Professional Documents
Culture Documents
Cannabis in Spokane:
For more information or additional copies of this report contact: Spokane Designated Provider 308 W. 1st Ave. Suite 201 Spokane, WA 99201 Phone: (509)217-6048 e-mail: ianm@sdpdirect.org Or download a .pdf copy at www.sdpdirect.org
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Contents About Spokane Designated Provider Author's Preface Washington State Law Federal Issues Major Stakeholders Patients & Providers Cannabis Entrepreneurs General Public & Minors Law Enforcement Full Legalization Advocates How Washington Communities are Addressing the Issue Seattle Ellensburg Tacoma Arlington Spokane The Future of Cannabis in Washington State Recommendations for Spokane Task-force Lowest Enforcement Priority Policy Regulation State & Federal Reforms Proposals Appendices Cannabis Regulation Ordinance Medical Cannabis Task-force Resolution Resolution in Support of Reclassification Lowest Enforcement Priority Policy Resolution Full Legalization Advocates in the News/Useful Links
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Author's Preface
I founded Spokane Designated Provider in 2008, in response to a raid and felony conviction against a close friend and authorized cannabis patient. This incident, as well as numerous similar actions throughout the region, inspired me seek out better methods for assisting patients. The proliferation of unregulated marijuana dispensaries in Spokane was also a motivating factor as this phenomena posed a health and safety risk to our community and a threat to appropriate policy reforms. Having worked as a nurses assistant and medication technician within the long-term care industry for over ten years, I've become accustomed to standard systems and protocols for the handling of narcotics and other prescribed medications. For reasons which I touch on in this report, medical cannabis in Spokane and Washington state has fallen far short of these standards. I present this information from the perspective of a political and entrepreneurial insider within the regional cannabis community; attempting to create a narrative and provide insight to those less familiar with the details of the industry. This edition is void of local crime statistics and economic data and is not intended to be construed as legal advise, nor does it advocate for any particular regulatory schema. Rather, I hope to use this document, and the proposals contained within it, as a foundation for discussing local reforms while considering potential effects on all area stakeholders. Ian Moody, SDP Executive Director ___________
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Federal Issues
Spokane's cannabis community sustained a series of almost fatal blows from the United States federal government in the Spring of 2011. 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; maintaining that marijuana is still illegal under federal law due to its Schedule I status on the Controlled Substance Act (CSA).9 Many of the city's dispensaries closed their doors independently. However, a handful of storefronts remained open for business. On April 28 and May 18, 2011, those still open were raided by a joint task force of local and federal agencies, including the U.S. Drug Enforcement Administration (DEA) and the Spokane Police Department.10 Finally, on July 20, 2011, five area providers were indicted on a list of federal charges and could face up to 20 years in prison.11 Since this time, similar events have taken place in other medical cannabis communities, most recently 1
in Pierce, Thurston, and King Counties.12 On November 15, 2011, U.S. Attorney for the Western District of Washington, Jenny Durkan, released a memo, in conjunction with raids by DEA agents on regional dispensaries, implying that federal resources were being used only to investigate, arrest, seize property from, and charge organizations in flagrant violation of federal guidelines, state law, and local policy.13 This trend toward a more targeted approach by law enforcement suggests that the U.S. Department of Justice (DOJ) will respect state and local regulations as long as players are acting within federal guidelines.
Major Stakeholders
Patients & Providers
At the forefront of the debate surrounding cannabis in Washington State are the patients and their providers. Without safe access to medicine, patients are unable to alleviate a number of symptoms related to various conditions without turning to potentially dangerous black-market sources. Likewise, patients and providers are at the highest risk due to inadequacies and inconsistencies in local, state, and federal laws. Not only do they face the threat of home invasion and burglary by criminals, but also raids, arrests, property seizures, and prosecution by law enforcement.
Cannabis Entrepreneurs
Beginning in 2009, cannabis patients and providers in Spokane began grouping together under various business models in order to provide safer access to patients. The most popular model was that of retail distribution in the form of dispensaries. However, local and federal law enforcement found this model to be in violation of both state law and DOJ guidelines14 and thus, were ordered to close in Spring 2011. In July 2011, SB 5073 went into effect allowing for patients to group together and form 10-patient, 45plant collective gardens. Many patients and providers have formed non- or not-for-profit organizations in order to facilitate transactions for supplies, equipment, rent, labor, etc. This model, however, is less effective at providing efficient, consistent, and reliable sources of medicine.
Seattle
In 2003, the city of Seattle passed an ordinance making adult marijuana offenses the city's lowest law enforcement priority. This ordinance included provisions for the creation of a Marijuana Policy Review Panel whose responsibility was to oversee timely implementation of the chapter as well as to research and report its effects on overall public health and safety.19 In 2011, the Seattle City Council unanimously passed an ordinance regulating the production and processing of medical cannabis within city limits allowing for safe access to local cannabis patients.20
Ellensburg
The City of Ellensburg also passed a cannabis regulation ordinance in 2011. Unlike Seattle's 3
ordinance, Ellensburg's policy provides for zoning restrictions, including banning collective gardens within 300 feet of schools.21
Tacoma
Tacoma passed a lowest law enforcement priority ordinance in 201122 and created a task-force to research and develop appropriate regulations for cannabis within city limits.23 Furthermore, the City of Tacoma included cannabis policy reform in its 2011 Legislative Agenda.24
Arlington
Many smaller and more rural communities, such as Arlington, have chosen to place moratoria on collective gardens until the state legislature clarifies the issue in its 2012 session.25
Spokane
Spokane's current policy appears to be one of don't ask, don't tell. Spokane Municipal Code (SMC) Section 10.15.100 was amended in June 2011, to include language accounting for recent changes made to Washington's medical cannabis laws,26 appearing to allow for collective gardens within city limits. However, the provision pertaining to medical cannabis is vague and does not stipulate whether collective operators are to obtain a business license, pay taxes, or are subject to other local laws, such as zoning and land use codes.
Regulations
Cannabis regulations in Spokane should be developed transparently, in a deliberative manner, and with substantial input from local stakeholders. Clarification from the state legislature this Spring coupled with recommendations from a local task-force should allow Spokane to arrive at appropriate regulations by the end of the year, if not sooner. As one of the largest municipalities in the state, it is the responsibility of the city to create an environment which allows for safe access to medicine for qualified cannabis patients through timely policy reform.
Proposals
Option 1: Cannabis Regulation Ordinance (Draft)
See appendix A
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Appendix A AN ORDINANCE REGARDING CANNABIS REGULATIONS WHEREAS, in 1998 the State of Washington approved the medical use of cannabis by patients with certain medical conditions and now several other states allow for the medical use of cannabis; and WHEREAS, Washington law also permits patients to grow medical cannabis for their own use or to designate a provider to grow medical cannabis for them; and WHEREAS, on December 10, 2010, Spokane marijuana providers received notification from the Washington State Department of Revenue regarding their obligation to pay retail sales and business and operating taxes; and WHEREAS, in 2011 the Washington State Legislature passed ESSSB5073 which permits collective gardens by qualified patients and/or their designated providers whereby they may, consistent with state law, collectively grow cannabis for their own medical use; and WHEREAS, in 2011 the Washington State Legislature passed ESSSB5073 which permits cities to regulate and license the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction; and WHEREAS, in 2011 Governor Christine Gregoire signed into law some portions of ESSSB5073, described above, taking effect on July 22, 2011; and WHEREAS, until recent action on behalf of the Spokane Police Department and the U.S. Drug Enforcement Administration, numerous medical cannabis dispensaries within the City of Spokane were peacefully providing care to qualified patients; and WHEREAS, the City of Seattle has benefited from the adoption of Initiative 75 in 2003, relating to making enforcement of marijuana-related offenses the lowest priority for their police department and prosecutors offices; and WHERAS, law enforcement resources can be better spent fighting more serious and violent crimes; and WHEREAS, in 2011 the Seattle City Council passed an ordinance regulating medical cannabis within city limits, allowing providers to continue assisting patients in a safe, consistent, and reliable manner; and WHEREAS, based on an estimate that four to five percent of Spokane residents, like in other jurisdictions, are medical cannabis users, Spokane may have over 10,000 patients using medical cannabis; and WHEREAS, the City of Spokane believes that the medical use of cannabis should be conducted in a safe and fair manner for the health, safety and welfare of the community; and
WHEREAS, the City of Spokane acknowledges federal prohibition but wants to respond to the changes in state law in a responsible manner that will minimize impacts on patients, providers, and the health, safety, and welfare of the community; Chapter 10.15B Cannabis Regulation 10.15B.010 Title
This chapter shall be known as the Cannabis Regulation Ordinance. 10.15B.020 Cannabis Regulation
The City of Spokane shall establish a system to regulate cannabis as soon as possible under Washington State law. 10.15B.030 A. Lowest Enforcement Priority Policy
As a matter of conserving scarce resources, the police chief and city attorney may adopt a policy making the investigation, arrest, and prosecution of adult cannabis (a/k/a marijuana) offenses their lowest enforcement priority. The lowest enforcement priority policy shall not apply to the following: 1. distribution or sale to minors; 2. possession, use, distribution, sale or cultivation by minors; 3. distribution, sale, cultivation, or use on public property; 4. driving under the influence. The lowest enforcement priority policy may apply to cooperating with federal agent to arrest, cite, investigate, prosecute, or seize property from authorized cannabis patients and their providers, as defined under RCW 69.51A. Community Oversight Committee
B.
C.
10.15B.040 A.
A Community Oversight Committee shall be appointed to oversee the implementation of this chapter and shall serve voluntarily. The committee shall be formed and begin meeting within ninety days after the enactment of this chapter, even if some of its members have not been appointed. The committee will be composed of one city council member; one city resident from each district; one authorized cannabis patient; one cannabis policy reform advocate; and one drug abuse, treatment and prevention counselor, each of whom will be appointed by the Spokane city mayor and confirmed by the city council. The committee members shall serve at the pleasure of the mayor, who shall appoint replacement members on an as needed basis with confirmation by the city council. The Spokane Police Department and the Spokane City Attorney shall each send one representative as a nonvoting liaison to each of the committee meetings.
B.
Responsibilities of the committee shall include: 1. 2. make recommendations to the Spokane city council regarding appropriate regulations; ensure timely implementation of this chapter. Severability
10.15B.050
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. ___________
Appendix B A resolution relating to medical cannabis; creating a Medical Cannabis Task Force. WHEREAS, in 1998 the State of Washington approved the medical use of cannabis by patients with certain medical conditions and now several other states allow for the medical use of cannabis; and WHEREAS, Washington law also permits patients to grow medical cannabis for their own use or to designate a provider to grow medical cannabis for them; and WHEREAS, on December 10, 2010, Spokane marijuana providers received notification from the Washington State Department of Revenue regarding their obligation to pay retail sales and business and operating taxes; and WHEREAS, in 2011 the Washington State Legislature passed ESSSB5073 which permits collective gardens by qualified patients and/or their designated providers whereby they may, consistent with state law, collectively grow cannabis for their own medical use; and WHEREAS, in 2011 the Washington State Legislature passed ESSSB5073 which permits cities to regulate and license the production, processing, or dispensing of cannabis or cannabis products within their jurisdiction; and WHEREAS, in 2011 Governor Christine Gregoire signed into law some portions of ESSSB5073, described above, taking effect on July 22, 2011; and WHEREAS, until recent action on behalf of the Spokane Police Department and the U.S. Drug Enforcement Administration, numerous medical cannabis dispensaries within the City of Spokane were operating openly, without regulation; and WHEREAS, as the largest municipality in the region, Spokane has a responsibility to create an environment which allows for safe access to cannabis for qualified patients while considering the wellbeing, health, and safety of the public at large; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPOKANE, Section 1. That a medical cannabis task force is hereby created to provide feedback and recommendations regarding medical cannabis regulations to the city council and other appropriate commissions, committees, and agencies. Section 2. That the City Council will consider, but not be limited to, representatives from the following areas to serve on the Medical Cannabis Task Force:
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Medical cannabis collective garden/dispensary operator Physician/MD/Nurse Practitioner/Naturopathic Doctor Neighborhood representative Anti-drug organization representative Non-profit organization serving patients with chronic illness Patient with a chronic illness Former law enforcement employee Private individual with legal experience Business community representative Representative of the Spokane County Regional Health District Cannabis policy reform advocate Community Member or Small Business Owner
Section 3. That the Mayor is authorized to appoint members and a Task Force Chair to the Medical Cannabis Task Force with confirmation by the City Council. ______________
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Appendix C A resolution supporting the Governor's rulemaking petition to reclassify cannabis for medical use from a Schedule I controlled substance to a Schedule II. WHEREAS, in 1998, the State of Washington approved the medical use of cannabis by patients with certain medical conditions and now several other states allow for the medical use of cannabis; and WHEREAS, RCW 69.51A allows for the medical use of cannabis for residents suffering from: (a)Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or (d) Crohn's disease with debilitating symptoms unrelieved by standard treatments or medications; or (e) Hepatitis C with debilitating nausea or intractable pain unrelieved by standard treatments or medications; or (f) Diseases, including anorexia, which result in nausea, vomiting, wasting, appetite loss, cramping, seizures, muscle spasms, or spasticity, when these symptoms are unrelieved by standard treatments or medications; or (g) Any other medical condition duly approved by the Washington state medical quality assurance commission in consultation with the board of osteopathic medicine and surgery as directed in this chapter. WHEREAS, Washington law also permits patients to grow medical cannabis for their own use or to designate a provider to grow medical cannabis for them; and WHEREAS, in 2010, the American Medical Association recommended that cannabis be rescheduled for medical use and research; and WHEREAS, discrepancies between state and federal marijuana laws have put law enforcement and local patents and providers at odds; and WHEREAS, on November 30, 2011, Governor's Christine Gregoire of Washington and Lincoln Chaffee of Rhode Island petitioned the U.S. Drug Enforcement Administration to reclassify medical cannabis from a Schedule I to a Schedule II on the Controlled Substance Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPOKANE that the City Council supports Governor Gregoire's rulemaking petition* to the U.S. Drug Enforcement Administration to reclassify medical cannabis from a Schedule I to a Schedule II on the Controlled Substance Act. ____________ *See: http://www.governor.wa.gov/priorities/healthcare/petition/combined_document.pdf 12
Appendix D A resolution urging local law enforcement to make adult cannabis (a/k/a marijuana) offenses their lowest enforcement priority. WHEREAS, in 2003, Seattle adopted Initiative 75 relating to making enforcement of cannabis-related offenses the lowest priority for their police department and prosecutor; and WHEREAS, in 2007, Seattle's Marijuana Policy Review Panel released the following conclusions: I. I-75 was implemented and following its implementation there were reductions both in the number of Seattle Police Department marijuana incident referrals and in the number of Seattle City Attorney filings of marijuana charges, although it is impossible to say whether these reductions were the result of I-75; II. There is no evidence of any adverse effect of the implementation of I-75, including specifically 1. no evident increase in marijuana use among youth and young adults: 2. no evident increase in crime; and 3. no adverse impact on public health. III. There is some evidence of arguably positive effects from I-75 in the following substantive areas examined: 1. Fewer adults experiencing the consequences of involvement in the criminal justice system due to their personal use of marijuana; and, 2. A small reduction in the amount of public safety resources dedicated to marijuana possession cases and a corresponding slight increase in availability of these resources for other public safety priorities. WHEREAS, in 2011, Tacoma adopted Initiative 1 relating to making enforcement of cannabis-related offenses the lowest priority for their police chief and city attorney; and WHEREAS, in 2011, local law enforcement participated in federal raids on area medical cannabis patients and providers; and WHEREAS, law enforcement resources could be better utilized fighting more serious and violent crime; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF SPOKANE that the City Council urges the police chief, city attorney, county sheriff and county prosecutor to make adult cannabis (a/k/a marijuana) offenses the lowest enforcement priority, as this term may be defined in their policy and procedure manuals. BE IT FURTHER RESOLVED that the City Council requests that the police chief, city attorney, county sheriff, and county prosecutor refrain from cooperating with state or federal agent to arrest, cite, investigate, prosecute, or seize property from medical cannabis patients, designated providers and collective gardens as defined under RCW 69.51A. 13
Appendix E Full Legalization Advocates in the News Deshais, Nicholas, The Association, The Inlander, August 27, 2009, http://www.inlander.com/spokane/article-15216-the-association.html , accessed January 9, 2012. *It's important to note that subsequent articles chronicling many of the players cited in the above reference have been removed from The Inlander's website. Deshais, Nicholas, Reefer rights, The Inlander, February 19, 2010, http://www.inlander.com/spokane/article-14645-reefer-rights.html , accessed January 9, 2012. Martin, Johnathan, Lawsuite filled over Seattle's medical marijuana ordinance, Seattle Times, December 15, 2011, http://seattletimes.nwsource.com/html/localnews/2017017879_marijuana15m.html , accessed January 9, 2012. Graman, Kevin, Advocates disagree on best way to regulate medical pot, The Spokesman-Review, December 27, 2011, http://www.spokesman.com/stories/2011/dec/27/marijuana-schism/ , accessed January 9, 2012.
Useful Links Municipal Research & Services Center of Washington Regulating medical marijuana http://www.mrsc.org/subjects/legal/medmarireg.aspx Washington State Department of Health Medical Marijuana http://www.doh.wa.gov/hsqa/medical-marijuana/ Association of Washington Cities Legislative Advocacy: Medical Marijuana http://www.awcnet.org/LegislativeAdvocacy/KeyIssues/medicalmarijuana.aspx *The references on this page, as well as the end-notes bellow, make up the bibliography for this publication.
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Section 2 http://www.eventure.com/i692/ Ibid Section 3 http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202007/6032-S.SL.pdf Ibid Parts VI & VII http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Session%20Law%202011/5073-S2.SL.pdf Governor Christine Gregoire to WA State House & Senate, Veto Message on E2SSB 5073, April 29, 2011, Office of the Governor from http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/Vetoes/5073-S2.VTO.pdf, accessed on January 4, 2012. Section 403 Section 404 (2) "Marijuana Stores Violate Federal Law U.S. Attorney's Office: Eastern District of Washington press release, April 6, 2011 On U.S. D.O.J. website, http://www.justice.gov/usao/wae/news/2011/2011_04_06_Marijuana_Enforcement.html, accessed January 4, 2012. Thomas Clouse, Feds raid more marijuana dispensaries, The Spokesman Review, May 18, 2011, http://www.spokesman.com/stories/2011/may/18/feds-raid-spokane-marijuana-dispensaries/ , accessed January 4, 2012. Meghann M. Cuniff, Grand jury indicts Spokane medical marijuana dispensers, The Spokesman Review, July 20, 2011, http://www.spokesman.com/stories/2011/jul/20/grand-jury-indicts-spokane-medical-marijuana-dispe/ , accessed January 4, 2012. Gene Johnson, U.S. Attorney: Only flagrant pot shops targeted, Seattle Times, November 16, 2011, http://seattletimes.nwsource.com/html/localnews/2016783876_apwamedicalmarijuanasearches2ndldwritethru.html , accessed January 4, 2012. Search Warrants Served In Investigation Of Marijuana Trafficking And Money Laundering, United States Attorney Jenny A. Durkan Western District Of Washington press release, November 15, 2011, on U.S. D.O.J. website, http://www.justice.gov/usao/waw/press/2011/nov/mjsearch.html , accessed January 4, 2012. Deputy Attorney General David W. Ogden to Selected U.S. Attorney's, Investigations and Prosecutions in States Authorizing the Use of Medical Marijuana, U.S. D.O.J., from http://blogs.usdoj.gov/blog/archives/192 , accessed January 4, 2012. Chelsea Bannach, Pot dispensers enter pleas, The Spokesman Review, August 12, 2011, http://www.spokesman.com/stories/2011/aug/10/pot-dispensers-enter-pleas/ , accessed January 4, 2012. See appendix E See appendix E Section 1102 Seattle, Washington, Municipal Code, SMC 12A.20.060 from, http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe? s1&s2=marijuana&S3&Sect4=AND&l=20&Sect3=PLURON&Sect5=CODE1&d=CODE&p=1&u=%2F~public %2Fcode1.htm&r=2&Sect6=HITOFF&f=G , retrieved January 4, 2012. Seattle, Washington, ORD No. 123661 from, http://clerk.ci.seattle.wa.us/~scripts/nph-brs.exe? s1=cannabis&s3&s4&s2&s5&Sect4=AND&l=20&Sect2=THESON&Sect3=PLURON&Sect5=CBORY&Sect6=HITO FF&d=ORDF&p=1&u=%2F%7Epublic%2Fcbory.htm&r=1&f=G , accessed January 5, 2012. Ellensburg, Washington, Municipal Code, ORD No. 4595 from, http://www.mrsc.org/ords/e43o4595.pdf , accessed January 5, 2011. Lewis Kamb, Voters resoundingly approve Tacoma's pot-priority initiative, The News Tribune, November 8, 2011, http://www.thenewstribune.com/2011/11/08/1898229/voters-resoundingly-approve-tacomas.html#storylink=misearch , accessed January 5, 2012. Tacoma, Washington, Resolution No. 38318 from, http://cms.cityoftacoma.org/cityclerk/Files/CityCouncil/RecentLegislation/2011/RL20110823.pdf , accessed January 5, 2012. Tacoma, Washington, 2011 City of Tacoma State Legislative Agenda, December 7, 2010 from, http://cms.cityoftacoma.org/cityclerk/files/documents/LegislativePriorities.pdf , accessed January 5, 2012. Arlington, Washington, ORD No. 2011-023 from, http://www.mrsc.org/ords/a7o2011-023.pdf , accessed January 5, 2012. Spokane, Washington, ORD No. C34741 from, http://publicdocs.spokanecity.org/cityclerkrecords/tempimages/ctcqt445wl13hemddabrjt55/86424.pdf , accessed Janurary 5, 2011. Jeanne Kohl-Welles interviewed by Jessica Gao, The Impact, TVW, November 16, 2011, http://tvw.org/index.php? option=com_tvwplayer&eventID=2011110071 , accessed January 5, 2012. Governor Christine Gregoire to DEA Administrator Michelle Leonhart, Rulemaking petition to reclassify cannabis for medical use from a Schedule I controlled substance to a Schedule II, November 30, 2011 from, http://www.governor.wa.gov/priorities/healthcare/petition/combined_document.pdf , accessed January 5, 2012.
29 See http://www.newapproachwa.org/content/initiative 30 Anonymous, Seattle marijuana policy review panel concludes I-75 working as intended, News releases, NORML.org, January 3, 2008, http://norml.org/news/2008/01/03/seattle-marijuana-policy-review-panel-concludes-i-75-working-asintended , accessed January 5, 2012.