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 page
I. GOALS: Learning about I-502 and the initiative process:
A. Introduce students to the differences between state and federal law and the tensions that may be caused by federal preemption;
B. Understand how an “idea’ becomes an initiative on a ballot and eventually a law.
II. 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 ballot
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. 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 role
3. Empowered that they know how to evoke changes in the law that they would like to see
III. CLASSROOM METHODS:
A. Washington’s Marijuana Laws – I-502:
See the accompanying Powerpoint.
a. History of I-502: Use this portion to give a background on how an “idea” becomes an initiative on a ballot.
a. Summer 2011 – Need to get requisite 241,000 (approx.) signatures – I-502 received over 341,000 signatures.
b. 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.
c. November 2012 – Advanced to general ballot
d. November 6, 2012 – I-502 approved by popular vote (56% yes, 44% no)
b. 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.
a. Possession – illegal at federal level (still Schedule I substance) and legal at state level if you’re 21 years old!
b. Amount – Illegal in any amount at federal level; state level legal to carry around one ounce.
c. 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.
c. Video – Q13 Fox News – Federal Preemption and Challenging the State Law
a. 3 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.
b. An older video (from October) but it’s a good video to show the students how federal law can still challenge state laws.
c. 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.
d. Answers from the Seattle Police Department
*See attached teacher’s guide print out of all of the questions/answers from the SPD blog.
e. From the WSLCB
*See attached teacher’s guide print out of all of the questions/answers from the WSLCB FAQ
B. I-502 Trivia:
Trivia questions are in an attached document and adopted from Drew and Ashley’s Jeopardy game.
a. Split class into groups of about 3-4 people
b. Hand out a small whiteboard and erasable marker to each team
c. Tell 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.
d. At the end of the game, the winning team gets a small prize
C. Washington State Initiative Process Drafting Exercise:
See the accompanying Powerpoint.
a. 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 Salaries
I-1098 Establishing a State Income Tax
I-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.
IV. EVALUATION
1. 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
http://spdblotter.seattle.gov/2012/11/09/marijwhatnow-a-guide-to-legal-marijuana-use-in-seattle/
Can 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, thedepartment 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 6thseems 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
http://lcb.wa.gov/marijuana/faqs_i-502
Licenses
Q: 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 it
A: 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 www.liq.wa.gov.
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 LCBopened 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 licenseapplicants than available licenses. As more information becomes available we will notify stakeholders via the I-502 Listserv.