Liquor Control Board seeking comments about draft rules

Produced in Washington logo

The Liquor Control Board (LCB) released the initial draft rules for I-502 implementation. These rules reflect the Board’s stated goal of developing a tightly regulated and controlled market, and also demonstrate the agency’s initial thinking on what Washington’s system of growing, processing and retailing will look like. The Board is concerned with out-of-state diversion of product, traceability of products, responsible business practices, youth access and other public and consumer safety issues.

Initial draft rules may be downloaded at https://lcb.box.com/initial-draft-rules. 

By releasing these initial draft rules before filing the formal draft rules the LCB is soliciting public comment before starting the official draft rule process in mid-June. Vetting these rules with stakeholders allows the LCB to adapt and improve them. These draft rules will benefit from community input, alternatives and adjustments so please review closely and send suggestions to the below contact points no later than June 10, 2013.

The best way to provide your input is via email at: rules@liq.wa.gov. 

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

Fax: 360-664-9689

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. 

Briefing provides detailed information about WA marijuana laws

On April 23, the King County Law, Justice, Health and Human Services Committee was briefed on the implementation of I-502.  During the briefing, quite a bit of information was shared about the "medical" marijuana law and how it conflicts with the new "recreational" marijuana law. 


    

If you are unable to view the video, please click here. 

Revising I-502 to better define THC levels in marijuana products

Brownies that were confiscated by
Seattle Police earlier this month.
Brownies and other marijuana
products allegedly were sold
to Seattle middle and high school
students from a private home.

Earlier this week, the Washington Legislature delivered to Governor Inslee a bill that would change the definition of THC concentration as it was outlined in I-502.  The definition included in the initiative made it difficult for prosecutors to make marijuana-related charges stick.

Such was the concern of the King County Prosecuting Attorney when looking to prove in court that a Seattle man was selling marijuana brownies to children.

The House Government Accountability and Oversight Committee held a public hearing about the issue on April 25.



If you have trouble viewing the video, click here.

Liquor Control Board releases updated timeline for implementing I-502

Last week, the Washington State Liquor Control Board (WSLCB) adopted its official timeline for implementing I-502. This replaces the tentative timeline that has been posted on their website since December.


Here is the new information released by the WSLCB:

This official timeline is based on input from the public forums, our research, and all that we’ve learned in the months since the November election. The WSLCB is on track to meet the December 1 deadline required by I-502.

Key Elements of the Official Timeline
• The WSLCB will begin vetting draft rules with stakeholders in mid-May. This means that we will send draft rules via the Listserv to get your input before formally filing draft rules in mid-June. After you officially file draft rules – it’s called a CR 102 – any significant changes require the agency to start the process over. By vetting the rules with stakeholders before filing the CR 102 the process will be more efficient.

• The draft rules will be for all license types rather than one at a time. This means that any potential licensee will have a view of the entire recreational marijuana business landscape before deciding whether to apply for a license.

• Under this timeline, the rules will be effective in August, the WSLCB will accept applications for all license types in September and issue licenses as early as December 1, 2013.

Official Timeline Adopted April 17, 2013
The below timeline is the Washington State Liquor Control Board’s (WSLCB) official timeline for implementation of Initiative 502. The Board and staff are working from this timeline going forward. By law, the WSLCB must have the rules written by December 1, 2013. The agency is on track to meet this deadline.

If and/or when timeframes change we will communicate those changes via the WSLCB Listserv and our agency Twitter.

Milestones
Mid May: Send draft rules to stakeholders for comment

Mid June: CR102 (draft rules) filed for the Producer, Processor and Retailer Licenses. The CR102 allows the WSLCB to seek public comment on draft rule language developed with input from the public during the initial comment period.

Small Business Economic Impact Statement issued with CR 102.

Late July: Public hearing/s on rules for the Producer, Processor and Retailer Licenses allowing the public to comment on the draft rule language.

Rules adopted.

Late August: Rules become effective.

September: WSLCB begin accepting Producer, Processor and Retail License applications.

December 1: Rules are complete (as mandated by law). WSLCB begins issuing Producer, Processor and Retail licenses to qualified applicants.

For more information on the implementation of I502 and to join our listserv to receive email updates, please visit www.liq.wa.gov.

WA House budget amended to include Community Mobilization

During last night's Washington State House Appropriations Committee meeting, the proposed state budget was amended to include funding for the statewide Community Moblization Program thanks to Representative Laurie Jinkins.  Rep. Jinkins was the only person to speak in favor of the amendment and nobody spoke in opposition. 



The meeting may also be viewed by clicking here. 

Liquor Control Board seeks public comments about pot bars

From the Washington State Liquor Control Board:

Board Opens Rulemaking to Address Consumption of Marijuana at Liquor Licensed Locations

Recent media reports show at least two licensees allowing consumption on the premises

OLYMPIA – The Washington State Liquor Control Board (WSLCB) today opened rulemaking to address consumption of marijuana in liquor licensed establishments.
Section 21 of Initiative 502 states: It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public. A person who violates this section is guilty of a Class 3 civil infraction under chapter 7.80 RCW.

A class 3 civil infraction equates to a $103 fine that would be imposed on the customer. However, the law does not address enforcement penalties for the licensee for allowing a prohibited practice, such as they do under state liquor laws.

Recent media reports showed at least two establishments that appear to be in violation of the new law. These licensed locations are allowing patrons to either smoke, vaporize or otherwise ingest marijuana on the premises.

“It is important that the Board clarify now that consuming marijuana in a state liquor-licensed establishment is not acceptable,” said Board Chair Sharon Foster. “Public consumption of marijuana is clearly illegal under Washington’s new law.”

In addition to the prohibition on public consumption, the Board is concerned there may be public safety considerations for mixing alcohol and marijuana in liquor licensed locations such as over service and increased impaired driving.

Filing a CR 101, which formally opens the rule-making process, the Board will begin taking public input on the topic of consumption of marijuana at licensed locations. Details for providing public comment are on the Laws and Rules section of the WSLCB website at http://www.liq.wa.gov/laws/laws-and-rules. 

Proposed Timeline

April 3, 2013   Board files a CR 101 and begins taking public comment

May 22, 2013  WSLCB files draft rules

June 26, 2013  Public hearing on draft rules

July 3, 2013  Board accepts or rejects draft rules

August 3, 2013  Rules become effective

Meet the LCB's new marijuana consultant

Mark Kleiman and BOTEC recently were chosen by the Washington State Liquor Control Board to provide consulting services for the implementation of I-502. 



If you are having problems viewing this video, click here.

Read more about Dr. Kleiman's thoughts on drug policy at The Reality-Based Community blog. 

House Finance Committee discusses marijuana taxes

The Washington State House Finance Committee held a work session this morning about cannabis taxation followed by a public hearing about HB 1976: funding agricultural production research through the life sciences discovery fund with certain marijuana-related revenues.

WA House Bill 2000 would change new marijuana law

Yesterday, the Washington State House Government Accountability and Oversight Committee held a public hearing about HB 2000 concerning the implementation of I-502. WASAVP President Derek Franklin testified.

WSLCB announces vendor to provide marijuana consultation services

From the Washington State Liquor Control Board:

Liquor Control Board Announces BOTEC Analyses Corporation as Marijuana Consultant

Think tank is apparent successful vendor to provide technical expertise as the Board implements I-502.

OLYMPIA – The Washington State Liquor Control Board (WSLCB) today announced that BOTEC Analysis Corporation is the apparent successful vendor to provide technical expertise as the agency implements Initiative 502. Apparent successful bidder is the official term until contract terms are finalized.

BOTEC Analysis Corporation is a Cambridge, MA based think tank specializing in crime and drug policy and will serve as the prime contractor. The company was a clear winner scoring highest in all four categories of consulting services the agency sought in its request for proposals (RFP): product and industry knowledge; product quality standards and testing; product usage and consumption validation; and product regulation.

This team’s lead members and subcontractors are among the world’s leading experts on marijuana and drug policy,” said Board Chair Sharon Foster. “Their credentials speak for themselves.” 

According to their bid, BOTEC has “a wealth of experts in formalized cultivation and testing, quality standards, statistical modeling, policy analyses, dynamics of illicit markets, law enforcement, drug control, drug dependency economics and rule-making. They’ve occupied prestige positions ranging from presidential advisors to a Nobel laureate. 

“I would like to thank the team that produced, scored and communicated this RFP,” said agency administrative director Pat Kohler. “It was a multi-agency effort that was produced and completed much faster than a typical state RFP. It’s the kind of efficient and effective government that Gov. Inslee is expecting of state government.” 

BOTEC Analysis, Inc. Team Leads

Project Leader: Dr Mark Kleiman, CEO BOTEC, Ph.D. Public Policy, Harvard Kennedy School

Dr. Kleiman teaches public policy at UCLA. He is an expert in many aspects of criminal and drug policy, including probation and parole, incarceration, and marijuana policy. He is the co-author of the book Marijuana Legalization: What Everybody Needs to Know. 

Project Manager: Steven Davenport, Coordinator BOTEC

Key Sub-Contractors

1. Product and Industry Knowledge: Michael Sautman, former CEO of Bedrocan International.

Leading expert in producing standardized cannabis products on an industrial scale in a regulated environment. Has over 25 years of experience in natural product manufacturing.

2. Product Quality Standards and Testing: David Lampach, President, Steep Hill Lab. 

Lampach is an expert in applying technology and analytical instruments appropriate for analyzing cannabis samples. He is co-founder and president of Steep Hill Lab, the first and largest cannabis testing lab in the United States.

3. Product Usage and Consumption Validation: Dr. Beau Kilmer, Ph.D. in Public Policy, Harvard University

Dr. Kilmer is a Senior Policy Researcher at the RAND Corporation. He is Co-Director of the RAND Drug Policy Research Center and a professor at Pardee RAND Graduate School 

4. Product Regulation: Lowry Heussler, JD, General Counsel BOTEC 

Ms. Heussler is on the Massachusetts Department of Labor and Workforce Development Board of Review and has extensive experience in administrative and agency law. She has co-authored books with Dr. Kleiman concerning drug policy. She was a research assistant on BOTEC’s Analysis of Cocaine and Heroin Market Structure and for Dr. Kleiman’s, Against Excess: Drug Policy for Results.

Why funding for the enforcement of regulations is essential

Former Michigan Liquor Control Commissioner and former Michigan House of Representatives Floor Leader Pat Gagliardi has authored a new report, “The Need for State Alcohol Regulatory Funding: Fighting Deregulation by Defunding,” made possible by a grant from the Center for Alcohol Policy. “The fervor to cut budgets and anti-regulatory sentiment can lead to ill-considered changes in alcohol policy,” the report notes.  “There is a real danger that state alcohol control will be reduced to the point of ineffectiveness by overburdening the regulatory system that, to date, has been successful and has enjoyed overwhelming public support."

The report notes that the number of Washington State Liquor Control Board agents dropped from 86 in 2003 to 55 in 2012.  The Washington State budget allocation for alcohol control decreased from $15.5million in 2007 to $10.9million in 2011.  It goes on to discuss the changes in our state's alcohol control system, including a quote from former WASAVP president Jim Cooper.

"With the passage of Initiative 1183, the Washington State Liquor Control Board (WSLCB) will cease state liquor store and liquor distribution operations . . . The initiative permits retailers to act as their own distributors for wine and spirits and circumvents the three-tier system that has long grown the industry.  In opposing the initiative, Jim Cooper, president of the Washington Association for Substance Abuse and Violence Prevention argued:

'If we're going to destroy our current system, we need to understand what will replace it.  I-1183 raises more questions than answers.  What we do know is this: at least 1,400 stores will be allowed to sell liquor under I-1183, without a penny for more liquor compliance officers.  The Centers for Disease Control and Prevention recently recommended against liquor privatization because it caused a sharp increase in alcohol consumption and problem drinking.  Our state stores have one of the best enforcement rates in the country when it comes to checking identification.  According to the Liquor Control Board compliance checks, grocery stores sell to minors who try to buy alcohol one time out of four attempts.  Studies show teens don't drink for the taste, they drink for the buzz.  And if they can get their hands on the hard stuff, they will."

The report goes on to say:

"The alcohol industry is motivated primarily by profit and cannot be left to self-regulate in this field.  The problems with alcohol can only be addressed by restricting the availability, accessibility, and marketing of alcohol through enforcement of regulations that apply to all."

"The need for adequate funding is essential for the regulation of alcohol to work.  A fully funded system will strengthen the regulatory framework that supports alcohol policy compliance and enforcement."

"Adequate funding is also essential to avoid other consequences of deregulation that are often overlooked, including money laundering, smuggling, Internet sales to minors, blind pigs (establishments selling alcohol illegally), gang activity, and underground economies, especially in urban areas with private clubs that go unchecked."  

Watch the Bremerton public forum on I-502

On March 7, the Liquor Control Board hosted their final public hearing about the implementation of I-502 before they start proposing rules.

Watch I-502 public hearings

More videos of Washington State Liquor Control Board public forums about the implementation of I-502 are available for viewing.

Spokane, February 12


Mount Vernon, February 19


Tacoma, February 21


Yakima, February 28

International Board says marijuana legalization runs counter to preventing substance abuse

Earlier this week, the International Narcotics Control Board (INCB), an independent body made up of 13 members from different governments and the World Health Organization, released their Annual Report 2012.  In the Forward, the INCB President states:

"We note with concern, however, that in this debate, some declarations and initiatives have included proposals for the legalization and possession of drugs for non-medical and non-scientific use, that is, for "recreational" use, that would allow the cultivation and consumption of cannabis for non-medical purposes.  

Any such initiatives, if implemented, would violate the international drug control conventions and could undermine the noble objectives of the entire drug control system, which are to ensure the availability of drugs for medical purposes while preventing their abuse.  

Proponents of such initiatives ignore the commitment that all Governments have made to promote the health and well-being of their communities, and such initiatives run counter to the growing body of scientific evidence documenting the harm associated with drug abuse, including occasional use, particularly among young people during their formative years.  

Furthermore, such initiatives would create a false sense of security and would send a false message to the public, in particular children, regarding the health impact of abuse of drugs.  

Some have argued that these proposals would eliminate the illicit markets and organized crime associated with drugs of abuse.  Yet, even if such initiatives were implemented, organized criminal groups would get even more deeply involved, for instance by creating a black market for the illicit supply of newly legalized drugs to young people.  

To target the organized crime and violence associated with the illicit trade of drugs, the most effective tools is primary prevention of drug abuse, coupled with treatment and rehabilitation, and complemented by supply reduction measures, as provided for in the conventions."  

WASAVP testifies against alcohol bills

This morning, the Washington Senate Commerce and Labor Committee held a pubic hearing about two alcohol-related bills:

• SB 5644: Concerning sales for resale by retail licensees of liquor.
• SB 5731: Allowing beer and/or wine specialty shop licensees to sell craft distillery products.

WASAVP provided testimony against both bills, as did a few alcohol business interests.

Recording of Liquor Control Board forum in Vancouver now available

A recording of the Washington State Liquor Control Board's public hearing in Vancouver about the implementation of I-502 is now available to watch via YouTube.

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.

WASAVP testifies about alcohol-related bills

Another legislative session is well on its way and, as in previous years, many bills have been introduced to further deregulate alcohol in our state.  Yesterday, the Washington Senate Labor and Commerce Committee met and discussed multiple alcohol-related bills (listed below) and WASAVP provided testimony.



SB 5045: Allowing day spas to offer or supply without charge wine or beer by the individual glass to a customer for consumption on the premises.

SB 5111: Creating a beer and wine theater license. (Hearing is on the Proposed Substitute.)

SB 5607: Concerning beer, wine, and spirits theater licenses.

SB 5238: Concerning recommendations for streamlining reporting requirements for taxes and fees on spirits.

SB 5261: Prohibiting certain liquor self-checkout machines.

SB 5303: Concerning the identification of wineries, breweries, and microbreweries on private labels.

SB 5310: Creating a senior center license.

SB 5396: Concerning limited on-premise spirits sampling.

SB 5517: Changing the criteria for the beer and wine tasting endorsement for grocery stores.

SB 5628: Allowing multiple liquor licenses at the same physical premises.

SB 5674: Allowing wine and beer sampling at farmers markets.

To find more information about a specific bill, go to http://apps.leg.wa.gov/billinfo.  

Legislature considering multiple alcohol-related bills

As a recent Spokesman-Review blog post notes, "Getting a drink of alcohol in a movie theater, a farmer's market, even a senior center or a massage (spa), would be easier under a series of proposals considered Monday by a Senate panel."   

After describing the proposed bills, the post goes on to quote two WASAVP Board members.

"Having a glass of wine after a massage, then getting in a car and driving sounded like a really bad idea to Mary Ellen Dela Pena of the Washington Association for Substance Abuse and Violence Prevention.  Many of the proposals would expand the need of the already stretched thin Liquor Control Board to do 'compliance checks', to make sure these new locations were following laws on not over serving or allowing minors to be present, she added."

"There's a creep in society about the number of localities where alcohol is served," Derrick Franklin, president of the association, said.  That means fewer and fewer locations where children can go and not be exposed to alcohol consumption." 

A list of proposed bills related to alcohol and other drugs is available on the WASAVP website.

Public Safety Committee learns about marijuana and impaired driving

Yesterday, the Washington State House Public Safety Committee hosted a work session about marijuana and impaired driving.  Agenda items included:

1. Marijuana and impaired driving in the post I-502 world.

2. General overview of I-502: What is legal? What is still illegal?

3. Driving under the influence of marijuana: From the roadside to the courthouse.

4. Enforcement protocols and prosecution of driving under the influence of marijuana.

5. The science of cannabis and impaired driving.

"Advocacy 101" training

Want to advocate for prevention but don't know how?

In 2011, Nancy Amidei of the Civic Engagement Project conducted an "Advocacy 101" training for the Engage Seattle project.  The City of Seattle posted handouts and a video of her presentation on their website.  These resources are a great place for substance abuse and violence prevention advocates to learn more about the legislative process, the important role they play in law-making, and how easy it is to be an advocate.  Among the handouts is an advocacy guide for public employees and people who are funded by government dollars.

Here is a video clip from the training:

Using the National Prevention Strategy to guide WA marijuana policy

As our state moves forward with implementing I-502, policies that prevent underage and excessive marijuana use should be part of the new legal marketplace. Since a highly regulated marijuana marketplace has never been established before, we can look to what has worked and not worked for underage drinking and tobacco use prevention. With alcohol and tobacco, many regulations have proven to prevent youth use.

Links to a few public health websites are included in the WASAVP Marijuana Education Toolkit. One of the public health resources to which we may refer is the National Prevention Strategy's priority of Preventing Drug Abuse and Excessive Alcohol Use. Policies that are recommended include:

• Reduce days and hours of alcohol sales.
• Limit the number of places that sell alcohol.
• Enforce the legal minimum drinking age (21).
• Restrict alcohol marketing.
• Expose youth to counter-marketing messages.

 All of these policies are among those recommended by WASAVP for addressing legal marijuana.

Listen to I-502 public forums online

The Liquor Control Board is hosting public forums across the state to gain public input about the implementation of I-502.  Last week, forums were hosted in Olympia and Seattle.  Video and audio recordings of these forums are posted online. 

Here is a recording of the Olympia public forum.

The Seattle forums may be viewed online via the Seattle Channel. 

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.

Tobacco controls unenforced, prevention funds diverted

To be filed under "lessons learned" about funding for substance abuse prevention, here is an excerpt from a recent American Lung Association press release "Tobacco Industry Continues to Spend Billions While Public Health Shortchanged":

Follow the trail of money misused by policymakers and strategically invested by Big Tobacco in the American Lung Association's "State of Tobacco Control 2013" report released today to discover how the leading cause of preventable death is often entangled in a financial web of neglect and deceit.

The Lung Association's "State of Tobacco Control" report tracks annual progress on key tobacco control policies at the federal and state level, assigning grades based on whether laws are adequately protecting citizens from the enormous toll tobacco use takes on lives and the economy.

"We are faced with a deep-pocketed, ever-evolving tobacco industry that's determined to maintain its market share at the expense of our kids and current smokers," said Paul G. Billings, American Lung Association Senior Vice President for Advocacy and Education. "State and federal policymakers must battle a changing Big Tobacco and step up to fund programs and enact policies proven to reduce tobacco use."

The federal government's progress on tobacco control over the past several years nearly ground to a halt in 2012. Most notably, the Food and Drug Administration (FDA) failed to exercise its oversight authority allowing for the proliferation of a new generation of tobacco products aimed at hooking youth smokers.

State governments continued their years of inaction by again failing to invest income from tobacco taxes and tobacco settlement payments into programs proven to keep youth off tobacco and help current smokers quit. According to the U.S. Surgeon General's report, if states begin to invest in tobacco prevention programs, youth tobacco use could be cut in half in just six years.

Smoking costs the American public almost $200 billion every year in healthcare costs and lost productivity and wages – a staggering bill that the country can ill afford.

In 2009, the Washington State Legislature diverted tobacco dedicated funds away from prevention programs and into the general fund.  State funding for tobacco prevention is now virtually non-existent. 

Liquor Control I-502 public forums

The Washington State Liquor Control Board will hold six evening public forums across Washington regarding the implementation of Initiative 502. The forums are an opportunity for interested citizens to meet WSLCB staff involved in implementation, be updated on implementation and to provide input to the Board for it to consider as it develops rules.

“Clearly there is passion about what Washington’s system of legal marijuana will look like when fully implemented,” said Board Chair Sharon Foster. “This is an opportunity for the public to meet the Board and staff involved in implementation, learn about our role in implementation, and to provide testimony. We appreciate the cooperation of the Association of Washington Cities for their help in arranging these forums.”

• 1/22: WSLCB Headquarters, Conference Room 201
  3000 Pacific Ave SE, Olympia, WA 98501
  
• 1/24: Seattle City Hall, Bertha Knight Landes Room
  600 Fourth Ave, Seattle, WA 98104
  
• 02/7: Clark College, Vancouver, Foster Auditorium
  1933 Fort Vancouver Way, Vancouver, WA 98663
  
• 02/12: Spokane City Hall, Council Chambers
  808 W Spokane Falls Blvd, Spokane, WA 99201
  
• 02/19: Skagit Valley College, Mt. Vernon, Theater
  2405 East College Way, Mount Vernon, WA 98273
  
• 02/21: Yakima City Hall, Council Chambers
  129 North Second St, Yakima, WA 98901

Agenda

• 6:00 – 7:00 p.m. Open house with Board and staff
• 7:00 – 7:05 p.m. Board welcome
• 7:05 – 7:15 p.m. Overview of Board’s role in implementation and timeline
• 7:15 – 10:00 p.m. Public testimony

New national marijuana policy alliance formed

A new national alliance, Project SAM, was launched today in Denver.  Following is their from press release:

A new national alliance, Project SAM (Smart Approaches to Marijuana) is launching today in Denver, Colorado to start a new national dialogue on marijuana policy based on public health. Chaired by former Congressman Patrick J. Kennedy, Jr., Project SAM is a bipartisan alliance of lawmakers, scientists, and other concerned citizens who want to move beyond simplistic dichotomies of “incarceration versus legalization” and instead focus on practical changes in marijuana policy that neither demonizes users nor legalize drugs. Former George W. Bush Speechwriter, Newsweek/Daily Beast columnist David Frum, Harvard Professor Sharon Levy, University of Kansas public health specialist Kimber Richter, and former Obama and Bush advisor Kevin Sabet will also serve on the board of SAM. SAM focuses on a “third way” approach to marijuana, and will be working with state partners to reach the local level. The first state partnership will be Smart Colorado, chaired by Bob Doyle.

“I have devoted my life to mental health awareness and the establishment of a modern health system that recognizes the importance of preventing and treating mental illness,” remarked Patrick J. Kennedy, Jr. “I am extremely concerned about how America’s current rush toward marijuana legalization, however, could increase our health problems by allowing a permissive environment for addiction.”

Project SAM, funded through volunteers, will focus on four main goals:

1. To inform public policy with the science of today’s marijuana

2. To have a conversation about reducing the unintended consequences of current marijuana policies, such as lifelong stigma due to arrest

3. To prevent the establishment of “Big Marijuana” — and a 21st-Century tobacco industry that would market marijuana to children. Those are the very likely results of legalization

4. To promote research of marijuana’s medical properties and produce pharmacy-attainable medications

“A world of legal drugs will be a world in which the fates of the top one third of Americans and the lower two thirds will diverge even more than they already do. We have opened more and more roads to self-harm. Must we now open another?" remarked David Frum, former presidential speechwriter.

While Project SAM will work on getting information to lawmakers and the public about the perils of marijuana addiction and legalization, it will also focus on cost-effective solutions to marijuana use such as the expungement of records for those with arrests for small amounts of marijuana.

“To be against legalization is not to be anti-reform,” remarked Kevin A. Sabet, former advisor to the Obama Administration. “Marijuana arrestees should be referred to brief health interventions or treatment, if appropriate, and given opportunities to find a way out of drugs as opposed to a way into the criminal justice system.”

Project SAM will be particularly focused, however, on preventing a 21st-century tobacco industry focused on a new product line – marijuana.

”The tobacco industry is a worldwide public health disaster. We should learn from our mistakes, not repeat them with marijuana,” remarked Kimber Richter, a renowned tobacco researcher at the University of Kansas.

SAM will also focus on the impact of marijuana on children. “As a physician for kids, I know marijuana legalization would be a disastrous public health policy for them,” said Christian Thurstone, child and addictions psychiatrist and researcher, University of Colorado Denver. “The developing brain should be shielded from harm, not exposed to it.”

Finally, there will be a push to increase research into the medicinal properties of marijuana that does not involve ingesting the whole drug, as per “medical” marijuana by state referenda. “Cannabis-based drugs dispensed by pharmacists and prescribed by doctors represent an exciting area of current research,” remarked Kennedy. “But more can be done to incentivize researchers and the government to focus on this area. Our coalition looks forward to helping with that agenda.”

State representatives voice concerns about the implementation of I-502

In a January 7 letter to the Chair of the Liquor Control Board, Washington State Representatives Hurst, Carlyle, and Hunter request that they "change their approach towards implementation" of I-502 to "ensure that precious state resources are not wasted and that our valuable state employees not be exposed to any criminal liability."

Specific concerns that they identify include "many unresolved questions regarding the federal government and marijuana's continued listing as a Schedule I controlled substance, taxation policy, impacts on local governments, LCB appropriations for implementation and other public policy considerations such as the role of the LCB itself."

Though I-502 states that the LCB has until December 1, 2013 to have a regulatory system in place for growing, producing, and selling marijuana, the representatives consider this timeline "aggressive".  They state that that the current timeline for the implementation of I-502 "could lead to significant state resources being wasted on an effort that could ultimately be shut down due to . . . the Federal government."

In the meantime, a marijuana business group will host a meeting of marijuana business interests with Seattle Mayor Mike McGinn later this month to, no doubt, lobby for a marijuana business-friendly environment in the city regardless of what happens on the state level.

More marijuana business lobbyists

Over at Cannabis Wire, they have been tracking the development of marijuana business groups and their hiring of lobbyists.  Here's the latest:

On Monday, we posted on the formation of the Northwest Producers and Processors Association (NWPAPA), and their lobbyist hire. The NWPAPA spokesperson and lobbyist commented that they see the state’s craft beer industry as “a good model” for cannabis retail business.

In December, the Cannabis Business Group (CBG) was formed and the first registered lobbyist was hired to work on I-502 implementation. Today the paperwork is complete, the mission is set, and CBG has announced they are ready to represent a broad base of producers, processors and retailers of MMJ. The group sees tremendous industry opportunity under recreational use regulations.


Although focused on public policy affecting patients and their use of cannabis, the eighteen month old Cannabis Coalition for Standards and Ethics (CCSE), is not shy about working the legislative and regulatory process hard. CCSE has established an open channel with the LCB, and informally is sought out as an experienced resource of growers, processors and users.

Here is an excerpt from a letter that the newly-formed Cannabis Business Group sent out:   We are proud to announce the formation of The Cannabis Business Group (CBG) for cannabis business professionals seeking to operate as I-502 producers, processors, and retailers. We would like to invite you to join the CBG to help cultivate (pun intended) the future of cannabis here in Washington and, eventually, on a national scale. We want to work with you to seize this once-in-a-lifetime opportunity to build a new cannabis industry based on meaningful and intelligent regulations that we can help mold.

It remains to be seen if marijuana business lobbyists will work with the substance abuse prevention community to ensure that "meaningful and intelligent regulations" include those that will keep marijuana out of the hands of minors.  This is a "once-in-a-lifetime opportunity" for creating a marijuana industry that is tightly regulated so that only adults will have increased access to marijuana.  This is the opportunity for public health and safety advocates to be in on the ground floor influencing policy making for an industry that could have serious affects on youth health and development. 

DEA proposes rule changes to expand options for collecting unused medicines

The Drug Enforcement Administration (DEA) published its Notice of Proposed Rulemaking for the Disposal of Controlled Substances in the Federal Register Dec. 21.  The proposed regulations seek to implement the Secure and Responsible Drug Disposal Act of 2010.

According to the 2011 Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health, more than six million Americans abuse prescription drugs.  That same study revealed more than 70 percent of people abusing prescription pain relievers got them through friends or relatives, a statistic that includes raiding the family medicine cabinet. Medicines that languish in home medicine cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high—more Americans currently abuse prescription drugs than the number of those using cocaine, hallucinogens, and heroin combined. 

This rule proposes requirements to govern the secure disposal of controlled substance medications by both DEA registrants and what the Controlled Substances Act refers to as “ultimate users” of these medications (patients and animals).  The proposed regulations seek to expand the options available to collect these medications from ultimate users for the purpose of disposal, to include take-back events, mail-back programs, and collection box locations.  The proposed regulations contain specific provisions that:

• Continue to allow law enforcement agencies to voluntarily conduct take-back events, administer mail-back programs, and maintain collection boxes;
• Allow authorized manufacturers, distributors, reverse distributors, and retail pharmacies to voluntarily administer mail-back programs and maintain collection boxes;
• Allow authorized retail pharmacies to voluntarily maintain collection boxes at long term care facilities.

The public can review an electronic copy of this document at http://www.gpo.gov/fdsys/pkg/FR-2012-12-21/pdf/2012-30699.pdf and has 60 days to submit comments, until February 19, 2013.  DEA encourages interested parties to comment on this important proposed rule.  

Marijuana dependence and treatment

As we, as a state, move forward with creating a commercial marijuana market, it is important that we understand marijuana, its use, and consequences.  While this blog mostly focuses on substance abuse prevention, it's useful to take a look at intervention, harm reduction, and treatment, too.  A 2007 article from the Addiction Science and Clinical Practice journal entitled "Marijuana Dependence and Its Treatment" is a good starting point.

Here are a few excerpts:

Adolescent marijuana use
Approximately half of the individuals who enter treatment for marijuana use are under 25 years of age. These patients report a distinctive profile of associated problems, perhaps due to their age and involvement in other risky behaviors (Tims et al., 2002). Adolescents who smoke marijuana are at enhanced risk of adverse health and psychosocial consequences, including sexually transmitted diseases and pregnancy, early school dropout, delinquency, legal problems, and lowered educational and occupational aspirations.


Racial disparities
During the past decade, marijuana use disorders have increased in all age groups. Contributing factors may include the availability of higher potency marijuana and the initiation of use at an earlier age. Among adults, marijuana use disorders increased despite stabilization of rates of use. An increased prevalence of disorders among young adult African-American and Hispanic men and African-American women appears to account for the overall rise among youth (Compton, 2004)

Is marijuana unique? A large part of the general population has had personal experience with marijuana, and most have not become addicted. (Ten percent of the U.S. population reports using marijuana in the past year and 6% report using within the past month.) Many find it perplexing to contemplate how someone else could become addicted to a drug they themselves have tried and can easily set aside or stop using. Accordingly, they think marijuana dependence must qualitatively differ from dependence on other drugs, such as heroin and cocaine, and require unique treatment approaches.

People who develop problems with marijuana may indeed be different from those who do not, but this phenomenon has been observed with other substances of abuse. A comparison with alcohol use and dependence provides a case in point. The great majority of Americans have tried alcohol and continue to drink alcoholic beverages regularly. However, only an estimated 10 to 15 percent of alcohol drinkers develop problems, and only some of these problem drinkers seek treatment. This is also true of those who have tried cocaine or heroin (Anthony, Warner, and Kessler, 1994).


Note: Two of this article's authors conduct research with the University of Washington's Teen Marijuana Check-Up.

Marijuana lobbyists hired

Taking their cues from big tobacco and alcohol, marijuana organizations are hiring staff to lobby the Liquor Control Board as they develop our state's commercial marijuana system.

From the Washington State Wire:

Veteran lobbyists . . .will represent one of perhaps four separate groups lining up to impact the regulatory process of the Washington State Liquor Control Board as it develops the state’s, and the nation’s first recreational cannabis users’ retail business platform. 

. . . The two lobbyists will register on behalf what appears to be the first state association or coalition of the state’s larger, more business savvy medical marijuana producers. Hilary Bricken said the two will register with the PDC to “monitor and provide input on any legislation or regulation pertaining to the production, processing, wholesaling and retailing of cannabis.”

“We’ve (also) started a trade organization called The Cannabis Business Group that plans to advocate for itself and its interests in Olympia with our lobbyists,” Bricken added in an email.

Is anyone hiring lobbyists for youth substance abuse prevention?

Join WASAVP at Prevention Policy Day!

Liquor Control Board starts marijuana rulemaking process & seeks public input

Yesterday, the Liquor Control Board released a fact sheet about the implementation of I-502.  Earlier this week, they announced that they have begun rulemaking regarding marijuana producers and are seeking public input.

Here's their announcement:

Marijuana Producer Rulemaking Underway
December 5, 2012

Today the Washington State Liquor Control Board filed a CR-101 (pre-proposal filing) to enter into the initial stage of rule-making on the “marijuana producer” license created by Initiative 502.

Marijuana Producer Only
This rule making is for the “marijuana producer” license only. During this stage of the rule-making process the Board is seeking public comment and input on how the public thinks the license should work and what type of regulations should come with it.

Board staff will review the written input as it formulates draft rules. Once the draft rule is prepared, the Board will again seek comment on draft producer rules (CR 102), including at least one public hearing. It is likely that the Board will hold public hearings on the west and east sides of Washington State. Dates and times for those meetings will be posted on the LCB website as soon as they become available. Notices will also be sent via the I-502 Listserv maintained by the Liquor Control Board.

Tentative Timeline
Note: The below timeline is tentative. We will use the I-502 Listserv and website for notifications and updates as they are available. You can also follow us on twitter (WSLCB).

• December 5, 2012 
  Board files CR 101 to initiate marijuana producer rulemaking

• February 10, 2013  
  Last day for Board to accept initial public input
   
• March 6, 2013
  Board files CR 102 that includes a draft marijuana producer rule
   
• April 10, 2013
  1 of 2 public hearings. The second’s hearing is still to be determined.
   
• April 17, 2013
  Board adopts marijuana producer rules
   
• May 18, 2013
  Marijuana rules become effective.

Public Comment
Please forward your initial comments to the Liquor Control Board by mail, e-mail, or fax by Feb. 10, 2013

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

By e-mail: rules@liq.wa.gov

By fax: 360-664-9689

Processor and Retailer Rulemaking
Similar CRs will be filed at a later date for the proposed “processor” and “retailer” licenses created by I-502.

Legal adult marijuana use, restrictions included

Tomorrow, part of Initiative 502 goes into affect.  Possession of small amounts of marijuana and marijuana-infused foods/beverages will no longer be illegal in Washington.  However, restrictions on use come hand-in-hand with this new legal status.

From the Seattle Weekly Blog:

Although it becomes legal this week to possess one pound of "marijuana-infused product" or 72 ounces of marijuana-infused liquid, officials say Initiative-502 doesn't open the door for restaurants to plate up pot.

. . . But the clearest prohibition may be located in the state's food code, which bars commercial food producers from using any ingredients which aren't approved for human consumption, such as marijuana. "It doesn't appear that's going to change," Moyer says. Although the rules committee could recommend adjusting the code, it might be difficult to square those changes with food safety concerns: Since marijuana remains illegal under federal law, there are no plans for the U.S. Food and Drug Administration to inspect or approve marijuana-infused products.

"Marijuana in food products is not legal," Moyer emphasizes. "That includes what's already being sold in 'dispensaries,' which of course, aren't legal."

From FOX 12 in Oregon:

. . . Flatt (a marijuana user) planned to rent out a space at the Clark County Convention Center on New Year's Eve and then invite (marijuana) smokers and supporters to attend.

But the county health department soon put a stop to Flatt's pot party. County health officials said the party would be against the law and the convention center denied his application.

Justin Kobluk, a spokesman for the Clark County Events Center, said the events center must abide by Measure 901, passed in 2005, which says "no person may smoke in a public place or in any place of employment."

"The issue wasn't the cannabis or the substance at all," Kobluk said. "The issue was it is just not legal to smoke in a public place," he said.

From the Bellingham Herald:

. . . In a Monday, Dec. 3, committee vote, the City Council approved ordinance amendments bringing Bellingham's municipal code into conformance with state law as changed by voters via Initiative 502.

The initiative allows people 21 and older to possess up to one ounce of marijuana, with similar legal limits on various kinds of "marijuana-infused products." But the initiative also treats pot the way that current law treats alcohol: Using it in public, or even having an open container, subjects the offender to a "civil infraction," which amounts to a ticket and a small fine, but not arrest or jail.

More marijuana legalization questions posed by the News Tribune

The News Tribune editorial board recently presented more questions that jurisdictions will need to consider as I-502 is implemented:


At this point, though, it’s not obvious that the rules will be honored. Will legal selling actually replace illegal selling? One test will be whether Seattle and Tacoma shut down “medical” marijuana dispensaries, which operate outside the law and typically cater to recreational users – including people under the age of 21.

Or does Washington get licensed and supervised retail marijuana stores – and unlicensed and unsupervised dispensaries?

Will city councils and prosecutors enforce I-502’s attempt to separate young people from marijuana? Possession by anyone under the age of 21 remains illegal under the law. Will charges be pressed against those who provide marijuana to young people? 

For that matter, will cities and counties continue to prosecute small-time illegal dealers? Will they now tolerate smoking in public? 

Or will the passage of I-502 become a pretext for ignoring the measure’s own rules?

The questions begin: Where should marijuana be grown? How much security is needed?

The Liquor Control Board launched a webpage dedicated to providing information about the implementation of Initiative 502.  They have a little more than one year to develop a brand new regulatory system as Washington establishes a marijuana industry. 

In an interview with KPLU, the Liquor Control Board Chairperson notes that since marijuana has never been legalized anywhere before, they have a lot of work ahead of them.

She says Washington’s law now goes farther than any other state has gone on legalizing marijuana.

“We are in new territory.”


As chair of the board, she’s the regulator in chief of state-run marijuana…Safety is paramount, she says.


Figuring out how the plants would be grown and protected will be the agency’s first order of business.

“Do people want just greenhouses, or do people want to go to the expense of having security around their growing area?”


Having armed guards around pot fields might also attract too much attention, since the law envisioned growers just blending into the landscape.

Public health and safety advocates can have their voices heard during this process of setting rules and regulations for the new industry.  Advocates can play a significant role in determining  issues like if marijuana should be grown in greenhouses or farms or both.  Local zoning laws can be established to control where marijuana growing operations, producers, and stores are located.  Some local jurisdictions may choose to put a moratorium on businesses that grow, produce, and sell marijuana until the Liquor Control Board has regulations in place or the response from the federal government is known.  Security requirements can be established so that armed robbery and theft of marijuana plants and products can be minimized.

For instance, the Seattle City Council is in the process of proposing changes to zoning laws so that large marijuana farms, producers, and retailers are limited to non-neighborhood commercial zones.  Other jurisdictions around the state have banned medical marijuana dispensaries while others established moratoriums to give them time to sort out zoning and public safety issues.

Marijuana #1 reason youth enter substance abuse treatment

While alcohol is the drug of choice among high school students who use, marijuana is, by far, the primary reason kids enter substance abuse treatment.  Below are charts from King County and Washington of publicly-funded youth substance abuse treatment admissions over the past several years.

King County

 Washington

Youth substance abuse treatment admissions are different from adult admissions -- alcohol is, by far, the primary reason adults enter treatment.

When I show people these charts, they often ask me if these high rates of youth treatment for marijuana are because they were referred to treatment by the courts.  While the juvenile justice system does play a role in these numbers, they are not the primary original referral source -- schools are.

In most school districts, if a student is caught with drugs/alcohol at school, he/she is referred to a community agency for a substance abuse assessment.  The assessment agency then usually recommends either drug/alcohol education or treatment.  Most students are referred to an educational program.  The same process is true for the courts.

A third psychoactive drug should not be legalized

One of the questions I often get when discussing marijuana legalization is about the harms of alcohol use versus the harms of marijuana use.  I think the American Academy of Pediatrics summed up my thoughts on this matter best:

That alcohol and tobacco cause far more harm in our society than marijuana is undeniable, but it does not follow logically that yet a third addictive psychoactive drug (marijuana) should be legalized.  Many of the harms associated with alcohol and tobacco use stem from the widespread acceptability, availability, and use of these substances.  Still other harms result from lax enforcement of current laws regulating their use or sale, especially to underage youth.

Veteran political observer takes stand against marijuana legalization

Over at Crosscut, they discuss the initiatives facing Washington voters, including I-502.  Here is part of what is written:

On this one I am hopelessly old school. Marijuana dulls the brain, leads to overeating, causes inattentive behavior, and reduces sex drive. There are those who love it but I fail to see the social benefits that would derive from I-502. It no doubt would generate tax revenues but so, no doubt, would cocaine legalization. Medical marijuana use is legal here. Possession laws are not enforced unless you are carrying the product in bails. Yes, I know alcohol does more harm than marijuana. But that does not mean marijuana should be easily grown, sold, obtained, and used. Society has to set limits somewhere; I'd leave marijuana in its present in-between status. If you want it, you know you can get it. But don't promote its widened use. I voted No.

Marijuana is "the dream tobacco companies have"

Over at The Reality-Based Community blog, they discuss the eagerness of big tobacco to gain a new market: marijuana.  Here's an excerpt:

I dug through the internal documents that the government forced big tobacco to release and found evidence of the industry’s longstanding interest in selling pot . . . 

This is the dream tobacco companies have had since at least the 1970s, when consultants issued a secret report to Brown & Williamson touting a future product line in marijuana. “The use of marijuana today by 13 million Americans is socially the equivalent of the use of alcohol by some 100 million Americans,” said the report, found among millions of documents turned over to plaintiffs during the tobacco lawsuits of the 1990s. “It is the recreational drug; the choice of a significant minority of the population. The trend in liberalization of drug laws reflects the overall change in our value system. It also has important implications for the tobacco industry in terms of an alternative product line.”

The tobacco companies, the report concluded, “have the land to grow it, the machines to roll it and package it, the distribution to market it. In fact, some firms have registered trademarks, which are taken directly from marijuana street jargon. These trade names are used currently on little-known legal products, but could be switched if and when marijuana is legalized. Estimates indicate that the market in legalized marijuana might be as high as $10 billion annually.

The report was a long time ago, and no doubt the industry has more modern ideas for selling marijuana today. Maybe that’s why, during the run up to the 2010 election in which marijuana legalization was on the ballot in California, Altria took control of the web domain names AltriaMarijuana.com and AltriaCannabis.com. For those not in the know, Altria is the parent company of Phillip Morris, the manufacturer of Marlboro, Players, Benson & Hedges and many other popular brands of tobacco cigarettes.