University of Washington



Name: Ashley Sherwood & Drew PearsallLesson:Washington Marijuana Laws (I-502) (30 minutes); Criminal Law Jeopardy Recap (25 minutes)Source:Original Time & Day Taught:One Teaching Day, February 28, 2013Number of Students:Designed for class of 20-25 students.Materials Required:PowerPoint with slides discussing Initiative 502; Jeopardy Game generated by GOALS: Learning about I-502 and reviewing the review the criminal procedure we’ve learned thus far helps:Introduce students to the differences between state and federal law and the tensions that may be caused by federal preemption;Understand how an “idea’ becomes an initiative on a ballot and eventually a law.C.Review, recap, and synthesize all the criminal procedure we’ve learned over the past four class periods.OBJECTIVES:A.Knowledge: As a result of this class, students will be better able to:1.Analyze how, although it is a law, there are still many open questions that may not be addressed by the text of the law.2.Develop arguments for why the new marijuana laws may present challenges for our state and how the federal government will deal with our state having laws that are in conflict with the federal classification of marijuana. 3.Recall the key legal aspects of Searches and Seizures, Miranda Rights and Terry Stops & Frisks. B.Skills: As a result of this class, students will be better able to:1.Debate whether or not the economic advantages of the new marijuana laws justify the legalization of the drug.2. Analyze how the new state marijuana law will affect certain criminal procedures – e.g., using drug dogs, how probable cause or reasonable suspicion can be established.3. Paraphrase legal aspects of 4th, 5th and 6th Amendment laws in the context of a test, quiz, or conversation. C.Attitude: As a result of this class, students will be better able to feel:1.Empowered that they know how the new marijuana law will work and will affect them when they are 21 years old.2. Confident that they know how an “idea” becomes a law – interaction between a ballot measure and the legislature’s role.3.Confident that they have learned something over the past few weeks that they can recall and discuss with friends, family members, etc. CLASSROOM METHODS:Current Events Update:Drew to talk about Supreme Court hearing Voting Rights Act case.Washington’s Marijuana Laws – I-502:History of I-502: Use this portion to give a background on how an “idea” becomes an initiative on a ballot.Summer 2011 – Need to get requisite 241,000 (approx.) signatures – I-502 received over 341,000 signatures.April 2012 – WA Legislature took no action – they could have passed it into law, sent it and a legislative alternative to the ballot, or ignore or reject it (which they did) and send to the fall 2012 ballot.November 2012 – Advanced to general ballotNovember 6, 2012 – I-502 approved by popular vote (56% yes, 44% no)Federal v. State Law: Use this to go over what is legal at the state level but still illegal at the federal level.Possession – illegal at federal level (still Schedule I substance) and legal at state level if you’re 21 years old!Amount – Illegal in any amount at federal level; state level legal to carry around one ounce.DUI’s – Illegal at federal level, at state level, similar to DUI’s with alcohol – limit set now is 5 ng/mL. Officer will conduct a field sobriety test and if they have established PC, they can arrest you and take you to station. Here, they will request that you submit to a blood test and if you do not, they can get a warrant to do so. Video – Q13 Fox News – Federal Preemption and Challenging the State Law3 minute video from Q13 that discusses a recent letter written by 8 former DEA Chiefs who put a letter out asking the Attorney General to sue the state of Washington and stop the passage of the marijuana laws.An older video (from October) but it’s a good video to show the students how federal law can still challenge state laws.Answers from the Seattle Police DepartmentCan you smoke outside? Like a park, Bite of Seattle, etc? Similar to open container in public – you might be subject to a civil infraction but won’t be arrested unless you’re doing something more serious/dangerous. Also, if you’re somewhere where smoking is not allowed at all (i.e., inside of a building) you also cannot smoke here.Does I-502 affect current medical marijuana laws? NO – same guidelines under state law.If I’m over 21, can you go anywhere and buy marijuana? NO the WSLCB has until Dec. 1, 2013 to implement the state’s permitting and sale program. Until then, it might not be illegal to possess it, but it’s illegal to buy it!What if you pull me over and smell marijuana? Not addressed by I-502 but the SPD says the smell of marijuana alone will no longer be enough to search your car. What about drug dogs? SPD hasn’t decided, but there is some concern that dogs don’t know the difference between your legal 1 ounce and larger amounts but if they alert, could search your car regardless!Criminal Law Jeopardy: Questions based on previous criminal law/criminal procedure lectures, activities, etc. Split class into pre-assigned groups. Go over rules of Jeopardy (answer in the form of a question, group that gets the question correct gets to choose the next category, you lose points if you get the question wrong, etc.). Answers to Jeopardy questions attached in separate document – website for game template here - (Password to edit game is streetlaw). Reward students with candy – we let each team take a piece of candy after each 500 points they earned.EVALUATION1. Active listening and participation during the I-502 lecture.2. Student response to any questions or hypotheticals presented during I-502 lecture. 3. Participation in Jeopardy game. To ensure participation by all students, give the quieter students a leadership role like raising their team number to answer the question or acting as a spokesperson. Street Law Teacher Notes (Taken after lesson plan taught):This is a controversial subject (particularly if you have younger students). However, the kids were very respectful during the subject and it was a great way to teach how state and federal laws interact. Much like we can teach criminal law without encouraging students to commit crimes, I think we can have meaningful discussions with the students about drug laws without encouraging students to do drugs.If this lesson plan is used in the future, make sure to update some of the Seattle PD facts/what they “say” about the marijuana laws and also how the state has decided to deal with the sale and distribution of marijuana. The laws in this lesson plan are up to date as of May 2013.The marijuana law discussion could easily be its own 50 minute class period (especially if you want to show more videos; although, make sure to watch the videos in their entirety as some of the marijuana law videos out there might be too graphic for students). Jeopardy doesn’t take the entire class period (only about 30 minutes), but could be good for an end of the year activity, shortened class period, or tacked on to a shorter lesson plan. ................
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