Medical Marijuana

Several dozen leading substance abuse prevention and treatment professionals and public health experts, along with the Initiative 502 sponsors, wrote to the Washington Legislature urging that earmarked tax revenue under I-502 not be raided for other purposes.

As medical marijuana heads back to Olympia, legislators are bracing for a rerun of last session’s drama of makeshift dispensary operators and self-appointed patient advocates decrying any effort to rein in abuses of the law.

Represented by the ACLU of Washington, three state-licensed marijuana business owners have intervened in a lawsuit challenging the City of Fife’s ban on marijuana operations. The plaintiff-intervenors say the City of Fife’s ban on legal marijuana operations within the city is unconstitutional and is preempted by state law.   Update: On Aug. 29, the court upheld Fife’s ban, saying that I-502 does not require cities to allow marijuana businesses.

As intended, the passage of I-502 is having a dramatic effect on low-level marijuana prosecutions. ACLU-WA analysis of Washington court data reveals that filings for misdemeanor marijuana offenses have decreased precipitously – freeing up criminal justice system resources to deal with serious crime.

The ACLU of Washington hailed a decision by the Washington Supreme Court today recognizing the right of medical marijuana patients to raise a medical necessity defense in court.  The ACLU-WA filed a friend-of-the-court brief in the case (State v. Kurtz) saying that the state’s Medical Use of Marijuana Act did not supersede the common law medical necessity defense, and that medical marijuana patients should be able to cite both medical necessity and state law in defending themselves. A medical necessity defense is available to someone who has violated a law, but was justified in doing so because the harm being avoided is greater than the harm of violating the law.

SEATTLE - Today, a group of substance abuse prevention and treatment professionals and public health advocates, in collaboration with the ACLU of Washington, submitted recommendations for marijuana rulemaking to the state Liquor Control Board.  Initiative 502, passed by Washington voters last November, requires the board to finalize regulations governing marijuana production and distribution by December 1. The deadline for the public to submit input on the drafting of rules for producer licenses is March 15.

Passed by Washington’s voters with an 11-point margin, Initiative 502 went into effect on December 6. The measure is an historic step in reforming our state’s marijuana policies and its criminal justice system. Adults no longer are subject to arrest for possessing small amounts of marijuana for personal use under state law.

The ACLU of Washington hails the passage of Initiative 502, which legalizes, taxes, and regulates small quantities of marijuana for adults age 21 and older. We look forward to working with state and federal officials and New Approach Washington sponsors to ensure the law is fully and fairly implemented.