Preventing youth marijuana use: What works?

Last week, WASAVP hosted "What Works!", a symposium for Washington prevention advocates and providers about what can be done to prevent youth marijuana use.  Presentations from the symposium are now available on the Athena Forum website.

Risk and Protective Factors for Youth Marijuana Use: Preliminary Findings

Predicting the Uncertain Future of Legal Marijuana

Environmental Prevention Strategies Discussion: Lessons Learned from the Field

Initiative 502 Implementation: Creating Washington's system of legalized marijuana 

Making comments about proposed rules

Tobacco Lessons for Marijuana Policies and Environmental Systems Interventions

High School Traffic Safety Programs

What Works? Program Review

Liquor Control Board to hold public hearings

UPDATED JULY 15 - New dates & places!

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

“Everything we’ve done regarding I-502 has drawn a crowd and we want to accommodate everyone. Having four hearings across the state allows us to do that,” said Board Chair Sharon Foster. “This is a chance for those who are impacted by, or anticipate being involved in, the business of marijuana to testify for the record about the proposed rules.”

August 6:          

Everett Holiday Inn

3105 Pine Street

Everett, WA  98201

1:00 - 4:00 p.m.

Seattle Center

NW Rooms, Olympic Rooms

305 Harrison Street

Seattle, WA 98109

6:00 - 9:00 p.m.

August 7:    

Red Lion Hotel

Fir and Spruce Ballroom

2300 Evergreen Park Drive SW

Olympia, WA  98502

9:30 a.m. – 12:00 p.m.

Central Washington University

Student Union Ballroom B and C

400 E University Way

Ellensburg, WA  98926

6:00 p.m. – 9:00 p.m.

August 8:

Spokane Convention Center

Ballroom 100A

334 West Spokane Falls Blvd

Spokane, WA  99201

6:00 p.m. – 9:00 p.m.

Additional information regarding the proposed rules for I-502 implementation -- including the proposed rules, a summary of changes, answers to frequently asked questions and Small Business Economic Impact Statement -- is available on the WSLCB website at: www.liq.wa.gov/marijuana/I-502.

Liquor Control Board discusses their proposed rules

The Washington State Liquor Control Board's meeting during which they released their proposed marijuana rules is now available to be viewed online.  After the Rules Coordinator provided an overview of the proposed rules, the Board made their own individual comments and opened the floor for questions from the audience, mostly media.

Board members all indicated that the medical marijuana system needs to be reconciled with the recreational marijuana system.  Sharon Foster stated that medical marijuana "as it stands" has to come into "this world" and will need to be licensed, taxed, and regulated.

Board Member Chris Marr's comments included:

• the ban on marijuana extracts needs a legislative fix.  
• the ability to enforce laws is stretched.  
• as the rules stand now, there is nothing to prevent an "oligopoly" with all of its downsides.
• though a responsible vendor program is not included in these rules, he still wants to start one.
• he is frustrated with the "lack or engagement" from the federal Justice Department.
• it is unclear how much of the marijuana market will be captured by the new legal market as it goes up against the medical marijuana and illicit markets.  
• prices for marijuana sold through the illicit market may drop.

Though some youth substance abuse prevention and marijuana education is to be funded with revenue from marijuana sales, it will take a while for that money to flow to the Division of Behavioral Health & Recovery and the Department of Health.  However, the Liquor Control Board is working with a variety or agencies and organizations to get some basic information out sooner rather than later.  It was noted that it will be especially important to educate consumers about infused products.  

Liquor Control Board releases proposed marijuana rules

The Washington State Liquor Control Board (Board) today approved the proposed rules that, if ultimately enacted, will help govern Washington State’s system of producing, processing and retailing recreational marijuana. The 42-page, single-spaced rules detail the requirements for participating in Washington’s system.

“Public safety is our top priority,” said Board Chair Sharon Foster.

The Board will host public hearings about the proposed rules in Ellensburg, Olympia, the Seattle area, and Spokane August 6-8 and final rules will be adopted August 14.  While the rules will be adopted by the end of this summer, they are not un-changeable.  Like alcohol rules, marijuana rules are expected to change as this new commercial system matures.  

WHO Director: Big business bad for public health

Later today, the Washington State Liquor Control Board will release draft rules for a commercial marijuana marketplace in our state.  As we consider what such a for-profit system should look like, it behooves us to reflect on what has happened with other legal consumables, including food, soda, and alcohol, and their affect on public health. 

World Health Organization (WHO) Director-General Margaret Chan recently stated that noncommunicable diseases have overtaken infectious diseases as the leading cause of death worldwide.  She pointed to Big Business as one of the most serious challenges to overcoming these problems: “It is not just Big Tobacco anymore. Public health must also contend with Big Food, Big Soda, and Big Alcohol. All of these industries fear regulation, and protect themselves by using the same tactics.”  In particular, she declared Big Alcohol one of the most serious challenges to public health in an address to the 2013 Global Conference on Health Promotion. Chan noted corporate use of front groups, lobbyists, promises of self-regulation, lawsuits, and industry-funded research that “confuses the evidence and keeps the public in doubt," along with the use of gifts, grants, and contributions that falsely cast industry as respectable corporate citizens.   

Read more about how Big Alcohol can't police itself, and Big Alcohol's deceptive use of "drink responsibly" themes. 

Surveys about economics of marijuana production & heavy marijuana use

From the Washington State Liquor Control Board:


The WSLCB is facilitating a request from BOTEC Analysis Corporation, our contracted marijuana consultants, seeking survey participants for two separate research projects. The more people who participate in each survey the more accurate and refined the results will be. If you are interested in participating the details on each of them is located below:

·         Angela Hawken, a professor of public policy at Pepperdine University and a co-author of "Marijuana Legalization: What Everyone Needs to Know" is studying the economics of cannabis production. To do so, she's collecting data from cultivators on their operating costs and has built an easily-accessible web survey on the economics of cultivation (http://www.surveymonkey.com/s/DCH6YXK). In particular, she is looking for those cultivators with the business sense and awareness of their books to provide substantive answers. Each respondent improves Dr. Hawken's model of the cannabis industry by providing more evidence on the actual costs of cannabis production.

·         Beau Kilmer, a research with the RAND Corporation, is working to learn more about cannabis consumption throughout the state.  As part of that task he's developed a short and confidential survey (no more than 15 minutes for heavy users, less for others) which asks users about how much cannabis they use, what products they use, how much they spend, etc. The survey will be the most detailed yet on cannabis use habits, and is available at www.mjsurvey.org

Reconciling WA medical and recreational marijuana markets

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

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

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

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

WA Attorney General talks about marijuana legalization

Last month, the Brookings Institution hosted a public forum about the changing attitudes about marijuana policy.  Among the panelists was Washington State Attorney General Bob Ferguson.  In the clip of him speaking, he states that Washington is a laboratory of democracy when it comes to marijuana legalization and briefly discusses his communications with the United States Attorney General.

Mark Kleiman, whose organization (BOTEC) provides advice to the Liquor Control Board about marijuana policy, was also part of the panel.  He stated that we will learn a lot from Washington about the effects of marijuana legalization  over the next few years. 

Letters to the Liquor Control Board

Some of the letters sent to the Liquor Control Board regarding their initial draft rules for I-502 have been made public.  WASAVP's comments are available through the WASAVP's website.

Today, Washington Cannabis Wire published the letter from Representative Chris Hurst, Chair of the House Government Accountability and Oversight Committee.  In it, Rep. Hurst discusses several concerns related to public safety.  Here are a few excerpts:

Security Concerns
My gravest concerns focus on the inadequate rules regarding security, the lack of prescreening of applicants, disclosure of non-conviction drug related activities, and the reliance on a non-prescreened lottery system to choose applicants. 

At a page and a half, the rules regarding security create few minimum standards for placement or types of equipment to be purchased and installed by licensees. By not setting minimum standards, the equipment purchased by licensees will prove to be inadequate in assisting LCB enforcement officers or police officers in their investigations.

Screening of Licensees
. . . the LCB should require pre-applicants to document that they are sufficiently capitalized to start the business.  Other pre-screening precautions that should be implemented include; requiring a sizable safety deposit with the LCB and other ways to prove that their operation will be insurable when a license is granted. No one should be allowed to even put in for the lottery without demonstrating that they have a commitment for insurance sufficient to fully cover their anticipated liability for these operations. 

Criminal Convictions
Finally, the LCB should go beyond a requirement to disclose criminal convictions and require full disclosure of all prior illegal drug manufacturing or distribution activities for the past 10 years; whether or not there have been convictions for those activities.

The Association of Washington Cities' comments are available on their website.  Among their comments:

Licensees Should Abide by Local Laws
The most important issue that must be addressed in the new rules is adding a clear requirement that all applicants and licensee must comply with all applicable local laws and regulations including but not limited to those related to licensing, taxation, health and safety, zoning and land use, environmental regulations, and permitting.  

Criminal Convictions
The rules should be clear that criminal history includes both in-state as well as out-of-state convictions. 

Number of Marijuana Businesses
The rule references the number of licenses permitted, but has not yet identified how that number will be determined.  Cities need to better understand how that number will be developed and how the distribution will be implemented.   

Hours of Operation
The hours of operation from 6am to 2am seem to be modeled after liquor retailers, but since these will be stand-alone stores with no onsite consumption it seems unnecessary to have lengthy hours.

Liquor Control Board Enforcement Responsibility
. . . objections by the public to a license renewal will be referred to the local jurisdiction for consideration.  However, we strongly believe that as the licensing authority it is the LCB's responsibility to investigate and respond to objections raised by the public about any licensee.  Any other approach would be an attempt to transfer responsibility to the local jurisdiction which lacks any direct authority over licensees.  

Cost of New Laws
We continue to be concerned about the local impacts implementation of legalized marijuana will have on cities particularly in the area of law enforcement.  Cities agree with the assessment that the legal market will only work if there are adequate controls in place and effective enforcement against the black market.  To that end, we believe that there will be a need for financial resources provided to the local jurisdictions to help with that enforcement.  We hope to work with the Board and the Legislature to secure that financial support.

Finally, the Seattle City Attorney's letter includes the following comments:

Promote Pot Tourism
We also support the Board's decision to permit nonresidents to purchase one ounce of marijuana at a retail store.  People travel to Washington for many reasons, and tourism is a significant industry within Seattle and throughout the state.  We want tourists to enjoy our beautiful outdoors, fresh produce, microbrews, fine wines, professional sports and entertainment.  We should similarly embrace marijuana tourism.  However, retailers must not oversell to non-residents so that marijuana might be taken across state lines.  I-502 does not prohibit nonresidents from traveling to Washington, purchasing marijuana from a licensed retailer, or consuming marijuana in the state, but we support Governor Inslee's promise that Washington State will not become "the country's export market for marijuana."  We need a strong partnership with law enforcement to extinguish the illegal market and properly regulate the new legal market. 

Public Consumption
I-502 prohibits opening "a package containing marijuana . . . in view of the general public."  It is not clear whether this limits marijuana use only to private residences or also allows it in establishments that may be private and not "in view of the general public" because the phrase "in view of the general public" is not defined in I-502.  For renters and tourists, allowing marijuana use in certain types of establishments other than private residences may be the only mechanism to enjoy marijuana.  This is both a race & social justice and an economic development issue.  Renters and tourists should not be forced to use marijuana in parks or on sidewalks.  We recommend that the Board study private clubs or similar accommodations and propose appropriate rules governing their establishment and regulation.  

Home Delivery
A careful reading of I-502 suggests that bicycle and truck deliveries are neither expressly permitted or prohibited.  We recommend that the Board study delivery services and propose draft regulatory rules.  

Outlet Density
If like state liquor stores there will only be a limited number of retail stores, we may want to ensure better geographical coverage.  

Cost of New Laws
Finally, local governments must be able to share in the State's revenue.  Implementing and enforcing I-502 will be a costly venture for government at all levels from business licensing and zoning to law enforcement and other public health and safety considerations.

Notes from Liquor Control Board work session

The Liquor Control Board held a work session last week to discuss public comments about the initial draft rules for a legal marijuana marketplace in our state.

At the beginning of the meeting, LCB members noted that after the draft rules are released on July 3 they will host four public forums for comments and that rules established this year are not "final and forever".  Just like liquor rules, it is expected that marijuana rules will change over time.

Both LCB members and staff stated that it is important for people to read I-502 and proposed rules.  Some comments seem to have been made by individuals/organizations unfamiliar with the initiative and the initial draft rules.

Karen McCall, Rules Coordinator, provided the LCB with a summary of the more than 800 comments they received.

From local jurisdictions (22 comments)

• Revise some definitions;
• Limit hours of sale;
• Businesses must meet all local jurisdiction requirements and laws;
• Advise them of the number of licenses that the LCB will be allowing in their jurisdictions;
• Ban drive-thru stores, Internet sales, and home deliveries;
• Ban products that appeal to youth;
• Mandate child-proof packaging;
• Allow jurisdictions to opt out of allowing marijuana businesses (law change needed);
• Ban marijuana advertising.

The Seattle City Attorney requested that the LCB allow private marijuana clubs for tourists and to allow for home delivery of marijuana.

From substance abuse prevention advocates

• Revise some definitions;
• Locate stores similar to where liquor stores were located prior to I-1183;
• Ban all advertising;
• If advertising allowed, ban ads attractive to youth;
• Ban home deliveries and Internet sales; 
• Include hotline information on packaging;
• Ban products that appeal to youth;
• Cap grow sizes;
• To buy marijuana people should have a WA identification;
• Mandate a Responsible Vendor Program.

From stakeholders

• Allow outdoor grows;
• Allow extracts (law change needed);
• Security requirements are excessive;
• Home grows should be allowed if they were established before I-502;
• Packaging requirements are excessive;
• Residency rules are too stringent;
• Controlling THC levels is unreasonable;
• Producer licenses should be issued to current farmers first;
• Third party transportation of marijuana should be allowed; 
• Allow Internet sales;
• Keep grow operations small.

At about 1:17:00, Board member Chris Marr asks questions about "big marijuana".

Watch the entire meeting:

Update June 25: If unable to access the video, listen to the work session on the Liquor Control Board's YouTube channel.

Liquor Control Board to conduct I-502 public comment work session on June 19

From the Liquor Control Board:

Tomorrow, on June 19, the Washington State Liquor Control Board (WSLCB) will conduct a work session during which WSLCB staff will summarize and present the public comments received regarding the I-502 initial draft rules to the Board. As the Board recently concluded its public input period on the initial draft rules, the Board will not be accepting public comment during the work session.

TVW is tentatively scheduled to live stream the work session on its website at www.tvw.org. It is also scheduled to be filmed for TV to be aired at a later date. In addition, audio of the work session will be posted to both the agency website and YouTube channel as soon as possible. 

Time/Location:
I-502 Public Comment Work Session
1:30 p.m.
WSLCB Headquarters

Marijuana labeling

Earlier this week, KING-5 broadcast a story about what marijuana labels may look like . . .

Liquor Control Board's advice for potential marijuana licensees

Last week the Liquor Control Board released the following advice:

This notice is to give you a courtesy heads up on some things you should be considering, preparing or actively doing now if you are interested in applying for a producer, processer or retail license.

First off, the Washington State Liquor Control Board (WSLCB) will not be accepting license applications until mid-September. Under the current draft rules, the WSLCB will open a 30-day application window for all license types. However, there are steps you can take now to lay the groundwork so that you are ready by September.

The below Top 10 list includes suggestions for things that you can do now to prepare. Applying for state licenses may be the easy part. Potential applicants must also be in compliance with other state and local laws and regulations.  

10 (Know the Law and Rules)

The best place to start is reading the summary materials available to you on the I-502 section of our website. In addition to the full text of the initiative, there are summaries of the law and rules as well as answers to frequently asked questions.

The WSLCB issued initial draft rules on May 16, 2013. The WSLCB is scheduled to file official draft rules July 3, 2013. These rules will include the input we have received since May 16.

9 (Consider consulting an Attorney)  

Have you consulted with an attorney or other business consultant on the potential risks and rewards? Marijuana remains illegal under federal law. Know your risks in advance. A state license is not insurance against federal prosecution. Governor Inslee and state Attorney General Ferguson have reached out to the Department of Justice (DOJ) to seek clarification regarding the federal government’s policy going forward for Washington and Colorado. As of this writing, the DOJ has said that it will provide clarification soon.

8 (Tightly Regulated System)

The Board has been clear from the beginning that its goal is to create a tightly controlled and regulated system to prevent diversion. There are strict regulations and subsequent associated costs. Do you have the necessary capital or financing to meet the start-up and operating costs? Under the current banking and money laundering laws, financial institutions will not lend money to marijuana-related businesses.

7 (Criminal History)

Do you and any potential partners qualify? Under the initial draft rules, the board has made allowances for two misdemeanor convictions for marijuana possession. However, an extensive or violent criminal history will likely prevent you from getting a license.

6 (State Residency)

Have you, your partners and your financiers resided in Washington State for three months? That is a requirement in both the law and the rules. The initial draft rules spell out the residency requirements and the necessary proof for application. You would need to have started living in Washington State by mid-June if you want to apply when the application process begins in mid-September.

5 (Communicate with Your Local Government)

Have you talked with your local government (county, city or port) about your plans? Are there business license requirements or zoning restrictions? Local jurisdiction requirements vary.

4 (Special Use Regulations)

Are there environmental or special use permits required? Growing marijuana is agriculture which typically has specific requirements for production, wastewater, etc. It is the same thing with processing. Depending on your process methods there may be associated state or local regulations that govern them.

3 (Location, Location, Location)

You need a location in order to apply for your license. Initiative 502 specifically prohibits locations of any license type within 1,000 feet of the perimeter of an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or arcade that is not restricted to persons at least age 21. These restrictions can make it difficult to find an appropriate place to locate your business.

2 (No Surprises)

Under the initial draft rules, the landlord or property owner must sign an attestation that he/she is aware that the property being leased will be used for production, processing, or retailing marijuana. Have you communicated with a potential landlord about whether they are willing to sign an attestation?

1 (Learn about the Application Process)

A marijuana producer, processor or retail license will be an endorsement on your Business License which is administered by the Washington State Department of Revenue. A $250 application fee per marijuana license type must be included with the application. There may be other licensing fees that are due depending on your residence, along with the Business Licensing Services (BLS) handling fee.

Due to the special circumstances of the 30 day application window for marijuana licenses and to ensure that applications submitted on time are accounted for, the application for the marijuana licenses will not be available to be processed online.  It will be paper-based only. However, you will be able to initiate the application at any Washington State Department of Revenue office.

After you submit your marijuana license application, the WSLCB will take you through the licensing process and ultimately decide whether to approve or deny your application.

Conclusion

This is the latest in our ongoing effort to help keep you informed of the WSLCB’s efforts. We hope this helps in your planning to be part of Washington’s emerging and historic recreational marijuana market. Thanks.

WASAVP calls for ban on marijuana advertising

In written comments to the Liquor Control Board regarding their Initial Draft Rules for the new commercial marijuana marketplace in Washington, WASAVP calls for a ban on marijuana advertising and free samples.

What currently is happening with medical marijuana provides a perfect example of what WASAVP does not want to see happen. The coupon below was included in ValPaks received in the mail by Puyallup-area residents and not only advertises marijuana but offers free marijuana to new customers.

Twenty-four percent of drug violations in Seattle were for marijuana in 2012

KOMO News reports that, according to Crime in Washington 2012 Annual Report, 26.4% of drug violations in the City of Seattle were for marijuana. 

According to the news report:

The majority of (Seattle) drug violations, 36.1 percent, were for crack cocaine. But, marijuana wasn't far behind with 26.4 percent. Only 0.03 percent of drug violations were for PCP. Whitcomb said the high amount of marijuana-related offenses are due to the way the state tallies those numbers. For example, the Seattle Police Department would count a bank robber arrested with marijuana on him as a robbery offense, while the state numbers count it as both a robbery offense and a drug offense.


This is similar to what Seattle Mayor McGinn said in 2010 when asked about marijuana-related arrests:  

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.

Which begs the question, will the implementation of I-502 really reduce marijuana-related violations and arrests in Seattle? 

WASAVP submits comments to the Liquor Control Board about initial draft marijuana rules

Public comments about the Liquor Control Board's Initial Draft Rules for implementing Initiative 502 were due yesterday.  

WASAVP submitted comments to the Board highlighting the need to strengthen public health and safety provisions.

The ACLU also submitted two sets of comments -- one set in collaboration with a group of prevention, intervention, treatment, and child advocacy organizations and individuals and one set in collaboration with a group of organizations representing minority communities.  

The Seattle P-I posted comments from Seattle City Attorney Pete Holmes who campaigned for I-502.  The Washington State Cannabis Wire posted comments from a marijuana business group.  

The Board will now review all comments and will follow the timeline below for issuing the new rules.  

Timeline

June 19, 2013             Board work session on proposed rules;
July 3, 2013                Board files official draft rules (CR 102) with the state Code Reviser;
August 7, 2013            Public hearing on draft rules;
August 14, 2013          Board adopts rules;
September 14, 2013    Effective date for rules; and
September 14, 2013    WSLCB begins accepting applications for all license types.

Marijuana legalization and drug trafficking

Earlier this week, KING5-TV broadcast this story about the effect of marijuana legalization on federal law enforcement and Mexican drug cartels.

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.