Will you be Queen Sativa—or a few grams short?
Marijuana has been legal in Washington for more than two years now, but, surprisingly, people know very little about the law. Take the Higher Ground CannaQuiz and see how you rate!
TRUE OR FALSE?
1. Each adult can grow up to four plants in their backyard.
2. I can walk around with an ounce of weed in my pocket and not get busted.
3. Because marijuana is legal in both Washington and Oregon, I can take Washington weed to a Portland pot party.
4. My employer can no longer fire me for testing positive for marijuana.
5. Drinking and driving is worse than smoking and driving.
6. On average, 16,000 people die every year from marijuana.
7. If I get pulled over, the cops can’t search my vehicle, even if it reeks of ganja.
8. Smoking and eating weed give you the same high.
9. Since legalization, more kids are using pot.
10. I can fire up in public, right?
ANSWERS
1. False. Unless you have a medical-marijuana card, it is illegal for you to grow marijuana. While all the other legal states (OR, CO, AK) allow home grows, Washington does not. #lame
2. True. So long as you’re 21 or older, you can indeed!
3. False. It is illegal to drive or fly (or walk) across any state lines with cannabis. You can, however, blow smoke across the Columbia if ya wish . . .
4. False. Not only can employers drug test you in legal states, but they can fire your ass for failing one. National companies especially are enforcing this principle, as many are legally required to comply with federal laws.
5. True. A comprehensive National Highway Traffic Safety Administration study shows that driving after smoking marijuana does not make you more likely to get into a car crash. Nonetheless, there is a limit of 5 nanograms of THC in the bloodstream for drivers and a zerotolerance limit for anyone under 21. (As THC stays in a person’s system for several days, it may show up from use occurring long before a test, even though the effects have long since dissipated.) We suggest you do not drive after either smoking or drinking. Tests also show that booze and pot simultaneously hamper skills far more than either one alone.
6. False. That’s the number of prescription-painkiller overdoses per year (16,600). Tobacco kills 480,000 a year, and alcohol-attributable deaths number 86,000 per year. Cannabis has not killed anyone. Ever.
7. True. In fact, not only is the smell of pot not a reason to search a vehicle, but the Supreme Court just ruled you can’t be delayed even one second for a drug-sniffing dog to show up.
8. False . . . big-time! There’s a delayed effect when you’ve eaten edibles (see Maureen Dowd) that can take 30 minutes or longer. Eating weed can also last much longer than smoking, sometimes peaking two or three hours after ingesting the product. The main thing folks should be aware of is that with a delayed onset, it may seem like you aren’t going to get high, and so you may be tempted to take another cookie or brownie. Go slow. Once you’ve figured out your dose, you can repeat as necessary on future trips.
9. False. The latest study from the National Institute on Drug Abuse showed a slight drop in pot use of adolescents and teenagers. One statistic did remain the same: Over 80 percent of high-school seniors said it was easy to get their hands on marijuana. The challenge continues to be educating them on the legal and physical risks involved in using it.
10. False. Similar to alcohol open-container laws, weed can’t be smoked in public places, including restaurant patios, parking lots, or concerts. (Total buzz-kill.) The good news is that if you do get caught with a doobie in Washington, ya won’t be hauled to jail, but given a $27 ticket.
How’d you do?!
1–4 correct You’re a burger short of a combo meal, a few grams short of a pound, and not the sharpest tool in the shed. Just be careful smoking herb and walking at the same time.
5 correct You’re Half-Baked, and need to brush up on the law before leaving the house. Or, better yet, remain couch-locked!
6–9 correct You’re a Budding Star, and only a few hits short of the cycle. Treat yourself to a brownie and a Seth Rogen movie!
10 correct You’re in elite company, and high on knowledge! Bong hits galore! We pronounce you Canna King or Queen Sativa!
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Higher Ground: Christian Chronic, Killer Pot, and Some Suing Sheriffs
Passing the dutchie to the right this time.
The idea of Higher Ground is to “elevate the dialogue,” and thus it’s important to remain open-minded to individuals and organizations on all sides of the marijuana-legalization conversation. With that in mind, let’s light the peace pipe and reach the roach across the aisle.WHAT WOULD JESUS DOO-BIE? Strongly opposing marijuana legislation are activists Alan Gordon and Anne Armstrong, who made headlines by bum-rushing a press conference supporting a new state legalization bill in Rhode Island. The duo aren’t against the notion of legal weed, but instead believe that taxing the plant is against the teachings of the Bible, and Satanic for putting money over patients’ rights. They take issue with the language of the law, claiming medical use of cannabis (which they believe is the Biblical plant called “kaneh-bos”) outweighs any laws, restrictions, or taxes.
“ ‘Marihuana’ is a slang term popularized by William Randolph Hearst in his ‘yellow journalism’ Reefer Madness-type propaganda,” Armstrong told Marijuana.com. “To pass laws about ‘cannabis,’ the plant specified in the Bible as essential to the Holy Anointing Oil, as ‘marijuana’ is as offensive to me as would be a law referring to ‘Equal Pay for Bimbos.’ ”
Gordon and Armstrong will be planting fields of the sacred herb in National Parks this summer, and dedicating them to religious freedom.
Praise Sativas!
CHRONIC KILLS New York Police Commissioner Bill Bratton is claiming that ganja is responsible for the murders, mayhem, and overall rise in crime in the Big Apple for the first three months of this year.
“In this city, people are killing each other over marijuana more so than anything we had to deal with in the ’80s and ’90s with heroin and cocaine,” Bratton stated. While murders in NYC have increased 17 percent from last year, whether pot is to blame is somewhat questionable. The overall crime rate in New York City is actually down: felony assaults have decreased 18 percent, robberies 22 percent, and crime on subways more than 25 percent.
Compare that to the largest cities that have legalized weed: In Denver, homicides are down 24 percent, but in Seattle they’ve soared—from 23 to 26. And the biggest fact-check of all: In 1990 there were 2,245 murders in New York. Last year? 383. While I’m attempting to be objective, it seems as though the marijuana plant’s not killing anyone.
SHERIFFS SUE While the Evergreen State skates, for some reason Colorado’s getting picked on, and has already been sued by neighboring states Nebraska and Oklahoma for its dope-smokin’ ways. Now a group of sheriffs from Kansas and Nebraska, and even inside Colorado, are piling on, and also filing suit.
“When these Colorado Sheriffs encounter marijuana while performing their duties,” the new lawsuit states, “each is placed in the position of having to choose between violating his oath to uphold the U.S. Constitution and violating his oath to uphold the Colorado Constitution.”
The reason sheriffs from Kansas and Nebraska submitted the initial lawsuit had to do with the porous borders their states share with Colorado. Apparently, it’s too damn easy for Okies to mosey over to Colorado, pick up that-there marihuana, and cruise back home with the wacky weed to share with friends and family at the annual Toothless BBQ. (Sorry, I’m really trying here, I swear.) In addition to violating federal law, officers state, legalization in Colorado jeopardizes the U.S.’s compliance with international anti-drug treaties.
As the sheriffs put it, departments are “suffering a direct and significant detrimental impact, namely the diversion of limited manpower and resources to arrest and process suspected and convicted felons involved in the increased illegal marijuana trafficking or transportation in their jurisdictions.” Maybe they should consider legalizing it.
Funded by the Florida-based Drug Free America Foundation, the suit goes on to play the Kid Card! “As a result of Amendment 64-related interdiction efforts,” it mopes, “departments have been forced to scale back on drug education and awareness programs in schools.” That hurts. (A related aside: Marijuana sales in Colorado since Jan. 1, 2014 have brought in $15.6 million in excise taxes specifically earmarked and voter-approved solely for public schools, according to the director of the office of capital construction for the state’s Education Department . . . just sayin’.)
LEGALIZE LETTUCE Finally, a pro-life, pro-gun, Tea-Partying Texas Republican has a unique and simple take on the legalization matter: Take every law that prohibits weed off the books. Representative David Simpson of Longview said his bill would increase individual liberties and decrease government control, bedrock values of the conservative movement’s libertarian wing.
“I think we’re at a tipping point,” Simpson said. “I think it’s clear the war on drugs has failed, that the war mentality has eroded individual rights, the sanctity of one’s home, the ability to travel freely with dignity. And at the root of all this is prohibition.”
The bill is as no-nonsense as the man behind it. Rather than add flowery language about taxation and registration, House Bill 2165 simply regulates marijuana . . . as a plant.
“I’m hopeful that if this bill were to pass, we could see hemp cultivated and used as ropes,” noted Simpson. “We can see the marijuana with differing levels of THC used medicinally. I think it’s the right thing to do. It’s the conservative thing to do.”
The bill allows folks to farm it and use it, like tomatoes, coffee, and corn. Untaxed. Deregulated. Done and get ’er done.
This article first appeared in the Seattle Weekly -
High Court Is In Session
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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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.
