gold Rush did in1896. However, unlike Facebook’s IPO, there is little worry about missing the mother lode—marijuana is joining an elite group of addictive commodities that benefit from legal protection. Pot dealers, if you follow 502’s rules, the WA Attorney General has your back.

Like gold prospectors before them, old pot growers from Northern California's "Green Triangle," and new MBAs alike, are buying supplies and staking their claim. This time, however, they are snatching up grow lights, surveillance cameras, fertilizer, and butane for hash oil extraction. Dreams abound of securing one of 334 retail licenses in one of Washington's fertile communities--each with rich deposits of new consumers.

Artifacts found on Seattle's Underground Tour remind us of the Yukon Gold Rush and how the City supplied the hopes of thousands on their way to Alaska's rivers. Now, once again, Seattle finds itself at ground zero of a boom heard worldwide. What lessons can history teach this time around?

In the Klondike, only a few found gold and the bulk of the money was made by corporate interests buying and selling claims while ignoring damage to individual lives and native communities. In Washington's commercial marijuana marketplace, mass media advertising will be allowed as it was for tobacco decades ago. There are no limits on the amount a retail pot shop can sell in a day, starting a supply chain for the rest of the country. The stage is again set for corporate "Big Marijuana" to swallow profits and avoid social responsibility.

Alcohol and tobacco warn us that legal marijuana will likely cost Washingtonians ten times more than it earns in taxes and fees. Hidden social expenses will include medical, enforcement of new DUI laws, workplace productivity, school under-performance, and drug treatment—all going to the taxpayer’s tab. Already, DUI-marijuana is up 50% for the first half of 2013 and one quarter of that number represents those under 21.  Drug interdiction experts report cartels are not leaving as promised. Instead, they are adapting by moving grow operations indoors to produce higher potency pot to maintain their illicit market share.

Ruined lives will be hidden in the frenzy as they were during the rush for Alaska gold.  How many kids need to die in car crashes after pot tourists take their first vape hit of butane hash oil and get behind the wheel of a rented SUV? Are we prepared to say when the experiment has failed?

History suggests we slow down and remove the green-tinted glasses. We need to start a comprehensive public education campaign before pot shops open, instead of waiting until proceeds trickle down to State coffers in late 2014. Funding is needed for additional law enforcement to adapt to new pot laws. Also, we should probably re-consider the wisdom of allowing giant, rainbow-swirl, THC-infused lollipops.

The commercial pot industry, like tobacco and alcohol before it, will likely be dedicated to increasing addiction-based sales resulting in increased harm to youth and the vulnerable. It took decades to push back on Joe Camel—a lesson that does not need repeating in the rush of 2013.

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.)

American Medical Association statement on drug policy and marijuana legalization

The American Medical Association recently updated its position on marijuana policy:

Our AMA:
(1) discourages cannabis use, especially by persons vulnerable to the drug's effects and in high risk situations;
(2) supports the determination of the consequences of long-term cannabis use through concentrated research, especially among youth and adolescents; and
(3) supports the modification of state and federal laws to emphasize public health based strategies to address and reduce cannabis use.

Our AMA believes a plea of cannabis intoxication not be a defense in any criminal proceedings.

The AMA, in an effort to reduce personal and public health risks of drug use, urges the formulation of a comprehensive national policy on drug abuse, specifically advising that the federal government and the nation should:
(1) acknowledge that federal efforts to address illicit drug use via supply reduction and enforcement have been ineffective;
(2) expand the availability and reduce the cost of treatment programs for substance use disorders, including addiction;
(3) lead a coordinated approach to adolescent drug education;
(4) develop community-based prevention programs for youth at risk;
(5) continue to fund the Office of National Drug Control Policy to coordinate federal drug policy;
(6) extend greater protection against discrimination in the employment and provision of services to drug abusers;
(7) make a long-term commitment to expand research and data collection;
(8) broaden the focus of national and local policy from drug abuse to substance abuse; and
(9) recognize the complexity of the problem of substance abuse and oppose drug legalization.

Our AMA:
(1) encourages national policy-makers to pursue an approach to the problem of drug abuse aimed at preventing the initiation of drug use, aiding those who wish to cease drug use, and diminishing the adverse consequences of drug use;
(2) encourages policy-makers to recognize the importance of screening for alcohol and other drug use in a variety of settings, and to broaden their concept of addiction treatment to embrace a continuum of modalities and goals . . .

Our AMA believes that:
(1) cannabis is a dangerous drug and as such is a public health concern;
(2) sale of cannabis should not be legalized;
(3) public health based strategies, rather than incarceration, should be utilized in the handling of individuals possessing cannabis for personal use; and
(4) additional research should be encouraged.

What do you think about marijuana in bars? The Liquor Control Board wants to know.

Two more opportunities to weigh in on marijuana policy . . .

Marijuana in bars
The Washington State Liquor Control Board would like your input on a proposed rule to revise a rule about bars and marijuana.  The revision would ban the use of marijuana in businesses with liquor licenses.

Public Comment

Please forward your initial comments to the Liquor Control Board by mail, e-mail, or fax by December 11, 2013.

By mail:         Rules Coordinator                   By e-mail:                 By fax:

                        Liquor Control Board           rules@liq.wa.gov     360-360-664-9689

                        P.O. Box 43080

                        Olympia, WA  98504-3080

Public Hearing:     December 11, 2013

1000 foot buffer 

The Washington State Liquor Control Board approved filing the CR 101 to revise WAC 314-55-050 on how the 1000 foot buffer is measured for marijuana licenses. Comments will be accepted until December 27, 2013.

Public Comment
Please forward your initial comments to the Liquor Control Board by mail, e-mail, or fax by December 27, 2013.

By mail:         Rules Coordinator                           By e-mail:                             By fax:
                     Liquor Control Board                       rules@liq.wa.gov                    360-360-664-9689
                     P.O. Box 43080
                     Olympia, WA  98504-3080

If you have any questions, please contact rules@liq.wa.gov. 

Marijuana impaired driving cases increased in past year, many are minors

According to a recent NPR story, the Washington state toxicology lab shared preliminary data that indicate an increase in marijuana-related DUIs.

"According to preliminary statistics, roughly 27 percent of the blood tests for suspected impaired driving showed detectable THC.  Before this year, that number was around 20 percent.  That's a 7-point jump in the months since legalization."

What the story did not include was information about how many of those marijuana DUIs were among minors.  According to the state toxicologist:

• Typically, one quarter of those cases confirming positive for THC are aged under 21 years.

• Marijuana is the most frequently detected drug in those aged under 21 years (including alcohol).