Medical Marijuana Grower, Others Sue to Stop Pot Legalization Initiative

The state’s most famous purveyor of medical marijuana and others have sued to keep a marijuana legalization initiative off the November ballot.

Claiming Initiative 502 could be “ruinous” to the state budget, opponents filed a lawsuit late last week in King County Superior Court claiming the ballot should warn voters of the measure’s costs.

Evaluators at the state Office of Financial Management have not yet said whether they believe the measure -- which would regulate marijuana production, distribution and possession – will have positive or negative financial impact if passed by voters.

Contacted Thursday, civil liberties attorney and I-502 supporter with New Approach Washington Alison Holcomb noted state law gives the Office of Financial Management until Aug. 10 to issue its opinion. She said she remains “confident the agency will meet its deadline.”

Standing behind the lawsuit is Steve Sarich, a medical marijuana advocate who gained notoriety in 2010 when he shot a teenage burglar attempting to break into his Kirkland home and pot grow.

Sarich, owner of CannaCare, and one of five young would-be burglars traded shots during the apparent break-in attempt. One of the teenage assailants had worked for Sarich, and two others had obtained medical marijuana licenses through CannaCare; all five ultimately pleaded guilty to charges related to the break-in.

The lawsuit is the latest move by pot-supporting opponents of the pro-legalization initiative.

Backed by numerous elected officials and several former law enforcement officials, I-502 has drawn criticism from anti-initiative activists who claim it would penalize unimpaired drivers who’d previously smoked marijuana.

- Read the entire article at The Arizona Republic.

Comments

Wow profit befor people thats

Wow profit befor people thats disgusting keep it on the ballot

That's what I dislike about

That's what I dislike about the very idea that we must present ourselves as sick or flawed somehow in order to enjoy the goodness of a life enhancing plant. Disgusting is too kind.

The truly disgusting are those who want a pot monopoly

If you investigate this further, it is not the med pot dispensaries who are being disgusting - they don't want to limit the number of outlets and would be happy to operate without doctors recommendations - it is those who push this initiative through who are being disgusting, by consolidating the entire economy away from ma and pa grower and dealer and handing it over to the liquor people - and preventing those who wish to grow their own from doing so.

As well, this law mandates that all those who partake in the cannabis economy to register with the Feds!

Jeffrey Steinborn (NORML Board of Directors): “I-502 is a government sting disguised as reform. The proposed law has no chance of surviving a court challenge based upon its requirement that all participants incriminate themselves by registering. The case law on this issue is plentiful and unanimous. This issue is not subject to debate. I’m astounded that so many intelligent, well-meaning people are able to ignore this glaring flaw and support the proposed initiative.

“What’s wrong with a state law that attempts to legalize and regulate cannabis through a system requiring that participants register with the state or be licensed by the state? One federal judge recently called the idea delusional. Confidential records held by state authorities can and will be subpoenaed by federal law enforcement. In the most recent litigation of the issue, records reflecting registration by persons participating in Michigan’s medical marijuana program were subpoenaed by the DEA. Michigan adopted a medical marijuana law which included registration provisions. The law provided confidentiality for those who registered. The DEA subpoenaed those records. The federal judge who heard the case not only upheld the validity of the subpoena, he ridiculed the people who’d imagined that a state law could trump the federal law.

“On page 13 of his opinion the judge writes: ‘The nationwide federal law against marijuana, and the nationwide federal organizations that enforce that law, were the same the day after Michigan adopted the MMMA (Michigan Medical Marijuana Act) as they were the day before. They did not go away. Thus, no reasonable person can expect to have a right of privacy from federal investigation when they violate federal laws. The MMMA card affords its holder no greater cloak of privacy than did the emperor’s new clothes. To believe the contrary is simply to close one’s eyes to reality. But when you open your eyes, the emperor is still naked; the elephant is still in the room.’

“The reference, of course, is to Hans Christian Andersen’s fairy tale about an emperor who was convinced by swindlers to believe he was wearing beautiful clothes, when in fact he was naked.”

“I-502 is quite specific about this issue. It modifies RCW 69.50.500 to require that the Liquor Control Board cooperate with federal law enforcement agencies. This is the same agency that’s given the responsibility to license and regulate cannabis. If that’s not a sting operation, I respectfully await some other explanation.”

Don't just accept that all things labelled "legalization" are good. Look into it a bit deeper:

http://www.nooni502.org/no-on-i-502/an-examination-of-faults-initiative-...

hey buddy its called free

hey buddy its called free market who ever grows the best cannabis and markets the best wins not buy cheating and sueing people again disgusting that your defending those greedy pricks

I see past all your google quotes

“I-502 is quite specific about this issue. It modifies RCW 69.50.500 to require that the Liquor Control Board cooperate with federal law enforcement agencies. This is the same agency that’s given the responsibility to license and regulate cannabis. If that’s not a sting operation, I respectfully await some other explanation.”

More anti I 502 fear mongering... Pure stupidity!!! When was the last time legal Washington state liquor and wine distributors ever arrested for doing legal Washington business! This sounds like the crap Federal prosecutors said to the Governor of this state... You sound like a prohibitionist.. wow .. you are a prohibitionist.. if it quakes like a duck its a DUCK!

This is the initiative that on Novembers ballot.. Passing I-502 will prevent thousands of arrests and show the nation that a state can and will pass legalization in the USA..

You and the rest of the NO on I-502 trolls aka tokeofthetown need to realize your initiative isn't on the ballot.. get over it.. and move the cause forward!!!!

Outrageous.

These people are truly sick if they want to use prohibition to help bolster their profits. Legalisation may well affect their own sales, but I am sure that overall the state will benefit immensly from the measure.

Come on and visit the United

Come on and visit the United States Marijuana Party
in Vermont, candidate Cris Ericson is on the ballot
Nov. 6, 2012 running for United States Senator
against incumbent Bernie Sanders.
Promote and support USMJP dot com!
There are only 100 U.S. Senators so we really need
Cris Ericson to win and make marijuana legal!
http://usmjp.com
Tell all of your friends today!

THANK YOU to all the folks

THANK YOU to all the folks here in Canada who understand the scene in Washington State. I live in Washington State and run a dispensary THAT SUPPORTS THE INITITIVE TO LEGALIZE MARIJUANA I-502. Most of my breathen dispensary owners here do not as they fear the loss of their income.
PLEASE BE AWARE THAT THERE ARE A GROUP OF PATIENTS AND PROVIDERS THAT ARE PRO ON I-502.
See www.i502.info

THANK YOU TO ALL YOU CANADIANS WHO SEE CLEARLY!

People in support of I-502

People in support of I-502 are pure fools, too pre-occupied with their own self interests to even know what's best for themselves. Maybe they never heard of the trojan horse, but at least in that instance the offenders were hidden. Now they are right in your face in plain sight and the only thing hiding them is your own damn ignorance.

Concerned Citizen describes the situation nicely, and I will add the following:

The maneuvering to legislate some arbitrary roadside test, "because we need it" and "they're doing it already anyway so this just makes it legal by giving them a guideline to follow".. (you could say the same for stuffing jews into ovens of course), while pretending it's scientific and technically relevant, is nothing more than a ramping up of prohibition measures, under the label of legalization so that morons cheer on their own executioners.

This is the ultimate in government greed and oppression. They want a full monopoly over any potential profits, and they want to continue their oppressive enforcement measures, using your tax dollars against you.

By acting like it's a move in the right direction, when it's in fact the opposite, government makes a convincing argument for the existence of the stereotypical pothead .... dazed and confused.

Any moron that supports such measures, should note the incredible cognitive dissonance they suffer when they say "tax us... we'll save all kinds of money". You save that money with legalization only in so far as it doesn't require the simultaneous ramping up for police powers, but a diminishing of them. This is the key point. What they're proposing now is trying to get you to hang yourselves, and it's likely you're dumb enough to do it.

This is not legalization and you are incredibly easily fooled if you allow yourself to think so just because the same people that tell you it causes schizophrenia say that it is. WAKE UP.

yes on I-502

The only fool is the one that doesn't move legalization forward.... FEAR is your only argument!

The "no" side is not being greedy, they just read the fine print

An Examination of Faults: Initiative 502 in a Nutshell
NO ON I-502 | MAY 24, 2012 BY NOI502_USER | 4 COMMENTS

Initiative 502 has caused a rift in the cannabis reform movement. It never had to be this way. Here are a couple of quick, initial points that should have immediately set off alarms for those who wrote this initiative:

One of our Drug Czar’s top national policies is encouraging states throughout the nation to adopt a per se DUID policy (as mandated for cannabis in Initiative 502). This is because it makes it easy to prosecute unimpaired drivers simply for having cannabis in their system (potentially from days ago).

Some of the most renowned and respected organizations in the cannabis law reform movement have been fighting adamantly, for years, against the same type of limit mandated in Initiative 502. For example, the Marijuana Policy Project calls this same limit “absurd“; the National Organization for the Reform of Marijuana Laws has warned us about these type of limits, and are currently doing an alert to stop the same limit in Colorado. In addition, many other legalization supporters have worked strenuously to stop per se DUID limits from catching on.

When voting to “legalize” cannabis, one doesn’t expect sharing (such as passing a joint/bowl in a circle) to continue as a class C felony, nor do they expect growing even a single plant to remain completely illegal.

Those who support legalization know how unethical zero tolerance policies are. The Marijuana Policy Project in a 2010 statement called zero tolerance driving laws “cruel, unusual, and bad public policy“. This is why it’s so alarming that I-502 mandates this type of policy for those under 21, ignoring the fact that individuals can possess and use medical cannabis in our state under 21.

Speaking further on how divided this has made the community; there are many who fear that, if not done right, legalization will lead to a complete government take-over of cannabis. Although this doesn’t have to be the case, Initiative 502 mandates it as truth. Initiative 502, for example:

Gives the Liquor Control Board the authority to control and regulate the amount of THC in the cannabis being sold in the proposed retail locations.

Gives the Liquor Control Board the authority to control the number of cannabis retail locations per county, potentially setting it at one, or in certain counties, zero: although current legal realities lead us to believe no license will ever be distributed, and the entire distribution system will be challenged and defeated in court as you can’t force a state to accept taxes from a federally illegal substance, as encoded into our Federal Controlled Substances Act.

Forces all business applicants (whether for growing or selling) to submit their fingerprints to the FBI, more than likely leading to harsh federal penalties placed upon those who may feel they’re protected under state law.

Claims to address the issue of hemp, but they do so by mandating arbitrary restrictions, forcing farmers to keep hemp at or under 0.3% or risk state prosecution (ignoring even the issue with federal law). This is not the route we should be taking with hemp, especially when the North American Industrial Hemp Council declares hemp as typically having up to 1% THC, and sometimes up to 3%.

New Approach Washington (NAW), the sponsor organization of Initiative 502, has continually spread misinformation and lies. For example:

NAW currently claims that Initiative 502 won’t fall victim to federal preemption (being rendered invalid in court under federal law), yet their own Campaign Director, when answering a question on the Stranger’s Questionland, stated; “Such a system [a marijuana distribution/regulation system] would most likely require someone to break federal law (depositing sales tax in a bank would constitute money laundering, for example) and therefore be vulnerable to a federal preemption challenge”.

NAW claims that I-502 treats cannabis like alcohol. This is obviously a falsity. For example, you can purchase an unlimited amount of alcohol, unlike the arbitrary one ounce limit introduced for cannabis. Passing a beer to a friend isn’t felony distribution as it would be with cannabis under I-502 if passing a joint or bowl. Unlike with alcohol, if two individuals are in the same vehicle, each with their “legal” ounce, they can still be hit with a constructive possession felony charge under I-502. In addition, clearly unlike alcohol; under I-502, possessing just 50% more than the “legal” amount will land you with a felony charge that holds a jail sentence of up to 5 years in prison (the same felony type and maximum sentence in Washington State as reckless burning in the 1st degree).

NAW claims that Initiative 502 in no way changes our state’s current medical cannabis policy. However, unlike even Arizona and Rhode Island (who both have legal exclusions to their per se DUID policy for medical cannabis patients), Initiative 502 makes Washington State one of the only states in the country that have a per se DUID policy for cannabis without an exception for patients. Nevada is one of these other states, and the year after they instituted a per se limit for cannabis, there was a 76% increase in cannabis DUIs.

NAW claims that they have the science behind the mandated per se DUID limit. This is clearly not true, as there is absolutely no scientific consensus to support any per se limit, better yet a specific 5 ng/ml limit. After the Colorado legislature voted down this exact limit in Colorado last year, they setup a working group to examine the issue, and they decided, after a lack of consensus, to deny a recommendation of a 5 ng/ml limit. In addition, State Rep. Roger Goodman (a friend of cannabis reform) introduced an even higher 8 ng/ml per se limit for THC not long ago, and revoked it after public backlash and after examining the science.
NAW claims that we can easily change these problems later. This is clearly disingenuous, or at the very best, naive. As for the per se limit, “drugged” driving laws are essentially never decreased, and altering it would be a political impossibility, at least for the near future (a bill to retroactively protect patients from this limit didn’t even make it out of committee earlier this year). This initiative may also, and likely will, lead to any meaningful change to our cannabis policies getting pushed off for years, as the citizens of our state will feel like they’ve already “legalized” cannabis (and given that we won’t see the public safety, civil rights or economic benefits of legalized cannabis due to I-502?s faults, this could set a negative example that could turn people away from legalization throughout the state and country).

The truth is, whether you’re in support of it or not, it’s hard to deny that Initiative 502 is riddled with faults, inconsistencies and dangerous policies. Washington State is one of the strongest supporters of legalized cannabis. We can do better. We encourage you to vote NO on Initiative 502, or, at the very least, beware of what you’re getting; which is not what it’s being presented as.

While I support legalization

While I support legalization for adults, I cannot support giving the industry over to a state monopoly. The initiatives in Oregon and Washington are bad laws, and would actually cause more people to be arrested for cannabis, not less. The laws we have in place now, decriminalization of less than an ounce and medical marijuana, while not perfect, are far better than the laws these initiatives would create. In any event, the Federal Government will not allow any state government to sell, tax, or regulate marijuana, so it is best to keep the laws we have now as they are already the best in the nation.

I disagree. Yes, there are

I disagree. Yes, there are faults but if passed it would cut WAY back on the number of people being put in jail for it. After that the laws could be refined in the courts. If it's shot down then the drug war continues and the medical marijuana opportunists continue to keep the prices high and make big money.

Jews are rapest from

Jews are rapest from california. The jews.from.california nd jeerusalem raped.me.when i was sleeping and i want them all dead. The jewish dont know to keep there hands to themselves, the roman is.going to fix the jews from california.and.jerusalem they are brred queers, there mothers and fathers are queers, bred jew queers like a race horse, nevr seen schools, and there kid bred with feminists and there kids breed with master queers, could you please.help a rape victim drive.the.jews.6 feet deep. I will only commit.violance against the jews from california and jerusalem and anyone who listens to them and or follows there.order via nano transmitters insid there ears. Jews should all be summary executed. Jews are jokes _ the jews are scared of catholic and theroman. Jews are pathetic people and we don need them on this earth. California and jerusalem are loosers from the beggining

Huh?!?!

Dude, don't look now, but somewhere along the way you lost your mind. You may want to seek out professional medical help, because, man you need it!

Jews are rapest from

Jews are rapest from california. The jews.from.california nd jeerusalem raped.me.when i was sleeping and i want them all dead. The jewish dont know to keep there hands to themselves, the roman is.going to fix the jews from california.and.jerusalem they are brred queers, there mothers and fathers are queers, bred jew queers like a race horse, nevr seen schools, and there kid bred with feminists and there kids breed with master queers, could you please.help a rape victim drive.the.jews.6 feet deep. I will only commit.violance against the jews from california and jerusalem and anyone who listens to them and or follows there.order via nano transmitters insid there ears. Jews should all be summary executed. Jews are jokes _ the jews are scared of catholic and theroman. Jews are pathetic people and we don need them on this earth. California and jerusalem are loosers from the beggining

I've been saying for years

I've been saying for years that medical marijuana is the wrong approach. The government's semi-tolerance of it has divided the vote for legalization and allows the drug war to continue unabated. Cannabis legalization should be a human rights issue ONLY. The government does not have the right to tell us that we cannot use it - period.

Scumbags

They are worse than the Feds! What scumbags, they wanted to smoke weed and got it but now they want all the $$$$. No different than the Feds or big Pharma. Let the rest of the country have it! I was going to go to WA if they legalized now i think i'll go to CO or OR; Greedy Bastards!

"The only fool is the one

"The only fool is the one that doesn't move legalization forward.... FEAR is your only argument!"

You have a perverse interpretation of "forward", don't you. The very same as any other political shill has for it, as if it implies progress.

Yet, it is the battle cry used to lead lambs to their slaughter. "STUPIDITY" and "IGNORANCE" are your only arguments,

"Rider:Yes, there are faults

"Rider:Yes, there are faults but if passed it would cut WAY back on the number of people being put in jail for it. After that the laws could be refined in the courts."

No it wouldn't. It would have the exact opposite effect. Neither will you be able to improve on it in court any more than you already haven't with the existing bad laws.

As per disagreeing with the medical movement, it shouldn't be the only route to legalization. Medical activists who think it's the only valid argument are self serving and self defeating. But it is a valid cause, and they must exist in parallel.

Bhonze: There is no excuse

Bhonze:

There is no excuse for you being so uninformed at this point, as "look at the details" so completely described them.

Was their a purpose to posting such stupidity other than to re-enforce the vacuous echo chamber?

Quite the the informed activist you are: I'll just move wherevers.

Yeah, screw those Judas, eh buddy?

THEY DON'T WANT THE COMPETITION!!

Medical Marijuana Grower, Others Sue to Stop Pot Legalization Initiative

All the BS they are dishing out against legal mj is BS.

There's a very simple reason why they oppoose a legal market for regulated mj: THEY DON'T WANT THE COMPETITION!!"

Everything they say is B___S__T!

Advertisement

Advertisement

Related Articles

Jan 9 2013
POT TV - Entrepenuers are rubbing their hands together at the prospect of a "Green Rush" in Washington and Colorado after the...
Dec 21 2012
POT TV - Watch Cannabis Culture News LIVE for the latest news and views on pot politics and the marijuana community.
Nov 20 2012
POT TV - CNN's Sanjay Gupta discusses the legalization of marijuana in Colorado and Washington State and interviews Dr.

Advertisement

Advertisement

Advertisement