A proposed draft bill on the legalities of using, growing and distributing cannabis for medical purposes has been circulated recently from Sen. Jeanne Kohl-Welles in hopes of clearing up some discrepancies in the state of Washington's current medical marijuana policy.
Under current law, the use of marijuana is permitted for medical purposes by qualifying patients but does not provide arrest protection. Patients are however allowed to assert an affirmative defense at trial with proof of compliance with the medical marijuana law.
The current law also states, "Patients may grow medical marijuana for themselves or designate a provider to grow on their behalf. Designated providers may only provide medical marijuana to one patient at a time. Patients and their designated providers are limited to possession of an amount of marijuana that is necessary for the patient's personal medical use, and not exceeding 15 plants and 24 ounces of usable marijuana."
Without clear and concise policy, the medical marijuana community has been under threat of persecution even though the state's voters have approved its use for medical purposes. The Seattle Police Department (SPD) has ranked its use the lowest priority for investigations and enforcement.
Despite all of this, an Oct. 25 raid by the SPD of a 50-year-old medical marijuana patient's home over two pot plants still exhibits a need for clarification.
Among other changes, a portion of the draft bill's summary states, "A voluntary registry system will be created within the Washington State Department of Health (WSDOH) with which law enforcement must consult before conducting a warrantless search or arrest or seeking a search or arrest warrant. The bill draft provides for arrest protection for medical cannabis patients, rather than the affirmative defense currently available to them. The bill draft provides for a system by which patients may purchase medical cannabis. They may continue to grow for themselves or have a designated provider grow for them, or they may purchase cannabis from a licensed dispenser, regulated by the WSDOH."
The following questions were posed to the senator regarding the draft bill:
Why was it necessary to change the term marijuana to the term cannabis?
"Cannabis is a scientific term and does not have the stigma that is attached to the term marijuana," replied Kohl-Welles.
What do you hope to obtain if this bill is passed?
"A safe, secure, reliable source of medical cannabis for qualifying patients," she answered. Kohl-Welles also said she wants to protect patients who have severe medical conditions from having to endure arrest or prosecution. "It also would remove ambiguity that exists currently for law enforcement."
The senator has stated she will introduce the bill this week during the 2011 Legislative session.
But those in the fight to reform the marijuana laws don't see this bill as a resolution when it comes to the big picture. In fact, they see the whole social policy surrounding the use of marijuana as impractical and flawed.
Jeffrey Steinborn, a Seattle lawyer serving on the National Organization for the Reform of Marijuana Laws (NORML) Board of Directors and the NORML Legal Committee, believes it shouldn't even be in the criminal justice system.
"This law is terrific," Steinborn said. "It will produce a monumental amount of work, from a new group of clients for civil attorneys who can bill by the hour at rates that would embarrass a prostitute. And, it will do so without significantly reducing the amount of work for criminal lawyers who already enjoy a wealth of business from the 850,000 folks busted for pot annually.
"If one thinks that medical marijuana is a good place to stop the reforms in cannabis regulation, these changes address some of the more glaring problems with our state's law," Steinborn said. "But the biggest problem, and I say this after 42 years as a soldier in the war on drugs, is that until the plant is free, we will not be free from the baseless persecution that accompanies its use."
Queen Anne Resident Stephen Johnson thinks the draft bill has some positive components to it though.
"I think the draft bill addresses some important issues," Johnson said. "People shouldn't have to live in fear of being raided or arrested for the legal medicine that they need."
For more information on Sen. Welles and the medical cannabis issue, visit www.senatedemocrats.wa.gov/senators/kohlwelles or Jeffrey Steinborn, Esq. and marijuana law reform efforts, visit www.potbust.org.[[In-content Ad]]
