July 7, 2014
Archive for the ‘Washington’ category
July 7, 2014
Washington’s first wave of state-licensed cannabis retail stores are anticipated to open for business next week. Initiative 502, approved by a majority of voters in November 2012, authorizes the establishment of state-licensed cannabis producers and retail sellers.
The state’s Liquor Control Board is expected to begin issuing licenses on Monday, July 7. An estimated 20 retail stores are anticipated to open their doors later in the week. Similar state-sanction stores have been operating in Colorado since January 1.
With only a small number of stores likely to be operational at first, regulators anticipate that consumers’ demand for legal cannabis may initially outpace supply. In Colorado, retailers struggled initially to meet consumer demand, resulting in temporarily inflated retail prices for cannabis. Prices have steadily fallen in Colorado as additional retailers have opened for business.
Since the passage of Initiative 502, police filings for low-level marijuana offenses have fallen from over 5,000 annual arrests to just over one hundred.
[UPDATE: Here is a list (c/o of the Seattle Post Intelligencer) of the first 24 state-licensed stores:
WHIDBEY ISLAND CANNABIS COMPANY — 5826 S KRAMER RD STE, Langley
WESTSIDE420 RECREATIONAL — 4503 OCEAN BEACH HWY, Longview
VERDE VALLEY — 4007 MAIN ST, Union Gap
TOP SHELF CANNABIS – 3857 HANNEGAN RD, Bellingham
THE HAPPY CROP SHOPPE — 50 ROCK ISLAND RD, East Wenatchee
SPOKANE GREEN LEAF — 9107 N COUNTRY HOMES BLVD, Spokane
SPACE – 3111 S PINE ST, Tacoma
SATORI/INSTANT KARMA — 9301 N DIVISION ST, Spokane
NEW VANSTERDAM — 6515 E. MILL PLAIN BLVD, Vancouver
MARGIE’S POT SHOP — 405 E STUEBEN, Bingen
MAIN STREET MARIJUNA — 2314 MAIN ST, Vancouver
HIGH TIME STATION — 1448 BASIN ST NW, Ephrata
GREEN THEORY — 10697 MAIN ST STE B, Bellevue
GREEN STAR CANNABIS — 1403 N DIVISION ST, Spokane
FREEDOM MARKET — 820A WESTSIDE HWY, Kelso
CREATIVE RETAIL MANAGEMENT — 7046 PACIFIC AVE,Tacoma
CASCADE KROPZ — 19129 SMOKEY POINT BLVD, Arlington
CANNABIS CITY — 2733 4TH AVE S, Seattle
BUD HUT — 1123 E STATE ROUTE 532, Camano Island
AUSTIN LOTT — 29 HORIZON FLATS RD, Winthrop
ALTITUDE – 260 MERLOT DR, Prosser
4US RETAIL — 23251 HWY 20, Okanogan
420 CARPENTER — 422 CARPENTER RD, Lacey
2020 SOLUTIONS – 2018 IRON ST, Bellingham]
Mexico’s president is hinting that he is considering making marijuana legal south of the border, San Francisco Weekly reports. In an interview published Sunday in El Pais, President Enrique Peña Nieto said that the drug war is a failed policy and that it does not make sense for Mexico to continue its marijuana policy when the United States is becoming increasingly lenient.
The current policy in Mexico is that small quantities of marijuana are legal, but cultivation and distribution remain criminal acts. Mexico has recently seen a drop in marijuana prices for cartel-connected farmers as a result of the United States regulating large portions of the marijuana market here. In addition to his comments on the drug war, President Nieto added that Mexico should not continue on what he called a “path of inconsistency,” as the United States is reconsidering its own failed drug policies.
The U.S. Bureau of Reclamation, which oversees management of federal water resources, “is evaluating how the Controlled Substances Act applies in the context of Reclamation project water being used to facilitate marijuana-related activities,” said Peter Soeth, a spokesman for the bureau. He said the evaluation was begun “at the request of various water districts in the West.”
Local water districts in Washington state and Colorado, where recreational marijuana is now legal, contract with federal water projects for supplies. Officials from some of those water districts said they assume the feds are going to turn off the spigots for marijuana growers.
“Certainly every indication we are hearing is that their policy will be that federal water supplies cannot be used to grow marijuana,” said Brian Werner at Northern Colorado Water Conservancy District, which handles approximately one-third of all water for northeastern Colorado and is the Bureau of Reclamation’s second-largest user in the number of irrigated acres.
Washington state’s Roza Irrigation District, which supplies federal water to approximately 72,000 acres in Yakima and Benton counties, has already issued a “precautionary message” to water customers that may be involved in state-legal cannabis growing.
“Local irrigation districts operating federal irrigation projects have recently been advised that under Federal Reclamation Law, it is likely project water cannot be delivered and utilized for purposes that are illegal under federal law,” wrote Roza district manager Scott Revell in letters to the Yakima and Benton county commissioners. “Presumably growing marijuana would fall into this category.”
Both Washington and Colorado legalized marijuana for medical use more than a decade ago. Pot remains illegal under federal law. Reclamation’s Soeth said that the issue of cutting off water supplies for marijuana has never come up before.
A Department of Justice official told HuffPost it has no comment on the water issue. The Bureau of Reclamation is likely to announce a decision this month. “We’re going to work with our water districts once that decision is made,” Soeth said.
Marijuana advocates condemned the possibility of a federal water ban for state-legal crops. Mason Tvert, communications director for Marijuana Policy Project and key backer of Amendment 64, which legalized marijuana for recreational use in Colorado, criticized the hypocrisy of a federal government that would prevent water access to some legal businesses and not others.
“If water is so precious and scarce that it can’t be used for state-legal marijuana cultivation, it shouldn’t be used for brewing and distilling more harmful intoxicating substances like beer and liquor,” Tvert said.
The impact on Washington may be more severe, since the state’s marijuana laws allow for outdoor growing and, according to McClatchy, the Bureau of Reclamation controls the water supply of about two-thirds of the state’s irrigated land. In Colorado, marijuana businesses can only grow indoors.
Indoor growing in Denver, home to the majority of Colorado marijuana dispensaries, likely wouldn’t notice a shortage if the Bureau of Reclamation cuts off federal water.
“Because we are not a federal contractor, we would not be affected,” said Travis Thompson, spokesman for Denver Water, the main water authority for the state’s capital and surrounding suburbs.
But many other regions of the state rely on federal water. In Pueblo, about two hours south of Denver, about 20 percent of regional water is Reclamation-controlled. Although the remaining 80 percent of the region’s water is locally controlled, it passes through the Pueblo Dam, operated under Bureau of Reclamation authority.
“Yes, they come through a federal facility, but the federal facility is required to let those water right to pass,” Pueblo Board of Water Works executive director Terry Book said to southern Colorado’s NBC-affiliate KOAA.
The St. Charles Mesa Water District, another Pueblo-area water facility, has already imposed a moratorium on supplying water to marijuana businesses until the Bureau of Reclamation settles the issue.
The Bureau of Reclamation said its facilities deliver water to 1.25 million acres of land in Colorado and 1.2 million acres in Washington state. About 1.6 million acre-feet of water is delivered to Colorado’s agricultural sector from Reclamation and about 5 million acre-feet is delivered to agriculture in Washington.
As McClatchy reported last month that there are several viable alternatives to using federal water. Small-scale marijuana-growing operations may be able to use city-controlled water sources, or drill a well. Greenhouse growers are allowed to use up to 5,000 gallons of well water per day under state law. Any use beyond that requires a permit from the state. While some marijuana plants can require an average of six gallons of water per day, growing operations in the state are likely to fall well within that limit.
However, in areas of the state where much of the water is controlled by Bureau of Reclamation contracts, these alternatives aren’t as accessible.
The potential water ban has already set off local opposition. The Seattle Times’ editorial board urged the Bureau of Reclamation to allow federal water contracts to be used by marijuana farmers.
“The bureau has never had — nor should it have — a stake in what crop is planted. That’s a basic tenet of the 1902 National Reclamation Act, which created the bureau and transformed the arid American west,” read the May 4 editorial. “Yet the federal government is now threatening to forget that history, because some regulators are queasy about Washington and Colorado’s experimentation with marijuana legalization.”
As the Times’ board points out, there is some precedent for the Justice Department to stand down on the water issue. Last August, Attorney General Eric Holder told the governors of Washington and Colorado that the DOJ wouldn’t intervene in the states’ legal pot programs. And earlier this year, federal officials issued guidelines expanding access to financial services for legal marijuana businesses, so long as the business doesn’t violate certain legal priorities outlinedby the Justice Department.
“While we appreciate how the Obama administration has made some administrative concessions to the majority of voters who support legalization by issuing banking guidelines and having the Justice Department largely stand out of the way of state implementation, this water issue highlights the urgent need to actually change federal law,” Tom Angell, chairman of Marijuana Majority, told The Huffington Post. “There are bills pending in Congress that would solve this and other state-federal marijuana policy discrepancies, but so far the support from elected officials doesn’t even come close to matching the support from the public. I expect that gap will shrink with each passing election cycle as politicians start to see just how popular this issue is with voters.”
Source: Huffington Post (NY)
Author: Matt Ferner and Mollie Reilly
Published: May 19, 2014
Copyright: 2014 HuffingtonPost.com, LLC
Martin Nickerson has filed a federal lawsuit against the state of Washington, attempting to bar the state from collecting taxes on marijuana sales. Washington state officials are demanding that he pay taxes on those sales to the tune of $62,000. However, since Nickerson is under prosecution for the criminal sale of marijuana as a medical marijuana producer, he claims that forcing him to pay taxes on his sales would violate his constitutional right against self-incrimination.
Alison Holcomb, an attorney with the American Civil Liberties Union who was the main author of Washington State’s successful ballot initiative, said the lawsuit has a low probability of taking down the state’s legal marijuana system.
Suppliers like Nickerson have already made public their intent to break federal law, Holcomb said, so paying taxes on their proceeds would not do much to further incriminate them.
“Paying taxes on marijuana implicates you, but so does everything else about being engaged in this system,” she said.
Ultimately, the case brings into question whether federal laws trump state laws when it comes to collecting tax revenue generated from marijuana sales. The outcome of this case could have a significant impact on medical marijuana businesses around the country.
The Washington State Marijuana Retail Licenses Lottery begins today with a total of 334 retail licenses to be awarded. Washington State University’s Social and Economic Sciences Research Center will be conducting the lottery for the state’s liquor control board, which oversees the marijuana retailers once they become licensed.
Approximately 1,500 applicants are in the lottery pool. With such a large applicant pool, the lottery process is expected to take all week with the board reviewing background checks on not only the applicants, but also their investors and financiers. The Washington State Liquor Control Board says, “The process will be extremely secure and will determine who gets a retail license to sell pot legally in Washington.”
“Legally” is the key term here. This lottery marks the beginning of WA businesses controlling the marijuana market and taking it out of the hands of criminals. Since small amounts of marijuana possession were legalized on Dec. 6, 2012, Washington residents have been acquiring marijuana through unlicensed, illicit dealers.
Final results of the lottery will be released on May 2, and the state expects to have the first marijuana stores open sometime in July of 2014, in accordance with the Implementation of I-502.
Marijuana users really enjoy strong weed, but would prefer that it came without paranoia, memory loss and impaired ability to function. That’s according to a new report from the Global Drug Survey in partnership with The Huffington Post, which anonymously surveyed more than 38,000 users around the globe.
All marijuana is not created equal. Effects can vary depending on the plant variety, cultivation, processing and blending. Cannabis has two major plant types — indica and sativa — and hundreds of hybrid strains with different characteristics. It’s produced in forms that include dried flowers, oil and wax.
The survey asked users what they’d like in a “perfect cannabis.” The results show that the “global dominance of high potency [marijuana] leaves many users far from satisfied,” the researchers say.
So what would the effects be of perfect pot — or “balanced bud” as the Global Drug Survey calls it?
Users want their cannabis to be strong and pure. And they want it to have a distinct flavor, and to impart a high marked by greater sensory perception, allowing them to “comfortably” speak to others with more giggles and laughs, while giving them the “ability to function when stoned,” according to the Global Drug Survey report.
Users report they don’t like some side effects of strong marijuana, including hangover feelings, paranoia, harmful effects on the lungs, feelings of becoming forgetful, an urge to use more, and feelings of being distracted or preoccupied, according to the survey.
Responses to the Global Drug Survey:
“There appears to be a paradox in the way people describe their perfect cannabis,” the Global Drug Survey report says. “This is because most the effects of being ‘high’ are due to THC, but higher doses of this drug are associated with more negative psychological effects. So while they want a preparation with overall more pleasurable effects, they also describe wanting less of the negative effects that are also due to THC such as sedation, munchies, memory impairment, restlessness. It might well be what they are describing is a high potency THC containing preparation balanced by CBD which is missing from many current strains.”
Currently, 21 states have legalized medical marijuana. Colorado and Washington have legalized marijuana for recreational use and more than a dozen other states are considering legalization in some form. With all that interest and all those regulated marketplaces, growers and sellers can tap into users’ preferences with the Global Drug Survey data and help design a better plant.
The Global Drug Survey bills itself as the world’s biggest annual survey of drug users. This year, 79,322 people from more than a dozen countries participated in the anonymous online questionnaire.
Because the Global Drug Survey does not involve a random sample of participants, its results cannot be considered representative of any larger population. “Ultimately, the only people that this study (like so many others) can definitively tell you about are those who have participated,” the researchers say.
Source: Huffington Post (NY)
Author: Matt Ferner, The Huffington Post
Published: April 14, 2014
Copyright: 2014 HuffingtonPost.com, LLC
A steep drop in charges filed against adults over 21 in Washington state after legalization of marijuana shows the new law is freeing up court and law-enforcement resources to deal with other issues, a primary backer of the law said Wednesday.
The state chapter of the American Civil Liberties Union (ACLU) found that such low-level charges were filed in just 120 cases in 2013, down from 5,531 cases the year before. “The data strongly suggest that I-502 has achieved one of its primary goals — to free up limited police and prosecutorial resources,” Mark Cooke, criminal-justice policy counsel with the state ACLU, said in a news release.
Ian Goodhew, deputy chief of staff at the King County Prosecutor’s Office, said that hasn’t been the case in his office. He said prosecutors handled only a few misdemeanor pot cases a day before the law went into effect.
“There’s no great relief of workload,” Goodhew said. “All this has meant is maybe our calendar in District Court in the Seattle division is maybe, instead of 46 cases in a day, 44 or 43 or 42. We’re no longer filing misdemeanor marijuana cases, but we were not expending any significant resources on those cases at the time I-502 passed.”
Cooke conceded the law hasn’t fundamentally changed what prosecutors do every day but said when considered more broadly, I-502 has saved resources, from basic investigation and filing of paperwork to court time. He noted King County’s adult misdemeanor pot cases fell from 1,435 in 2009 to 14 last year.
“I can’t fault their logic,” said Mitch Barker, executive director of the Washington Association of Sheriffs and Police Chiefs. “If we took speeding off the books, that would free up time. If we took robbery off the books, that would free up time.
“The question we all have to look at is, is it good public policy? My sole concern is that when you expand access to marijuana for adults, you expand access for underage people.”
The pot cases that were filed in the state last year likely involved people caught with more than an ounce of weed, or the 28 grams, they’re allowed to have under Washington’s Initiative 502, but less than the 40 grams that can trigger felony possession charges.
The data, which came from Washington’s Administrative Office of the Courts, also suggest racial disparities remain a concern in marijuana charges, Cooke said.
Before I-502’s passage in 2012, blacks were nearly three times as likely as whites to face misdemeanor marijuana-possession charges in Washington, and that remained true among the 120 cases filed last year, he said.
Of the 120, white defendants accounted for 82 cases and blacks for 11. That equated for whites to 2 cases per 100,000 residents; for blacks, to 5.6 per 100,000.
The number of misdemeanor filings for those older than 21 had been dropping for several years, the group said, from 7,964 in 2009 to 5,531 in 2012.
Court filings for all drug felonies, including marijuana growing and selling, have remained fairly constant since 2009, at about or slightly under 20,000.
Among people younger than 21, misdemeanor marijuana-possession charges have also fallen in the past two years from 4,127 in 2011 to 3,469 in 2012 and 1,963 last year. People younger than 21 aren’t allowed to have pot under the state law.
Source: Associated Press (Wire)
Author: Gene Johnson, The Associated Press
Published: March 19, 2014
Copyright: 2014 The Associated Press
The House Budget Committee isn’t the most august room in Congress, but it commands respect, what with its oil portraits of former chairmen including Leon Panetta, who went on to be Defense Secretary and CIA director.
But it was the site on Tuesday of a briefing by the National Cannabis Industry Association, which you can think of as the pot trade group. So it’s probably not surprising that one of the questions asked of Rep. Jared Polis, a Colorado Democrat leading the fight for reform of federal marijuana laws, was how many of his colleagues smoked pot.
Five or 10, he guessed. But he noted he’d never seen any smoke. And besides, since the House is made up of so many old members, the number was bound to be small.
It’s a sign of how far the cannabis industry has grown that their leaders are here in Washington, chatting up reporters and fanning out to meet their representatives the same way, say, onion growers might. With marijuana decriminalized in Washington state and Oregon and medical marijuana allowed in 20 other states and the District of Columbia, those who sell and distribute legal weed need a voice in Washington where any number of laws and regulations still treat them like outlaws.
For instance, because of laws designed to keep drug cartels from protecting their financial assets, it’s almost impossible for cannabis dealers to use regular banks for their business, forcing them to carry around bundles of cash as if they were, um, drug dealers.
What’s worse, some dispensaries have had to segregate their cash so it doesn’t smell like pot. Making payroll, buying goods from suppliers, all with cash, is like something from the Middle Ages. The Obama administration has tried to ease some federal banking regulations, but it’s not clear whether that’ll be enough to convince skittish banks — loathe to run afoul of Dodd-Frank, let alone this — to let cannabis dealers open checking accounts or give them loans.
To boot, cannabis dealers are not allowed to deduct their business expenses because of IRS regulations aimed at drug dealers. With an effective tax rate that can run as high as 85 percent, the cannabis industry has won the support of Grover Norquist’s Americans for Tax Reform, which has joined in the fight to repeal the regulation. Any number of other laws are keeping cannabis dealers in the doghouse even as voters have made their voices clear across the country.
While public attitudes about marijuana have moved sharply in recent years — as a group, only voters over 65 believe it should remain illegal — the political climate hasn’t caught up with public opinion. Only a modest number of Congressmen have instituted support for the many bills and laws aimed at treating cannabis sales like any other business.
One of them is Dana Rohrabacher, one of President Ronald Reagan’s White House speechwriters, who represents the beautiful coastline of southern Orange County, Calif. (The Oliver Stone drug movie, Savages, was set in Laguna Beach, part of Rohrabacher’s district.)
Rohrbacher is a longtime surfer, even at age 66, a firebrand conservative and an outspoken critic of “communist China,” who suggested this week that Obama could be impeached over executive actions on health care and immigration. Still, criminalizing marijuana, Rohrbacher said, “is an absolute waste.” He added: “What is freedom all about? It’s about your right to make decisions.” But he concedes his colleagues will likely prove slow to embrace an issue they think would hurt them politically.
To help soften the mood on Capitol Hill, the cannabis trade association asked Celinda Lake, a Democratic pollster, to test public attitudes about marijuana. She found a widespread and growing acceptance of pot legalization, one reflected in other polls and also in popular culture where stoner comedies are blockbuster movies.
The data, though, show that the same forces that suggest the Democrats will do poorly in the midterm elections in November — low turnout among all groups save for the elderly, who lean right — create a climate that could spook some Congressmen from backing a change in the marijuana laws.
Asked if his GOP colleagues might be sympathetic to the argument, Rohrabacher says his fellow Republicans would favor pot reform if it were a secret ballot. Getting them out in the open won’t be easy.
Retail sales of cannabis in the month of January yielded an estimated $3.5 million dollars in state tax revenues, according to financial data released online this week by the Colorado Department of Revenue.
Under Colorado law, commercial cannabis producers must pay a 15 percent excise tax, while retail customers must pay an additional ten percent sales tax (on top of the state’s existing 2.9 percent sales tax) on any cannabis purchased at a licensed facility. The majority of Colorado voters approved the imposition of cannabis-specific taxes (Proposition AA) in November 2013.
For the month, customers spent an estimated $14 million on the purchase of marijuana and cannabis-infused goods at state-licensed facilities. This figure is anticipated to grow larger as more and more facilities become operational.
State law authorized the retail sale of cannabis beginning on January 1st to those age 21 or older. At that time, only 24 retailers were operational. By month’s end, nearly 60 facilities were up and running. Presently, over 150 licensed facilities are operational.
Similarly licensed retail operations are anticipated to be operational in Washington by this summer.