2012 Washington Initiative 502

Ballot measure summary

As it is described by the Secretary of State's office, the measure shall "license and regulate marijuana production, distribution, and possession for persons over twenty-one; remove state-law criminal and civil penalties for activities that it authorizes; tax marijuana sales; and earmark marijuana-related revenues."

Provisions

After approval, Initiative 502 implements over a period of a year or more. Legal possession and DUI limits went into effect on December 9, 2012, and the state had until December 1, 2013, to establish other key rules.{{cite web | access-date = November 9, 2012}} Until rules were established and licenses issued, retail sales to the general public were not allowed. Such businesses must be located 1,000 feet or further from public schools, and public use of marijuana became a civil infraction.{{cite web | title =I-502 – Washington's New Marijuana Regulation Law Frequently Asked Questions | access-date = November 9, 2012}}

The initiative legalized use of marijuana products for adults 21 and over and focus law enforcement resources on DUI prosecution as well as violent and property crimes. Personal "grows" in one's own home, except for medical cannabis as regulated under RCW 69.51A, will remain a Class C felony.

Part I identifies the goal of the initiative and authorizes the Washington State Liquor Control Board (now named the Washington State Liquor and Cannabis Board) "to regulate and tax marijuana for persons twenty-one years of age and older, and add a new threshold for driving under the influence of marijuana."

Part II establishes various definitions, including one which distinguishes "marijuana" from hemp and other parts of the cannabis plant based on its THC content.

Part III establishes a license system for marijuana producers, processors, and retailers. Initial licenses shall be $250 with an annual renewal fee of $1000. Rules prohibit producers and processors from having any financial interest in retailers, much like the three-tier system for hard liquor in control states. This section also makes it clear that selling or distributing unlicensed marijuana remains illegal, setting limits on the maximum amount one may possess. Adults 21 years or older may possess up to "one ounce of useable marijuana", 16 ounces of marijuana-infused product in solid form, 72 ounces of marijuana-infused product in liquid form or "any combination" of all three. The part also authorizes Liquor Enforcement Officers of the Washington State Liquor Control Board to enforce RCW 69.50, the Uniform Controlled Substances Act. Previous to this Liquor Enforcement Officers could only enforce alcohol and tobacco laws.

Part IV establishes a "dedicated marijuana fund" for all revenue received by the liquor control board, and explicitly earmarks any surplus from this new revenue for health care (55%), drug abuse treatment and education (25%), with 1% for marijuana-related research at University of Washington and Washington State University, most of the remainder going to the state general fund. A March 2012 analysis by the state Office of Financial Management estimated annual revenues above $560 million for the first full year, rising thereafter.{{cite web | access-date =March 24, 2012}} February 2011 analysis of the similar Washington House Bill 1550 estimated annual state and county law-enforcement savings of approximately $22 million.{{Cite web | access-date =August 27, 2011}}{{Cite news | access-date =August 27, 2011}} OFM's final, official analysis did not include law-enforcement savings, but estimated five-year revenues at approximately $1.9 billion from an assumed retail price of $12 per gram.{{cite web | access-date =August 10, 2012 }}{{cite web | access-date =August 10, 2012 | archive-date =August 13, 2012 | archive-url =https://web.archive.org/web/20120813004352/http://slog.thestranger.com/slog/archives/2012/08/10/i-502-could-generate-19-billion-in-state-revenue-over-five-years | url-status =dead | access-date =August 10, 2012 | archive-date =November 11, 2012 | archive-url =https://web.archive.org/web/20121111220103/http://www.ofm.wa.gov/initiatives/2012/502_fiscal_impact.pdf | url-status =dead | access-date = September 26, 2012}}

Part V on "driving under the influence of marijuana" sets a per se DUI limit of "delta-9" THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL). Some medical cannabis advocates are concerned that this will lead to DUI convictions for medicinal cannabis users, who are driving with blood THC levels greater than or equal to 5 nanograms per milliliter. "The metabolite THC-COOH, also known as carboxy-THC" is explicitly excluded from consideration.

Sponsors

Registered sponsors for the measure included John McKay, former U.S. Attorney for the Western District of Washington; Seattle City Attorney Pete Holmes; Kim Marie Thorburn, M.D. and M.P.H., former director of the Spokane Regional Health District; and travel writer Rick Steves.

Other sponsors included state representative for the 36th district Mary Lou Dickerson; immediate past president of the Washington State Bar Association Salvador A. Mungia; past president of the Washington State Bar Association Mark Johnson; Robert W. Wood, M.D., former director of the HIV/AIDS Program at the Seattle-King County public health department; University of Washington School of Social Work professor emeritus Roger Roffman, D.S.W., and Alison Holcomb, campaign director for New Approach Washington, "on loan from" the American Civil Liberties Union of Washington.{{Cite web | access-date =August 27, 2011}} | access-date =August 27, 2011}}

Support and opposition

As per RCW 42.17A on "campaign disclosure and contribution", the Washington state Public Disclosure Commission posts campaign information online, including information for referendums and initiatives.{{cite web | access-date =August 22, 2012 | archive-date =September 7, 2013 | archive-url =https://web.archive.org/web/20130907101724/http://www.pdc.wa.gov/MvcViewReports/Committee/initiative_committees | url-status =dead | access-date =September 10, 2012 | archive-date =March 29, 2013 | archive-url =https://web.archive.org/web/20130329073820/https://wei.sos.wa.gov/agency/osos/en/press_and_research/PreviousElections/2012/General-Election/Pages/Online-Voters-Guide.aspx | url-status =dead | access-date = October 5, 2012}}

Support

Early supporters of the measure included Dominic Holden of The Stranger. Eastern Washington's The Spokesman-Review endorsed I-502 from December 2011 as part of a broader call for legalization and federal reclassification of cannabis under the 1970 Controlled Substances Act. Other supporters include a variety of current legislators, organizations, former judges, law enforcement personnel, prosecutors and elected officials such as Jolene Unsoeld.{{cite web | access-date =March 10, 2012}}{{cite web | access-date = May 2, 2012}} The mayor and entire city council of Seattle support I-502,{{cite web | access-date =July 22, 2012 | archive-date =May 12, 2012 | archive-url =https://web.archive.org/web/20120512014709/http://kplu.org/post/seattle-mayor-legalize-marijuana-so-we-can-stop-crime | url-status =dead | access-date = October 2, 2012}} Former narcotics deputy and candidate for King County sheriff John Urquhart, saying "the war on drugs has been an abject failure".{{cite web | access-date = April 25, 2012}} Noting the disproportionate impact of marijuana arrests and incarceration on families and racial minorities, the Children's Alliance,{{cite web | access-date =October 5, 2012 | archive-date =October 21, 2012 | archive-url =https://web.archive.org/web/20121021063514/http://www.childrensalliance.org/resource-center/vote-yes-initiative-502-new-approach-marijuana | url-status =dead | access-date =June 18, 2012 | archive-date =June 17, 2012 | archive-url =https://web.archive.org/web/20120617035519/http://blogs.seattleweekly.com/dailyweekly/2012/06/black_pastors_endorse_i-502_fr.php | url-status =dead | access-date = August 24, 2012}} | access-date = August 31, 2012}}

Early national support for the measure comes from the National Organization for the Reform of Marijuana Laws (NORML) and television evangelist Pat Robertson. Law Enforcement Against Prohibition (LEAP) has also endorsed the measure, including prominent LEAP spokesman and former Seattle police chief Norm Stamper{{cite web | access-date =March 24, 2012}} and other law enforcement officials.{{cite web | access-date =March 24, 2012}} The initiative has also been endorsed by former governor of New Mexico, Libertarian presidential candidate Gary Johnson,{{cite web | access-date =May 4, 2012 | archive-date =April 14, 2012 | archive-url =https://web.archive.org/web/20120414192003/http://www.garyjohnson2012.com/gary-johnson-in-the-seattle-times | url-status =dead | access-date =June 18, 2012 | archive-date =June 21, 2012 | archive-url =https://web.archive.org/web/20120621220221/http://blogs.seattleweekly.com/dailyweekly/2012/05/marc_emery_endorses_i-502_prin.php | url-status =dead | access-date =June 18, 2012 }}

The primary group supporting I-502 is New Approach Washington, which maintains an updated list of official endorsements on its website.{{cite web | access-date = September 8, 2012}} In July 2012, major donations of financial support were given by the Drug Policy Alliance, Peter Lewis of Progressive Insurance and the American Civil Liberties Union. Although the Drug Policy Alliance opposed the measure's ban on home grow and drug testing requirement, the non-profit nonetheless financially backed the effort. Ethan Nadelmann, founder and Executive Director of the Drug Policy Alliance at the time, said in a 2015 speech:"It was a chance to pop a hole in prohibition nationally. And the situation presented itself: if I put up about a third of the money or so for Washington state, not withstanding my reservations, that would leverage Peter Lewis and the in-state donors and enable a campaign of five or six million dollars to win that thing. And what I said is 'Yes.' I'm going to put that money in there because...we could pop a hole in prohibition because that was going to resonate across the country, lay the ground work for California and other states and have an even international impact."Newspapers endorsing I-502 in the weeks immediately prior to the election include The Seattle Times,{{cite web | access-date = September 24, 2012}} The Spokesman-Review,{{cite web | access-date = October 2, 2012}} The Columbian,{{cite web | access-date = September 30, 2012}} The Olympian,{{cite web | access-date = September 24, 2012}} and The Wenatchee World.{{cite web | access-date = October 22, 2012}}

Opposition

Public and formal opposition was not well organized and mostly came from advocates of medical cannabis, who objected to "Part V: Driving Under the Influence of Marijuana".{{cite web | access-date = August 20, 2012}}{{cite web | access-date =November 6, 2012 | archive-date =November 9, 2012 | archive-url =https://web.archive.org/web/20121109180333/http://blogs.seattleweekly.com/dailyweekly/2012/11/marijuana_legalization_initati.php | url-status =dead | access-date = November 3, 2012}} A Facebook group, Patients Against New Approach Washington (PANAW) began vocal opposition. A letter was sent to I-502 sponsors by Richard Bayer, MD; lawyers David Arganian and Jeffrey Steinborn; Gil Mobley, MD; Vivian McPeak, Executive Director of Seattle Hempfest; and Ric Smith, who has been a prominent patient advocate since 1996, arguing that I-502's DUIC language was unnecessary, unscientific, and unfair. Dominic Holden, of The Stranger, disagreed with this criticism, citing the same 2009 study from the National Institutes of Health opponents to 502 had referenced. The board of directors for NORML acknowledged this criticism{{cite web | access-date =March 18, 2012}} but opined that the law is a step in the right direction, even with the provision. At least one NORML blogger labelled them "patients against pragmatism". Some suppliers of medical marijuana are also worried that if the initiative becomes law their thriving businesses could be disrupted.{{cite web | access-date =March 25, 2012}} | access-date =February 22, 2012}}{{cite web | last = Holden | access-date =March 9, 2012 }}{{Citation | access-date =April 13, 2012}}{{cite web | archive-url =https://archive.today/20130118131236/http://www.bellinghamherald.com/2012/09/09/2682424/i-502-has-flushed-out-the-medical.html | url-status =dead | archive-date =January 18, 2013 | access-date =September 9, 2012

Other opponents included the Washington Association of Sheriffs and Police Chiefs.{{Citation | access-date =December 29, 2011}} and the Washington Association for Substance Abuse and Violence Prevention.{{cite web | access-date = October 5, 2012}} Thurston County Sheriff John Snaza said Asian and motorcycle gangs currently control "marijuana distribution and sales" and that the initiative would likely lead to more traffic fatalities and organized crime.{{Citation | access-date =February 21, 2012}} Then-governor Christine Gregoire opposed I-502, citing concerns about federal opposition.{{cite web | access-date =July 24, 2012 | archive-date =May 28, 2012 | archive-url =https://web.archive.org/web/20120528220033/http://kcts9.org/ask-the-governor | url-status =dead | access-date =July 5, 2016

Both major candidates for governor in the 2012 election also went on record in opposition, with Jay Inslee following Rob McKenna, both citing concerns for users of medical cannabis.{{cite web | access-date =March 29, 2012 }}

Safe Access Washington, "a trade organization on behalf of medical cannabis", briefly formed and opposed I-502 before disbanding.{{cite web | access-date = September 3, 2012}}{{cite web | access-date =September 3, 2012 | archive-date =August 19, 2012 | archive-url =https://web.archive.org/web/20120819062702/http://blogs.seattleweekly.com/dailyweekly/2012/08/safe_access_alliance_officiall.php | url-status =dead | archive-url =https://archive.today/20121228103054/https://sensiblewashington.org/blog/sensiblewa/deconstructing-i-502-part-7-hemp-halfway-home/ | url-status =dead | archive-date =December 28, 2012 | access-date =April 15, 2012 | access-date = August 19, 2012}} a decision which one proponent called "dead wrong" and "ridiculous",{{cite web | access-date = August 19, 2012}} and which prompted an official Seattle Times injunction to "get real".{{cite web | access-date = August 20, 2012}}

No on I-502 was the primary group opposing Initiative 502. Their website denounced what they described as I-502's "new approach to prohibition", and describes how the DUID provisions of I-502 may actually increase the potential penalty for marijuana use, and lead to a new era in the war on drugs under color of DUID prosecutions, as part of what they describe as a nationwide strategy to move war on drugs from the current focus on sales and possession to a new and more ominous offensive on drivers via new per se DUID laws like I-502.

The Walla Walla Union-Bulletin was the first newspaper to oppose I-502.{{cite web | access-date =September 15, 2012 | archive-date =September 13, 2012 | archive-url =https://web.archive.org/web/20120913003333/http://union-bulletin.com/news/2012/sep/10/dont-make-marijuana-legal-state/ | url-status =dead | archive-url =https://archive.today/20130204154033/http://www.tri-cityherald.com/2012/10/22/2141860/reject-marijuana-initiative.html | url-status =dead | archive-date =February 4, 2013 | access-date =October 22, 2012

Results

Final election returns showed I-502 passing with 55.7% of 3,095,444 votes.{{cite web | access-date = November 8, 2012}} and the incoming Mexican administration announced that it would reconsider its previous opposition to legalization.{{cite web | archive-url =https://web.archive.org/web/20121113044703/http://www.cbsnews.com/8301-505245_162-57546871/mexicos-new-gov-to-review-pot-fight-after-us-vote | url-status =dead | archive-date =November 13, 2012 | access-date = November 8, 2012}} State agencies charged with regulating new marijuana businesses received over 300 inquiries the next day.{{cite web | access-date = November 9, 2012}} Law enforcement began to respond, with the Seattle Police Department publishing a guide to legal marijuana use in Seattle{{cite web | access-date = November 9, 2012}} as prosecutors in King and Pierce county quickly decided to drop all misdemeanor cases of marijuana possession, with other non-federal jurisdictions also de-emphasizing arrests for less than 40 grams.{{cite web | access-date = November 9, 2012}}{{cite web | title =NORTH OLYMPIC PENINSULA — Pot enforcement put on hold for small amounts — except on federal lands | access-date = November 11, 2012}}{{cite web | access-date = November 13, 2012}}{{cite web | access-date = November 15, 2012}}{{cite web | access-date =November 15, 2012 | archive-date =November 20, 2012 | archive-url =https://web.archive.org/web/20121120011222/http://www.kimatv.com/home/video/Yakima-readies-to-dismiss-pending-marijuana-cases-179589371.html | url-status =dead | access-date = November 30, 2012}}

Governor Christine Gregoire explicitly met with United States Deputy Attorney General James M. Cole to discuss details of implementation after passage of the measure,{{cite web | access-date = November 15, 2012}} and governor-elect Jay Inslee has committed himself to being "fully supportive of protecting, defending, and implementing the will of the voter."{{cite web | last =Feit | access-date = November 15, 2012}}

Passage of 502 drew attention from outside the state, eliciting various commentary. The president of the International Narcotics Control Board spoke out against Initiative 502 as a clear violation of the 1961 Single Convention on Narcotic Drugs, urging US officials to strongly oppose legalization of non-medical marijuana.{{cite web | access-date =November 21, 2012 | archive-date =December 2, 2012 | archive-url =https://web.archive.org/web/20121202050358/http://www.incb.org/documents/Press_Releases/press_release_151112.pdf | url-status =dead | access-date = December 12, 2012}} In his first interview on the subject after passage, President Barack Obama said that addressing this issue was not a high priority at this point, that international treaty obligations came into play, but that there were "bigger fish to fry."{{cite web | access-date = December 14, 2012}} In August 2013, the US Department of Justice elected not to sue Washington and Colorado over legalized marijuana and not to prosecute legal marijuana in those states.{{cite web | access-date = August 29, 2013}}{{cite web | access-date = August 29, 2013}}

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By county

Many gathered to smoke publicly at the Space Needle just after midnight on December 6, in violation of the law. No arrests were made.{{cite web | access-date = December 7, 2012}}

Implementation

I-502 mandated that rules for producers, processors and retailers be in place by December 1, 2013. The Washington State Liquor and Cannabis Board had initially anticipated the first proposed section would be approved in April.{{cite web | access-date =December 7, 2012 | archive-date =December 23, 2012 | archive-url =https://web.archive.org/web/20121223080240/http://liq.wa.gov/marijuana/proposed-producer-rules | url-status =dead | access-date = April 17, 2013}} Some state legislators are reportedly moving to "slow down" this rule-making process{{cite web | access-date = January 10, 2013}} and national opponents Kevin Sabet and Patrick J. Kennedy have started Project SAM to promote what they call "smart approaches to marijuana."{{cite web | access-date =January 10, 2013

Initial draft rules were released on May 16, with the public comment period set to end on June 10, 2013.{{cite web | access-date = May 21, 2013}}{{cite web | access-date =May 21, 2013 | access-date = July 4, 2013}} Consultants estimate $495 million in annual sales among 300 stores across all counties, the highest concentration being in King, Pierce and Thurston counties.{{cite web | access-date = July 4, 2013}} The first two dozen retail licenses were issued for July 2014, but delays in licensing producers are anticipated to cause supply problems during this early period.{{cite web | archive-url =https://archive.today/20140709133314/http://www.kplu.org/post/first-round-marijuana-stores-get-wash-state-licenses | url-status =dead | archive-date =July 9, 2014 | access-date =July 7, 2014 | access-date = July 7, 2014}}

Following $67.5 million in sales/excise tax revenue during the first full year of legal sales along with a change in the regulatory tax structure to a single 37% retail rate, the state's Economic and Revenue Forecast Council estimated in 2015 that annual marijuana tax revenues would rise several-fold, reaching $369 million by the 2019 fiscal year.

References

References

1. Martin, Jonathon. "DUI Controversy". Seattle Times.
2. Connelly, Joel. (September 17, 2011). "State Dems: Legalize marijuana". [[Seattle Post-Intelligencer.
3. Spokesman-Review Editorial Board. (December 28, 2011). "I-502 offers smart path to marijuana legalization". [[The Spokesman-Review.
4. St. Pierre, Allen. (February 17, 2012). "Endorsed: NORML Supports Marijuana Legalization Initiative in Washington State". NORML Board of Directors.
5. McKinley, Jesse. (March 8, 2012). "Pat Robertson Says Marijuana Use Should be Legal". The New York Times.
6. Martin, Jonathan. (July 22, 2012). "Marijuana initiative gets $1.25 million in new donations". [[The Seattle Times]].
7. "Ethan Nadelmann ICBC San Francisco 2015".
8. "Patients Against New Approach Washington, Facebook Page".
9. "Letter to I-502 Sponsors".
10. Holden, Dominic. (February 24, 2012). "Sorry, Medical Marijuana Activists, Your Study Doesn't Prove that I-502 Will Nab Sober Drivers for DUIs". The Stranger.
11. Belville, "Radical" Russ. (February 28, 2012). ""Radical" Russ debunks the idea that second-hand pot smoke could cause a DUID". NORML.
12. Driscoll, Matt. (July 31, 2012). "Sensible Washington Gets Early Start on 2013 Initiative Effort to End Pot Prohibition". [[Seattle Weekly]].
13. Reed, Sam. (November 6, 2012). "Initiative Measure No. 502 Concerns marijuana". [[Secretary of State of Washington]].
14. Reed, Sam. (November 6, 2012). "Initiative Measure No. 502 Concerns marijuana - County Results". [[Secretary of State of Washington]].
15. Paul Ausick. (2015-10-24). "Washington to Collect $1 Billion From Pot Taxes". 24/7 Wall St..