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I-502

I-502. I-502. “Marijuana producer” – wholesale “Marijuana processor” – wholesale “Marijuana retailer” No criminal penalty for possession of less than an ounce – if over 21 If passes, goes into effect on December 6, 2012 WSLCB has until December 1, 2013 to adopt rules on licensing.

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I-502

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  1. I-502

  2. I-502 • “Marijuana producer” – wholesale • “Marijuana processor” – wholesale • “Marijuana retailer” • No criminal penalty for possession of less than an ounce – if over 21 • If passes, goes into effect on December 6, 2012 • WSLCB has until December 1, 2013 to adopt rules on licensing

  3. Retail sale and individual possession limts • Retailer can sell or Individual can possess up to: • (1) one ounce of marijuana • (2) sixteen ounces of marijuana-infused product in solid form; or • (3) Seventy-two ounces of marijuana-infused product in liquid form

  4. For non-licensed individuals: • Possessing between 28.3 grams and 40 grams will still be misdemeanor • Possessing over 40 grams will still be a class C felony

  5. Crimes? • Home growing still a crime • Delivery and Possession with intent still crimes • Wholesaling and retailing by licensees not a crime • Medical Marijuana laws still apply – affirmative defense

  6. Drug Paraphernalia • Eliminates criminal and civil penalties for possession, use, and sale of drug paraphernalia • Still crime/civil infraction for paraphernalia used for drugs “other than marijuana” • Definition of “drug paraphernalia” for sales no longer includes items used for marijuana, hash, or hash oil, roach clips, bongs, and chillums

  7. Forfeitures • Cannot forfeit drug paraphernalia used “solely to facilitate marijuana-related activities that are not violations of this chapter” • Real property “commercial purposes” is clarified to limit to those that “are unlawful under Washington state law” and whether offender licensed • Other changes to chap. 69.50 result in many marijuana activities no longer being violations of UCSA and therefore not subject to forfeiture

  8. Public Use or Display • It is unlawful to open a package containing marijuana, useable marijuana, or a marijuana-infused product, or consume marijuana, useable marijuana, or a marijuana-infused product, in view of the general public.” • Class 3 civil infraction • $50 + PSEA = $103

  9. Smoking Prohibitions • RCW 70.160.020 “Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. • RCW 70.160.030 No person may smoke in a public place or in any place of employment. • $100 civil penalty enforced by health dept.

  10. DUI • Sets THC concentration of 5.00 nanograms for adults, 0.00 nanograms for persons under 21 • Applies to DUI and physical control • Same “smoking after driving” affirmative defense available

  11. “Marijuana-infused product” Means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana-infused products” does not include useable marijuana. Hashish? Hash Oil?

  12. K-9 • Can K9’s that alert on marijuana be used for probable cause?

  13. Requires licensees to commit federal crime • Section 11 – WSLCB to establish a schedule for every marijuana producer and processor to submit representative samples to an independent, third-party testing laboratory.

  14. Authority of WSLCB? RCW 69.50.500 Powers of enforcement personnel. (a) It is hereby made the duty of the state board of pharmacy, the department [of health], the state liquor control board, and their officers, agents, inspectors and representatives, and all law enforcement officers within the state, and of all prosecuting attorneys, to enforce all provisions of this chapter, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and all other states, relating to controlled substances as defined in this chapter.     (b) Employees of the department of health, who are so designated by the board as enforcement officers are declared to be peace officers and shall be vested with police powers to enforce the drug laws of this state, including this chapter. ► Different from RCW 66.44.010 which specifies the power to execute search warrants and make warrantless arrests

  15. WSLCB Regulations • Separate license required for each location • $250 application fee and $1,000 annual fee. License issued by WSLCB • Producers and processors prohibited from a direct or indirect financial interest in a retailer • Immediate suspension of license for failing to pay support

  16. Very similar system to RCW 66.24.010 for liquor licenses • Notice to city or town before new or renewed license issued. • City or town may file written objections (you can get extension) • WSLCB must give “substantial weight” to evidence of “chronic illegal activity” associated with the applicant’s operation of the licensed premises or applicant’s operation of any other licensed premises, or the conduct of the applicant’s patrons inside or outside the licensed premises

  17. Sensitive Uses • No license for any premises within one thousand feet of the perimeter of: • the grounds of any elementary or secondary school, • playground, • recreation center or facility, • child care center, • public park, • public transit center, • library or • any game arcade admission to which is not restricted to persons aged twenty-one or older. • Liquor restrictions limited to schools • 500 feet over most direct route to main entrance • Liquor regs do require consideration be given to churches

  18. Marijuana Excise Tax – • 25% of selling price on each wholesale sale by producer to processor or another producer (producer pays) • 25% of selling price on each wholesale sale by processor to retailer (processor pays) • 25% of selling price on each retail sale

  19. Dedicated Marijuana Fund • Every three months: • $125,000 to DSHS for healthy youth survey • $50,000 to DSHS for contract with Washington state institute for public policy to conduct cost-benefit report (appropriation ends after final report) • $5,000 to UW for web-based education materials • Up to $1,250,000 to WSLCB as necessary for administration of act • If there is anything remaining after those disbursements: • 15% to DSHS for substance abuse programs • 10% to DOH for marijuana education and public health programs (might get local grant from this) • 0.6 % to UW and 0.4% to WSU for research on effects of marijuana use • 50% to the state basic health plan trust account • 5% to Washington state health care authority to community health centers • 0.3% to SPI to fund grants to building bridges program • Remainder to general fund

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