Washington Dispensary Bill Addresses I-502 Concerns

In the state capital of Washington, Senate Bill 6265 got a hearing yesterday. The bill is sponsored by Senator Jeanne Kohl-Welles of Seattle, a long time proponent of common sense cannabis law reform. Senate Bill 6265 would legalize nonprofit medical marijuana dispensaries, but kick the regulation aspect to the cities of Washington. If passed, the bill could clear up what has been a legal limbo for dispensaries in the state that are left alone in parts, and prosecuted in others.

Storefront cannabis shops are not explicitly allowed under state law, but most dispensaries are operating under legal loopholes, and faith that they will not be raided. Under the new law, there is discussion that the dispensary business would boom in the state, especially in some cities that have refused to allow them.

Her medical marijuana bill may also have implications in the legalization bill I-502 sticking points if passed. Initiative 502 would legalize marijuana possession and distribution for adults, but it also spells out the language that would convict an adult from driving while high, specifically if they were caught with more than 5 nanograms of THC  in their blood. She specifically has language that would require police and prosecutors to have proof of actual impairment in order to convict a medical marijuana patient of a DUI – meaning they would need more than the nanogram limit proposed in I-502 to convict a patient with a state medical marijuana card.

Sen. Kohl- Welles says she is optimistic that the legislature can make improvements to the system and allow the local governments to regulate non profit patient cooperatives. She did contend though, that the bill is young and will likely undergo changes as it has support and opposition, and they will try to work together to get the bill passed. Gov. Gregoire vetoed so much of last years Bill SB 5073 that was sponsored by Kohl-Welles that the plans to regulate a medical marijuana dispensary system provision was blacked out entirely. But this time around, Gregoire’s policy staff members have been working with Kohl-Welles on her bill, although the Governor’s office hasn’t officially endorsed it. The dismissal by a federal Judge of Arizona’s lawsuit to clarify if state employees would be prosecuted for taking part in a regulated market by issuing business licensees has taken the legs out from much of the Governor’s argument about regulating dispensaries.

External Links:

http://www.seattlepi.com/news/article/Washington-state-lawmakers-seek-new-path-for-pot-2612671.php#ixzz1jrDdTy00

http://blogs.seattleweekly.com/dailyweekly/2012/01/pot_proposals_advance_in_olymp.php