Reducing drug-related court filings

From the Partnership blog:

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

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

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

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

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

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

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

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

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

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

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

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

Medical & recreational marijuana systems to continue to compete for marketshare

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

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

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

Marijuana consumption increased from 2006 to 2010

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

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

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

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

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

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

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



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

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

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

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

Dr. Volkow talks about marijuana

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

HB 2706 would reduce penalties for supplying marijuana to teens

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

Drug laws discussed on The Impact

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

Local governments can ban marijuana businesses says the Attorney General

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

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

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

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

The short answers are:

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

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

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

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

Legislature listens to testimony about medical marijuana bill

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

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

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

~ Eliminate collective gardens.

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

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

Legislature considering bill to reduce drug possession penalties

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

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

Understanding the current marijuana market

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

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

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

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

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

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

The Green Rush

From WASAVP President Derek Franklin:

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

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

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

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

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

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

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

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

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

Public forums & uncivil behavior

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

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

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

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

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

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

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

American Medical Association statement on drug policy and marijuana legalization

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

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

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

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

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

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

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

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

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

Public Comment

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

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

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

                        P.O. Box 43080

                        Olympia, WA  98504-3080

Public Hearing:     December 11, 2013

1000 foot buffer 

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

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

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

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

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

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

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

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

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

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

News reports about liquor privatization and DUI cases are misleading

The recent headline: Fall of DUI Cases Continues after Liquor Sales Privatization is misleading.  As is the case with most changes to public policy, it is difficult to make a direct correlation between the change in alcohol policy with a change in DUI cases within a year of the change taking place. 

Are police staffing issues related to a decrease in DUI arrests?

Most of the article states that the privatization of liquor sales after the passage of I-1183 has had no affect on arrests for driving under the influence (DUI).  However, when you reach the end of the article it states:

A spokesman for the state patrol urged caution about drawing correlations between DUI arrest and collision rates and broader public behavior.

"The biggest reason for arrest data to change is police staffing," said the patrol's Bob Calkins.

Did the increase in liquor prices affect consumption?

We know that the price of alcohol has an impact on how much is consumed.  Along with privatization, liquor prices in our state increased. It may be that the increase in price balanced with the increase in availability and prevented an increase in consumption. 

Do other new policies decrease the amount of time police spend on the roads?

A decrease in DUI arrests could mean that police officers don’t have the time to arrest more drunk/high drivers because of the time it takes for them to process each case.  From the time a person is pulled over for a possible DUI violation, it takes about four hours to process the DUI.  

Why does it take so long?  Watch this video to find out: 

• Recent legislation requires officers to impound vehicles, increasing the officer’s time on the DUI case because he/she has to wait for a tow truck.
• With marijuana related cases and breath test refusals, officers are encouraged to obtain blood tests.  This means that officers need to take DUI suspects to hospitals for blood draws.
• A recent court decision mandates that officers obtain warrants for each blood draw.  Contacting a judge, especially at night, adds a lot of time to the process.

Extra time spent processing a DUI means less time out on the road finding DUIs.

Will final numbers tell a different story?

DUI data for 2012 are still preliminary. For example, the Fatality Analysis Reporting System (FARS) from the National Highway Traffic Safety Administration, which tracks fatality collisions, is still receiving crash reports for 2012 and their data won’t be finalized until January 1, 2014.  Other data sources are the same – reporting and data analysis lag behind DUI incidents. 

Medical marijuana comments due November 8

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

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

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

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

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

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

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

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

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

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

November legislative work sessions regarding alcohol & marijuana

In November, two legislative committees will meet to discuss issues related to state alcohol and marijuana policy.  Committee meetings are usually available to watch online at http://www.tvw.org/.

November 22, 1:30 p.m.

House Government Accountability & Oversight Committee Meeting

Agenda:

~ Streamlining Liquor License Issuance Fees & Taxes

~ Market Conditions and Impacts on Former Contract Liquor Stores & Former State Liquors

~ Update on I-502 Rulemaking by Liquor Control Board

November 22, 8:00 a.m.

Senate Commerce & Labor Committee Meeting

Agenda: Implementation of I-502

What does the latest Gallup poll say about marijuana policy?

A recent Gallup poll asked Americans, "Do you think the use of marijuana should be made legal, or not?" and 58% said yes.

Since the wording of the question asks about the use of marijuana, many Americans could be thinking that marijuana use should be decriminalized -- that people should not go to jail if they simply use marijuana.  This is different than full commercial legalization.

Gallup did not ask, "Do you think marijuana should be commercialized like alcohol and tobacco?"  Both (highly regulated) industries market to children and heavy users.  Is that what Americans want with marijuana, too?

The Gallup webpage about the poll concludes by stating:


It has been a long path toward majority acceptance of marijuana over the past 44 years, but Americans' support for legalization accelerated as the new millennium began. This acceptance of a substance that most people might have considered forbidden in the late 1960s and 1970s may be attributed to changing social mores and growing social acceptance. The increasing prevalence of medical marijuana as a socially acceptable way to alleviate symptoms of diseases such as arthritis, and as a way to mitigate side effects of chemotherapy, may have also contributed to Americans' growing support.

Whatever the reasons for Americans' greater acceptance of marijuana, it is likely that this momentum will spur further legalization efforts across the United States. Advocates of legalizing marijuana say taxing and regulating the drug could be financially beneficial to states and municipalities nationwide. But detractors such as law enforcement and substance abuse professionals have cited health risks including an increased heart rate, and respiratory and memory problems.

I bolded the last two sentences because they are especially relevant to substance abuse prevention advocates.

• As we know in our state, marijuana taxes are not going to be financially beneficial for municipalities.  In fact, municipalities are asking the state for more money to implement and enforce the new marijuana system.

• If the message that Gallup and others are receiving from substance abuse prevention advocates is that the reason we are against legalization is because of "increased heart rate, and respiratory and memory problems", we have a lot of work to do to get our messages out to the public.

Liquor Control Board adopts rules for new marijuana system

From the Liquor Control Board:

OLYMPIA – The Washington State Liquor Control Board (WSLCB) today filed the CR103 for Initiative 502.  Filing the CR103 is the formal procedure for adoption of the proposed rules for the implementation of I-502 and the final step in the rulemaking process. These rules will serve as the basis for Washington’s newly created recreational marijuana market and are the result of 10 months of research and public input. Thirty days after adoption the rules will become effective, November 16.

“Over these last several months have put together a comprehensive system of rules which will serve as the foundation for this new industry,” said Board Chair Sharon Foster. “This has been a very open process of rule-making with public involvement each strep of the way. We appreciate all the support and involvement we’ve had from Gov. Inslee, local officials, law enforcement, industry members and Washington citizens along the way.”

Later this month, to align with federal guidelines, agency staff will file emergency rulemaking to modify the way the 1,000 foot distance between marijuana locations and the listed exclusion zones is measured. The method of measuring will change from “most common path of travel” to “shortest straight line” from property line to property line.  

The agency will open a 30 day licensing window for all three license types (marijuana producer, processor and retailer) on November 18. The WSLCB’s Marijuana Licensing Unit is holding a series of seven educational seminars across the state to help potential applicants navigate the licensing process.  

For more information regarding the implementation of I-502 including summaries of the law and rules, answers to frequently asked questions, or to sign up for an educational seminar please visit the WSLCB website at www.liq.wa.gov

Liquor Control Board seeks public comments about medical marijuana

From the Washington State Liquor Control Board:

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

Recommendations due to Legislature by January 1, 2014

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

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

Date (2013)             Milestone

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

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

Minors make up 24% of current marijuana market

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

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

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

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

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

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

This is what marijuana looks like

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

Winner: "Best Concentrate"
Contains 66.4% THC

Second Place: "Best Concentrate"
Contains 58.5% THC

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

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

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

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

Judiciary Committee Hearing: Sheriff Urquhart's comments

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

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

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

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

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

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

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

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

Learn about plans for spending marijuana tax revenue

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

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

Who should  attend:

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

Dates and Locations:

Please RSVP for the locations below at https://www.surveymonkey.com/s/I-502CommunityForumRSVP.  Seating is limited to approximately 100.

• Yakima – October 2, 2013 – 1:00 p.m. – 3:00 p.m.
• Spokane – October 3^rd – 11:00 a.m. – 1:00 p.m.
• Seattle – October 4, 2013 – 2:00 p.m. – 4:00 p.m.
• Vancouver – October 8, 2013 – 1:00 p.m.-3:00 p.m.
• Webinar – October 9, 2013 – 1:00 p.m. – 3:00 p.m. 

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

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

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

DOJ memo: prevent the distribution of marijuana to minors

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

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

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

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

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

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

Here are some examples.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Concerns expressed by Committee members included:

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

Jim Cooper testified that:

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

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

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

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

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

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

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

Marijuana-infused foods: how much is one serving?

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

Cake pops
Photo by: JORDAN STEAD / SEATTLEPI.COM

Twinkies knockoff
Photo by: JORDAN STEAD / SEATTLEPI.COM

Strawberry lemonade
Photo by: JORDAN STEAD / SEATTLEPI.COM

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


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

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

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

Public hearing schedule for I-502 proposed rules

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

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

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

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

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

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

Rules Coordinator

Liquor Control Board

P.O. Box 43080

Olympia, WA 98504-3080

rules@liq.wa.gov

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