Licenses - University of Washington School of Law
Name: Emma Kazaryan Lesson:Washington Marijuana Laws (I-502) and WA State Initiative Drafting Exercise Source:Updated/adapted from lesson plan by Ashley Sherwood & Drew Pearsall, posted on the UW Street Law pageGOALS: Learning about I-502 and the initiative process: 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.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. Understand how an initiative gets on the ballotB.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. Understand how to write an initiative and get it on the ballot 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 role3.Empowered that they know how to evoke changes in the law that they would like to see CLASSROOM METHODS:Washington’s Marijuana Laws – I-502:See the accompanying Powerpoint. 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: Explain the dynamics between federal law and state law; use the analogy of school rules versus rules in the classroom. 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.NOTE: The Obama administration has actually come forward and said that it will allow the states to move forward with their laws. The Department of Justice is expected to unveil new guidelines that might help banks transact with ‘legal’ marijuana companies this has actually been an issue for businesses that are trying to manufacture/sell marijuana legally in Washington state. Because marijuana is still illegal under federal law, many of the big banks are hesitant to give loans to these businesses or to allow them to open accounts. Answers from the Seattle Police Department*See attached teacher’s guide print out of all of the questions/answers from the SPD blog. From the WSLCB*See attached teacher’s guide print out of all of the questions/answers from the WSLCB FAQ I-502 Trivia: Trivia questions are in an attached document and adopted from Drew and Ashley’s Jeopardy game. Split class into groups of about 3-4 people Hand out a small whiteboard and erasable marker to each teamTell the students that you will be reading out trivia questions; after you ask each question, they should write their answer on the whiteboard; as soon as they have the answer they should raise their whiteboards (note the order in which the boards are raised); after all of the teams are done, the team that raised their board first will say their answer. If they are right, they get a point. If they are wrong, move on to the next team. At the end of the game, the winning team gets a small prize Washington State Initiative Process Drafting Exercise: See the accompanying Powerpoint. Review the process for getting an initiative on the ballot:-petition with at least 246,372 signatures of registered voters-submitted no later than July 5, 2014 (for this year)-recommended that sponsors get 325,000 signatures to allow for invalid signatures-once the petition is ‘certified’ (has the requisite number of signatures) legislature can either pass into law, send it and a legislative alternative to the ballot, or ignore or reject it, sending it to the ballot.b. Tell the students about some of the most popular past initiatives:I-282 Elected Officials SalariesI-1098 Establishing a State Income TaxI-1183 Privatization of Liquor I-502 Legalization of Marijuana c. Tell the students about some interesting initiatives that might be on 2014 ballot: I-1243 Let Voters Decide on Red Light Cameras I-1245 Don’t Tax Our Checkout Bags I-1258 Abolishing the Death Penalty I-1285 Prohibition of Tolls on Interstate Highway System An expired proposed initiative: Divide WA into two states (expired on 02/19/2013)d. Discussion question: Is the initiative process a good idea? Why? Why not?e. Ask the students to think of an initiative that THEY would like to see on the ballot and write it down; have them brainstorm ways that they would get people to sign their petition to get it certified. 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 trivia game. 4. Participation in initiative drafting exercise TEACHER’S GUIDE – SPD BLOG I legally carry around an ounce of marijuana?According to the recently passed initiative, beginning December 6th, adults over the age of 21 will be able to carry up to an ounce of marijuana for personal use. Please note that the initiative says it “is unlawful to open a package containing marijuana…in view of the general public,” so there’s that. Also, you probably shouldn’t bring pot with you to the federal courthouse (or any other federal property).Well, where can I legally buy pot, then?The Washington State Liquor Control Board is working to establish guidelines for the sale and distribution of marijuana. The WSLCB has until December 1, 2013 to finalize those rules.?In the meantime, production and distribution of non-medical marijuana remains illegal.Does I-502 affect current medical marijuana laws?No, medical marijuana laws in Washington remain the same as they were before I-502 passed.Can I grow marijuana in my home and sell it to my friends, family, and co-workers?Not right now. In the future, under state law, you may be able to get a license to grow or sell marijuana.Can I smoke pot outside my home? Like at a park, magic show, or the Bite of Seattle?Much like having an open container of alcohol in public, doing so could result in a civil infraction—like a ticket—but not arrest. You can certainly use marijuana in the privacy of your own home. Additionally, if smoking a cigarette isn’t allowed where you are (say, inside an apartment building or flammable chemical factory), smoking marijuana isn’t allowed there either.Will police officers be able to smoke marijuana? As of right now, no. This is still a very complicated issue.If I apply for a job at the Seattle Police Department, will past (or current) marijuana use be held against me? The current standard for applicants is that they have not used marijuana in the previous three years. In light of I-502, the?department will consult with the City Attorney and the State Attorney General to see if and how that standard may be revised.What happens if I get pulled over and an officer thinks I’ve been smoking pot?If an officer believes you’re driving under the influence of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you’re under the influence of something, they can get a warrant for a blood draw from a judge. If you’re in a serious accident, then a blood draw will be mandatory.What happens if I get pulled over and I’m sober, but an officer or his K9 buddy smells the ounce of Super Skunk I’ve got in my trunk?Under state law, officers have to develop probable cause to search a closed or locked container. Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle. If officers have information that you’re trafficking, producing or delivering marijuana in violation of state law, they can get a warrant to search your vehicle.SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?No.Will SPD assist federal law enforcement in investigations of marijuana users or marijuana-related businesses, that are allowed under I-502?No. Officers and detectives will not participate in an investigation of anything that’s not prohibited by state law.December 6th?seems like a really long ways away. What happens if I get caught with marijuana before then??? Hold your breath. Your case will be processed under current state law. However, there is already a city ordinance making marijuana enforcement the lowest law enforcement priority.I’m under 21. What happens if I get caught smoking pot?It’s a violation of state law. It may referred to prosecutors, just like if you were a minor in possession of alcohol.TEACHER’S GUIDE – WSLCB FAQs: ?When can I buy marijuana legally?A: ?The initiative allows the Washington State Liquor Control Board (WSLCB) until December 1, 2013 to write the rules, or implementation details, of the new system. Because the WSLCB is building the system from seed to sale, it will likely take the full year to complete the rules.Q: ?What is a license? How do I get it? When can I get itA: ?I-502 creates three separate tiers: marijuana producer, marijuana processor, and marijuana retailer. Specific license requirements are detailed in the proposed rules which are available here. Presently the Board is not accepting license applications. The best way to keep up to date on the process is to register for email notifications on the WSLCB website liq..Q: ?How much does a license cost?A: ?I-502 establishes a license application fee at $250 and a $1,000 renewal fee for each of the three licenses; marijuana producer, marijuana processor and marijuana retailer.Q: ?Can I hold all three license types?A: ?Having all three licenses is not permitted under I-502. A licensee may hold both a producer and a processor license simultaneously. The initiative does not allow a producer to also be a retailer or a processor to also be a retailer.Q: ?How many retail licenses will be issued?A: ?The number of retail locations will be determined using a formula that distributes the number of locations proportionate to the most populous cities within each county. Locations not assigned to a specific city will be at large. Once the number of locations per city and at- large have been identified, the specific locations will be selected by lottery in the event the number of applications exceeds the allotted amount for the cities and county.Q:? How many producer and processor licenses will be issued?A: ?No limit. The LCB?opened a 30 day window in November 2013 where anyone could apply, and qualified applicants will receive licenses. ?Q:? With a limited amount of retail licenses how will you determine who will receive them?A:? WSLCB staff are developing the guidelines for the retail license lottery in the event that there are more retail license?applicants than available licenses. As more information becomes available we will notify stakeholders via the I-502 Listserv. ?Q: ?Can a current farm just convert its crop to marijuana?A:? Converting a crop to marijuana would require a producer license and the farm would have to meet all of the guidelines set forth in the rules pertaining to outdoor growing.??Q: ?Can I grow my own marijuana now? Can I sell my homegrown marijuana?A:? Home grown marijuana for recreational use, as well as sale, is illegal. Recreational use marijuana must be purchased from a state-licensed retailer.?Retail StoresQ: ?Are there restrictions on where I can set up a store?A:? You cannot set up a store within 1000 feet of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or game arcade that allows minors to enter. Local authorities will also be notified and have an opportunity to object.Q: ?Will the retail outlets be run by the state?A:? Stores will be licensed and regulated by the WSLCB but will be private-sector businesses.Q: ?Can I incorporate marijuana sales into my existing business?A: ?No. The initiative is clear that retail outlets may only sell marijuana, marijuana infused products and marijuana paraphernalia.Q: ?Can customers smoke in a retail store?A: ?No. On-premise consumption is not allowed under Initiative 502.Q: Are there any restrictions on advertising?A: ?Retailers are limited to one 1,600 square inch sign bearing their business/trade name. They cannot put products on display to the general public such as through window fronts. No licensee can advertise marijuana/infused product in any form or through any medium whatsoever within 1,000 ft. of school grounds, playgrounds, child care, public parks, libraries, or game arcades that allows minors to enter. Also, you can’t advertise on public transit vehicles/shelters or on any publicly owned or operated property.Q: ?Will non-Washington residents be able to purchase marijuana?A: ?Yes, but the marijuana products are to be consumed in Washington.Public Safety/CriminalNote: The WSLCB is a licensing and regulatory agency and does not handle criminal prosecutionsQ: ?What will the WSLCB do to ensure public safety, especially preventing access by minors?A: ?Public safety is central to the WSLCB mission. As expected by the voters, the rules we create will include minimums for security, preventing minors’ access to marijuana and other provisions. Educating retailers and preventing minors access to alcohol is an important part of our enforcement work today. Something similar for marijuana sales is likely.Q: ?What is the DUI provision?A: ?The initiative sets a per se DUI limit of "delta-9" THC levels at greater than or equal to 5 nanograms per milliliter of blood (5 ng/mL). State and local law enforcement agencies are tasked with enforcing the DUI limit.Q: ?Since it’s legal to possess marijuana Dec. 6, 2012, but there will not be licensed retailers from which to purchase it until 2014 can I still be arrested for possession?A:? I-502 decriminalizes marijuana possession and use in Washington State for those age 21 and older and who possess any combination of: one ounce of marijuana, 16 ounces of marijuana in solid form or 72 ounces in liquid form. The Seattle Police Department wrote an FAQ document that addresses how its officers will be handling marijuana possession going forward. Each jurisdiction may be handling it differently so it’s important to check with local law enforcement on how to proceed.Q: ?Can I still be drug tested now that marijuana is legalA: ?I-502 does not address the topic of drug testing but it is our understanding that employers may still conduct drug testing at their discretion. Since marijuana is illegal under federal law institutions that receive federal funds will still be subject to mandated testing. Organizations such as the NFL and NBA have issued statements that marijuana consumption is a violation of their conduct policy and they intend to continue testing for it.Q:? The initiative says I cannot consume marijuana in public. What is the definition of “in public?”A:? Initiative 502 states that it is unlawful to open/consume a package of marijuana or marijuana infused product in view of the general public.Q: ?Can marijuana purchased legally in Washington be transported to other states?A:? No. Marijuana and marijuana products are to be consumed in Washington State.?Federal GovernmentQ: ?What is the federal government going to do?A: ?On August 29, 2013 Attorney General Eric Holder called both Governors Jay Inslee and John Hickenlooper (Colorado) to outline the federal government’s guidance on legalized marijuana. That guidance was also outlined in a memo which focuses on eight points of federal emphasis such as youth access and public safety which the LCB’s proposed rules address. I-502's regulatory system, and the rules written by the Boardappears to meet those eight points. The memo does not change federal law. Governor Inslee’s office is maintaining an open dialogue with the federal government and the WSLCB is moving forward to carry out the expectations of the agency under the new law.Q:? Since marijuana is legal in Washington can the federal government still prosecute me?A:? Yes. I-502 does not preempt federal law. Presently Washington State residents involved in marijuana production /retailing could still be subject to prosecution if the federal government chooses to do so.Q: ?Can the federal government confiscate my assets?A:? Yes. Confiscation of assets is one of the enforcement tactics available to federal authorities.Q: ?What about industrial hemp? Does this create a new market for hemp products?A: ?No. I-502 is focused on legalizing the recreational use of marijuana. I-502 modifies the definition of “marijuana” to include only cannabis greater than 0.3 percent THC concentration. Cannabis under this limit – industrial hemp – is not treated as recreational “marijuana.”?WSLCB HiringQ: ?Will you be hiring after the passage of Initiative 502?A: ?Yes. The task of regulating an entirely new system is a big one and the agency will have to expand to meet those challenges. We are estimating about 35 hires, mostly in licensing and enforcement.Q: ?How can I apply for a job with WSLCB?A: ?All job openings will be posted in the careers section of our website. The actual application process is done through Careers.. Visit their website and fill out your profile in advance so you are ready when opportunities become available.Q: ?Does the WSLCB drug test new employees?A:? The WSLB does not drug test administrative staff at the time of hiring. However, we do test potential enforcement staff for drugs, including marijuana. The WSLCB is a drug-free workplace. All employees are expected to not be impaired at work. Should a reasonable suspicion arise that an employee is impaired, that person may be tested.Q: ?I’m an expert in the field of marijuana how can I be involved in the process?A: ?Our rule-making system is a public process so we will be engaging citizens along the way. Like hiring, the best way to keep up to date on the process is to register for email notifications. We will be sending out timelines and requests for public comment using email.?FinancialQ: ?What is retail marijuana going to cost?A: ?OFM’s fiscal impact statement places a price estimate of a $3 per gram producer price, a $6 per gram processor price and a pre-tax $12 per gram average retail purchase price.Q:? How much tax revenue will I-502 generate?A: ?Estimates range anywhere between $0 and $2 billion dollars during the first five years. Without knowing what the market will look like or what the federal reaction will be, it is not presently possible to accurately gauge the total amount of revenue produced.Q:? How is it going to be taxed?A:? The initiative applies a 25% excise tax on each level of the system: producer to a processor, processor to a retailer, and retailer to the customer. In addition, B&O taxes on the production and local retail sales taxes apply.Q: ?I-502 tax rates are too high, can you lower them?A: ?The tax structure for I-502 is prescriptive in the initiative and has become law with its passing. WSLCB officials do not have the authority to change the taxes that were voted for by the public. A change to the tax structure would have to come from the legislature. During the first two years a change to the initiative would require a two thirds majority.?Medical MarijuanaNote: I-502 does not address medical marijuana. The state does not currently license or regulate medical marijuana outlets. I-502 does not change how or where they operate.Q: ?Can medical marijuana patients continue to cooperatively grow?A: ?I-502 is silent on medical marijuana.Q:? Is it true that the WSLCB is just going to license current medical marijuana outlets to retail marijuana?A: ?No. Retail licenses will be issued to qualified applicants who meet the licensing criteria. A medical marijuana outlet that wants to convert to a recreational outlet will have to go through the same application process as any other potential applicant. If they were to obtain a retail license they would only be allowed to sell marijuana purchased from the recreational system, they would not be allowed to comingle medical and recreational marijuana.Q: ?Where can I learn more about medical marijuana?A: ?The Washington State Department of Health has information about medical marijuana on its website here.Q: ?Will the Washington State Liquor Control Board be changing its name?A: ?Presently there are no plans to change the agency’s name. Any change would have to come from the state Legislature and that is a low priority at the moment.TRIVIA QUESTIONSQ: What is the initiative that legalized marijuana in Washington State? A: I-502Q: True or false: marijuana can be grown in the home for recreational useA: FALSE! Home grown marijuana for recreational use, as well as sale, is illegal. Recreational use marijuana must be purchased from a state-licensed retailer. Q: At what age may people legally possess or smoke marijuana?A: 21 years oldQ: What is the legal amount of marijuana that people 21+ may carry?A: One ounceQ: What is the only other state in the country to pass an initiative by popular vote to legalize marijuana? A: Colorado Q: What state agency set forth rules regulating the manufacture and sale of marijuana?A: Washington State Liquor Control Board Q: Marijuana retailers cannot open stores within ______ feet of an elementary or secondary school, park, childcare facility, library, public transit center or game arcadeA: 1000 feet Q: How much is the marijuana growth/sale license application fee? A: $250 application fee, $1000 renewal feeQ: What are the three licenses available?-Marijuana producer-Marijuana processer-Marijuana retailerQ: What is the day that WA passed I-502?A: November 6, 2012 ................
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