Five cannabis related bills have been filed for consideration at the end of the second week of the 2013 legislative session session. One has had a hearing; the rest await the decision of a coalition majority in the Senate, a D majority in the House, and a governor who has heard from the mouth of the U.S. attorney general that federal law still conflicts with Washington’s new I-502, the legalization of recreational use of cannabis.
SJM 8000, introduced by Sen. Jeanne Kohl-Welles, D-Seattle, is merely a letter to President Obama asking that the Drug Enforcement Administration initiate rulemaking proceedings to reclassify medical marijuana as a Schedule II drug, so qualifying patients who follow state law may obtain the medication they need through the safe and traditional method of physician prescriptions and pharmacy sales. The prayer section actually states that the Legislature writes to support the petition submitted to the DEA by Rhode Island Gov. Lincoln Chafee and Washington Gov. Christine Gregoire.
People may humorously dismiss memorials as letters to nowhere or a note to Santa, but the value of this one is as a test case for the cannabis issue in the Senate. Will the coalition majority allow a hearing? Will the bill pass committee in a form resembling the original? With the hearing this week in the Senate for SB 5010, there may be strong headwinds for the Senate joint memorial.
Sen. Jeanne Kohl-Welles wrote in an email this morning that she still plans to introduce another bill addressing the vetoes to the medical marijuana (MMJ) clarification bill of 2011. Initiative 502, the legalization of recreational use of cannabis is codified at RCW 69.50. I-695, the state’s MMJ law is codified at RCW 69.51A.
SB 5010, introduced by Sen. Mike Padden, R-Spokane, is clear and easy to understand. Presently a judge can order that a person on community custody cannot use or consume alcohol, and they cannot use or consume illegal, controlled substances without a prescription. The bill adds marijuana as a substance that can be restricted. There is no reference or respect for Washington’s MMJ law. It’s not good enough that Washington patients who, under provision of the state MMJ law, have a “prescription,” or authorization for use, from a licensed healthcare practitioner of the state. There are thousands of people in Washington who use MMJ in place of artificially produced chemical pharmaceuticals for pain management and other ailments. So, pharmaceuticals during community custody –O.K. Authorized MMJ during community custody –not OK? Both are legal in Washington, both are ordered by a licensed state healthcare practitioner. Some say this bill is pure discrimination. Watch the vote.
SB 5279, introduced by Sen. Mike Carrell, R-Lakewood, is very simple and also shows no regard for MMJ as a “medicine.” SB 5279 adds not just cannabis, but specifically MMJ as a product that cannot be purchased with public assistance money. So again, people who, under provision of the state MMJ law, have a “prescription,” or authorization for use, from a state licensed healthcare practitioner cannot acquire it with state funds. They receive assistance to acquire chemical pharmaceuticals.
SB 5222, also by Kohl-Welles, is a bill all about cannabis but not about consumption. SB 5222 will require a study of the “economic opportunities and industrial uses” of hemp as a Washington state farm product. Looks like an agribusiness bill to us.
Finally, HB 1084, introduced by Rep. Sherry Appleton, D-Poulsbo, is by anyone’s interpretation a loosening of the provisions of the state MMJ law, RCW 69.51A. More important than the wording is that this bill embodies changes advocated by Ric Smith of Seattle, a longtime MMJ crusader who died last year at the age 49. Smith experienced the benefits of MMJ when he used it to enhance his appetite during a struggle with AIDS. By using MMJ he was able to keep his weight above the deadly double digits that had plagued his very existence. Smith went on to be one of Seattle’s early and most adamant advocates for MMJ and was a prime force behind the passage of I-695, Washington’s MMJ law.
So we are set for an interesting collision of attitudes about cannabis use in Washington. Legislators can point to a conflicting federal prohibition of consumption of cannabis, or they can look to the strong mandates of the citizens for legalization of both MMJ and recreational use. Their decision on these and more bills to come will shape Washington’s historic experience as it becomes the first state to erase the 20th century stigma of drugs, sex and rock ‘n roll, and treat cannabis maturely as a recreational use drug not unlike alcohol. Eventually we may also respect and learn of its medicinal attributes.
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