Appellate Court Rules Medical Marijuana Illegal

[bobandtorey]

Medical marijuana is now illegal throughout Washington state, according to a 26-page Court of Appeals decision entered on March 31, 2014. Under the legal principal of “stare decisis”, subsequent decisions of the lower courts must abide by the appellate decision on similar issues in future cases.

  Cannabis Action Coalition brought the case against the city of Kent in King County Superior Court. The Coalition challenged Kent’s right to regulate or ban collective gardens through zoning ordinances that banned collective gardens within the city limits.

  There were three major rulings made in the decision. First, the Appellate Court affirmed a municipality’s right to establish restrictions (and prohibitions) through zoning ordinances.

  Second, that “collective gardens” were never legal under the statute.

  Third, the Court analyzed the 2011 amendments to the medical marijuana laws which were changed significantly by Governor Gregoire’s line item veto, whereby over half of the amendments passed by the legislature were negated. This left the statutory affirmative defenses only available if a person was “registered”, but all references to a registry were removed, thereby eliminating any available defense.

  Governor Gregoire vetoed all reference to the “registry” following receipt of an April 14, 2011 letter from the United States Attorneys stating that state employees would be subject to prosecution under the Controlled Substance Act if they participated in a licensing scheme (the registry) that permits large-scale marijuana cultivation and distribution.

  The legislature did not override the governor’s veto, so the act, as vetoed, remains the law.

  Emily Langlie, the Media Spokesperson for the United States Attorneys’ office in Seattle said, “The Court of Appeals decision does not change anything at this point. Medical marijuana has always been illegal.”

  There was no further appeal filed. All medical marijuana cultivation, distribution, and use in Washington State is again illegal under both Federal and Washington statutes and case law.

  This case only addresses medical marijuana. Recreational use statutes created subsequent to I-502 are a different issue.

  The entire Court of Appeals decision and other comments can be found by searching “city of Kent WA marijuana decision.”

  It is interesting to note that in 1998, the medical marijuana dispensaries campaigned against the medical marijuana initiative, I-692, because they felt the blood level for THC being adopted was too restrictive and would still measure a “high” long after it actually wore off.  This DUI blood-level provision still remains the law in Washington.

  The “don’t mess with adopted Initiatives” requirement only lasts for two years before the politicians can “adjust” what the citizens voted.

  One step forward, two steps back.

 

  I foresee another Initiative in our future, with both sides being wiser.

 

http://www.keypennews.com/index.php/component/k2/item/401-appellate-court-rules-medical-marijuana-illegal

[+Malamute]

Isn't that special...

[solabeirtan]

Capitalism and Greed beats Compassion again. Seems to be a pattern developing here...

 

Marijuana “lottery” winners...

 

"  “Winners” in the state marijuana license lottery were announced by the State Liquor Control Board (LCB) on May 2.

  The state will issue a total of 334 retail licenses for Washington state. Pierce County is allotted 31 licenses. Of those 31, Tacoma gets eight, Lakewood two, Puyallup two, University Place one, Bonney Lake one, and the remainder of Pierce County 17. Smaller cities, like Gig Harbor are lumped in with the 17 for Pierce County “at large.”

  The licenses are for retail stores that sell marijuana for recreational purposes, as authorized by I-502, which the voters approved last November."

Edited June 4, 2014 by solabeirtan

[t-pain]

article says i502 can be changed in 2 years, makes no note that legislature can change mmj law today if they wanted to.

[GregS]

We can expect this down the road ourselves here in Michigan. What can we do to shore up our position so that we will not have to give up our grow rights for medical users? Otherwise we will be lumped together with recreational users and be required to pay immense taxes on top of dispensary costs.

Edited June 4, 2014 by GregS

[t-pain]

divide and conquer didnt work in Washington, where they tried that approach.

 

 

better approach is to make recreational contain all protections that medical has AND more.

that way eveyrone wins.

[Wild Bill]

The best way would be to give cannabis a neutral legal status like oregano, mint or any other herb.

[GregS]

The best way would be to give cannabis a neutral legal status like oregano, mint or any other herb.

If only we could expect that. The stuff should be permitted in our gardens along with our summer herbs and vegetables.

 

The government of Michigan will almost certainly make moves to boot us out of our medical accommodation and bring us under their taxation and regulation schema when legalization/decriminalization finally comes around. There are legislators who will listen to us. I converse with Rep. Irwin from time to time.

[+Malamute]

But WildBill's suggestion should ALWAYS be our starting point for what we fight for. :-)

[GregS]

How do we do that Mal?

[bobandtorey]

We our doing it now

[+Malamute]

Pass an initiative stating such. :-)

 

If I just had that extra Million bux hanging around. Let me check my couch cushions.  ;-)

[bobandtorey]

Thank you

 

Why does it cost so much $$$ 

[Norby]

Freedom isn't free.  It's an oxymoron.

[bobandtorey]

Thanks

 

Does anyone really think cannabis will be able to grow in our back yards ?

[+EdwardGlen]

"We'll be sure to find and fund ways to arrest legal marijuana users" quote by LE in the Ohio town where I've been going.

 

Even thou Ohio is already a decriminalized state (to an extent) arrests still are the focus of LE. Add in a depressed manufacturing and farming economy along with the sale and move of Rolls Royce to SEIMANS tax revenues have dramatically shrunken and they will find a way to fund "their city".

 

Another glaring example of why WE have to take part in the process.....(just watch your toes)

[GregS]

"We'll be sure to find and fund ways to arrest legal marijuana users" quote by LE in the Ohio town where I've been going.

 

Even thou Ohio is already a decriminalized state (to an extent) arrests still are the focus of LE. Add in a depressed manufacturing and farming economy along with the sale and move of Rolls Royce to SEIMANS tax revenues have dramatically shrunken and they will find a way to fund "their city".

 

Another glaring example of why WE have to take part in the process.....(just watch your toes)

Lima by some awkward chance? I have never seen a more backward town. It is stuck in the fifties. My wife stocked magazines and was not allowed to put Cosmo in many of the stores there because it is too hot for the town's taste.

Edited June 5, 2014 by GregS

[bobandtorey]

Thanks for the up-date Edward I heard that Ohio you can get caught with over 1/4 lb and it's only a small fine

[+EdwardGlen]

Ohio marijuana law first time offense penalties are pretty lax but penalties increase exponentially after first arrest.  

 

Possession 100 grams or less No jail time Misdemeanor $150.00 fine

Possession 100-200 grams 30 days in jail misdemeanor $250.00 fine

 

Cultivation same as possession for small quantities

 

80% of the police, politicians, and citizens of the town I go to and have discussed marijuana prohibition with are for legalization. But as in all red states gerrymandering denies us our one person one vote so a very few control policy for the majority.

 

NORML web site has listing of all states marijuana laws.

[bobandtorey]

Thank you Edward for all the hard work you and so many our doing inn Ohio and around here in Michigan

 

Peace brother