Citizens for a Sensible Spokane

U.S. Attorney: Only flagrant pot shops targeted

by Gene Johnson, Associated Press

Seattle City Councilman Tim Burgess, a former police officer and chairman of the Council's Public Safety committee, said the federal action would not deter city officials from continuing to license medical pot shops and explore ways to implement zoning rules for them.

"We're taking cautious steps to bring more clarity and make sure there's proper regulation and control. The federal authorities made it very clear that these individuals who were the target of the federal investigation were operating well outside the medical provisions that were in place," he said.

http://seattletimes.nwsource.com/html/localnews/2016783876_apwamedicalmarijuanasearches2ndldwritethru.html

Wash. Governor wants DEA to reclassify marijuana

by Rachel La Corte, Associated Press

Washington Gov. Chris Gregoire and Rhode Island Gov. Lincoln Chafee have filed a petition with the U.S. Drug Enforcement Administration asking the agency to reclassify marijuana so doctors can prescribe it and pharmacists can fill the prescription.

The governors said Wednesday they want the federal government to list marijuana as a Schedule 2 drug, allowing it to be used for medical treatment. Marijuana is currently classified a Schedule 1 drug, meaning it's not accepted for medical treatment and can't be prescribed, administered or dispensed.

http://seattletimes.nwsource.com/html/health/2016900553_apusmedicalmarijuana.html

Fed med marijuana crack down may come to Colorado

by P. Solomon Banda, Associated Press

KCNC-TV reported Tuesday (http://cbsloc.al/tQ3DBq) that the crackdown would target dispensaries and cultivations located near schools, with those businesses receiving letters to end operations within 45 days or face prosecution.

"Colorado has been a model for how a state should regulate medical marijuana," said Brian Vicente of Sensible Colorado, a medical marijuana advocacy group. "Our system has worked and Colorado should be allowed to continue to do so."

 http://www.denverpost.com/ci_19548056?IADID=Search-www.denverpost.com-www.denverpost.com

Federal interference in state medical marijuana laws is a low priority, Attorney General affirms

by Lisa Graves, Huffington Post

"It's my understanding," Polis said, "[California] did not have a functional state-level regulatory authority. Colorado does have an extensive state regulatory and licensing system for medical marijuana, and I'd like to ask whether our thoughtful state regulation ... provides any additional protection to Colorado from federal intervention."

Holder's response, though vague, offered Polis some assurance, while seeming to suggest that state-level regulation in California is inadequate.

"Where a state has taken a position, has passed a law and people are acting in conformity with the law -- not abusing the law -- that would not be a priority with the limited resources of our Justice Department," Holder said.

http://www.huffingtonpost.com/2011/12/08/medical-marijuana-federal-interference_n_1137745.html

Donna McKereghen - Spokane City Council Candidate District 1

Received Tuesday, October 25 at 12:59 pm 

Response to cannabis policy pledge:  

"If the as yet unformed committee came back with something like a public registry of community gardens, complete with addresses, I'm not sure I could go for that. I'd expect them to realize the security risk - both to property and people - but I really think that ALL the documentation needs to be kept on premises and NOT with the City - for reasons of public disclosure. I'm not sure it would be exempt from disclosure or that there wouldn't be a complaint/suit if it weren't released. Anyway, that's just one example. I learned a long time ago that, unlike law enforcement, moral people have to protect others BEFORE the event, not just send their condolences, after the fact."

Full Response .pdf  

Also, please see: 

Q&A: Donna McKereghan, running for Spokane City Council seat representing Northeast Spokane

By: Jonathan Brunt  from The Spokesman-Review July 14, 2011 

Steve Salvatori - City Council Candidate District 3

Recieved Monday, October 24 at 9:27pm

Response to cannabis policy pledge: 

"Thanks for sending the background information and the pledge. We recently lost my wife’s sister brain cancer. Between her surgeries, chemo and radiation treatments, it was a horrible year for Jeannie, right up till the day we finally lost her. One of the few things that gave her any meaningful relief was marijuana. She lived in North Carolina, so this was not a Washington issue at the time. My wife spent many weeks back there with her during her illness. She was given many pain killing prescription medications, and several others to help offset the impact of the chemo and radiation treatments, that we hoped might save her.

To a truly ill person, let alone someone who is terminally ill, medical marijuana seems to offer multiple therapeutic benefits, with little or no side effects, at a fraction of the cost. If it was discovered yesterday, it would be a blockbuster Rx drug today.

I fully support Medical Marijuana, and believe it should be treated like any other controlled Rx product, and be available with a doctor’s prescription at any pharmacy. I am not supportive of the idea of it being a local enterprise or sold through head shops or other non medical outlets, where there are little or not safeguards, and my support for Medical Marijuana is tempered by wanting to keep a crystal clear difference between this and legalizing recreational use.

I find our Federal laws on Medical Marijuana to be illogical, inconsistent, and indefensible. I support safe access to cannabis for qualifying patients. I have had several conversations with Darren McRea, a local Spokane advocate for the use Medical Marijuana, as well as numerous discussions with local law enforcement and individuals associated with the Federal Prosecutors Office to try and see if there is anything I can do to move the needle on our current situation.

You may definitely count me as a supporter of access to Medical Marijuana for qualifying patients. But I have problems in signing your pledge. For one thing, until Federal policy is changed, nothing we do locally or at the state level can prevent the Federal Prosecutors Office from continuing their raids. I think those raids are a horrible waste of government resources, but it is a federal decision, not a city one. Secondly, I am open to an Policy Oversight Committee being created, but how can I agree to support it’s recommendations before I know what those recommendations are? I can promise that I will work for safe access to medical cannabis for qualifying patients. But I believe to make that happen, we need to clearly create some space between medical use and recreational use, and the way this issue has been approached in the past has not done so, and I have no idea whether I would agree with a committee’s recommendations or not, without knowing what they are!

I have already publicly stated that I believe adult marijuana offenses should be a low priority enforcement, and I believe you can find that in the Spokesman.com Candidate Questionnaire responses. You also have my permission if you would like to use this e mail as evidence of my public position on access to medical cannabis, or the enforcement priority issue. But I cannot sign a pledge to support recommendations that have not been determined yet."

Spokane NORML Director John Parr, RN and MHP Spokane founder Jerry Laberdee. 

On Monday, October 24 Citizens for a Sensible Spokane sent out a request asking candidates running for council and mayor, as well as returning members of the council to sign a pledge clarifying their stance on local cannabis policy reform.  The pledge provides various options for addressing issues surrounding marijuana within city limits, including the formation of a Cannabis Policy Oversight Committee and the possibility of making adult marijuana offenses the lowest police priority. 

Recipients will have until Saturday, October 26 to reply with their position.  

Press Release & Pledge  

Medical Cannabis

Spokane's medical cannabis community sustained a series of almost fatal blows from the United States federal government earlier this Spring. Beginning on April 6, 2011, U.S. Attorney Michael Ormsby notified local landlords and dispensary owners to cease and desist or face possible federal prosecution. Many of the city's 30 or so dispensaries closed their doors independently. However, a few bold and compassionate providers remained open to patients in need.

On April 28 and May 18, those still open were raided by a joint task force of local, state, and federal agencies, including the U.S. Drug Enforcement Administration and the Spokane Police Department. Finally, on July 20,  five area providers were indicted on a list of federal charges and could face up to 20 years in prison. The aftermath of these events has forced Spokane's once thriving and open medical cannabis industry to move underground.

Meanwhile, Engrossed Second Substitute Senate Bill 5073, a bill revising Washington state's medical cannabis laws, was passed by the state legislature on April 22nd and included provisions for state-licensed production, processing, and dispensing of medical cannabis. However, these provisions were vetoed on April 29 when Governor Christine Gregoire signed the bill into law, under the assertion that state employees may be subject to federal prosecution for participating in such a program. (Governor's Veto Message)

The surviving portions of SB 5073 went into effect on July 22  of this year, allowing for 10- patient, 45-plant collective gardens rather than retail-style dispensaries. They also include provisions clarifying the 'one-patient-at-one-time' loophole exploited by many store fronts, limiting designated providers to assisting one patient every 15 days.

Although Spokane's medical cannabis industry has been severely disabled by interference from Washington, D.C., and inaction out of Olympia, local patients and providers are slowly coming together to rebuild a community and create safe and responsible access for those in need.

On June 20, 2011, the Spokane City Council voted unanimously to amend Spokane Municipal Code (SMC) Section 10.15.100 to include language accounting for recent changes made to Washington's medical cannabis laws, appearing to allow for collective gardens within city limits. However, the provision pertaining to medical cannabis is vague and does not stipulate whether collective owners are to obtain a business license, pay taxes, or are subject to other local laws such as zoning and land use codes. As a result, providers are reluctant to openly assist patients, leaving many without safe access to quality medicine.

It's important to note that Section 1102 of SB 5073 provides that cities, towns and counties may adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes. Localities such as Seattle and Ellensburg have already passed ordinances allowing for and regulating medical cannabis production within city limits. Other rural and more conservative towns and counties have opted to place bans or moratoriums on collective gardens. As the largest and most populated municipality in the region, city officials in Spokane have a responsibility to provide clarity on this matter.

Citizens for a Sensible Spokane's Medical Cannabis Product Regulations ordinance provides a framework for local advocates and city officials to begin discussions. Modeled heavily after an ordinance recently passed unanimously by the Seattle City Council, this measure would allow for safe access points to begin serving patients openly, without fear of reprisal, under conditions which are consistent with state law.

Decriminalization

Although medical marijuana has been dominating the headlines as of late, it's merely one aspect of a war on cannabis waged against U.S citizens for over 70 years by the American government. Prior to 1937, when Congress passed the Marihuana Tax Act, essentially outlawing marijuana in the United States, cannabis infused-products were available, without a prescription, at drug stores and pharmacies and were used by many to ease a variety of symptoms. Since then, cannabis has been vilified in order to support a plethora of ulterior political motives -- none more evident than former President Richard Nixon's blatant disregard for a federally commissioned report calling to decriminalize adult marijuana possession more than 40 years ago.

In 1972, the National Commission on Marihuana and Drug Abuse released a report, commissioned by then President Nixon, entitled Marihuana: A Signal of Misunderstanding. The commission, headed up by Raymond P. Schafer concluded that “possession of marihuana for personal use would no longer be an offense, but marihuana possessed in public would remain contraband subject to summary seizure and forfeiture. Casual distribution of small amounts of marihuana for no remuneration, or insignificant remuneration not involving profit, would no longer be an offense.” Rather than heeding the recommendations of the commission, Nixon went the other direction, initiating a war on drugs which has cost the American taxpayer over a trillion dollars to date.

Over the course of the last 30 years, a number of states and municipalities throughout the country have passed laws decriminalizing possession of small amounts of marijuana by adults. In 2009, the Washington State Bar Association endorsed SB 5615, a bill which would have made possession of 40 grams or less of marijuana by adults a class II civil infraction rather than a criminal misdemeanor. The Washington State Department of Community, Trade and Economic Development concluded that this approach could see a combined reduction in expenditure of upwards of $11 million per year for local governments. (SB 5615 full text and Fiscal Note)

Although the financial costs are staggering, the social and human costs are of  greater importance. More than 800,000 marijuana related arrests were made in 2010 in the United States, 90% of which were for simple possession alone. That's actually one half of all drug-related arrests in America. Misdemeanor convictions for marijuana can interfere with one's ability to obtain employment, receive financial aid for college, travel freely, and secure visitation or custody rights with children -- all for simple possession of a plant that has no lethal dose.

In an attempt to address these issues locally, Citizens for a Sensible Spokane has introduced a second ordinance in the form of a citizens' initiative which would make possession of 40 grams or less of marijuana by adults a class III civil infraction, punishable by a fine of up to $50, rather than a misdemeanor and possible jail time. This ordinance will not affect authorized medical cannabis patients, however. (Decriminalization Ordinance full text)

Although these ordinances are being submitted to the council in the form of citizens' initiatives under SMC 02.02.030, Sensible Spokane has no intention of sending these measures to the streets for a petition drive. Rather, we hope that members of the council and other city officials will take the responsibility they were elected and appointed to perform and begin working with local cannabis advocates to address these issues. If none of the current council members are willing to champion this cause, supporters are strongly encouraged to reach out to and endorse candidates who will take a stand on the matter for the November 2011 general municipal election.

Please join Citizens for a Sensible Spokane on Monday, September 26, 2011, at the Spokane City Council Chambers - City Hall Lower Level located at 808 W. SpokaneFalls Blvd -- for a hearing regarding Medical Cannabis Products Regulations and Possession of Marijuana. The meeting begins at 6:00pm and supporters are encouraged to sign up to speak in favor of both measures. At the end of the hearing, a representative from Sensible Spokane will request a legal review of each ordinance on behalf of the City Attorney's office in order to assist in the final draft of a comprehensive measure due out at the end of the year.

Committee meetings for the development of local policy will be held once a month at Merlyn's, located at 19 W. Main Ave. The first meeting is scheduled for Tuesday, October 4th from 7-9pm.

With passage of sections of WA State SB 5073, medical marijuana patients are now allowed to band together and form 10 patient, 45 plant collective gardens. 

As cities and counties across Washington state rush to impose moratoriums, regulate, or outright ban medical cannabis collective gardens, the City of Spokane addressed the issue virtually unnoticed close to two months ago. 

On June 20, 2011, the Spokane City Council voted unanimously to amend Spokane Municipal Code (SMC) to include language accounting for recent changes made to Washington's medical cannabis laws.

The title of SMC 10.15.100 was changed from

Controlled, Counterfeit Substances – Prohibited Acts

to

Possession of Marijuana

and now includes the language:

It is unlawful for any person to possess forty grams or less of marijuana except as provided pursuant to RCW 69.51A as now or hereafter amended.

This includes recent changes made to RCW 69.51A  via Washington State Senate Bill 5073 which allows for 10 patient, 45 plant collective gardens.

Amended SMC relating to possession of marijuana, full text: 

10.15.100 Possession of Marijuana

It is unlawful for any person to possess forty grams or less of marijuana, except as provided pursuant to RCW 69.51(A) as now or hereafter amended. A person who violates this section is guilty of a misdemeanor. A conviction under this section shall be sentenced in accordance with the penalties perscribed uder RCW 69.50.425 as now or hereafter amended.

Possession of Marijuana Amendment .pdf 

Although Spokane I-3 did not make the ballot this November, Citizens for a Sensible Spokane and other local activist groups were successful in bringing the issues surrounding marijuana to the forefront.

In a recent Q & A session with the Spokesman Review, local candidates were asked a number of questions, including weather or not they would support our lowest law enforcement priority ordinance. An overwhelming number of candidates answered in support of local marijuana policy reform.

The following are local candidates responses to a question regarding a lowest law enforcement priority ordinance and links to the full articles by columnist Johnathan Brunt:

Question: 17. Would you support a law, modeled after a law in Seattle, to make misdemeanor possession of marijuana by an adult the city’s lowest enforcement priority?

Michael Noder, running for Mayor - "Yes. I don’t want these cases in the judicial system, but want law enforcement to have discretion when such activities appear to threaten the rights and liberties of other citizens. Driving under the influence or providing access to minors are examples of legitimate law enforcement interest in marijuana-related matters.

This can be a perplexing governmental matter, but Constitutional restraint is the only path that will reverse the massive economic incentives and chaos our drug laws contribute to."

Full article

Dona Lampert, running for Mayor - "Yes, let’s enforce property crimes." Full article

David Condon, running for Mayor - "No." Full article

Mary Verner, running for Mayor - "The phrase “there ought to be a law” comes to mind. In Spokane, no law is needed to determine the city’s enforcement priorities. Law enforcement professionals use a common-sense approach to prioritize crimes against persons, domestic violence, child and elder abuse and endangerment, gang and repeat-offender crimes, and so forth. With extremely limited resources, the SPD already does not prioritize uncomplicated misdemeanors. However, officers should not be constrained to enforce when the context of the misdemeanor requires it. No new law is needed in this instance." Full article

Victor Noder, running for Council President - "Yes. I have come to believe that we know virtually nothing about food and drugs. If I made it onto the national stage I would lobby for real education in this area moving us as a group away from surgical interventions and pharma. It is ridiculous in that all these ailments we are currently plagued with, especially depression are cause by a lack of understanding that food is medicine and no longer are we receiving living and real food. So called dope or weed, could be medicine. What do we know about medicine in our culture. Organic problems are caused Nature does not cause them in my opinion. If it is grown from the earth using living water and air, it probably has some intertwining function above our understanding. I am very skeptical as to what motivated the illegality of marijuana in the first place." Full article

Steve Corker, running for Council President - "Yes, as long as the individual is not distributing or cultivating marijuana." Full article

Dennis Hession, running for Council President - "There already exists conflict between our own State marijuana laws and those of the Federal Government. Adding a third layer of government to the conflict will lead to further uncertainty not more certainty. The City Council passes laws which do not conflict with State and Federal laws in areas where the province of these higher governments is recognized. We work hard to identify and hire a Chief of Police and police officers with the best skills and greatest judgment we can. Their job is to protect the public and enforce the laws. They are professionally trained to do that, are worthy of our trust and they are held accountable to the public for exercising good judgment even under extremely stressful circumstances. Their responsibility includes the discretion to set priorities to insure the overall safety of our community." Full article

Ben Stuckart, running for Council President - "I don’t think that Spokane should pass a law just because Seattle passed one, but there is overwhelming evidence that the Seattle initiative has been a success and the fears concerning increase marijuana abuse proved to be incorrect. I would not be opposed to reviewing current police enforcement priorities. For example, the police force currently does not have any detectives assigned to car break-ins. I found this out the hard way when my car was broken in to last month. Property crimes are not victimless and there is a strong argument they should be prioritized above misdemeanor possession of marijuana." Full article

John Waite, running for City Council seat Northeast - "Yes. While it is important for the states and municipalities to comply with federal law, we have higher priorities as a city for use of taxpayer money." Full article

Donna McKereghan, running for City Council seat Northeast - "Filling our jails with low-level offenders, we now we need a bigger facility. However, I note that as our jails near capacity, one of the first types of arrests they suspend is for marijuana possession. This indicates that law enforcement already sees it as a low priority and citizens should do the same. While many consider marijuana to be a “gateway drug,” incarcerating people whose only offense is possession of marijuana is the more likely “gateway.” Placing them in jails with felons and repeat felony offenders is a good way to enculturate them into a life they would never have been exposed to, if not for their incarceration. Those driving under the influence of any drug should be incarcerated but it’s costing too much – both in terms of money and the actual creation of criminals to continue incarcerating so many." Full article

Gary Pollard, running for City Council seat Northeast - "Yes." Full article

Luke Tolley, running for City Council seat Northeast - "Yes and no. I would possibly support making possession of marijuana a low enforcement priority, but I believe that as long as it is illegal it should be enforced. I also believe that quasi-decriminalization leads to tying the hands of our law enforcement officers in ways that make it harder to do their jobs. Your average person in possession of marijuana may not be guilty of any other crimes, but many have warrants or are guilty of other crimes that are not discovered unless they are detained.

Unfortunately our detention system is overburdened, so from a budget standpoint it does make sense to divert non-violent, no-victim crimes from detention. Our court system is equally overburdened so it is important that any such laws to do not cause a situation where legitimate criminals can get off on technicalities because they were originally detained for possession of marijuana." Full article

Mike Fagan, running for City Council seat Northeast - "This question is very ambiguous and since I am not fully cognizant of Seattle’s ordinance, I feel a bit out of my element to just make a specific statement. In general, if the scenario called for an adult who for example is not trafficking, non-violent, not driving, did not have children with them, and has made a reasonable attempt to be isolated from the general public, I would take a libertarian stance and would be supportive of an ordinance. There is emerging science being conducted right now on the effects of, at what level, and how it does affect people and ability. There is statistical data which supports the starting of the dialog for an ordinance such as this." Full article

Steve Salvatori, running for City Council seat Northwest - "Yes. We need our police to focus their efforts where they can do the most good and prevent the most harm. Public safety needs to be our paramount concern, and we need to be as effective as possible in providing it." Full article

Joy Jones, running for City Council seat Northwest - "Yes, in times of tight budgets and a reduced police force, the city needs to change its focus from smaller and petty crimes, to those such as violent crime, property crime, and white collar crime. These are the important issues to the citizens of Spokane." Full article

Michael Allen, running for City Council seat South - "No." Full article

Richard Rush, running for City Council seat South - "The police department only has 290 commissioned officer positions, down from a high of 308 in 2004. Only 275 of those officer positions are filled due to resource constraints.

Between 1999 and 2010, there was a 14% increase in calls for police services. As a result, our law enforcement officers frequently cannot respond to calls for property crimes. These are calls the city should be adequately staffed to respond to. Therefore it is critically important law enforcement priorities are set appropriately.

I would welcome a conversation regarding the revision of law enforcement priorities to better serve our citizens. It would not be appropriate to support legislation establishing any law enforcement priority prior to having such a conversation." Full article

So, there you have it Spokane. These are your local candidates and their stance on cannabis policy reform. Get in touch with the people who explicitly support reform and endorse and support their campaigns. And don't forget to VOTE!!!

There are exaclty 8 weeks remaining in the campaign to collect 240,000+ signatures for I-1149

8 weeks = 56 days Therefore,

240,000 signatures / 56 days = 4285 signatures per day (7 days a week)

In other words, volunteers must collect just under 4,500 signatures per day, 7 days a week from now until July 8th.

To put this in perspective, volunteeers have collected just over 20,000 signatures in 7 weeks. Rounded up to 30,000 for the sake of argument.

7 weeks = 49 days Therefore,

30,000 signatures / 49 days = 612 signatures per day. Approximately 3,900 less than petitioners should be averaging per day.

In order to be successful, Sensible Washington needs approximately 112 volunteers to collect 40 signaturess per day, 7 days a week or 56 volunteers to collect 80 signatures per day, 7 days a week.

Spokane cannabis activists rally at the corner of Queen and Division for the 2011 Global Marijuana March. 

Spokane I-3 is more than just a lowest law enforcement priority ordinance.

The official title of the ordinance, if passed by the people of Spokane, shall be Marijuana Regulations and will be adopted as a new chapter 10.15B to title 10 of the Spokane Municipal Code (SMC).

Chapter 10.15B.020 states that,

The City of Spokane shall establish a system to license, tax, and regulate marijuana as soon as possible under Washington State law. At that time, the city council shall promulgate regulations that are consistent with Washington State law.

Chapter 10.15B.040 creates a Cannabis Community Oversight Committee to oversee the ordinance and advise the city council as to appropriate regulations. As per Chapter 10.15B.040, the committee shall consist of,

...one city council member; one city resident from each council district; one marijuana related business owner; one medical marijuana patient; one marijuana policy reform advocate; and one drug abuse, treatment and prevention counselor, ...

In addition this section also states that,

...The Spokane police department, the Spokane City Attorney and the Eastern Washington Cannabis Association shall each send one representative as a nonvoting liaison to each of the committee meetings.

Medical marijuana regulations will more than likely be delegated to local authorities.

Senate Bill 5073, a measure to reform Washington's medical marijuana laws, is undergoing revisions in a special session in Olympia. The proposed law as it is currently written states in Section 1102 that,

Local authorities may adopt and enforce laws regulating or banning medical cannabis in their communities.

Likewise, a May 5, 2011 article by Seattle's King 5 News stated that Senator Jeanne Kohl-Welles "is now working on a bill to let cities and counties approve licenses if they so choose."

Spokane I-3 not only mandates that cannabis be regulated locally, but it also gives local stakeholders a seat at the table in the form of the Community Oversight Committee.

How long has it been?

The last time the citizens of Spokane had their voices heard regarding cannabis was in 1998 when the people of Washington voted in favor of I-692, The Medical Use of Marijuana Act. 

A mere 2,778 signatures is all it takes for Spokane to reiterate our desire to make cannabis accecable to those in need and eliminate law enforcement interference with in our local cannabis community. 

So please, if you live in the the city of Spokane and are collecting signatures for Sensible Washington's I-1149, consider carrying a Spokane I-3 petition in order to support cannabis law reform locally.

I-3 Official 11x17 Petition (front and back)

Petitions must be printed front and back on a single, 11"x17" sheet of paper only and returned to CSS by July 5, 2011.

Signatures may be collected from registered voters residing with-in city limits only.