Washington legislators are doing everything they can to keep marijuana users from smoking together. It’s time that stopped.
It’s time for us to come together and smoke marijuana.
Over and over, legislators at all levels in Washington state have prevented us from doing just that by hampering public marijuana use—in fact, a recent law makes providing a place for public use a Class C felony. Lawmakers are making it impossible to promote and celebrate cannabis. Thus it’s time for some civil disobedience.
As an example of how cannabis can be used to elevate our civic engagement, let’s look at a state that’s getting certain things right: Colorado. Not only is the state working with its medical-marijuana dispensaries to expand patient care, many jurisdictions have licensed, members-only marijuana clubs where adults can safely use and learn about cannabis in a social, alcohol-free environment. In Seattle? Not allowed!
Colorado is also considering various social pot-use initiatives that would allow vape lounges and cannabis cafes. Another proposal would allow adults to bring marijuana into bars, theaters and restaurants. These establishments would all have dedicated smoking areas for adults, and smoking would never be visible from within 25 feet of any public space.
Colorado’s also leap years ahead on public events involving ganja. The best one I’ve seen so far was a collaboration between Edible Events, a cannabis company, and the Colorado Symphony. Called “Classically Cannabis” in the symphony’s High Note Series, it was a Bring Your Own Bud evening, including swag tables full of lighters and rolling papers, a designated smoking patio, and a parking lot full of food trucks for when the munchies kicked in. (Don’t get mustard on your tux, man!)
We legalized weed here in Washington. That’s a fact. (So is the $70 million in tax revenue we collected in our first year, which the legislature had no problem spending.) It’s also a fact that legislative pinheads are getting in the way of the public actually using it. “Once people have the right to acquire cannabis, the next logical step forward is figuring out what do they do with it,” says Hilary Bricken, head attorney at Seattle’s Canna Law Group. “People are saying, ‘So I can have it, but where can I use it and not feel like a criminal?’ ”
A voter-approved initiative banned cigar lounges (and all indoor smoking in public places) in 2005, and the mayor is attempting to shutter all private hookah lounges as well. We’ve already discussed the city’s no-smoking ban in parks. And now, with the passage of this summer’s draconian Bill 2136, marijuana clubs can’t exist either: “ ‘Marijuana club’ means a club, association, or other business, for profit or otherwise, that conducts or maintains a premises for the primary or incidental purpose of providing a location where members or other persons may keep or consume marijuana on the premises.” While designed to kill cannabis clubs, the law is (most likely) illegal, as it makes it impossible for medical patients to provide marijuana to other patients.
Even the Seattle City Attorney’s office thinks this is overkill. “We’ve supported creating adult-only areas where people can legally consume marijuana in order to avoid the problems caused by people using marijuana in public spaces, like streets and parks,” said Deputy City Attorney John Schochet. “Unfortunately, the blanket felony ban on ‘marijuana clubs’ in HB 2136 makes that impossible under current law. We hope to get that fixed during the next legislative session.” In the meantime, you’d be a fool to risk being arrested with a felony conviction on the line.
The Evergreen State needs to get some basic elements about legalization in place so as not become a laughingstock, and because the voters demand it! We need to be able to grow marijuana for personal use. (All the other legal states have this in place.) We need to decriminalize marijuana and expunge all records of those who were arrested and imprisoned for nonviolent marijuana-related offenses. And we need to allow and accommodate the actual smoking and vaping and ingesting of cannabis in adult spaces such as vape lounges, stoned cinemas, culinary tastings, art events, and Bud & Breakfasts.
The fact is, not only do people use marijuana, but they support the legalization and taxation of the plant for recreational purposes. It’s fun! It’s social! It’s no longer taboo! You’ve seen beer gardens and cocktail classes and wine-tastings galore, right? Oktoberfest, anyone? Walla Walla wine tours? Craft-beer workshops!? Hell, Smirnoff Vodka just signed as the official sponsor of LiveNation at 25 music festivals, and Blu, an e-cigarette (owned by Imperial Tobacco) sponsors IndyCar, handing out samples of their toxic-sticks at auto races! Marijuana may be safer than alcohol, but it’s still being shunned and shamed and banned throughout the state.
Well, guess what? In order to get it right (and rolling), I’ve decided to host a series of Higher Ground Cannabis Cultural Events. It’s not a club. I won’t sell tickets, and I won’t sell weed. We also won’t pass joints around—as, shockingly, this is a felony offense (considered “possession and distribution,” with potentially five years in the slammer and a $10,000 fine!) The gig will be BYOBong—and we’ll all get along. It will be educational, instructive, and a way to exercise our rights. I’ve lined up one of Seattle’s best bands, and we’ll have a few surprise guests to elevate the dialogue. We’ll proudly and safely use cannabis in an adult-only environment, and have a damn fine time!
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Higher Ground: Pot for Pets
Can weed give our furry companions happier lives and more peaceful deaths?
Remember the right-wing homophobes who claimed that if we allowed gays to get married, pretty soon people would begin marrying their pets? Well, now, the damn hippies who voted to legalize the wacky weed are indeed trying to get their dogs and cats stoned! Hooked on the hound hemp! The kitty chronic!?Companies like Seattle-based Canna-Pet and Canna Companion sell cannabinoid treats for dogs and cats—not to get them high (the hemp biscuits and capsules have very low levels of THC), but to help with joint discomfort and inflammation, and hopefully to make that yappy poodle across the street calm the fuck down.
Recently the Food and Drug Administration began cracking down on pooch-pot peddlers for some of the claims made in their marketing materials. The FDA wants phrases like “anti-cancer” and “anti-tumor” taken off Canna-Pet’s packaging, as those medical claims have not been proven.
Canna Companion, from Snohomish County, says their products are all-natural, and inhibit cancer-cell growth and reduce inflammation. Clinical trials monitored by the FDA haven’t taken place, because of course at the federal level, the testing or sale of marijuana is a felony offense—not to mention it’s hard to get Fido to fill out the post-trial questionnaire. Cats are better at giving feedback, but are prone to hissy fits in the comments section.
Similar to humans, domesticated animals have endocannabinoid systems and can potentially be physically and psychologically aided by ingesting cannabis. While industrial hemp hasn’t been proven as a puppy painkiller, many vets and owners have had success using the stuff to help pets gain weight after sicknesses and surgery, as well as to provide pain relief during end-of-life stages. Los Angeles veterinarian Doug Kramer told the Associated Press that he’s had more than 300 patients use cannabis to help everything from infections to separation anxiety to feline immunodeficiency virus to irritable-bowel syndrome (which I thought was the very definition of being a pet). Talk about skunk weed!
After giving his husky, Nikita, cannabis oils for her terminal cancer, Dr. Kramer said she gained weight and was able to live an extra six pain-free weeks before having to be euthanized. “I grew tired of euthanizing pets when I wasn’t doing everything I could to make their lives better,” Kramer noted. “I felt like I was letting them down.”
Things are going a bit too far in Nevada, where, as part of a bill to overhaul their medical-marijuana laws, state Senator Tick Segerblom proposed a Pot-for-Pets provision that would require animal owners to apply for medical-marijuana cards. Cards would be issued only if a vet wrote a detailed description of how Count Flufferton’s condition might be aided with Puppy Chow Dank. Good Lord, it’s hard enough for folks to clean up after their pets, much less register them for a Canine Cannabis Card. Feed ’em all the Purina Cheeba ya want, as far as I’m concerned—just pick up the poop!
Veterinarians agree that feeding a pet straight marijuana or blowing pot smoke in Mr. Bigglesworth’s snout is never a good idea; most companies marketing for pets are using all-natural hemp treats, cannabis oils, and glycerin tinctures that can be put into the water bowl.
Not surprisingly, People for the Ethical Treatment of Animals has something to say on the matter. “Our position is that anything that can help animals,” stated President Ingrid Newkirk, “if it’s truly, properly administered in the right amount and can relieve a dog’s pain—then they should be given the same consideration that humans in pain are given.” (No comment on whether PETA gives ganja to the tens of thousands of pets they euthanize at their shelters after not finding homes for the non-rescued souls . . . )
While weed’s not a cure-all for everything; it’s also not gonna kill you (or your chronic companion). My neighbor’s golden retriever, Bailey, not only drank half a gallon of paint I had (stupidly) left out one summer day, but also chowed the brush and sponge inside it. She hurled a lovely shade of Benjamin Moore chartreuse-green for a week, but went on to live—and crap in my yard—for another decade. The bottom line is this: I don’t care if Snoopy gets high as the Red Baron on Snoop Dog Bud-Bones, just keep that pooch away from my personal stash. The steak’s for me. Lassie gets the leftovers.
This article first appeared in the Seattle Weekly.
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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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Marijuana Is Medicine
When the team behind Initiative 502 wrote their marijuana law, they left the already well-established medical dispensaries and collective gardens out of the equation, assuming they’d be dealt with at a later date. Well, they were dealt with, all right—last week the Governor signed a bill to eliminate both entirely.
Lawmakers in Olympia had been looking to overhaul the parallel medical- and recreational-marijuana systems, and agreed on a bill (from hell) that will close each and every medical-marijuana dispensary. I’m not going to get all policy-wonky on this and lose my audience in the third sentence. (Still with me?) So lemme just break this down with one simple point:
For millions of Americans, marijuana is medicine. But most of us are not paying attention to this devastating legislative boondoggle, because—for most of us—cannabis is not stopping our seizures, halting our cancers, or helping to ease our chronic pain.
Yes, hundreds of storefronts are currently posing as medicinal dispensaries. And those false fronts are mucking up the legal retail system ushered in by I-502, which is designed to sell weed and collect taxes on said chronic. Still, that’s no excuse to derail a long-established collective that heals and soothes the masses. The problem of rogue green-cross clowns and overgrown gardens can be fixed without eliminating the main source of medicine for a community that’s been the very engine that started the GreenRush in the first place.
BuzzKill Bill 5052 has eliminated every non-I-502 store and suddenly tasked an already overwhelmed state Liquor (and now Cannabis) Control Board with evaluating and licensing a handful of medical dispensaries beginning in July 2016. But while dispensaries linger in the LCB Waiting Room, what might individuals with real medical needs do, exactly? Go back to Big Pharma and the addictive opiates that many of them have kicked by turning to cannabis? And what about those in rural areas that have banned marijuana entirely? Will Grandma with glaucoma get in her wagon and drive from Black Diamond to obtain her organic medicine?
Those on the outside might think patients can simply obtain their meds at a recreational store. But I-502 shops are not set up for—and do not meet the needs of—medical patients. Rec stores sell high-THC products for folks like me who want to get high as a kite for pure fun. As for lower-THC products, low-dose edibles, and specially formulated cannabidiol tinctures, not so much. Just as you wouldn’t send a patient to talk to a bartender about pain relief, your average budtender doesn’t have the hard-earned knowledge of proprietors at medical dispensaries, many of whom have been working hand-in-hand with farmers and MMJ companies since passage of the Medical Use of Marijuana Initiative in 1998.
Different patients use different products to alleviate their suffering: elixirs, cannabis juices, topicals, CBD oils, suppositories, and particular strains that have been fine-tuned, tested, and refined over a period of years. Safe access to thousands of these unique products will no longer be available—because rec stores won’t stock them. Why would they, when Bubba Kush and Sour Diesel are flying off the shelves? And the common practice of medical dispensaries giving marijuana to low-income patients? Not. Gonna. Happen. In fact, the new law slaps a 30 percent excise tax on medical sales.
There’s also a not-so-little legal problem. Bill 5052 mandates that in order for medical patients to receive their marijuana allotment (which has been lowered from 24 ounces to three), they must “voluntarily” put their names on a registry or database. The patient registry forces them to admit to a federal felony—not a great choice for anyone who is interested in holding public office, in a custody dispute, or applying for a job that employs background checks. And I’m no lawyer, but folks a lot smarter than me have pointed out that turning medical-marijuana regulations and oversight over to a Liquor Control Board is probably in violation of a whole lotta laws on the books at both the Food and Drug Administration and Department of Justice, not to mention that the registry is in clear violation of federal HIPAA laws.
One thing is for sure: Individuals and families being aided by cannabis are not going to go away just because we passed some dimwitted bill that eliminates their medical access. As you or I would, they’ll do whatever it takes to remain healthy. They will operate underground, thrive in the black market, and risk prison to produce and distribute medicine to their veteran husbands, elderly parents, debilitated wives, and seizing children.
Our Grand Cannabis Experiment does need to be tinkered with, but not at the expense of the medical community. If we’re going to do this right, unlike the federal government, we must acknowledge and respect that cannabis is used to truly heal our loved ones in a myriad of ways for a plethora of ailments. To herd patients into pot stores, take away their choices, eliminate their ability to speak to medical professionals in a safe environment, and force them to sign a registry admitting that they are felons? That’s not compassionate care, and it’s not what true legalization should look like.
