January 13, 2010 in City

Legislators weigh legalizing marijuana v. decriminalizing it

Jim Camden The Spokesman-Review

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Jim Camden tracks the Legislature at Spin Control.

While the Legislature wrestles with a huge budget shortfall that forces hearings on everything from closing state institutions to raising college tuition, the most heavily attended hearing Wednesday involved a non-budget item.

Marijuana. Should the state legalize it, or turn it into a civil infraction? Or just wait a few months to see if voters pass an initiative to legalize it?

Although, technically, it’s not quite true this has nothing to do with the budget because House Bill 2401 would legalize marijuana, regulate its growth and sale and generate as much as $300 million a biennium in revenue in taxes and fees, Rep. Mary Lou Dickerson, the bill’s sponsor said.

Dickerson, D-Seattle, is a co-sponsor of HB 1177, which would turn possession of small amounts of marijuana into an infraction similar to a speeding ticket. That bill’s prime sponsor Rep. Dave Upthegrove, D-Des Moines, is a co-sponsor of the legalization proposal.

Both got support from the Washington State Bar Association as well as the King County bar and medical associations. Both got thumbs down from the Washington Association of Sheriffs and Police Chiefs and other law enforcement officials.

The hearing by the House Public Safety and Preparedness Committee was the most packed of the afternoon, and people with pink hair or head to foot tattoos sat next to the typical coat-and-tie lobbyists.

The most impassioned pleas came from people who regard marijuana as a cure or treatment for diseases, or a civil right. They suggested the state legalize marijuana despite federal laws against it, and assert a state’s rights defense based on the 10th Amendment.

Others said cities, counties and the state could save money on arresting, prosecuting and incarcerating people for small amounts of marijuana.

But the reviews were not all positive. Riley Harrison, a ninth grader from Ridgeview Middle School in nearby Yelm, said 10 of his classmates were recently caught selling marijuana; legalizing pot would send the wrong message to him and other students.

“What message does the Legislature want to send to the youth of Washington. That you’re willing to give up?” Harrison asked.

Rick Smith of the group that filed the initative earlier this week also suggested the Legislatlure do nothing on the issue.

“We’re going to take it out of your hands, and we’re sorry about that,” Smith said. Just wait for our initiative; it’ll take care of everything.”

The committee scheduled a vote on the two bills next week.

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Comments 17

17 comments on this story so far. Add yours!

Gramma on January 13 at 4:08 p.m.
I think it's just amazing that when the government wants more money, they legalize things that have been illegal. IE tobacco, alcohol, sex for sale. If it's bad for you, it doesn't matter if the government makes money - - - It's still bad.

They aren't talking about Hemp. What happens when someone high from a doobie kills someone with their car? Who's responsible?

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empyrius on January 13 at 4:49 p.m.
What happens when someone drunk from alcohol kills someone with their car Gramma? Who's responsible?

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empyrius on January 13 at 4:52 p.m.
Under the commerce clause the Supreme Court in Gonzales v. Raich, http://en.wikipedia.org/wiki/Gonzales…, http://straylight.law.cornell.edu/sup…, ruled that because marijuana is in fact such a massive industry in America the feds have a right to arrest and prosecute even people using medical marijuana b/c ultimately it would still have an effect upon the greater marijuana industry (the afore and following are short answers for brevity’s sake by the way). And of course legal exceptions to the usage of illegal drugs, such as peyote for Native Americans, or psychedelic tea for churches, explicitly Gonzales v. UDV concerning the latter, http://en.wikipedia.org/wiki/Gonzales…, http://www.supremecourtus.gov/opinion…, are accepted because there is not a significant potential for “diversion”, i.e., drug trafficking.

Basically, invoking my 1st Amendment, freedom of religion, right to use marijuana does not outweigh the greater harm that marijuana in itself can potentially cause society, so the government argues. Yet lesser well known, and far more potent drugs, can legally be used for religious purposes because they do not possess a great danger to society, so the Supreme Court argues . . .

Then we have the very outlandish concept that the government can pass the laugh test by contending that marijuana is a “schedule I” drug. I am cracking up here!

The 10th Amendment sets up a grand battle between the feds and states . . .

We have legal concepts such as “strict scrutiny”, “compelling government interests”, “least restrictive means”, and other such really fun stuff to wrap one’s mind around.

Getting my juices going and I am going to have to re-dedicate myself to my crusade to completely refute all government argumentation that keeps the Lord’s good green herb illegal!!! And I have, I believe, some pretty good reasoning that will not easily be overcome, and I have read all of the legal decisions that thus far concern marijuana . . .

Lastly, I wonder if ninth grader Riley Harrison feels the government betrayed him by passing the 21st Amendment? Tis a shame the government would use this kid like this!!! Has “our” government no shame???

Peace

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spokanada on January 13 at 6:33 p.m.
Gramma, let me know when someone with a doobie kills someone with their car.

Conversly, I will let you know everytime someone dies from a drunk driver.

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Bee509 on January 13 at 8:00 p.m.
“But the reviews were not all positive. Riley Harrison, a ninth grader from Ridgeview Middle School in nearby Yelm, said 10 of his classmates were recently caught selling marijuana; legalizing pot would send the wrong message to him and other students.

“What message does the Legislature want to send to the youth of Washington. That you’re willing to give up?” Harrison asked.”

I'd assume the same message they send in regards illegal sales of achohol,distilleries, minors in posession, sales to minors and the like. Are all objections going to be this ignorant? If so this is going to be a easy run.

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Lewis on January 13 at 8:31 p.m.
Big Brother has done a good job making some believe marijuana is bad for you, and it is a gateway drug. If that was a fact why do so many people smoke it? If it were a gateway they would be smoking something else.

Now big brother needs cash lots of it and he has to look at the possibility of legalization and more sweet tax money coming in.

I am sure there are accidents involving people stoned on marijuana but I would bet a week’s wages ($84.00) that alcohol related accidents beat marijuana accidents 12 to 1.

If it were legalized today most of not all gangs would be out of business tomorrow. Think of the savings in our police departments alone.

I for one am sick of paying taxes to arrest, try, and imprison pot smokers when sex offenders walk among us. What the heck does a 9th kid know about life other then what he sees on his PS2.

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Sugar Shane on January 13 at 9:17 p.m.
Funny how the cops give a big thumbs down. They know how the laws are racially biased and largely ineffective and yet continue to show up year after year hand outstretched for that big wad of federal money to fight this “war” on drugs. If little Riley Harrison actually did any research on the subject instead of just running his mouth, he might well learn that being illegal is precisely what makes marijuana have a ridiculous street value. Do his classmates similarly sell alcohol, or tobacco to one another? No, because theres no profit motive. Maybe if he'd also paid attention to history he would have learned that mankind has been using cannabis for over 5000 years, and that 3% of the population was using drugs at the beginning of prohibition, and after all these years, 3% of the population is still using drugs. The cases made for keeping marijuana illegal have no merit in science or economics. Also, who uses the federal government to disseminate their world views? If you believe any of the “Messages” that the ONDCP has been sending, then you really are clueless. As you get older, you learn that you cant just repeat what you've heard, that you actually have to get out there, and maybe, read. People like Gramma are people that dont form their opinions, but rather regurgitate the nonsense of others and so called “authorities”, there is nothing to show that cannabis in any way is “bad for you”. Its the only drug that cannot kill you. Over the counter stuff is way more toxic and artificial, and prescriptions require the supervision of a Dr because they can potentially KILL you.

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mtdude on January 14 at 12:33 a.m.
I will fire pot-smokers. I find they are very stupid. (weed is not the anwser.) pass what you want I will make shure it is a fireing offence.

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Liberty_Bell on January 14 at 3:56 a.m.
In case you flunked Washington State History, a requirement of the WEA!

Make the most of the Indian hemp seed, and sow it everywhere!
George Washington in a note to his gardener at Mount Vernon (1794), The Writings of George Washington, Volume 33, page 270 (Library of Congress)

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candyshaine on January 14 at 4:09 a.m.
I say something should be done. I am all for the legalization of Pot. I honestly don't no what it will do for our so called D.A.R.E. progams but I do no this much Over 80% of our prisons are Non-violent offenders…this means alot pot smokers. Pot is harmless. I am not a pot smoker and am not saying that it shouldnt be argued of it's pro's and con's. However the political side screams I't's all about something to tax…and with alcohol on it's way out and it being one of the biggest killers in america i dont honestly see how they can keep something that has no actuall fact of it being anywhere near as factualy fatel as achohol has proven to be time and time and again. and to mtdude….your an idiot what you should do is fire yourself. If worked for you I'd proble love that fact. Fire them…did you no that by law you cannot simply fire someone for doing any drug before offering them treatment, unless your talking about your plumber…gardener. the world honestly need stupidity like you….thanks that's all for now

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C. S. on January 14 at 5:28 a.m.
You are exactly right. Maybe prostitution will be next then they can heavily tax that and keep the money.

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Liberty_Bell on January 14 at 6:22 a.m.
All you have to do is look at the fortunes made in Prohibition!

Like that 1923 Silver Dollar, my Great Grandfather passed around the family!

The Police Chief, and Mayor, owned that speed boat, and Grandpa, got a third of the profits!

It's great that prohibition, shown best in Washington, where they could never stop it, and we loved those federal agents too, too stupid to catch the real bootleggers, Shown best by Chief Justice Taft's Washington Prohibition case!

Mr. Justice HOLMES.

My brother BRANDEIS has given this case so exhaustive an examination that I desire to add but a few words. While I do not deny it I am not prepared to say that the penumbra of the Fourth and Fifth Amendments covers the defendant, although I fully agree that courts are apt to err by sticking too closely to the words of a law where those words import a policy that goes beyond them. Gooch v. Oregon Short Line R. R. Co., 258 U.S. 22, 24 , 42 S. Ct. 192. But I think, as Mr. Justice BRANDEIS says, that apart from the Constitution the government ought not to use [277 U.S. 438, 470] evidence obtained and only obtainable by a criminal act. There is no body of precedents by which we are bound, and which confines us to logical deduction from established rules. Therefore we must consider the two objects of desire both of which we cannot have and make up our minds which to choose. It is desirable that criminals should be detected, and to that end that all available evidence should be used. It also is desirable that the government should not itself foster and pay for other crimes, when they are the means by which the evidence is to be obtained. If it pays its officers for having got evidence by crime I do not see why it may not as well pay them for getting it in the same way, and I can attach no importance to protestations of disapproval if it knowingly accepts and pays and announces that in future it will pay for the fruits. We have to choose, and for my part I think it a less evil that some criminals should escape than that the government should play an ignoble part.

Only the imbeciles get caught, and someone always moves in to take up their business practices!

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USAF1MOM on January 14 at 2:34 p.m.
ABSOLUTELY AMAZING THAT FINALLY THE ADVANTAGES TO LEGALIZING POT HAS ARRIVED. NOT ONLY WILL WE STOP OVERCROWDING OUR JAILS AND TAXING OUR POLICE, BUT WE WILL FINALLY BE ABLE TO USE, POSSESS AND MAKE MUCH NEEDED MONEY FOR THE STATE. ITS
ALREADY DONE WITH ALCOHOL AND CIGARETTES. IF ITS REGULATED CORRECTLY ALOT OF PROBLEMS WILL BE SOLVED. NO WE DO NOT WANT DRUG DRIVERS, BUT ALCOHOL IS NUMBER ONE KILLER ON ROADS. ITS NOT A ROAD WAY TO HIGHER DRUGS, THAT'S A CHOICE AND SAD.
IN THE LONG RUN, IT WILL HAVE ITS BENEFITS TO ALL. LET'S KEEP IT REAL AND MAKE AN INFORMED CHOICE.
I QUIT 33 YRS AGO WHEN PREGNANT WITH MY SON AND I HAVE 7 YEARS BEFORE I CAN PARTICIPATE AGAIN. MY FIRST DAY OF RETIREMENT IS ALREADY PLANNED. EXCITED WHETHER LEGAL OR NOT.

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empyrius on January 14 at 5:07 p.m.
2010:

The Year of Bud!

Courtesy:

The Evergreen State.

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empyrius on January 14 at 5:09 p.m.
And Liberty_Bell at 3:56 a.m. has it right!

The father of his country sayeth:

Make the most of the Indian hemp seed, and sow it everywhere!

George Washington in a note to his gardener at Mount Vernon (1794), The Writings of George Washington, Volume 33, page 270 (Library of Congress)

Washington also recorded his concern that the male and female plants be separated:

May 12-13 1765: Sowed Hemp at Muddy hole by Swamp.

August 7, 1765: —began to seperate (sic) the Male from the Female Hemp at Do —rather too late.

Some assert his interest in separating the male and female plants is an indication that he may have used Indian hemp medicinally to treat his chronic tooth aches. Others note that fiber of the male and female hemp plants have a different optimum harvest times.
http://en.wikiquote.org/wiki/Cannabis

Amen

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Tokin on January 15 at 10:58 a.m.
Gramma, how ignorant and closed minded. If you are REALLY worried about people killing people with their cars lets talk about people on these PILLS the doctor gives out like CANDY such as Oxycontin or Vicodin or Methadone or Zanax or or or, the list goes on and on, and people kill people in their cars talking and texting and eating fast food, the DUI argument is a pile of crap
Lets also talk about the REAL gateway drugs like Tobacco, Alcohol, Caffeine and High Fructose Corn Syrup all of which are plenty legal and readily available to any kid, I know i was there. Legalizing Cannabis is the only right thing to do. The people in the Medical Cannabis community want to contribute but that cant happen yet due to some closed minded people.

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shanusmaximus on January 19 at 2:23 p.m.
Since I have no problem to copypasta my own comment from other threads….

Outright legalizing and taxing is something I wouldn't be for. Think about it like this. If a grower decides he is going to continue what he does, that means he is going to continue to sell underground. Why screw around with inspections, tax stamps and other government regulated headaches. So instead of being busted for growing, he would be busted for tax evasion.
Besides….who are they going to buy all this nice taxable weed from?? Oh, thats right…..Phillip Morris. Be careful about inviting this vampire into your house.

Decriminalize….

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