The judicial branch weighs in on employee marijuana rights, drug doggies, and more.
Sooner or later, everything winds up in court. You spilled a scalding cup of java on your nads at the McDonald’s drive-through; the insurance company refuses to pay for “water damage”; you’re tired of arsenic in the drinking water; ya feel like suing Costco . . . just because. And now that cannabis is entering the mainstream, it’s time to lawyer up, in this week’s legal round-up.
Legal Weed, But Not if You Have a Job
Colorado’s Supreme Court ruled last week that, regardless of the state’s legalization of marijuana, an employer can fire a worker who uses cannabis, even for medical reasons. The case couldn’t have had a more sympathetic poster boy: Brandon Coats, a 34-year-old quadriplegic, was a model employee, but was fired by Dish Network in 2010 after failing a random company drug test. (As if we needed another reason to hate television service providers.) Medical pot has been legal in Colorado since 2000, and Coats had a doctor’s authorization. He never smoked weed at work—nor was he ever under the influence during the day; he used cannabis in the evenings to help with sleep, muscle spasms, and stiffness. Even Dish doesn’t dispute this assertion. Nevertheless, a failed drug test won’t fly in the Zero Tolerance zone, and so, even though his home use was legal and off-duty, the company used their drug policy to terminate Coats.
While both medical and recreational marijuana are legal in Colorado, the court agreed unanimously (6-0) with the satellite television company, stating that laws that protect employees from being fired for “lawful activities” hold water only when those activities are legal under bothstate and federal law. Dish officials said they were as pleased as (non-alcoholic) punch with the decision: “As a national employer, Dish remains committed to a drug-free workplace and compliance with federal law.” Obviously, this ruling may waft over to Washington, which, like Colorado, has legalized recreational cannabis and is one of the 23 medical-MJ states. There’s only one solution to all this nonsense: Legalize cannabis at the federal level.
Good Doggy!
Earlier this month, the U.S. Supreme Court ruled that it is unconstitutional for the police to hold suspects at traffic stops without probable cause. That’s good news for folks with trunkloads full of contraband; cops can’t keep you waiting until the drug-sniffing dogs show up. (In Washington, of course, you’re allowed to drive around with up to an ounce of weed in your vehicle, though it’s probably not a great idea.) In the 6-3 decision, the justices ruled that holding a vehicle for even a few minutes violates the Constitution’s unreasonable-seizure shield. Everyone’s favorite justice, Ruth Bader Ginsburg, wrote in her opinion: “Police may not prolong detention of a car and driver beyond the time reasonably required to address the traffic violation.”
As noted in my cover story (“Fear & Loathing in Legal Territory,” Feb. 4, 2015), drug-sniffing canines here in Washington are being retrained for other tasks, as the smell of ganja is no longer a reason for suspicion.
Blazing on the Front Porch
While I am not a lawyer by training, I have seen several episodes of Boston Legal (big fan of Bill Shatner’s over-the-top performances), and thus can conjecture. That may not be the correct term. Point is, I can extrapolate. So when I read about the Iowa Supreme Court affirming the right of a gal to be shitfaced drunk on her own porch, I’m seeing a green light for cannabis. In 2013, Patience Paye called the cops on her boyfriend. When officers showed up to investigate for domestic violence, they determined she was the aggressor, asked if she’d been drinking (she had indeed, with over three times the legal limit in her blood), and charged her with public intoxication. Paye’s lawyers appealed her conviction, making a case that her front steps weren’t public at all, and that she should never have been arrested. Patience was patient, and the Supreme Court saw her point, ruling last week that the porch of a private home isn’t considered public, so long as the resident hasn’t invited the general public to be there. It just follows, then, that if ya don’t invite the masses to smoke a fatty on your stoop, ya can’t be charged with public stonification. That’s just logical, man.
Canna-Bar
To make sure that these legal lawsuits and challenges continue to advance the cause, we now have the National Cannabis Bar Association! The goal of the newly formed NCBA is to provide attorneys who are specializing in cannabis a place to get stoned and talk shop. Well, that, and to provide a networking platform to share ideas and strategies for a rapidly changing industry and complex political landscape.
“Attorneys have long been at the forefront of the fight for cannabis legalization,” said executive director Shabnam Malek. “Now that 23 states and Washington, D.C., have some form of legalized cannabis, there is a clear need for an organization focused on the business aspects of law and cannabis.”
The NCBA board comprises legal eagles from six states (including Seattle attorney Mitzi Vaughn of Greenbridge Corporate Counsel). The organization is open not only to practicing attorneys, but to paralegals, law students, and retired lawyers who just want to get their hands on some of the legal chronic. On the advice of legal counsel, we withdraw that last statement.
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Smoked Salmon, a Minor Setback, and Hope
Never thought I’d say this, but there’s almost too much marijuana in the news as of late. With cover stories this month in both Time (by local journalist and former Seattle Weekly scribe Bruce Barcott) and National Geographic (“The New Science of Marijuana”), you can’t walk by a newsstand or go online without getting a contact high. Of course it’s great that mainstream publications are finally treating the subject of cannabis in a more mature manner, rather than continuing to deliver cliched jokes about smokescreens and . . . contact highs. Still, I wish Time and Nat. Geo had saved some for later. Like good ganja, ya gotta space the hits out.
SMOKED SALMON
In addition to the weed-news deluge, a plethora of cannabis culture stories make me want to roll things back to the days of Reefer Madness. Take marijuana-infused salmon. Please.The owner of Rosenberg’s Bagels in Denver created a seriously smoked salmon when he recently infused the fish with cannabis. The process involved introducing marijuana into Everclear (which extracts the THC, the psychoactive element in ganja), then spreading the tincture over the fish for 72 hours before cold-smoking it (in the traditional way).
“The flavor is really great, not that weed-brownie flavor that you try to cover up with chocolate,” noted general manager Nicholas Bruno. “The dill, lemon, and cannabis—everything melds perfectly with the fish.” While the deli may have made a news splash, they’re ruining a perfectly wonderful fish, as well as some damn fine weed. (The lox/cannabis combo was more stunt than serious sales effort, as all marijuana edibles in Colorado must be clearly labeled and packaged in single doses of 10 mg or less.) I’ll say this much: Don’t even think about ruining our Copper River salmon by infusing it with pot. (Though Copper River Chronic does have a nice ring to it . . . )
Point is, not everything has to be infused with cannabis. Yoga classes are being combined with getting high, for example. Not necessary. Your yogic bliss should be enough for mind, body, and soul, so that it doesn’t require taking bong hits during bandhasana. A company introduced cannabis K-cups last week (Catapult coffee pods retail for $10 each), infusing your morning by truly waking and baking. How ’bout ya don’t!? Moderation, people.
SELLING TO MINORS
The state’s Liquor and Cannabis Control Board just busted four of the 22 recreational-marijuana stores they tested for selling to underage shoppers, which is—without a doubt—a serious screw-up. (As a point of comparison, Colorado did this kind of check last June after their retailers had been open six months, and all 20 passed the test.) The biggest reason these failures are so outrageous is that the board had announced to all recreational shops a month before that they would be doing compliance checks. Many journalists are calling the busts a major setback for marijuana (including Seattle Weekly’s own Daniel Person, declaring “Recreational Pot Is Having Its First PR Fiasco”). In fact, I think it’s just the opposite: A legal system, with due diligence, probing for violations and nailing those not in compliance sounds like a well-reasoned plan that moves in the right direction. (And indeed, idiots selling to underage kids should lose their licenses.) The rest of the stoned state gets a second chance—as every one of the 138 retail operations in the Evergreen State will be checked for compliance by the end of June. #getittogetherpeopleWE LEGALIZED IT—AND WE LIKE IT
Even with bumps in the rasta road, surveys from Public Policy Polling show that in the two states that legalized cannabis, the people like the law—even more than when they voted it in. Fifty-six percent of us here in Washington approve of the recreational weed law, and 37 percent dislike it. In the 2012 referendum, the same percentage of folks approved, but 44 percent voted against the intiative. Better still, 77 percent of voters say the new laws have either had a positive effect or no effect at all. In Colorado, a different poll confirmed the trend. Sixty-two percent of voters there support the new ganja laws, an increase of seven percentage points from the vote tally in 2012.Survey says: It’s all good.
CLEMENCY
Finally, in a bit of good news related to a previous column (“Prisoners for Pot,” May 13), the governor of Missouri commuted the sentence of a man serving a life term for marijuana. Gov. Jay Nixon’s commutation makes Jeff Mizanskey, 61, eligible for parole after being jailed for 22 years under Missouri’s three-strikes law. Part of the reason for the governor’s move? Four hundred thousand people had signed a change.org petition requesting clemency. Mizanskey’s not free yet, but he’ll plead his very strong case before a parole board this summer. A nonviolent offender, Mizanskey has been a model prisoner—and has served a longer term than many rapists, child-molesters, and murderers. (Parole accepted!) -
Weed By the Numbers
This week, just some cold, hard stats.
Clearly I am in support of the legalization of marijuana. And I’m passionate about the subject not only because I enjoy smoking weed, but I’d also prefer not to be arrested for buying it. Regardless, I try to be objective on the matter, understanding that not everyone likes to get high (on cannabis, anyway), and that countering decades of Reefer Madness may take time. So in an effort to be more neutral and journalistic, I’d like to let the plethora of statistics I’ve gathered speak for itself. Although numbers, of course, cannot speak.
Legal cannabis sales last year were $2.7 billion, $1.55 billion in 2013. Estimates for this year are over $3.5 billion (not including ancillary products such as pipes, papers, grinders, vaporizers, etc.).
According to a Gallup poll taken last month, 58 percent of adults think cannabis should be legal, an all-time high (no pun intended). Last year only 51 percent were in support, and in 2010, only 48 percent. The first time the Gallup poll asked about ganja was in 1969, when it found only 12 percent in favor of legalizing marijuana (and four percent claiming to have ever tried it).
Among Americans born between 1981 and 1997 (i.e., whippersnappers, aka millennials), 71 percent support marijuana legalization. Thirty-five percent of senior citizens (65 or over) support cannabis reform, as do 58 percent of baby boomers. Only 29 percent of those aged 70 to 87 think weed should be legal.
Even though the majority support the right to smoke marijuana, they don’t necessarily want it in their faces. According to Pew Research, 62 percent of Americans don’t want weed smoked in public, even if legal, and 15 percent don’t want guests using it in their homes. As for opening a pot store in their hood? Fifty-seven percent have no problem with a legal cannabis business in their neighborhood.
Women hold 36 percent of the executive positions in the U.S. cannabis industry, as compared to 22 percent of business-executive positions in the nation as a whole.
Almost half of us have tried weed at some point (49 percent), and 12 percent—around 22 million Americans—have fired up (or eaten a brownie) in the past year. Over the past decade, the number of adults who say they used pot in the previous year has doubled. According to the journal Drug and Alcohol Dependence, in 2013 40 percent of teens said they had used marijuana—down from 47 percent in 1999, but up from 37 percent in 2009.
According to a 2013 study by the National Survey on Drug Use and Health, almost 20 million Americans are monthly marijuana users, and 33 million try it every year. Two-thirds of those who say they use pot on an annual basis also report that they don’t use any other (illegal) drugs. According to the National Institute on Alcohol Abuse and Alcoholism, one in every three users experiences abuse of or dependency on the substance, adding up to 6.8 million Americans.
It’s estimated by the United Nations that worldwide, 3.8 percent of the population—about 266 million adults—uses marijuana at least once per year, and 22.5 million smoke cannabis daily. The countries with the highest percentage of potheads? Papua New Guinea (29.5 percent), Palau (24 percent), and Ghana (21.2 percent). Italians like it a lot (15 percent), as do Nigerians (14 percent). Lowest on the list? Japan (0.1 percent) and Singapore (0.004 percent).
A nationwide survey conducted by the University of Michigan found that 5.9 percent of college kids smoke weed on a near-daily basis, and only 5 percent smoke cigarettes, marking the first time since the study was first conducted in 1980 that more college students smoked cannabis than cigarettes.
The average rolled joint contains half a gram of marijuana. Since an ounce is slightly more than 28 grams, you’ll get almost 60 joints in an ounce. (Unless of course you are Snoop Dogg.)
Fifty-nine percent of Americans say that weed is easy to get a hold of, according to the National Survey on Drug Use and Health. Among kids aged 12 to 17, 48.7 percent say it’s easy to obtain, and for those 18 to 25, 75 percent do. That’s an even higher percentage than the 26-to-34 age group; 69 percent of them said it was fairly or very easy to get. Among those 35 to 49, 60 percent had no trouble getting the ganja, while only half of those 50 or older could find a dealer.
According to the packaging, the serving size for Nacho Cheese Doritos is just 11 chips. Eleven.
That’s a lot to think about. Oh, and #LegalizeIt.
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Higher Ground: The Stusser Omnibus Marijuana Bill
A modest proposal to head off the awful Senate Bill 5052.
Last week, three U.S. senators introduced a bill that attempts to amend many of the outdated medical-marijuana conundrums at the federal level. The bill would end the prohibition of medical marijuana, reclassify the plant from its current designation as a Schedule 1 narcotic (a status that suggests no medical value and high potential for abuse), and allow for more cannabis study and research. While the bipartisan bill doesn’t have a snowball’s chance in hell of passing, it’s a great conversation starter.Inspired by those ballsy senators—and in fear of the awful Senate Bill 5052 that is currently wending its way through Olympia—I’ve decided to take my own shot at solving Washington state’s own clusterfuck. So without further ado, I present the framework of my own Omnibus Marijuana Bill.
Let my people grow! I mean, really. Every other state that’s legalized marijuana has allowed citizens to grow for personal use, and we should too. It’s a no-brainer. Put a limit on the number of plants per person (six per adult, perhaps, or higher if used for medicinal purposes), and, like tomatoes and snap peas, allow folks to play in the garden. (Probably not a great plant for community pea patches, but fab for collective gardens for medical patients, many of whom are too sick to tend to the crop themselves.)
Regulate medical dispensaries. The state estimates that there are more than 1,000 dispensaries, operating all willy-nilly. While many are clearly fly-by-night operations that don’t check ID, a good number have been instrumental for decades in helping the medical community find strains and products and oils that help patients. So it just makes sense that any longstanding, established dispensary should be allowed to continue operating. Hell, I’ll pick a random number that can be allowed: 420.
No medical registry. The bill from Republican Sen. Ann Rivers that the state Senate just passed calls for the creation of a statewide registry for medical patients. Puh-lease. Patients don’t fear putting their names on the dotted line because they’re faking their illnesses to get cheaper weed, but because admitting to a felony at the federal level is a pretty bad idea. Patients can lose their jobs and have their children taken for this kind of admission. No registry.
Whack the taxes. Right now there’s a triple-decker tax structure in place: Recreational weed is hit with a 25 percent tax when it moves from farmer to processor, then again from processor to retailer, and again to the end customer. Pretty much everyone agrees a single tax is the best idea here—so pick a single sin-tax percentage and go with it. Too high, though, and I’m staying with my dealer.
Medical cards. Any patient with a qualified doctor who recommends (not prescribes) marijuana to alleviate suffering for terminal or debilitating conditions such as cancer, epilepsy, PTSD, and chronic pain should be allowed to purchase it tax-free at licensed medical dispensaries, just as citizens across the country (except Illinois) can receive their tax-free prescriptions for Ambien, Valium, Prozac, and whatever that purple pill is.
Free hemp now. My Omnibus Marijuana Bill is so comprehensive that I plan to roll hemp legislation into it, thus killing two buzzed birds with one stone: Legalize hemp for farming, commerce, and production, and just ignore the absurd bans on industrial hemp. Don’t be silly; the fibrous stuff doesn’t even get ya high.
Rec stores must stock medicinal products. Most of the individuals working to bring cannabis out of the shadows and into the legal mainstream were from the medical community—and riskily toiling long before the greedy Green Rush Potrepreneurs got in line for a Weed Lotto Ticket to make marijuana moolah. The least these green-lit licensees can do is stock their shelves with a small percentage of medicinal items in their inventory.
No pot, no pay. Cities and counties that ban marijuana outlets—either recreational or medical—will get absolutely no tax revenue from sales of marijuana. Period. In addition, as they are restricting both the will of the people and access for medical patients who may not be able to drive to places that do allow marijuana sales, these cities must build a FastTrack Elevated Electric Train system for their residents to travel from their homes to the nearest marijuana-friendly city.
Let’s get loungey! Pot lounges and cafes where adults can smoke marijuana are a safe and social way for folks to get fired up. Hell, even the Seattle City Attorney likes the idea. Allow for cigar lounges and smoky pool halls too! You don’t like ’em? Don’t patronize ’em! We’re not looking to be Amsterdam with a cannabis cafe on every corner—though if Howard Schultz wants to get into the franchise game, Starbuds is a damn fine name. Probably shouldn’t allow alcohol in cannabis clubs however; people get crazy on that shit.
This article first appeared in the Seattle Weekly.
