Washington Medical Marijuana Society

Washington Patients Now Have Better Access To Medical Marijuana

2010-06-10T22:28:00.001-07:00

Starting Thursday, June 10, Washington residents with terminal or debilitating medical conditions will have better access to getting authorized to use medical marijuana, a prominent Democratic legislator has announced.

Washington's newest improvement on the medical marijuana program expands the number of health care providers who are legally allowed to recommend medical marijuana to patients, according to its sponsor, state Senator Jeanne Kohl-Welles (D-Seattle).

Until now, only medical doctors could legally authorize patients to use cannabis medicinally in Washington State. Senate Bill 5798, Kohl-Welles, now extends the ability to authorize the medical use of marijuana to other licensed health professionals who are authorized to prescribe controlled substances.

Professionals who may now authorize medical marijuana use include naturopathic doctors, advanced registered nurse practitioners, physician assistants and osteopathic physician assistants.

"Many patients rely on medical professionals other the MDs and ODs," Kohl-Welles said. "To remain committed to Washington voters' long commitment to medical marijuana for qualifying patients, we must allow additional medical professionals to recommend medical marijuana."

Photo: Senate Democrats WA

State Sen. Jeanne Kohl-Welles sponsored SB 5798, which expands the number of healthcare professionals who can authorize medical marijuana

"This bill will provide real relief to those who are suffering, particularly those who live in rural areas and low-income individuals who typically see advanced nurse practitioners rather than MDs," Kohl-Welles said.

"Providing this relief honors the will of the voters who overwhelmingly approved the medical marijuana initiative in 1998," Kohl-Welles said. "It will not make marijuana more readily available to non-qualifying individuals."

"Allowing responsible health care professionals to also recommend medical marijuana -- a substance far safer and less addictive than many Schedule II opiates -- simply makes sense," said legislative analyst Robert J. Capecchi of the Marijuana Policy Project (MPP).

"Furthermore, many patients, especially those in rural areas, have limited access to physicians, so they receive their health care from other professionals, such as advanced practice registered nurses," Capecchi said. "With this important change, access to a physician will no longer be a prerequisite to obtaining a medical marijuana recommendation."

"It is always a good day when legislators and executives listen to logic and reason and pass sensible marijuana policy," Capecchi said.

"Kudos for this new law can be directed at bill sponsor Sen. Jeanne Kohl-Welles, and the 85 dues-paying members of the Cannabis Defense Coalition, who worked to promote this low-profile legislation," said CDC spokesman Ben Livingston.

You can read the entire text of SB 5798 as it was signed into law by Gov. Gregoire here (PDF).

Toke of the Town: Washington Patients Now Have Better Access To Medical Marijuana

Seattle Marijuana Liberation March May 1, 2010

2010-04-30T21:24:00.001-07:00

Marijuana March in Seattle • May 1, 2010

Volunteer Park 1 pm

March to Westlake at 2:30 pm

Rally at Westlake Center until about 7:30 pm

Jack, this 420 one's for you! SPREAD THE WORD!

Don't live in Seattle? Find the details for the march nearest you.
More than 300 cities worldwide!
Details at Toke of the Town
Upcoming Marijuana March Reaches Goal Of 300 Cities

UW Looking For Marijuana 'Addicts'; Will Pay $150

2010-03-04T16:49:00.000-08:00

Ever known someone who wanted help quitting pot? Me neither.

By Steve Elliott at Toke of the Town

They might have an easier time finding unicorns.

The University of Washington says it is looking for people who want to quit pot.

The UW School of Social Work's Innovative Programs Research Group is looking for 70 "marijuana-dependent adults" in the Puget Sound area to participate in a clinical research trial testing approaches for people who want to stop using cannabis, reports KING5.com.

The university says research has shown that nearly 3.6 million Americans use pot on a daily basis.

Unfortunately, UW then puts its reputation as a center of higher learning in serious danger by absurdly claiming that "between one-third and one-half of those are dependent."

I'd love to know where the University of Washington got those numbers, but since they seem to have only the most tenuous of connections to shared reality, I'm guessing they're from the "pull fake statistics out your ass" school of thought, sub-variety "I'll say anything to get one of those fat government NIDA grants."

"When people smoke marijuana they don't intend to become dependent on it, but marijuana becomes pervasive over time," said Cynthia Shaw, project director of what they're calling the "Marijuana Counseling Project."

"People work hard in treatment programs, and many stop or reduce their marijuana use while in treatment but lose ground quickly once they leave treatment," said Shaw, who obviously has very little real-world experience with -- or, apparently, even casual knowledge of! -- marijuana.

What Shaw didn't mention -- and I'm sure it was just an "oversight," umm hmm -- was that nearly all those people in rehab programs "working so hard" to quit marijuana were forced into those programs under threat of being thrown in jail.

The judge says "Go to Narcotics Anonymous and tell them you're a pot addict, or else go to jail." Bingo! Instant marijuana addicts! Works like a charm.

In any event, the Marijuana Counseling Project will test two nine-session counseling "proven treatments" (is your bullshit detector going off? I know mine is going crazy), "a blend of motivational enhancement therapy and cognitive behavioral therapy."

Participants will be offered additional counseling sessions "as needed," and half will be randomly assigned to receive post-counseling "checkups," which may well be a synonym for "piss tests."

To be eligible, volunteers must be at least 18, "want help in stopping marijuana use," and be willing to travel to Seattle's University District for "counseling."

Oh, and if you need a little additional "motivation" to claim you "want help in stopping marijuana use," they'll pay you to say so. Participants will receive $50 for each of two post-counseling interviews, and an additional $50 incentive if they complete both.

Let's see, that $150 would get me half an ounce...

If you are interested in fleecing these poor credulous academics by participating in their sham "study," or if you have questions about it, call Cynthia Shaw at (206) 616-3235 between 9 and 7 Monday-Thursday or 9-5 Friday, or email mcpsvcs@uw.edu.

Is The Washington Legislature Really 'Too Busy' To Protect Medical Marijuana Patients?

2010-02-22T16:20:00.000-08:00

Artwork: Jimmy Wheeler
The late Jimmy Wheeler, a medical marijuana patient in Washington, created this artwork. Now a proposed patient protection bill will be named in his honor.

By Steve Elliott at Toke of the Town

As most medical marijuana patients in the state already know, the current medical marijuana law in Washington doesn't protect patients from search, arrest or prosecution.

The recent Washington Supreme Court ruling in State v. Fry further highlighted how little protection -- as in almost none! -- the current law gives "legal" patients.

Medical marijuana activists Ken Martin and Steve Sarich of patient advocacy group CannaCare contacted every Senator and Representative in Washington at the beginning of the current 2010 legislative session, attempting to find a sponsor for their new bill that would finally offer legal patients protection from arrest and prosecution.

"We could not find a single sponsor for this bill," Sarich told Toke of the Town. "Those I actually spoke with told me they were 'too busy' this session."

"This made us curious about what, exactly, these legislators were so busy working on (besides new taxes on just about everything)," Sarich said. "What we found amazed us."

"Here are just a few of the bills that our legislators believed were more important than protecting sick and dying patients in Washington," Sarich said.

XB 6255
Concerning mute swans.

SB 5192
Allowing dogs in bars.

SB 6207
Allowing local governments to create golf cart zones.

SB 6284
Recognizing Leif Erickson day.

HB 1024
Designating Aplets and Cotlets as the state candy.

XB 6128
Concerning taxation of little cigars.

HB 1137
Protecting landowners' investments in Christmas trees.

SB 5011
Prohibiting the sale or distribution of certain novelty lighters.

HB 1638
Concerning colon hydrotherapy.

HB 1993
Allowing fishing license holder to use two poles in selected state waters.

"Perhaps these bills are truly important to some people," Sarich allowed. "That said, I think it's insulting to tell patients that making Aplets and Cotlets the official state candy is more important than keeping patients from being searched, arrested and prosecuted."

Medical Marijuana Lobby Day: Wednesday, February 24

"It's time to send the message to our elected officials, and Medical Marijuana Lobby Day is the opportunity to do that!" Sarich said. "Show up and have your voice be heard."

"We are gathering at 1 p.m. on the north stairs of the Legislative Building," Sarich said. "We'll have white booths there with literature, posters and special medical marijuana patient scarves with buttons that say "STOP ARRESTING PATIENTS."

According to Sarich, the goal is to educate legislators, "let them know we are voters and activists," to to gather legislative sponsors for the "Patient Protection Act" for the 2011 legislative session.

"The bill will be named the 'Jimmy Wheeler Memorial Patient Protection Act' in honor of my friend and longtime activist who was providing medical marijuana to patients before there there was legal medical marijuana," Sarich said.

"Jimmy died recently without ever seeing patients free from arrest and prosecution in his lifetime," Sarich said. "Please ask yourself how many more of us have to die before they realize we are not criminals."

"How many patients need to be persecuted before our elected officials provide us with the same protections offered to the rest of the disabled and terminally ill patients in this state?" Sarich asked. "I'm tired of being a second class citizen!"

"We will do our best to arrange transportation for you to this historic event," Sarich said.

For more information, contact Ken Martin at (509) 235-5485 or Steve Sarich at (206) 407-3017.

Victory In Washington: Jury Finds Medical Marijuana Patient Not Guilty

2010-02-18T18:16:00.000-08:00

By Steve Elliott in Toke of the Town

Once again, a jury has seen through the lies and distortions and found a medical marijuana patient not guilty.

Washington state jurors Thursday afternoon found Cammie McKenzie, who grows marijuana to treat her chronic back pain, not guilty of all charges in a case where prosecutors tried to portray her as a drug dealer.

The prosecution's unsuccessful case was notably nasty, even for a medical marijuana arrest in a state where some law enforcement officials have been slow to adjust to the legalization of medicinal cannabis passed by voters in 1998.

"This case is not about medicine. This case is about money," Snohomish County Deputy Prosecutor Matthew Baldock said in his opening statements Tuesday. "The defendant was masquerading as a marijuana patient and was in reality a drug dealer, no question."

One can only imagine the incensed reaction of Snohomish County's good voters when they realize their scarce tax dollars are being wasted on foolishness like this.

Prosecutors and narcotics detectives claimed McKenzie, 24, was using her medical marijuana authorization as a front for an illegal pot farm at her home in Bothell, Washington, reports Diana Hefley of the Everett Herald Net.

McKenzie said that prosecutors based their case on the word of her former roommate, a "known drug dealer" who was promised he wouldn't be prosecuted if he testified against McKenzie.

Jurors ultimately didn't buy the prosecution's claims and declared McKenzie not guilty of manufacturing marijuana, which is a felony.

Baldock called two witnesses, both detectives with the Bellevue-based Eastside Narcotics Task Force in his case against McKenzie.

Defense attorney Natalie Tarantino asked the judge to throw out the charge against McKenzie due to a lack of evidence, including the state's failure to prove beyond a reasonable doubt that her client is, in fact, the person charged with the crime.

Superior Court Judge George Appel denied that motion, instead allowing Baldock to bring a detective back on the stand to testify to the defendant's identity.

Jurors were shown a copy of a driver's license picturing Cameron Scott Wieldraayer. That was the defendant's name before she changed her gender and her name. The detective identified the person on the driver's license as McKenzie.

McKenzie herself took the stand Wednesday, testifying at length about marijuana growing methods. She currently runs an Internet business selling growing equipment.

The defendant explained how medical marijuana alleviates her symptoms. Marijuana "stops the brain from acknowledging the pain," allowing her to function, she said.

McKenzie told jurors she consumes up to a quarter-ounce a day. She adamantly denied that she was selling marijuana or using her grow operation to make a profit.

Washington Legislature Drops The Ball (Again) On Marijuana Decrim

2010-02-17T15:05:00.000-08:00

Never mind what the people of Washington want. The Legislature thinks pot is just too scary.

By Steve Elliott at Toke of the Town

Cowardly career politicians, out of touch with their own constituents and terrified of being branded "soft on drugs," have once again dropped the ball on decriminalizing marijuana.

Senate Bill 5615, which would have freed up Washington's criminal justice resources by making adult possession of small amounts of marijuana an infraction carrying a fine, rather than a misdemeanor carrying mandatory jail time, failed to get a vote in the Washington State Senate Tuesday.

"This means efforts to address adult marijuana use through a civil, public health approach, rather than a failed criminalization approach, have died for the 2010 legislative session," said Alison Holcomb, drug policy director, ACLU of Washington.

"The ACLU of Washington is disappointed by the Legislature's failure to pass this bill despite strong and consistent public support for it," Holcomb said.

"An overwhelming majority of Washington voters support the modest change proposed by SB 5615 -- a change already made in 13 other states, 11 of them as long ago as the 1970s, with no adverse impact," Holcomb said.

According to Holcomb, studies in those states demonstrate no increase in marijuana use among adults or youth, results echoed in jurisdictions like Seattle, where adult marijuana possession has been the lowest law enforcement priority since 2003.

"In 2008, police and prosecutors filed 12,428 cases involving misdemeanor marijuana possession by adults in Washington courts -- using funds that would be far better spent addressing other priorities, including violent crime," Holcomb pointed out.

"The Washington State Office of Financial Management estimated that SB 5615 and its companion HB 1177 would have made approximately $15-16 million in scarce public safety dollars available to combat true public safety threats, and would have directed significant resources to sorely needed, state-funded treatment and protection services," Holcomb said.

"We applaud Sen. Jeanne Kohl-Welles, prime sponsor of SB 5615, for her tireless efforts to advocate for sensible reforms grounded in reason, science, and fiscal responsibility," Holcomb said. "And we hope our Legislature will get the electorate's message in 2011 and pass marijuana decriminalization legislation."

"It's time to stop wasting money on arresting and jailing adults for marijuana use and invest instead in proven prevention and treatment programs," Holcomb said.

WA Corrections Head Covers Up For Misbehaving Anti-Pot Officers

2010-02-10T08:16:00.001-08:00

Graphic: thefreshscent.com
OK, quick: You're head of the Department of Corrections. Officers under you misbehave and improperly arrest a medical marijuana patient. What do you do? Lie and cover up for them, if you're Eldon Vail of the Washington DOC.

By Steve Elliott in Toke of the Town

The head of the Washington Department of Corrections (DOC), Eldon Vail, seems to put a lot more effort into covering up the lousy job his subordinates are doing, than in actually doing his own job.

The Washington DOC, following the example of the not-cool Attorney General Rob McKenna, is already notorious for its extremely hard line against the use of medical marijuana for individuals on probation.

Now, newly revealed documents show that Vail and the DOC have been involved in misconduct, cover-ups, and possibly outright law-breaking, reports Lee Rosenberg at the highly recommended Seattle political blog, Horses Ass.

Photo: Joel Sanders

Lee Rosenberg broke the story at Seattle political blog Horses Ass

Kathy Parkins, a medical marijuana patient from Washington who has fibromyalgia, spent some time visiting in Southern California in 2007. She decided to make a trip into Arizona to visit a friend before heading back up to Washington for Thanksgiving.

Along the way, on November 14, 2007, she was stopped at a Border Patrol checkpoint just after crossing the Arizona state line.

Arizona is not a medical marijuana state (it passed a law by voter initiative in 1996, but the law requires federal approval before it takes effect), so Parkins was arrested and faced three marijuana charges after a drug-sniffing dog located less than a quarter-ounce she had in her possession.

Parkins didn't make it home for Thanksgiving. Instead, she spent more than three weeks in an Arizona jail before finally being released in January 2008. She had to return to Arizona several times, and at considerable expense, for court appearances.

Parkins was eventually sentenced to probation by an Arizona judge.

In order for Parkins to spend her probationary period at home back in Washington, an Interstate Compact was required. These are agreements between states to have someone on probation move from one state's supervision to another, and I can tell you from personal experience they are a real bureaucratic pain in the ass.

What neither Parkins nor her Arizona probation officer realized was how the Washington DOC was trying to fight its own battle against medical marijuana users and the law passed by Washington's voters in 1998.

When she was allowed to return to Washington, Parkins moved in with a fellow medical marijuana patient named Carla Cole, who had heard about Parkins' predicament and volunteered to help.

Improper Arrest

In May 2008, hours after Parkins got an updated medical marijuana authorization from Dr. Bethany Rolfe, Community Corrections Officer (CCO) Jeremy Praven, along with another officer, conducted a "home inspection" at Cole's West Seattle residence and discovered Cole's small legal garden of nine cannabis plants.

Praven then contacted Seattle Police. When the cops arrived, they determined Cole's small grow operation was completely legal, apologized to Cole for bothering her, and took no action other than filing a routine report.

Then a third Corrections officer, Michael Schemnitzer, arrived at Cole's residence.

"While the CCOs were in my home, one very young man said to me, a retiree in my 60s, and poor Kathy who is visibly pained and stressed, 'I don't care about her and I don't care about her problems and I don't care about you and I don't care about your problems," Cole wrote in a complaint email to the DOC the day after the arrest.

Cole's email complaint continued:

Then your guys came back with a new guy who chose to speak to Kathy SO RUDELY and with such contempt I just had to add "Please" to his command for her to descend the stairs. This was in my home, and I naturally feel a right to ask people to behave in a civil way there.

Then, he said that because I said "please" he was going to take her in, which he did. I told him his cruelty does not become him and I'm telling you the cruelty of your staff does not become you. To make me feel like I sent my friend to prison because I asked her to be treated with kindness in my home - someone who has committed no real crime at all - is just so mean I'm speechless.

After being arrested by Schemnitzer, Parkins spent a week in King County Jail with no charges and no hearing. Her health continued to deteriorate as she tried, unsuccessfully, to get information about her case.

All week long, her friend and housemate Cole sent frantic emails to elected officials and DOC employees, trying to find out what has happening.

Six days after the arrest, on the evening of May 27, Cole sent emails to several people in the media. The very next day, DOC officials began looking into the situation, and on May 28, Parkins was finally released from custody.

DOC Field Administrator Donta Harper admitted in an internal email, obtained by the Cannabis Defense Coalition under a Freedom Of Information request, than the CCOs had no authority to detain Parkins in the first place, because at the time she was still under the supervision of Arizona probation officials.

Harper followed up the next day by sending a letter to Washington Governor Chris Gregoire, admitting fault in the arrest.

A few days later, after several attempts to follow up with officials in both Arizona and Washington, Parkins discovered a nationwide arrest warrant had been posted for her from Arizona, based upon a denial of the Interstate Compact agreement filled out by Officer Praven.

Falsified Paperwork

When an Arizona official, in June 2009, read Parkins the paperwork Officer Praven had filled out after her arrest and sent to Arizona, she discovered it contained a number of inaccuracies and outright falsehoods.

That same day, the Washington DOC notified Arizona probation officials to cancel the nationwide warrant. They were now rescinding their initial denial of the Interstate Compact, they said; Parkins could now stay in Washington and apply to use medical marijuana while on probation.

Despite repeated attempts, Parkins was unable to obtain a copy of the Interstate Compact denial filled out by Officer Praven. She said DOC officials claimed it was lost.

She had still never seen the document until a few weeks ago, when CDC obtained the document as part of their information request.

And when she finally saw Officer Praven's paperwork, she realized it contained many falsehoods.

Ms. Parkins has no family ties in Washington. She stated that she wanted to live in Washington because of the marijuana laws.

Parkins was in fact born and reared in Washington, has two grown children in the state, and a grandchild born while she was in an Arizona courtroom. And she says she never said anything about "wanting to live in Washington because of the marijuana laws."

Ms. Parkins was living with individuals from the Marijuana Growers Association of Washington.

Neither Cole nor Parkins has any idea how Officer Praven came up with this claim. No such organization exists, according to everyone else involved.

'Open Hostility' To Medical Marijuana Law

So what we're left with is this:

On May 21, 2008, CCOs Jeremy Praven and Michael Schemnitzer improperly arrested Parkins; Praven then filed a report with both falsehoods and intentionally misleading statements, attempting to have her sent back to Arizona, a state where she has no family and has never lived.

Parkins still held out hope that once her doctor filed the necessary paperwork, she'd be allowed to use medical pot. But only July 23, 2008, two months after her arrest, the DOC denied her request to use the medicine that she'd been legally using for years before they had her improperly arrested.

Lee Rosenberg sums it up best at Horses Ass:

The entire situation had become surreal. A person who broke a law in Arizona -- for something that's completely legal here [in Washington] -- was now being harassed for engaging in that legal activity, despite the fact that even the officials in Arizona seemed indifferent to her medical marijuana use while she was back in Washington... At this point, it's clear that the DOC was denying medical marijuana use based on an open hostility towards the voter-approved law...

Cole demanded the CCOs involved in Parkins' arrest be reprimanded for their behavior during and after the bust. After several failed attempts, she sent a letter directly to the head of the Washington DOC, Eldon Vail.

This past May a recent tenant and friendly acquaintance who, like me, is authorized in Washington to use marijuana medicinally, was visited here by your Community Corrections Officers. The friend, [Kathy Parkins] is on an interstate compact probation from Arizona, which she thought was also a medical marijuana state, but isn't.

She was roughly and unfairly removed from my home to the county jail downtown where she spent a truly miserable week with no contact from you whatsoever. The paperwork was filled with inaccuracies, and further moves by her CCO, Jeremy Praven in West Seattle, seem also to be filled with fabrications and are utterly unworthy of any decent government.

The Cover-Up

Photo: The Associated Press

Eldon Vail "leads" the WA DOC by lying and covering up the misdeeds of his subordinates

When Vail finally responded -- nearly three months later, on February 20, 2009 -- the DOC was still refusing to release the falsified document to Parkins, and, as revealed by Rosenberg's investigative reporting, Vail attempted to cover up what his officer had done:

A review of jail records and discussion with staff indicates that Ms. Merry-Perkins [sic] was booked into King County Jail without any appearance of physical injury. Through a review of her field file, discussion with the assigned CCO and the unit supervisor, there is no evidence to support your statements that the CCOs inaccurately filled out paperwork or fabricated her supervision paperwork from Arizona.

Ten months later, in December 2009, due to the CDC's information request, the document the DOC had been trying to hide finally came to light -- and it proves that Vail lied to cover up for the actions of CCO Jeremy Praven.

Parkins was finally authorized, in January 2009, to use medical marijuana while on probation -- one of only two patients in the state allowed to do so.

.......

Documents Available for Public Inspection

The Cannabis Defense Coalition has uploaded for public inspection all the documents obtained from the Department of Corrections.

The complete PDF files are rather large -- 45 megabytes for installment one, 23 megs for installment two, and 19 megs for installment three. The documents are also split into smaller files for easier download. All of the PDF files are searchable.

Seattle Hempfest Launching Membership Program At Member's Social Feb. 20

2010-02-06T15:31:00.000-08:00

By Steve Elliott in Toke of the Town

Photo: NORML

Seattle Hempfest crowd at 2009's event enjoys the beautiful setting and good vibes at Myrtle Edwards Park

With unprecedented Pacific Northwest activity on the cannabis law reform front, and at the request of Hempfest supporters, the world's largest marijuana event, Seattle Hempfest, is launching a new membership campaign to promote cannabis education and social networking throughout the year.

Prospective members are invited to the February 20 kickoff at Columbia City Theater in Seattle, the first of many events to socialize and discuss the latest in pot reform with local activists, attorneys and cannabusiness entrepreneurs.

Saturday, February 20, 2010

7:30 pm - 11 pm

Columbia City Theater

4916 Rainier Avenue, South

Seattle, WA 98118

$25 and up membership purchase gains entry to this and all year-round Hempfest events

(21 and over)

Kristine Paulsen/Seattle Post-Intelligencer

Women dressed as fairies share in the happiness at Seattle Hempfest, 2008

Hempfest's new membership program is an opportunity for greater community involvement, at a time when there has never been such momentum for change.

Hempfest membership is a way for members of the community to stay informed, while hooking up with the other people who share their views on changing marijuana laws, according to Hempfest Executive Director Vivian McPeak.

"This is a great opportunity for members of our community to get plugged in, have their questions answered, and network with the movers and shakers of the movement," McPeak said. "We plan to host these and other events throughout the year to empower and inspire our growing membership."

Members Get Access

In addition to free access to educational, social, political and musical events, Hempfest members get private access to an online social network, where they can mingle with fellow movement members, access exclusive news, blogs, video content, chat rooms, and discussion forums, on topics like marijuana legalization, Seattle Hempfest bands for next year's lineup, and member events and parties.

Members also get access to information with Hempfest's quarterly members' newsletter and periodic movement updates.

They can also sign up for Hempfest's Rapid Response Network emailings for when there is a call to action in the struggle for reform.

But the ultimate access is at the Seattle Hempfest itself, where Hempfest members get exclusive, "no wait" access to the event via the member's entrance, and to backstage tours or the celebrity after-party for VIPs.

The Cost Is Cheap, And It's A Good Cause!

The membership packages, priced at $25, $50, and $150, include free access to all events and online resources, and special collector, membership, or pre-event shirts.

Memberships are available at Hempfest.org/membership/ or can be purchased at the door at the event.

For more information call (206) 781-5734 or visit Hempfest.org.

WA: 'Old Generation' Kills Pot Legalization Bills; Measure May Let Voters Decide

2010-01-27T17:20:00.000-08:00

By Steve Elliott in Toke of the Town

For the first time ever, the Washington Legislature looked at not one, but two bills to reform marijuana laws in the state. And although both were voted down in committee, advocates say marijuana legalization is still alive, with an initiative campaign trying to get a measure on the ballot in November, reports Matt Phelps of the Kirkland Reporter.

"My motivation was to get the criminals out of the business and stop the harm that the current prohibition is doing," said Rep. Roger Goodman (D-Kirkland), who cosponsored House Bill 2401 with Rep. Mary Lou Dickerson (D-Seattle).

"Many polls in Washington and nationwide show a favorability toward decriminalization," Goodman said.

HB 2401 would have legalized and regulated marijuana in Washington, but it failed to get out of the House Public Safety & Emergency Preparedness Committee on a 6-2 vote.

Photo: www.leg.wa.gov

Rep. Roger Goodman: "Some politicians are of the old generation on this"

"Some politicians are of the old generation on this," Goodman said. "They don't understand the purpose of regulating it."

Goodman's bill would have put marijuana for sale -- with a heavy tax -- in state liquor stores.

According to the lawmaker, legalization would make it easier to control marijuana.

"Why wouldn't you want to get criminals out of business?" asked Goodman.

House Bill 1177, which would have reduced penalties for marijuana possession, known as "decriminalization." It was also voted down in committee, 5-3.

Goodman said that legalizing marijuana could raise as much as $300 million a year for the state.

The issue of legalizing and regulating marijuana in Washington remains alive with the Sensible Washington initiative, which needs more than 241,000 signatures to be on the ballot in November.

"It will be very easy to get those signatures," Goodman said.

Photo: Douglas Hiatt

Activist/attorney Douglas Hiatt: "Volunteers are lining up"

Douglas Hiatt, a Seattle lawyer and marijuana activist who is sponsoring the legalization initiative, said volunteers are lining up to collect signatures.

Former state representative Toby Nixon, now a commissioner for King County Fire Protection District 41, is one Republican who supports legalization.

"I think it is unfortunate that the state legislature is so clearly behind the opinion of the state," Nixon said. "Most people I talk to share my opinion."

"Very few people I talk to, including strong conservatives, tell me I am flat out wrong," Nixon said. "I think people understand it is a better way to control the problem. But the initiative that is circulating will show us exactly how people feel."

A recent poll on the Kirkland Reporter website showed more than 70 percent of respondents favoring the legalization of pot.

WA Supremes: No Matter If You're A Marijuana Patient, Cops Can Search And Arrest

2010-01-21T19:27:00.000-08:00

By Steve Elliott in Toke of The Town

Graphic: thefreshscent.com

If you're a legal medical marijuana patient in Washington and you thought your doctor's recommendation protected you from search or arrest, you're wrong. According to a new court ruling, you can be arrested and hauled into court every time an officer smells pot at your home -- even if you are complying with the law.

In a sharply divided decision, the Washington Supreme Court Thursday ruled against a patient arrested for possessing marijuana -- despite the fact that the patient had a doctor's recommendation for medicinal pot.

Incredibly, the court found that police had probable cause to search the patient's home, even after he presented what both he and the police believed to be a valid medical marijuana authorization form under Washington's medical marijuana law.

"Possession of marijuana, even in small amounts, is still a crime in the state of Washington," Justice James Johnson wrote in the lead opinion. "A police officer would have probable cause to believe Fry committed a crime when the officer smelled marijuana emanating from the Frys' residence."

Justice Richard Sanders dissented on that point, saying such an analysis would neuter the state's compassionate use law, passed by voters in 1998, reports Gene Johnson of The Seattle Times. While the law does create a defense against marijuana charges to be used at trial, he said, it also states that qualifying patients "shall not be penalized in any manner, or denied any right or privilege" for using marijuana under the act.

Under the court's ruling, a patient could be searched, arrested and hauled to court every time an officer smells marijuana at his or her home, even if they were complying with the medical marijuana law, Sanders argued.

Photo: NORML

Alison Holcomb, ACLU: "This ruling is disappointing, as the citizens of Washington have clearly expressed support for the rights of patients who are suffering to use marijuana for medicinal purposes"

"This ruling is disappointing, as the citizens of Washington have clearly expressed support for the right of patients who are suffering to use marijuana for medicinal purposes," said Alison Holcomb, ACLU of Washington drug policy director.

"This ruling shows that police may search and arrest a patient even though he has his doctor's authorization for the medical use of marijuana," Holcomb said.

"As interpreted by the court, all Washington's medical marijuana law provides is a defense patients can raise at trial -- after having been subjected to the stress and stigma of arrest and criminal charges," Holcomb said. "Patients acting in good faith on their doctor's advice should not have to fear arrest."

Wednesday's ruling arose from the case of patient Jason Fry, a resident of Stevens County. In December 2004, members of the sheriff's department went to Fry's home with what they called "suspicion" that he was growing marijuana.

Upon their arrival, the deputies smelled marijuana, but were denied entry into the home after Mrs. Fry showed them her husband's medical marijuana authorization form. The officers then obtained a search warrant.

After the search, Fry was arrested and charged for marijuana possession.

A trial court did not allow him to raise the defense that he possessed marijuana under Washington's Medical Use of Marijuana Act. The court capriciously ruled that Fry was not a qualifying patient and found him guilty of possessing marijuana; an appeals court unaccountably upheld the conviction.

Even after Fry was subjected to prosecution, the trial court refused to allow him to raise the medical marijuana defense because his doctor had mistakenly authorized the medical use of marijuana for a condition not listed in the law.

In other words, the patient was punished for the doctor's mistake.

The court unfortunately did not address the issue of whether Fry should have been allowed to present the jury with a defense that he reasonably relied on his physician's authorization for the use of medical marijuana.

The court was highly divided, with only four justices signing the majority opinion. In a concurring opinion, four justices asserted that patients should, in general, be able to present a medical marijuana defense at trial. Justice Sanders wrote a dissenting opinion.

Washington's Medical Use of Marijuana Act was adopted by voter initiative in 1998.

Washington Legislature Says No To Pot, Yes To 'Continued Chaos'

2010-01-20T21:14:00.001-08:00

By Steve Elliott in Toke of the Town

Graphic: The Seattle Times

The Legislature in Washington state displayed a trait Wednesday for which they are becoming well known: spinelessness, especially when it comes to marijuana law reform.

Despite the fact that a majority of state voters favor legalizing pot, cowardly politicians in the State House voted down a pair of bills aimed at changing Washington's failed marijuana laws.

House Bill 2401 would have legalized and regulated the adult production, use and distribution of marijuana, in a manner similar to the regulation of alcohol.

The roll call vote on HB 2401, to legalize marijuana, went like this:

Hurst (D) Chair - N
O'Brien (D) Vice Chair - N
Pearson (R) - N
Klippert (R) - N
Appleton (D) - Y
Goodman (D) - Y
Kirby (D) - N
Ross (R) - N

House Bill 1177 was a more limited piece of legislation. It would have reclassified minor marijuana possession cases (less than 40 grams) from a criminal misdemeanor to a fine-only civil infraction. This policy, known as decriminalization, is already the law in more than a dozen states.

The roll call vote on HB 1177, to decriminalize marijuana:

Hurst (D) Chair - N
O'Brien (D) Vice Chair - Y
Pearson (R) - N
Klippert (R) - N
Appleton (D) - Y
Goodman (D) - Y
Kirby (D) - N
Ross (R) - N

The legislative defeats for HB 2401 and HB 1177 came despite nearly two hours of public testimony, nearly all of which was in support of one or both bills.

One light shining brightly in the darkness was Democrat Rep. Roger Goodman, who showed the kind of leadership that seems all too rare in the Washington Legislature these days.

"A 'no' vote... is a vote for prohibition and the illegal markets that it spawns," Goodman said. "A 'yes' vote is a vote for control... A 'no' vote is a vote for continued chaos."

Courtesy of Paul Armentano, deputy director at the National Organization for the Reform of Marijuana Laws (NORML), here are some of the lame excuses legislators gave for voting "no" to marijuana reforms.

Democrat Chris Hurst, committee chair, claimed that as a state lawmaker he is sworn to uphold both state and federal law. Ex-cop Hurst claimed that both proposals would be in violation of the federal Controlled Substances Act. (As pointed out by Armentano, neighboring Oregon was the first state to decriminalize marijuana, in 1973, and has never run afoul of federal law. Additionally, the governments of New Mexico, Rhode Island, Maine and now New Jersey have licensed, or will soon license, the production and distribution of medical marijuana without incident.)

"As a law enforcement officer... on countless occasions I've seen the negative effects of marijuana on people's lives," Republican Brad Klippert said. I would imagine he has, as a law enforcement officer busting people for pot. That's a negative effect of the marijuana laws, though, Brad, not of marijuana itself. (And as Armentano points out, Klippert's "logic" could also be used to outlaw alcohol, tobacco, and fatty foods.)

Republican Kirk Pearson claimed that just by talking about the bills, they were encouraging teens to try marijuana (who knew the Legislature had such influence?). "I don't want to do anything today that would make drug use seem safer to teenagers," Pearson said. (Oh, like telling the truth about marijuana? That wouldn't do, now would it? Additionally, as Armentano points out, by Pearson's own logic he should just shut the hell up.)

Democrat Steve Kirby claimed he really, truly does support the reforms, in theory, but then, weirdly and inexplicably, claimed that such changes in policy "require a vote of the public," not action by the Legislature. (As Armentano reasonably points out, marijuana prohibition was not enacted by a vote of the public.)

Ultimately, though, that public vote on marijuana may take place this November in Washington. NORML Legal Committee member, activist/lawyer Douglas Hiatt of Seattle has filed a voter initiative to legalize cannabis in the state.

If Sensible Washington's petition signature drive is successful, Washingtonians will get a chance to vote on legalization on the November 2010 ballot. A recent statewide poll shows that if the election were held today, pot would be legalized, with 56 percent of the vote.

Washington Lawmakers Snuff Out Marijuana Legalization Bill

2010-01-19T12:35:00.001-08:00

If marijuana is going to be legalized in Washington this year, it will have to be the voters who do it -- because the Legislature won't.

The House Public Safety and Emergency Preparedness Committee is expected to vote down bills dealing with legalization and decriminalization of marijuana, reports Jerry Cornfield at the Everett Herald Net.

Rep. Chris Hurst, chairman of the public safety panel, told Cornfield there aren't enough votes to move either bill out of committee.

While amendments to either bill or both could be proposed Wednesday, Hurst said he doesn't believe enough minds will change to alter the outcome.

With five Democrats and three Republicans on the committee -- and two of the Democrats (Hurst and Rep. Al O'Brien, D-Mountalke Terrace) being former cops, with both saying they will oppose the bills -- neither will likely make it out of committee.

Hurst said votes could have been taken last week at the end of a two-hour hearing on the legislation. Sponsors of the bills asked for time to consider possible changes, in response to criticisms raised in the hearing.

Hurst claims he's pushing to get the matter resolved (as in, hurry up and get these bills killed) to give backers of avoter initiative for marijuana legalization "a clear field" on which to wage their battle.

Many observers of the Washington state political scene believe that blame for the marijuana bills are once again dying in the Legislature due may be rightly placed on Speaker of the House Frank Chopp.

According to multiple, well-placed sources (both inside the Legislature and those observing), Chopp, through a lack of political will and leadership, is the legislator most responsible for the death of marijuana decrim in the last session as well.

A reliable inside source, in a position to know, tells Toke of the Town Chopp doesn't want to force a "controversial" marijuana decrim vote by the entire Legislature, because he doesn't want to force fellow Democrats (in the majority) to vote on pot any time before the 2010 elections.

Chopp's leadership style, or lack thereof, has been a growing source of controversy within progressive Democrats for some time now. Over and over, you see Chopp described as "the most powerful politician in the state," but you'd never guess it from his unwillingness to go out on a limb, to take a stand, to have a backbone.

A Washington State Senate bill decriminalizing marijuana is still alive, though no hearings on it have been scheduled as of Tuesday morning.

New Poll: 56 Percent Favor Marijuana Legalization In Washington

2010-01-15T13:30:00.000-08:00

By Steve Elliott in Toke of the Town

Photo: alapoet

Signage at the Seattle Marijuana March, Washington. A solid majority of Washingtonians support legalization, according to a new poll.

A solid majority, 56 percent, of Washingtonians believe legalizing marijuana is a "good idea," according to a new poll.

The poll of 500 adults in the state, conducted for Seattle TV station KING 5 by SurveyUSA, asked respondents: "State lawmakers are considering making marijuana possession legal. Do you think legalizing marijuana is a good idea? Or a bad idea?"

Thirty-six percent of respondents described legalizing pot as a "bad idea," while eight percent weren't sure. The poll had a margin of error of 4.4 percent.

Almost two-thirds of men, 64 percent, favored legalization, while only 48 percent of women thought it was a good idea.

Support was broad and deep across all age groups from 18 to 64. Only among those 65 or older did support drop to 32 percent, with 64 percent of the 65+ respondents describing legalization as a bad idea.

"Sensible Washington is pleased by these kinds of numbers which indicate a strong willingness among Washingtonians to reform marijuana laws in this state," the group behind a new marijuana legalization voter initiativesaid in a press release.

"And that's just what Sensible Washington is aiming to do with its proposed ballot initiative, filed on January 11, 2009, which would remove all criminal penalties from adult use, possession, and cultivation of marijuana in the State of Washington," the group said.

"Another indicator of just how much attitudes around marijuana have changed in this state in recent years is that a major media outlet such as KING-TV would even spend its own money on having SurveyUSA conduct a poll," Sensible Washington said.

Donations to the Sensible Washington ballot initiative can be made here. Questions about the group and its forthcoming campaign may be emailed to sensiblewashington@gmail.com. You can also add Sensible Washington on Facebook.

Christmas Vigil In Seattle Protests Marijuana Laws; Smug Yuppies Object

2009-12-26T16:30:00.000-08:00

For the past nine years on Christmas Day, 5th Avenue and James Street in Seattle has been at the crossroads of the controversy over marijuana legalization.

As they've done every year in the 21st Century, protesters outside King County Jail held a pro-marijuana vigil, maintaining non-violent drug offenders should be home for the holidays, reports Eric Schudiske of King 5 News.

"We just think that otherwise law-abiding Americans should find alternatives to incarceration for marijuana use," said Vivian McPeak, organizer of the vigil.

Nevertheless, vigil organizer McPeak remains optimistic about the prospects for positive change. "We believe very strongly that we're in the last decade of marijuana criminalization," McPeak said.

Reporter Schudiske, in an apparent attempt to bring "balance" to his story, was predictably able to find some obnoxious anti-drug zealots who defended the practice of locking people up for smoking pot. (Really not too surprising, since Schudiske has been known to smooch a few cop heinies in the past.)

Steve Danishek, some yuppie moron living in the Seattle waterfront, expressed little sympathy for those damn scofflaw pot-smokers.

"They broke the law, they knew the law, they're in jail," a smug Danishek, who seemed offended that protesting hippies were even allowed in his high-rent district, said. "I'm sorry; that's just a choice they made."

So, how does that compare with the "choice" Danishek made to be a highly visible public advocate for the kind of sickening, heartless barbarity that locks people in cages for choosing to use an herb? You make the call.

Danishek, 63, and another well-do-do Seattle waterfront resident at 2000 Alaskan Way, Dee Tezelli, whined about how "marijuana abuse divides their family" and how Seattle's annual Hempfest "disrupts their neighborhood."

Good idea, Steve and Dee. Maybe they should pass a law where only shallow, judgmental assholes like yourselves -- who'd throw someone out of the family, even at Christmas, for smoking pot -- should even be allowed in your part of town. (Steve and Dee seem to be a couple, and Holy God, do they ever richly deserve each other.)

Those who oppose jailing cannabis users should be sure never to use Danishek's travel agency, TMA Inc., located at 4626 NE 174th Place in Seattle.

And they definitely shouldn't call Danishek at (206) 363-2523 to make any reservations.

Read the original story at Toke of the Town

Bill To Legalize Marijuana Introduced In Washington Legislature

2009-12-10T14:45:00.000-08:00

By Steve Elliott in Toke of the Town

Photo: Public Domain

Federal government pot farm at the University of Mississippi, Oxford, MS. Under Washington state's proposed legalization bill, pot would be grown by state-licensed farmers and sold only through state liquor stores.

Washington state pot advocates who thought they had to choose between a marijuana decrim bill ($100 fine for under 40 grams) and the status quo (including a mandatory night in jail for possessing any amount) just got another choice. A state lawmaker introduced a bill Monday to legalize marijuana in the state.

Under the bill, introduced by Rep. Mary Lou Dickerson (D-Seattle), marijuana would be legal for persons 21 and older to use and possess, subject to regulations similar to those controlling alcohol.

housedemocrats.wa.gov

Rep. Mary Lou Dickerson: Making the Evergreen State a little greener

Dickerson said she doesn't expect the bill the bill to pass. "I'm happy to start the conversation," she told Seattle political site PubliCola. "If more states start talking about [legalizing marijuana] it will get the attention of Congress."

Dickerson wants the legal pot to be grown by Washington farmers and sold in state liquor stores. Revenue from marijuana sales would pay for drug and alcohol treatment programs.

Cannabis revenues will probably be comparable to those for alcohol, Dickerson said, which are at about $330 million yearly in Washington.

Rep. Dickerson has five co-sponsors for the legislation so far: Reps. Scott White, Roger Goodman, Dave Upthegrove, Sherry Appleton and Mary Roberts, all Democrats.

HB 2401 was introduced Monday in advance of the next legislative session in January.

"This bill is a wonderful step forward for health, human rights, and social justice," marijuana researcher Dr. Sunil Aggarwal of Seattle told Toke of the Town. "No one should be criminalized for using marijuana, when far more dangerous drugs such as malt liquor are legally consumed. There should be equal rights for those who choose to consume cannabis."

"With the likes of Roger Goodman and the work that he's done over the years with the King County Bar Association Drug Policy Project, this bill really has a chance," said local activist Allison Bigelow.

Photo: Joe Mabel

Patient/activist Vivian McPeak: The conversion to a mainstream commodity is going to be awkward

But longtime marijuana patient/activist and Seattle Hempfest organizer Vivian McPeak expressed mixed feelings about the prospect of legalization. "The conversion from an illicit, underground substance to a mainstream commodity is going to be an awkward transition for many who have been involved with the cannabis culture for some time," he told Toke of the Town.

"It is going to be difficult for many pot scene old timers to let go of the cultural hold so many of us have on our old friend, the herb," McPeak told us.

Is The Perfect The Enemy Of The Good?

With just about any piece of legislation, it's not hard to find areas of concern once you start examining the wording, and HB 2401 is no exception.

One worrisome aspect of the bill is that nobody, with the exception of farmers licensed to sell pot to the state, would be allowed to grow their own. The language of the bill seems to outlaw all personal grows, keeping it illegal to grow, keep or transfer marijuana outside of liquor control board rules and licensing.

Cultivation of any amount for personal use, then, would apparently be prohibited. And the way I read it, your house or property could be seized if you had five or more plants -- which is not how I had pictured "legalization."

SAFER

Marijuana is safer. Why are we supposed to pretend it isn't?

There's also the quibble, minor though it may seem at this stage of the game, that treating marijuana almost exactly like alcohol errs because the potential for abuse, addiction and accidents are so much greater with booze. No arguing with that -- just ask Mason Tvert over at SAFER; he'll tell you.

"It is very hard for me to embrace the idea of treating cannabis as alcohol, because there is just no comparison between the two substances as far as impairment, health effects, and addiction," McPeak told Toke of the Town.

"Perhaps this is the model we must use to change the dominant paradigm, but I feel we should fight tooth and nail to have cannabis put into its own unique classification," McPeak told us. "Simply compare death rates associated with the two substances and you'll see they do not belong in the same category."

"The bill does remove all current civil and criminal penalties regarding marijuana. And the bill regulates marijuana like we regulate alcohol -- which, it so happens, introduces a myriad of new crimes," one frustrated Seattle activist said.

But there's also the plausible argument that legalization, even of the sort in HB 2401 with its state monopoly on pot, could be a quantum leap over the deeply fucked up situation on the ground now in Washington: Recreational (as in non-medical) users unlucky enough to be arrested are presently subjected to a mandatory night in jail, possible additional jail or prison time, steep fines, and other indignities.

So would it be a deal with the devil to, for now, pretend marijuana is as harmful as alcohol, in order to get the laws to treat marijuana as leniently as it does alcohol? That's the Gordian knot being faced by wary cannabis users in Washington.

Read original story at Toke of the Town

Washington State Bar Association Board Unanimously Backs Marijuana Decrim

2009-12-05T13:59:00.001-08:00

A massive representation of a joint in a "rolling paper" evoking the American flag, 2008 Summer Solstice Parade, Fremont Fair, Seattle, WA (Photo: Joe Mabel)

By Steve Elliott at Toke of the Town

Marijuana decriminalization in Washington state just won some important allies.

This morning, the Washington State Bar Association (WSBA) Board of Governors (BOG) voted unanimously to support the decrim bill, SB 5615, in the upcoming session of the Legislature.

The BOG voted 9 in favor, 0 opposed, and 2 abstaining to support the bill, Alison Holcomb, drug policy director at the ACLU of Washington, has told Toke of the Town.

Read the rest of the story at the new Village Voice marijuana blog, Toke of the Town

Washington State Considering Expanding Medical Marijuana Use

2009-12-02T16:00:00.000-08:00

Washington state health officials are considering expanding the categories for which medical marijuana may be used.

Washington State health officials are on the verge of deciding whether patients suffering from depression or certain anxiety disorders should be allowed to use medical marijuana as part of their treatment, Molly Rosbach at The Seattle Times reports.

Washington's medical marijuana law, adopted by voter initiative in 1998, limits the legal use of medical marijuana to patients who have been diagnosed with a "terminal or debilitating medical condition."

That includes patients with cancer, HIV, multiple sclerosis, hepatitis C and several other diseases causing pain or nausea "unrelieved by standard medical treatments and conditions."

On July 20 a petition was submitted to the Medical Quality Assurance Commission, which is responsible for deciding which conditions qualify for medical marijuana use, asking that they add bipolar disorder, severe depression and anxiety-related disorders to the list.

A public hearing will be held Wednesday night, Dec. 2, in Seatac to consider the petition. The hearing will be at 7 p.m. at the SeaTac Radisson Hotel, 17001 Pacific Highway S., SeaTac, WA.

Dr. Greg Carter, professor of rehabilitation medicine at the University of Washington and the first researcher to document the effectiveness of cannabinoids in treating ALS, said marijuana is regarded as safe by many doctors when used responsibly.

"It's much safer than opiate medications like Oxycontin because you cannot overdose on cannabis," he said.

Carter noted that he doesn't personally treat psychological conditions, but that there is medical evidence that marijuana can be useful in treating bipolar disorder and anxiety.

Dr. Carter, along with NORML's Dr. Dale Gieringer and Ed Rosenthal, wrote the recently updated Marijuana Medical Handbook.

The commission and the board are expected to issue a written order with their decision in a few weeks, the Times reports.

Read the original article at Toke of the Town

Marijuana Decrim, Frank Chopp, and the Case of the Missing Balls

2009-11-15T22:42:00.000-08:00

Frank Chopp doesn't want to blow his speakers. (Photo: www.leg.wa.gov)

Ever know someone who had a really hot car, but they were afraid to really drive it?

That's how Washington's Speaker of the House Frank Chopp rolls.

How about the guy who had the 300-watt stereo system, but would never crank it up because "I don't want to blow the speakers"?

That's how Frank Chopp gets down.

And that's exactly how Chopp was getting down when a bill to decriminalize marijuana possession died in the Washington Legislature last spring.

According to multiple, well-placed sources (both inside the Legislature and those observing), Chopp, through a lack of political will and leadership, is the legislator most responsible for the death of marijuana decrim in the last session. A reliable inside source, in a position to know, tells me Chopp doesn't want to force a "controversial" marijuana decrim vote by the entire Legislature, because he doesn't want to force fellow Democrats (in the majority) to vote on pot any time before the 2010 elections.

The dude has a commanding Democratic majority in the state legislature, yet seems eerily unwilling to actually use that power to achieve progressive goals. Is that due to the fact that he's practically a sponsored candidate of the far-right Building Industries Association of Washington (BIAW), which funded both of Dino Rossi's reactionary (and unsuccessful) campaigns for Governor? Maybe. Chopp has worked with the BIAW to oppose consumer protection legislation supported by his own party.

"This is democracy at its worst," State Senator Brian Weinstein (D-Mercer Island) told The Stranger in a 2007 interview. "Here is one guy who overruled 30 Democratic senators and the Democratic House Judiciary Committee. There's no point in doing the fact finding, holding eight hours of hearings, of doing the right thing, if a dictator can just pull the rug out from under you."

"Weinstein went as far as to say Chopp killed the bill because he was sucking up to the BIAW," The Stranger's Josh Feit reported. According to Weinstein, Chopp wanted the BIAW on his side come election time to protect the Democratic majority. "And," Weinstein added derisively, "not do anything with it." (Chopp claims the BIAW had nothing to do with his decision.)

Democratic Rep. Brendan Williams (D-Olympia), who wore a defiant "No BIAW" pin to a Democratic holiday fundraising event in 2008, said he’s not running again because Chopp has neutered the Democratic agenda in Olympia by cozying up with the BIAW. Williams has been a major victim of Chopp’s alliance with the builders assocation: Two years in a row Williams’s homeowner bill of rights was killed at the last minute by Chopp. The BIAW was upset that homeowners would, my goodness, have the basic right to sue for faulty construction.

"Losing his majority" seems to be a deep and recurring fear for Chopp; it seems not to have occurred to the man that the reason he enjoys a big Democratic majority in the House is that maybe, just maybe, the voters support the Democratic agenda. His continual trumpeting of the "One Washington" theme sounds less like a yen for unity and more like a call for capitulation to conservatives. This is probably why Dominic Holden of Seattle alternative newspaper The Stranger has called Chopp a "feckless sissy."

The House Speaker has gone so far to appease the GOP that one prominent Demoractic State Senator, asked if Washington Attorney General Rob McKenna would be the Republican nominee for governor in 2012, replied, “Who knows? The GOP could run Chopp.”

Chopp's leadership style, or lack thereof, has been a growing source of controversy within progressive Democrats for some time now. Over and over, you see Chopp described as "the most powerful politician in the state," but you'd never guess it from his unwillingness to go out on a limb, to take a stand, to have a backbone.

This is frustrating for progressive Democratic voters who (over?)assume that having a liberal House Speaker like Chopp would result in more progressive advances. Granted, Chopp has passed the estate tax, collective bargaining for state employees, a housing trust fund, the highest minimum wage in the country, opportunity grants for college tuition, and other achievements.

But edge a little farther out the progressive limb and it doesn't take long to run into a laundry list of disappointments. Progressive wish-list items like environmental protections on Maury Island, payday-loan guidelines to protect low-income borrowers (which even Georgia has), ratcheting down the more than 400 lucrative tax loopholes handed out by the state to corporations... all unfulfilled promises, all due to Chopp's failure, despite wide party and voter support, to make it happen.

Labor unions, disappointed by Chopp's (and Gov. Chris Gregoire's) failure to bring the Workers Privacy Act (WPA) to a vote in the 2009 session, in an unprecedented move, declined to endorse any candidates this year. (The WPA supports First Amendment privacy rights of individual conscience, including opinions about politics, religion, unionization, and charitable giving. The WPA would have made sure that employees who resist any indoctrination of this kind by their employers would not be punished, and was unanimously approved by the state Democratic Party.)

Chopp, who grew up in Bremerton, likes to describe himself as a "Bremerton Democrat" (translation: "I'm almost like Norm Dicks. Besides, I don't smoke pot; I drink beer. Vote for me, please!"), presumably to distance himself from the "effete Seattle liberal" image that scares him so badly ("One Washington," remember?) Basing public policy on fear of what the conservative, largely rural, eastern Washington might think seems to be Chopp's mode of operation.

Chopp "repeatedly refused to provide any responses to citizens on the issues through the 2008 Political Courage Test when asked to do so by national leaders of the political parties, prominent members of the media, Project Vote Smart President Richard Kimball, and Project Vote Smart staff," according to Project Vote Smart. That would require, like, taking a stand, you know?

But it is perhaps telling that a few years ago Chopp, in the "Washington Gubernatorial Election 1996 National Political Awareness Test," wouldn't list marijuana decrim as a cause he supported:

Chart: Project Vote Smart

The 400 Dollar Man

Even Chopp's own constituents seem, well, unenthusiastic about him, at least when it comes to campaign donations.

In 2004, Chopp raised $91,585.80 for his reelection campaign -- but only an embarrassing $400 came from residents from his own district -- a total of three of them. The lion's share is from corporations, PACs and unions. Most of the rest is from individuals who live outside the district.

By way of contrast, Chopp's district mate, Ed Murray (who, unlike Chopp, was running essentially unopposed) got plenty of contributions from district residents.

Playing It Safe? Really?

The richly ironic thing is, Frank Chopp thinks he's playing it safe by not letting the Dems vote on marijuana decrim -- when, in fact, he's dangerously out of step with the people of Washington on this issue.

A recent poll shows a whopping 81 percent of Washington voters believe the state's pot laws are not working. Alison Holcomb, director of the ACLU of Washington's Drug Policy Project, says public opinion is firmly behind pot decrim.

Yet Chopp's timidity on the marijuana issue kept the bill (whose prime sponsor in the House was Rep. Dave Upthegrove of south King County) from moving forward. What, exactly, must we do to convince Chopp to actually lead, rather than dodge furtively about in the shadows like a spooked quail?

Marijuana Laws Cost Us, Big Time: At Least $177 Million Per Year (and counting)

Table: Dominic Holden, The Stranger

Rep. Brendan Williams of Olympia, one of the decrim bill's co-sponsors, used the cost-saving argument, vainly hoping hidebound conservative legislators would be attracted by fiscal responsibility. "Do you choose to provide health care for x number of children, or fund criminalizing marijuana possession?", he reasonably asked, citing a cost analysis of marijuana arrests taken from Washington State Institute for Public Policy data showing, based on the number of arrests in 2007, Washington would save at least $7.5 million by decriminalizing pot.

Throw in the $170 million the state of Washington wastes each year enforcing its futile and outdated marijuana laws -- which have no impact on marijuana use, according to the most extensive study ever undertaken on marijuana arrests -- and pretty soon you're talking real money.

And what do Washington's citizens get for their $177 million a year? Well, marijuana arrests, lots of them: 16,473 in 2007 -- 90 percent (14,766) of which were for simple possession (which would be decriminalized under the bill in question). Marijuana arrests accounted for almost half (48%) of all drug arrests in Washington during 2007.

Remember: The state of Washington is dealing with a $9 billion shortfall this year, yet somehow, even while cutting vital educational services, parks, and health care, finds money to bust pot smokers.

But I guess a paltry few million here and there doesn't mean a lot to the man who supports a project as monstrously expensive as what has been dubbed the "Choppway" or "Choppaduct" to replace Seattle's aging Viaduct -- even though voters in Chopp's district rejected an "elevated rebuild" by a convincing 73 percent.

The decrim bill would reduce the penalty for possessing up to 40 grams of marijuana to a civil infraction, subject to a $100 fine. Under current state law in Washington, having even one joint is a misdemeanor punishable by up to 90 days in jail. (A similar measure passed by a 30-point margin in a Massachusetts voter initiative last year.)

The bill almost immediately hit a roadblock after being introduced in January 2009. Rep. Chris Hurst of Enumclaw (office telephone 360-786-7866), a former narcotics officer(!) who chairs the Public Safety and Emergency Preparedness Committee, refused to give the bill a hearing. Ex-cop Hurst claimed he actually "supports" decrim, but said Washington state "should not act ahead of the federal government."

In fact that has never -- even once -- been a problem in the 13 states, including even Mississippi, that have decriminalized. Besides, according to Rep. Roger Goodman (D-Kirkland), an attorney and former head of the King County Bar Association's Drug Policy Project, "Federal law clearly allows the states to prescribe their own penalties, whether civil or criminal."

Make no mistake about it: If House Speaker Frank Chopp had demonstrated a little leadership (or cojones) on this issue, he could have asked Hurst to pass the decrim bill out of committee. But he didn't... which brings us back to the case of the missing balls.

Will Frank Chopp Ever Grow A Pair?

Not unless his constituents (that's you, the voters) insist upon it; growth isn't always easy or comfortable. But if you make opposing marijuana decrim more uncomfortable for Frank Chopp than supporting it, he'll come around. It's amazing how fast these things can sprout once they get some proper support. (No, I'm not suggesting you think of yourself as a jockstrap.)

Call or write Rep. Chopp's office (contact info at bottom) and let him know that you, like the majority of Washingtonians, support decriminalizing marijuana.

Sen. Jeanne Kohl-Welles, D- Seattle, has authored legislation making possession of 40 grams or less of marijuana a civil infraction rather than a misdemeanor. Though the bill didn't get far last session (thanks in large part to Frank Chopp), Sen. Kohl-Welles plans on once again pushing it hard when the Legislature gets to work in 2010.

A matching bill will once again be introduced in the State House, where it has considerable Democratic support. “It will definitely be debated,” said Rep. Mary Helen Roberts, D-Lynnwood, who supports decriminalizing marijuana use and co-sponsored the House bill last spring.

This legislation is getting talked about among lawmakers seeking ways of cutting costs in the face of a $2 billion hole in the current budget, according to the Everett Herald-Net.

We all owe a big thanks to the members of the State Senate Judiciary Committee (which passed it 5-3 last spring) who supported the bill. The members of the committee who voted to pass were prime sponsor Sen. Jeanne Kohl-Welles, Committee Chair Sen. Adam Kline, Committee Vice Chair Sen. Debbie Regala, and the eloquent, intelligent and articulate Sen. Rodney Tom, all Democrats; and Republican Sen. Bob McCaslin, who bravely crossed party lines to make this a bipartisan effort.

On the other hand, Sen. Jim Hargrove and Sen. Pam Roach, along with Sen. Mike Carrell (the three Senate committee members who voted against the bill), proved that they don't mind wasting millions of your tax dollars on futile, pointless and cruel marijuana enforcement. Vote these clowns out of office next chance you get.

Contact Info For House Speaker Frank Chopp's Office

Call Speaker Chopp's office and let him know you support marijuana decrim.

(Etiquette hint: it's probably best not to talk about the missing balls.)

Rep. Frank Chopp
P.O. Box 40600
Olympia, WA 98504-0600
(360) 786-7920
E-mail Representative Chopp
District/Position: 43/2 (Democrat)

Reality Catcher: Marijuana Decrim, Frank Chopp, and the Case of the Missing Balls