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News & ArtsTuesday, November 15, 2011
Politics Why You Should Oppose Marijuana Legalization Initiative 502
Posted by Jeffrey Steinborn on Tue, Nov 15, 2011 at 12:11 PM
This guest post is by Jeffrey Steinborn, a Seattle attorney who has defended marijuana clients for decades. He opposes Initiative 502, which would legalize, tax, and regulate marijuana. —Eds
Initiative 502 is a law enforcement sting in plain sight. Read it before you support it. Although the mandatory DUI conviction at 5ng of active THC per milliliter of blood is troubling and possibly unconstitutional, the inevitable federal preemption of this initiative, along with its provisions requiring mandatory self-incrimination make it a dangerous illusion. Remarkably, this untenable initiative has already hijacked the support of much of the cannabis reform movement.
Here are some undisputed facts:
1. Washington State's proposed initiative I-502 centers around a plan to legalize cannabis by having the state Washington State Liquor Control Board (WSLCB) license and regulate cannabis commerce.
2. I-502 specifically instructs the WSLCB to cooperate with federal law enforcement.
3. When the state legislature passed a similar bill earlier this year, legalizing and regulating cannabis commerce, but only for medical marijuana, the United States Attorneys for both districts in the State of Washington responded instantly to an inquiry from Governor Chris Gregoire regarding the conflict with federal law. Within 24 hours these US Attorneys had consulted with Washington, D.C. Their response: Anyone who participated in that scheme could face the full spectrum of federal prosecution and asset forfeiture. The governor then vetoed all provisions of the legislation that appeared to place state employees in danger of prosecution.
4. The federal government is currently aggressively prosecuting persons who are in apparent compliance with state cannabis law in several states, including Washington. See, for example, Dale Gieringer's November 7, 2011 post.
These are undisputed facts. What’s wrong with a state law that attempts to legalize and regulate cannabis through a system requiring that participants register with the state or be licensed by the state? In the most recent litigation of the issue of confidentiality of state-held records, a federal magistrate judge called the idea delusional.
Confidential records held by state authorities can and will be subpoenaed by federal law enforcement. Below are excerpts from U.S. v. Michigan Department of Community Health, United States District Court, Western District of Michigan, Case 1:10-mc-00109-HWB Doc #23 Filed 06/09/11. Michigan adopted a medical-marijuana law that included registration provisions. The law provided confidentiality for those who registered. The DEA subpoenaed those records. The federal judge who heard the case not only upheld the validity of the subpoena, he ridiculed the people who had imagined that a state law could trump the federal law in his ruling:
When Michigan adopted the [Michigan Medical Marihuana Act] with its confidentiality provisions, it, of course, only changed Michigan law. The very text of the MMMA recognizes that “federal law currently prohibits any use of marijuana” (MCL § 333.26422(c)). Thus, anyone who is not deluding himself or trying to push an agenda knows that the confidentiality provisions are only binding on the State of Michigan and its agents, not the federal government and its agencies. (At page 12 of slip opinion).
At page 13 of his opinion, the judge continues:
The nationwide federal law against marijuana, and the nationwide federal organizations that enforce that law, were the same the day after Michigan adopted the MMMA as they were the day before. They did not go away. Thus, no reasonable person can expect to have a right of privacy from federal investigation when they violate federal laws. The MMMA card affords its holder no greater cloak of privacy than did the emperor’s new clothes. To believe the contrary is simply to close one’s eyes to reality. But when you open your eyes, the emperor is still naked; the elephant is still in the room.
I have great respect for those who support this initiative in Washington State. I respectfully suggest that they read it. If anyone, having read the entire initiative, and having considered the recent history of similar attempts both in Washington and elsewhere, still believes that I-502 proposes a plan that will entice state employees to ignore the warnings of our United States Attorneys and face the full spectrum of prosecution, or will entice those engaged in cannabis commerce to put their names on a list that must be turned over upon the demand of any federal agency, then they should support I-502. In doing so they should consider the fact that a number of the most dedicated and experienced cannabis law reformers in the state feel that I-502 will not effectively legalize cannabis, but instead will make things worse for everyone, while sapping necessary energy from real reform—and all this at a time when the public is ready for it.
1
No matter how valid these points may be, I feel compelled to point out that this is written by an attorney who defends those accused of marijuana offenses. Meaning, the lawyer makes money off the law as it exists. If it changes, not only will he need to learn a whole new set of laws, but might lose clients.
Not saying the guy's wrong, just wanted to point it out.
Not saying the guy's wrong, just wanted to point it out.
2
Jesus Christ, eys - Jeff is a solid advocate for legalization, and this has nothing to do with his own pocketbook. He remains an amazing defense attorney regardless of whether marijuana is legal or not, and quite possibly could retire if he so chose.
He has been fighting the good fight for a damned long time. It's not about money to Jeff or his associates, it's about what's right.
He has been fighting the good fight for a damned long time. It's not about money to Jeff or his associates, it's about what's right.
3
"Why You Should Oppose Marijuana Legalization Initiative 502"
This is where you lose most people and the argument. Perfect is the enemy of good. Anything is better than today. Existing legislation is easier to modify than creating new legislation. A 2012 Presidential cycle for Obama is going to probably have damned near record turnout. You won't get this good of chance to push through something on ballot measures until 2016 after next year.
Someone throws you a ball down the middle, you swing for the fucking fences. You don't take a called strike.
"Federal government... etc."
This is exactly why you push the issue. The more states that fight prohibition, the more the stranglehold begins to legislatively and legally crumble. The more they tighten their grips Federally--which they have to do legally, because of that terrible bill passed I believe in the latter Reagan years--the more you'll get states' rights and conservatives riled up in general.
This fight won't be won by a sniper's bullet of legality, or a perfect bill. It will be won by a tsunami onslaught of arguments, measures, and bills, chipping away at the laws in place.
We fail to vote for this in 2012 at our own peril.
4
I don't know about you, but I don't want stoners driving, no matter how many medical prescriptions they have.
Time to Get Er Done!
Time to Get Er Done!
7
I don't see a counter proposal here. His points are legitimate from a legal point of view, but what is this "real reform" of which he speaks? What would be a more effective way of accomplishing the legalization goal? The feds are going after any state that tries to legalize. Is he saying that we have to abandon the state-based approach entirely in favor of a federal solution?
To me, the continued efforts from the states to go their on way helps push the needle at the federal level; at some point, don't the feds have to consider how radically out of step they are? If Steinborn's got a better idea, I'd like to hear it, because I don't see things changing at the federal level for quite some time without major pressure and broad socialization.
To me, the continued efforts from the states to go their on way helps push the needle at the federal level; at some point, don't the feds have to consider how radically out of step they are? If Steinborn's got a better idea, I'd like to hear it, because I don't see things changing at the federal level for quite some time without major pressure and broad socialization.
10
@3 has it. Involving state workers is a feature, not a bug. Want outright revolution? Start arresting state workers that are just doing the job that their citizens asked them to do. It would be political suicide for any politician that tries.
11
The more states that fight prohibition, the more the stranglehold begins to legislatively and legally crumble.
Keep dreaming.
We are all going to die with pot being just as illegal at the federal level as it was when we were born. Like fusion power, it's always going to be 10-30 years in the future.
Keep dreaming.
We are all going to die with pot being just as illegal at the federal level as it was when we were born. Like fusion power, it's always going to be 10-30 years in the future.
15
it's a scam. like everything else our political system produces. our system is too corrupt to produce anything else.
16
@3: Perfect is the enemy of good.
No, bad is the enemy of good, and this initiative makes things worse.
@7: I don't see a counter proposal here.
Leave things as they are for now, and run an initiative that a) ditches the registration requirements, and b) gets rid of the 5ng DUI threshold until we have some science around it.
No, bad is the enemy of good, and this initiative makes things worse.
@7: I don't see a counter proposal here.
Leave things as they are for now, and run an initiative that a) ditches the registration requirements, and b) gets rid of the 5ng DUI threshold until we have some science around it.
17
@14: just fine, thanks. I also expect to see 50-state gay marriage, comprehensive immigration reform, and a country-wide conversion to metric before federal decriminalization or legalization of marijuana.
18
why don't we just start w/ decrim? the state supports it by huge margins. it would pass & immediately make a difference in pushing back the drug war. instead, we get a terrible legalization initiative filled w/ poison pills. well, i guess i answered my own question above.
20
Medical Marijuana is illegal at the federal level. Doesn't the city of Seattle currently license medical marijuana dispensaries? I haven't heard of any arrests . . .
There is too much to be gained by acting now (reducing crime, black markets, racism) and tax dollars to be raised, when last year so many programs were cut out of the state budget, to let this golden opportunity to vote yes on I-502 go by.
Steinborn is a sponsor of Sensible Washington's initiatives that create a completely unregulated market in Washington that would allow people over 18 to possess as much as you want whenever you want and grow wherever you like. Think that would get 51% of the vote?
There is too much to be gained by acting now (reducing crime, black markets, racism) and tax dollars to be raised, when last year so many programs were cut out of the state budget, to let this golden opportunity to vote yes on I-502 go by.
Steinborn is a sponsor of Sensible Washington's initiatives that create a completely unregulated market in Washington that would allow people over 18 to possess as much as you want whenever you want and grow wherever you like. Think that would get 51% of the vote?
21
Simply legalizing it from a state law enforcement perspective is all that is really needed to be put before voters. Fuck the taxing and regulating and registration bla bla bla. If it is simply legal to have, grow, smoke, eat or fuck a pot plant in Washington State, the onus is on the Feds to use resources to enforce federal laws and not the state. This initiative might not fix the revenue and regulation problem the Feds would take issue with, but possessing and smoking pot will at least not be a state crime and would be one more step to the Feds to get their shit together and just legalize it already.
22
@18: Sensible Washington tried that last year, but then Alison Holcomb from the ACLU (along with Stranger idiot Dom Holden) refused to support their efforts, said they were doing it wrong, and that the ACLU would do it better, so they didn't get enough signatures.
Now we see what Alison considers "better" - laws that put pot smokers at greater risk than they previously were. I'm beginning to think Alison Holcomb hates pot smokers.
You don't need this initiative. Just go get a medical card (easy to do) and you can legally buy and smoke the dankest buds you could imagine.
Now we see what Alison considers "better" - laws that put pot smokers at greater risk than they previously were. I'm beginning to think Alison Holcomb hates pot smokers.
You don't need this initiative. Just go get a medical card (easy to do) and you can legally buy and smoke the dankest buds you could imagine.
24
While many of us are informed and can understand the reasons why this is not ideal, I am afraid that if this doesn’t pass the wider message will be heard as “Marijuana legalization defeated”, setting back further attempts here and around the country. I am open to changing my mind upon further consideration, but as of now I plan to vote for it. I want to see the headline “Marijuana legalized”.
25
The Civil Rights movement of the 50's & 60's didn't demand a black president. They had to wait over half a decade for that. They simply laid the groundwork for that eventuality. If they demanded perfection back then, they would have gotten squat.
The purity trolls can only hold us back.
The purity trolls can only hold us back.
26
You don't need this initiative. Just go get a medical card (easy to do) and you can legally buy and smoke the dankest buds you could imagine.
This is a ludicrous defense. If 502 isn't perfect, your solution is much worse. We don't want to have to lie about our medical condition so we can smoke pot. We want to smoke pot, free & clear. We're not interested in hiding, or trying to sneak around the federal government's regulations by sticking a "special" label, we want to light up on the street, in our homes, at a party, or watching the sunset from the Cascades, and we want to do this without shame, without lying, without the thinking that we need to "get away" with doing something "bad."
Most of all, we want headlines that go around the world blazoning the fact that Washington State has made marijuana legal. It would be huge, and nearly every media outlet in the world would cover it. Instead of having these discussions about the how's & where's & where-nots lurking among the pro-pot crowd, we want these discussions in every public forum, in the halls of Congress and around every water-cooler. We want everyone to speak up & finally admit what we all know: Marijuana isn't harmful. It's not happening on the profound level required by keeping in under the "medical need" label.
If you want to work on better legislation, I applaud you. But don't whine about people moving the issue forward, or suggesting we should be satisfied with the few tidbits of progress we've made, because that isn't helping.
This is a ludicrous defense. If 502 isn't perfect, your solution is much worse. We don't want to have to lie about our medical condition so we can smoke pot. We want to smoke pot, free & clear. We're not interested in hiding, or trying to sneak around the federal government's regulations by sticking a "special" label, we want to light up on the street, in our homes, at a party, or watching the sunset from the Cascades, and we want to do this without shame, without lying, without the thinking that we need to "get away" with doing something "bad."
Most of all, we want headlines that go around the world blazoning the fact that Washington State has made marijuana legal. It would be huge, and nearly every media outlet in the world would cover it. Instead of having these discussions about the how's & where's & where-nots lurking among the pro-pot crowd, we want these discussions in every public forum, in the halls of Congress and around every water-cooler. We want everyone to speak up & finally admit what we all know: Marijuana isn't harmful. It's not happening on the profound level required by keeping in under the "medical need" label.
If you want to work on better legislation, I applaud you. But don't whine about people moving the issue forward, or suggesting we should be satisfied with the few tidbits of progress we've made, because that isn't helping.
27
I wish every liberal Democratic Party piece of shit who utters the phrase "The perfect is the enemy of the good" would get shot in the fucking forehead.
30
LIES, LIES, LIES...WA STATE POT PETITION IS FULL OF THEM.
Initiative 502 is currently being circulated in Washington under the guise of Marijuana legalization.
LIE #1 ..... 5 nanograms THC equates to DUI. TRUTH- recent testing by WA patients shows a wake-up sober baseline THC of 10 nanograms. Not using cannabis at all today, but double the legal limit! (innocent peeps lives will be ruined by false dui)
LIE #2 I502 LEGALIZES weed. TRUTH- grow one plant under I502's flawed policy and you're a FELON.(how is a one plant FELONY legalization?)
LIE #3 I502 keeps pot smokers from going to jail. TRUTH I502 makes possession of 1 1/2 ounces a FELONY. (FELONS GO TO JAIL EVERYDAY)
LIE #4 I502 taxes pot for State revenue. TRUTH- Federal Law preempts state law, Zero tax revenue.
LIE #5 Eight other states have Zero Tolerance THC DUI law like i502 proposes. TRUTH- Those eight other States don't have Medical Marijuana Laws. (thus no patients w baseline THC levels above 5.0)
LIE #6 I502 legalizes agricultural hemp. TRUTH- growing Hemp is prohibited by Federal law.
LIE #7 I502 only measures inactive THC for DUI. TRUTH- I502 measures all delta-9 THC in a persons bloodstream whether inactive or not.
Initiative 502 is currently being circulated in Washington under the guise of Marijuana legalization.
LIE #1 ..... 5 nanograms THC equates to DUI. TRUTH- recent testing by WA patients shows a wake-up sober baseline THC of 10 nanograms. Not using cannabis at all today, but double the legal limit! (innocent peeps lives will be ruined by false dui)
LIE #2 I502 LEGALIZES weed. TRUTH- grow one plant under I502's flawed policy and you're a FELON.(how is a one plant FELONY legalization?)
LIE #3 I502 keeps pot smokers from going to jail. TRUTH I502 makes possession of 1 1/2 ounces a FELONY. (FELONS GO TO JAIL EVERYDAY)
LIE #4 I502 taxes pot for State revenue. TRUTH- Federal Law preempts state law, Zero tax revenue.
LIE #5 Eight other states have Zero Tolerance THC DUI law like i502 proposes. TRUTH- Those eight other States don't have Medical Marijuana Laws. (thus no patients w baseline THC levels above 5.0)
LIE #6 I502 legalizes agricultural hemp. TRUTH- growing Hemp is prohibited by Federal law.
LIE #7 I502 only measures inactive THC for DUI. TRUTH- I502 measures all delta-9 THC in a persons bloodstream whether inactive or not.
31
@20: At 12:52 p.m., ThePeanutGallery wrote, "Medical Marijuana is illegal at the federal level. Doesn't the city of Seattle currently license medical marijuana dispensaries? I haven't heard of any arrests . . ."
At 12:58 p.m., Dominic Holden blogged: "Federal agents and local law enforcement are executing raids on medical-marijuana disperses throughout Western Washington this afternoon, according to several sources, who say some of the proprietors are being handcuffed and taken away in squad cars. Thus far, we've received reports of busts in Olympia, Lacey, Tacoma, Puyallup, and Seattle."
At 12:58 p.m., Dominic Holden blogged: "Federal agents and local law enforcement are executing raids on medical-marijuana disperses throughout Western Washington this afternoon, according to several sources, who say some of the proprietors are being handcuffed and taken away in squad cars. Thus far, we've received reports of busts in Olympia, Lacey, Tacoma, Puyallup, and Seattle."
32
@27: "I wish every liberal Democratic Party piece of shit who utters the phrase "The perfect is the enemy of the good" would get shot in the fucking forehead."
Depends entirely on the amount of shit they feed us while using that phrase.
I suppose we rarely get anything good offered simultaneously, but the principle is still useful.
Depends entirely on the amount of shit they feed us while using that phrase.
I suppose we rarely get anything good offered simultaneously, but the principle is still useful.
33
As much as I am tired of the drug war and think weed should be perfectly legal for all adults, isn't tackling this at the state level an argument for nullification? From a constitutional law standpoint how does this differ from all the states rights bullshit that has been coming out of the South for the last 175 years? Am I missing something?
34
Why can't we just get something simple on the ballot that repeals anything in RCW criminalizing marijuana possession? As warm and fuzzy as taxing and regulating sounds, maybe we should just aim to stop making it a criminal offense first. Then the state's neither for it or against it, it just has no involvement. Let the feds then try to arrest every stoner holding a dime bag. The argument can be hey, it's already illegal under federal law, we don't need a state law making it more illegal.
35
@34 I've never understood why people are unwilling to just push this. Just make decriminalize and pass a footnote in the legislation that no state, county or municipality in Washington can spend public funds to aide or assist in Federal enforcement.
Lets the Feds do whatever the hell they want then and leaves us to our own devices. I can't even imagine the Feds would have any legal authority to even do anything about it.
Lets the Feds do whatever the hell they want then and leaves us to our own devices. I can't even imagine the Feds would have any legal authority to even do anything about it.
36
Today's federal busts of dispensaries operating within Washington law are a preview of I-502. The only difference is that today it's medical, a category which is far more popular than simple legalization for adult use. What makes anyone think the feds would be less aggressive about prosecuting the participants in I-502?
I suppose I should support I-502 if it's a matter of generating clients. I can't think of a law that is likely to bring me more business than the one proposed by I-502. That's the problem. I-502 will cause too many people to be sacrificed to justify thumbing our nose at the Feds. Those who say "let the feds do their worst" have not experienced the full force of a federal prosecution. To say that a persons is crushed, devastated and impoverished by the end of the experience is to sugar coat it. As to those who are ready to have others take the risk I respectfully suggest you volunteer for one of those state jobs and we'll see if the Feds dare to do what they have promised to do.
Jeff Steinborn
I suppose I should support I-502 if it's a matter of generating clients. I can't think of a law that is likely to bring me more business than the one proposed by I-502. That's the problem. I-502 will cause too many people to be sacrificed to justify thumbing our nose at the Feds. Those who say "let the feds do their worst" have not experienced the full force of a federal prosecution. To say that a persons is crushed, devastated and impoverished by the end of the experience is to sugar coat it. As to those who are ready to have others take the risk I respectfully suggest you volunteer for one of those state jobs and we'll see if the Feds dare to do what they have promised to do.
Jeff Steinborn
37
I-502 is not worthy of support or endorsement. The stated goal is to end prohibition, but some provisions in this initiative are the reverse. I-502 provides law enforcement with new DUI statutes to profile suspect drivers, many of whom will prove innocent of impairment – but will be left with no defense under the per se levels to be written into law. Federal preemption and the proposed tax-structure will exacerbate an illegal black market, not deter it. I-502 provides a perfect storm to ramp up the war on marijuana. New Approach Washington sacrifices some of our most vulnerable, and at-risk, segments of the population as political pawns for an over ambitious win at the polls.
Pro-cannabis activists agree that impaired driving should not be tolerated, but that is not the issue here. NAW has willfully ignored scientific studies that conclude there is no consistent numerical level to prove impairment. This is especially true for the low thresholds proposed under I-502. For links to actual studies, please see: < http://www.patientsagainsti502.org/resou… >.
The blood test to prove impairment is invasive, a violation of personal freedom, and will add cost to administer. Suspects will have to be tested by trained personnel in phlebotomy (blood draws). Under the low per se threshold, innocent people will be subject to fines, license suspension, incarceration, and drug treatment counseling. Drug rehab probation will deprive patients of their life-saving medicine. Peoples’ lives and livelihoods are at risk.
Medical cannabis patients routinely test higher than the suggested 5 nano-grams per milliliter of active THC metabolites in the bloodstream – even when they are sober. I-502’s stringent threshold of 0.00 tolerance for those under 21, means any young adult can test positive, simply from being at the wrong place at the wrong time. It does not take much exposure to marijuana to test above “zero”, this can happen via second-hand smoke, or residual metabolites, measured long after use.
The proposed three-tier 25% tax structure will keep street prices for cannabis artificially high. This will do nothing to deter the illegal black market, who will undercut the state price and avoid taxation all-together. The best way to reduce organized crime with marijuana is to make the product less lucrative to potential profiteers.
This initiative will require state liquor control and health department employees to cooperate with federal agencies. Would-be entrepreneurs under a “legal” state cannabis industry will incriminate themselves through the business licensing process, by admission of intent to commit a federal crime. Self incrimination is unconstitutional. If two or more parties invest in such an endeavor, conspiracy charges can be added to other federal violations.
A legalize, tax, and regulate initiative for a schedule 1 substance has never before been attempted in this state. If I-502 gathers enough signatures, and wins in the 2012 general election; federal preemption will ensue, and New Approach Washington is banking on that action as part of their political strategy. It is their belief, a federal trial over states’ rights will bring the discussion of ending prohibition on cannabis to the national stage. They may be correct in that assessment. Unfortunately, they are willing to use patients and young adults as political fodder to achieve that goal. This presents a moral dilemma for many cannabis advocates. The federal battle, which could take years, risks setting back the entire legalization movement.
The only successful anti-prohibition model to reference in our state history, is I-61 “Repeal of the Bone Dry Act” which Washington voters passed in 1932, a full year prior to the ratification of the 21st Amendment to the U.S. Constitution. This is the approach that Sensible Washington models their initiatives on: repeal first, then tax and regulate via the legislature.
The strategic choices are to support the legalize, tax, regulate model as proposed by NAW; or the simple repeal model of Sensible Washington, which has historically proven to work against alcohol prohibition. The ethical choices are to end prohibition for all responsible adults (SW), or sacrifice potentially innocent people for perceived political gain (NAW). It is up to each individual to decide, hopefully their conclusion will be based in facts and research, and not blind conjecture.
More...
Pro-cannabis activists agree that impaired driving should not be tolerated, but that is not the issue here. NAW has willfully ignored scientific studies that conclude there is no consistent numerical level to prove impairment. This is especially true for the low thresholds proposed under I-502. For links to actual studies, please see: < http://www.patientsagainsti502.org/resou… >.
The blood test to prove impairment is invasive, a violation of personal freedom, and will add cost to administer. Suspects will have to be tested by trained personnel in phlebotomy (blood draws). Under the low per se threshold, innocent people will be subject to fines, license suspension, incarceration, and drug treatment counseling. Drug rehab probation will deprive patients of their life-saving medicine. Peoples’ lives and livelihoods are at risk.
Medical cannabis patients routinely test higher than the suggested 5 nano-grams per milliliter of active THC metabolites in the bloodstream – even when they are sober. I-502’s stringent threshold of 0.00 tolerance for those under 21, means any young adult can test positive, simply from being at the wrong place at the wrong time. It does not take much exposure to marijuana to test above “zero”, this can happen via second-hand smoke, or residual metabolites, measured long after use.
The proposed three-tier 25% tax structure will keep street prices for cannabis artificially high. This will do nothing to deter the illegal black market, who will undercut the state price and avoid taxation all-together. The best way to reduce organized crime with marijuana is to make the product less lucrative to potential profiteers.
This initiative will require state liquor control and health department employees to cooperate with federal agencies. Would-be entrepreneurs under a “legal” state cannabis industry will incriminate themselves through the business licensing process, by admission of intent to commit a federal crime. Self incrimination is unconstitutional. If two or more parties invest in such an endeavor, conspiracy charges can be added to other federal violations.
A legalize, tax, and regulate initiative for a schedule 1 substance has never before been attempted in this state. If I-502 gathers enough signatures, and wins in the 2012 general election; federal preemption will ensue, and New Approach Washington is banking on that action as part of their political strategy. It is their belief, a federal trial over states’ rights will bring the discussion of ending prohibition on cannabis to the national stage. They may be correct in that assessment. Unfortunately, they are willing to use patients and young adults as political fodder to achieve that goal. This presents a moral dilemma for many cannabis advocates. The federal battle, which could take years, risks setting back the entire legalization movement.
The only successful anti-prohibition model to reference in our state history, is I-61 “Repeal of the Bone Dry Act” which Washington voters passed in 1932, a full year prior to the ratification of the 21st Amendment to the U.S. Constitution. This is the approach that Sensible Washington models their initiatives on: repeal first, then tax and regulate via the legislature.
The strategic choices are to support the legalize, tax, regulate model as proposed by NAW; or the simple repeal model of Sensible Washington, which has historically proven to work against alcohol prohibition. The ethical choices are to end prohibition for all responsible adults (SW), or sacrifice potentially innocent people for perceived political gain (NAW). It is up to each individual to decide, hopefully their conclusion will be based in facts and research, and not blind conjecture.
38
@7 - The counter proposal is repeal, which is not federally preemptible. States cannot create laws that conflict with federal law, as is demonstrated by the cited ruling.
The feds cannot make states enforce federal law. We can remove cannabis laws from the Revised Code of Washington. This is repeal, and is the model Sensible Washington has applied the last two years.
This is how Washington State voters repealed alcohol prohibition, one year prior to the ratification of the 21st Amendment. I-61 “Repeal of the Bone Dry Act” was a citizen initiative was passed in 1932; meaning, we have historical proof that repeal works, because it has been done before.
None of us are suggesting that we give up the fight, or that we do not continue to challenge federal authority; we only suggest that we take a more sensible, and proven approach.
The feds cannot make states enforce federal law. We can remove cannabis laws from the Revised Code of Washington. This is repeal, and is the model Sensible Washington has applied the last two years.
This is how Washington State voters repealed alcohol prohibition, one year prior to the ratification of the 21st Amendment. I-61 “Repeal of the Bone Dry Act” was a citizen initiative was passed in 1932; meaning, we have historical proof that repeal works, because it has been done before.
None of us are suggesting that we give up the fight, or that we do not continue to challenge federal authority; we only suggest that we take a more sensible, and proven approach.
39
Blood drawing and coming up with meaningless thc measurements that is an instant fail for a majority of smokers will ruin several peoples lives. I signed the petition but am having MAJOR second thoughts about this.
40
If state government were to repeal prohibition and openly encourage its citizens to nullify all prosecutions at the federal level through jury nullification, the federal judiciary would have no choice in the matter. In the end there is nothing the federal government, or anybody else for that matter can do after a jury has found a defendant "not guilty" and WE THE PEOPLE are ultimately the jury. After a few billion dollars have been wasted on futile attempts at prosecution they will eventually see that they have NO chance of prevailing. and be forced to give up on their mad quest.
This suggestion has been brought to you by Eastern Washingtons preeminent federal medical marijuana dispensary defendant Jerry W Laberdee And if you want that first step to be taken, VOTE.
JERRY W LABERDEE FOR GOVERNOR... FREE THE WEED! F!@K THE FEDS!!!
This is OUR goddamned state!
This suggestion has been brought to you by Eastern Washingtons preeminent federal medical marijuana dispensary defendant Jerry W Laberdee And if you want that first step to be taken, VOTE.
JERRY W LABERDEE FOR GOVERNOR... FREE THE WEED! F!@K THE FEDS!!!
This is OUR goddamned state!
41
If state government were to repeal prohibition and openly encourage its citizens to nullify all prosecutions at the federal level through jury nullification, the federal judiciary would have no choice in the matter. In the end there is nothing the federal government, or anybody else for that matter can do after a jury has found a defendant "not guilty" and WE THE PEOPLE are ultimately the jury. After a few billion dollars have been wasted on futile attempts at prosecution they will eventually see that they have NO chance of prevailing. and be forced to give up on their mad quest.
This suggestion has been brought to you by Eastern Washingtons preeminent federal medical marijuana dispensary defendant Jerry W Laberdee And if you want that first step to be taken, VOTE.
JERRY W LABERDEE FOR GOVERNOR... FREE THE WEED! F!@K THE FEDS!!!
This is OUR goddamned state!
This suggestion has been brought to you by Eastern Washingtons preeminent federal medical marijuana dispensary defendant Jerry W Laberdee And if you want that first step to be taken, VOTE.
JERRY W LABERDEE FOR GOVERNOR... FREE THE WEED! F!@K THE FEDS!!!
This is OUR goddamned state!
42
I had actually sent in for the packet to take signatures for this initiative and after carefully reading the material decided I wanted nothing to do with it. Sensible Washington has the right idea!
43
I-502 ?? First make it legal through the fed...what good is washington state going to do but sell the most shittiest weed in the world and then I have to buy there "BLEND" of dirt, dead birds, spyder mites and pesticides that will in time give you cancer or a horrific lung desease...we as a state already have laws that protect growers and the privacy of a clinic to renew our authorizations...If the state is looking for more money to tax us with go ahead and vote yes...marijuana is a herb and it would be like taxing us extra for buying produce...
Remember its already a law..we can grow it ourselves and if you dont want to go to a clinic and be authorized by a doctor vote yes...you must be a full blown retard if you cant figure out how to grow weeds in your house getting rid of collectives would be a great blessing..all they do is bitch and complain its too expensive and they rip you off they would be PISSED if I-502 passed whats the difference ?? if it passes the state will be the new collectives and the weed would be shitty just like it is now...set up state border patrols to keep out all of california and mexican weed out of washington state Help keep washington state free from state controled marijuana VOTE NO ON I-502
Remember its already a law..we can grow it ourselves and if you dont want to go to a clinic and be authorized by a doctor vote yes...you must be a full blown retard if you cant figure out how to grow weeds in your house getting rid of collectives would be a great blessing..all they do is bitch and complain its too expensive and they rip you off they would be PISSED if I-502 passed whats the difference ?? if it passes the state will be the new collectives and the weed would be shitty just like it is now...set up state border patrols to keep out all of california and mexican weed out of washington state Help keep washington state free from state controled marijuana VOTE NO ON I-502
44
@32 jesus was a bleeding heart socialist liberal hes going to be pretty rough on you when you die thinking hes a fuckin butt lickin republican....
45
@22 smartest thing anyone has commented on thus far....
I think If the state wants to make money because Bush spent it all on a war do this
just like crossing a border charge a $2.00 toll to get into our state...then you could search cars bringing in mexican and california marijuana then only washington state could grow
there is no check points coming or going from washington state...when you cross over into california you have to go through a check point and if they want to inspect your car and find you transporting marijuana into washington....you go to jail...pretty cool huh
I think If the state wants to make money because Bush spent it all on a war do this
just like crossing a border charge a $2.00 toll to get into our state...then you could search cars bringing in mexican and california marijuana then only washington state could grow
there is no check points coming or going from washington state...when you cross over into california you have to go through a check point and if they want to inspect your car and find you transporting marijuana into washington....you go to jail...pretty cool huh
46
OH NOES! LAWS THAT AREN'T PERFECT! If you want to legislate marijuana then you need to learn how to play ball. It's not exactly by the book but that's the way it works. Fear mongering and attacking legislators isn't exactly the best way to make friends.
Yes, the idea that corporations are behind this and that this is their insidious plot to fuck over everyone else isn't insane. What's insane is the fact that we finally have a chance to put our foot through the door and the only thing people seem to want to do is shoot that foot. Not everyone is evil, lawmakers are just human. That's why laws aren't perfect and will never be. Washingtonians needs to stop being pretentious puritans if they ever want to sit down and tell the grandkids about the "old days" when weed was illegal. Imagine telling the grandkids how WA led the charge to change things, how only WA had the courage stand up to unfairness and oppression. WA time to put your money where your pipe is. You can't hit a home run if you don't step up to the plate.
Yes, the idea that corporations are behind this and that this is their insidious plot to fuck over everyone else isn't insane. What's insane is the fact that we finally have a chance to put our foot through the door and the only thing people seem to want to do is shoot that foot. Not everyone is evil, lawmakers are just human. That's why laws aren't perfect and will never be. Washingtonians needs to stop being pretentious puritans if they ever want to sit down and tell the grandkids about the "old days" when weed was illegal. Imagine telling the grandkids how WA led the charge to change things, how only WA had the courage stand up to unfairness and oppression. WA time to put your money where your pipe is. You can't hit a home run if you don't step up to the plate.
47
OH NOES! LAWS THAT AREN'T PERFECT! If you want to legislate marijuana then you need to learn how to play ball. It's not exactly by the book but that's the way it works. Fear mongering and attacking legislators isn't exactly the best way to make friends.
Yes, the idea that corporations are behind this and that this is their insidious plot to fuck over everyone else isn't insane. What's insane is the fact that we finally have a chance to put our foot through the door and the only thing people seem to want to do is shoot that foot. Not everyone is evil, lawmakers are just human. That's why laws aren't perfect and will never be. Washingtonians needs to stop being pretentious puritans if they ever want to sit down and tell the grandkids about the "old days" when weed was illegal. Imagine telling the grandkids how WA led the charge to change things, how only WA had the courage stand up to unfairness and oppression. WA time to put your money where your pipe is. You can't hit a home run if you don't step up to the plate.
Yes, the idea that corporations are behind this and that this is their insidious plot to fuck over everyone else isn't insane. What's insane is the fact that we finally have a chance to put our foot through the door and the only thing people seem to want to do is shoot that foot. Not everyone is evil, lawmakers are just human. That's why laws aren't perfect and will never be. Washingtonians needs to stop being pretentious puritans if they ever want to sit down and tell the grandkids about the "old days" when weed was illegal. Imagine telling the grandkids how WA led the charge to change things, how only WA had the courage stand up to unfairness and oppression. WA time to put your money where your pipe is. You can't hit a home run if you don't step up to the plate.
48
Read 10th Amendment. Feds have no lawful power over this. And, Its time to act like it.
The Feds are simply abusing Americans, and using our own tax money to do it.
Make politicians obey our written tax law.
1. "Exempt income" - 26 CFR 1.861-8T(d)(2)(ii)
2. "Income that is not" - 26 CFR 1.861-8T(d)(2)(iii)
Source: ECFR dot GPOACCESS dot GOV
Or, just GOOGLE EXCLUDED INCOME
The Feds are simply abusing Americans, and using our own tax money to do it.
Make politicians obey our written tax law.
1. "Exempt income" - 26 CFR 1.861-8T(d)(2)(ii)
2. "Income that is not" - 26 CFR 1.861-8T(d)(2)(iii)
Source: ECFR dot GPOACCESS dot GOV
Or, just GOOGLE EXCLUDED INCOME
49
March 22, 2012 To Jeffrey Steinborn, PLLC, 206-622-5117 from Will P. Wilson, the producer of the All Day Live on Public Access TV, http://www.mediacific.com .
Pertaining to the All Day Live TV program on March 23, at 5:00 pm to 7:00 pm in the Media Center located at the North Seattle Community College campus that is located at the studio provided for the http://www.seattlecommunitymedia.org Public Access TV program producers.
I am getting back to you on the possibility that you may be able to appear tomorrow
for our pre-recording of the All Day Live show at the North Seattle Community College
Campus, with other noted people discussing the Medical Hemp & Cannabis Legislation
here in Washington State and the entire country, including Canada.
If you do get this e-mail in time then feel free to call me back or send me a note letting
me know that you may want to appear this week for the All Day Live show or any time this
next month for our regularly Thursday afternoon and early evening pre-recording of the
All Day Live shows.
Sincerely, Will P. Wilson, willpwilson@gmail.com, (206) 383 - 4817
===========
Pertaining to the All Day Live TV program on March 23, at 5:00 pm to 7:00 pm in the Media Center located at the North Seattle Community College campus that is located at the studio provided for the http://www.seattlecommunitymedia.org Public Access TV program producers.
I am getting back to you on the possibility that you may be able to appear tomorrow
for our pre-recording of the All Day Live show at the North Seattle Community College
Campus, with other noted people discussing the Medical Hemp & Cannabis Legislation
here in Washington State and the entire country, including Canada.
If you do get this e-mail in time then feel free to call me back or send me a note letting
me know that you may want to appear this week for the All Day Live show or any time this
next month for our regularly Thursday afternoon and early evening pre-recording of the
All Day Live shows.
Sincerely, Will P. Wilson, willpwilson@gmail.com, (206) 383 - 4817
===========
50
March 21, 2012 To Jeffrey Steinborn, PLLC, 206-622-5117 from Will P. Wilson,
the producer of the All Day Live on Public Access TV, http://www.mediacific.com .
Pertaining to the All Day Live TV program on March 23, at 5:00 pm to 7:00 pm in the
Media Center located at the North Seattle Community College campus that is
located at the studio provided for the http://www.seattlecommunitymedia.org
Public Access TV program producers.
I am getting back to you on the possibility that you may be able to appear tomorrow
for our pre-recording of the All Day Live show at the North Seattle Community College
Campus, with other noted people discussing the Medical Hemp & Cannabis Legislation
here in Washington State and the entire country, including Canada.
If you do get this e-mail in time then feel free to call me back or send me a note letting
me know that you may want to appear this week for the All Day Live show or any time this
next month for our regularly Thursday afternoon and early evening pre-recording of the
All Day Live shows.
Sincerely, Will P. Wilson, willpwilson@gmail.com, (206) 383 - 4817
the producer of the All Day Live on Public Access TV, http://www.mediacific.com .
Pertaining to the All Day Live TV program on March 23, at 5:00 pm to 7:00 pm in the
Media Center located at the North Seattle Community College campus that is
located at the studio provided for the http://www.seattlecommunitymedia.org
Public Access TV program producers.
I am getting back to you on the possibility that you may be able to appear tomorrow
for our pre-recording of the All Day Live show at the North Seattle Community College
Campus, with other noted people discussing the Medical Hemp & Cannabis Legislation
here in Washington State and the entire country, including Canada.
If you do get this e-mail in time then feel free to call me back or send me a note letting
me know that you may want to appear this week for the All Day Live show or any time this
next month for our regularly Thursday afternoon and early evening pre-recording of the
All Day Live shows.
Sincerely, Will P. Wilson, willpwilson@gmail.com, (206) 383 - 4817
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