HaCKeRz KrOnIcKLeZ 3/HaCKeRz_KrOnIcKLeZ.iso/drugs/wa.marijuana.initiative.93

Internet Message Format | 1996-05-06 | 24KB

From: [e-mail] (Ben Delisle)
Newsgroups: seattle.general,talk.politics.drugs,talk.politics.misc,alt.drugs,misc.legal,pnw.general,talk.politics.medicine
Subject: Init #595: Regulated Tolerance & Taxation of Marijuana. [WA State]
Message-ID: <[e-mail]>

Peoples Initiative #595,  for Washington State.

INITIATIVE MEASURE 595
======================
Regulated Tolerance & Taxation of Marijuana
(Allow Private Use by Persons Over 21, but Outlaw Public
 Advertising, Use or Display)


 ___________________________________________
|                                           |
|       OFFICIAL BALLOT TITLE               |
|                                           |
| SHALL THE SALE AND USE OF CANNABIS        |
| (MARIJUANA) BE PERMITTED AND              |
| REGULATED IN PLACES WHERE MINORS          |
| DO NOT HAVE ACCESS?                       |
|___________________________________________|
|                                           |
|       OFFICIAL BALLOT SUMMARY             |
|                                           |
|    This measure would allow               |
| people over twenty-one to grow, sell,     |
| and use cannabis (marijuana) as licensed  |
| by a new "cannabis control board."  A     |
| tax would be imposed, and sale and use    |
| would be limited to places not accessible |
| to minors. Advertising would be limited   |
| to medical journals, packaging, and       |
| point-of-sale signs not publicly visible. |
| Persons over twenty-one could grow        |
| limited quantities without obtaining a    |
| license. Criminal penalties would be      |
| revised, and certain prior convictions    |
| vacated.                                  |
|                                           |
|___________________________________________|


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


[X} Turn Marijuana Black Market Profits
    into $250,000,000 in Tax Revenue

[X] Give AIDS and Cancer Patients the Right to
    Use Marijuana as a Medicine

[X] Save Tax Money Spent on Prisons, Jails,
    Courts & Police

[X} Create Thousands of Jobs by Growing Hemp
    for Environmentally-Friendly Products
    Made from the Seeds and Stalks

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

==========================================================|
                                                          |
We need 181,667 valid signatures to place Initiative 595  |
on the Nov. 2, 1993 ballot. Please join in the            |
effort to get signatures for this initiative drive.       |
If you can help please call the Washington Citizens for   |
Drug Policy Reform (WCDPR) at [phone] (this is a    |
local call if calling from Seattle).                      |
                                                          |
==========================================================|




The Complete Text of Initiative Measure 595

     AN ACT Relating to cannabis; amending RCW 10.31.100,
69.50.102, 69.50.204, and 69.50.401; adding a new section to
chapter 82.04 RCW; adding a new chapter to Title 69 RCW; and
prescribing penalties.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

    NEW SECTION.      Sec. 1.    Unless the context
clearly requires otherwise, the following definitions apply
throughout this chapter and section 10 of this act:
    (1)    "Board" means the cannabis control board.
    (2)    "Personal use quantity of pharmacoactive
            cannabis" means:
    (a)    Twenty or fewer growing cannabis plants; or
    (b)  One hundred ounces or less of pharmacoactive
           cannabis in any form.
    (3)    "Pharmacoactive cannabis" means medicinal or
            recreational cannabis.

    NEW SECTION.  Sec. 2.  (1)  A person may not sell or
give to a minor, nor may a minor use or possess,
pharmacoactive cannabis except by prescription of a licensed
physician.
    (2)    A person may not sell, publicly display, or
publicly use pharmacoactive cannabis or its paraphernalia
except in locations to which access and view by minors is
prohibited.


    NEW SECTION.  Sec. 3.  Cultivated plants capable of
producing pharmacoactive cannabis must be screened from
public view by a visual barrier.

    NEW SECTION.  Sec. 4.  (1)  No person who is in a
position to profit from the sale of pharmacoactive cannabis
or its paraphernalia may create, display, perform, or
distribute advertising or promotional material for
pharmacoactive cannabis or its paraphernalia within the
state of Washington, other than:
    (a)  In medical journals directed to and distributed
           principally to licensed physicians;
    (b)  Package labeling;
    (c)  Point-of-sale advertising on the premises of
           licensed sellers of pharmacoactive cannabis
           presented such that it cannot be perceived by
           minors; and
    (d)  On the exterior of stores where pharmacoactive
           cannabis is sold, a sign indicating with words
           only that pharmacoactive cannabis is sold
           therein, or words to that effect, but not
           otherwise depicting or promoting pharmacoactive
           cannabis or its use.  By local option, each local
           government may prohibit advertising on the
           exterior of stores where pharmacoactive cannabis
           is sold.

    (2)  For the purposes of this section, a person in a
           position to profit from the sale of
           pharmacoactive cannabis is a business enterprise
           that, for pay or other consideration, cultivates,
           processes, transports, or sells pharmacoactive
           cannabis, or whose property is used for
           cultivation, processing, transport, or sale of
           pharmacoactive cannabis, and any beneficial owner
           of a five percent or greater interest in such an
           enterprise.
    (3)  For the purposes of this section, a person in a
           position to profit from the sale of paraphernalia
           for pharmacoactive cannabis is a business
           enterprise that, for pay or other consideration,
           manufactures or sells paraphernalia for
           pharmacoactive cannabis, and any beneficial owner
           of a five percent or greater interest in such an
           enterprise.
    (4)  A violation of this section shall be punished by
           a fine of up to five thousand dollars or four
           times the amount paid to procure the advertising
           in violation of this section, whichever is
           greater.

    NEW SECTION.  Sec. 5.  Each of the following
activities requires a license for each location where the
activity is performed:
    (1)  Cultivating and selling cannabis hemp for
           industrial products made from its stalks;
    (2)  Cultivating cannabis flowering female tops or
           seeds;
    (3)  Producing nutritional, medicinal, and
           recreational products made from cannabis leaves,
           flowers, and seeds; and
    (4)  Selling pharmacoactive cannabis products made
           from flowering female tops other than seeds.

    NEW SECTION.  Sec. 6.  A licensed seller of
pharmacoactive cannabis may sell cannabis paraphernalia,
with the same restrictions on access and view by minors as
provided for pharmacoactive cannabis under sections 2 and 4
of this act.

    NEW SECTION.  Sec. 7.  Without a license, a person
over twenty-one years of age may cultivate and possess a
personal use quantity of pharmacoactive cannabis that was
cultivated without a license and on which taxes have not
been paid.  Cultivation or possession of more than a
personal use quantity of such cannabis is prohibited.

    NEW SECTION.  Sec. 8.  An owner of a parcel of real
estate may allow other persons over the age of twenty-one to
cultivate up to twenty plants on the property if the owner
obtains, and retains for inspection at any time by
officials, an acknowledged affidavit less than one year old
reciting the address or legal description of the property,
claiming ownership of up to twenty cannabis plants on the
property, denying ownership of any other cannabis plants,
signed and dated by the cultivator, and stating the
cultivator's full legal name, address, and date of birth.

    NEW SECTION.  Sec. 9.  The fee for a license under
section 5 of this act is fifty dollars.

    NEW SECTION.  Sec. 10.  A new section is added to
chapter 82.04 RCW to read as follows:
    (1)  A tax is assessed on the importation or
production for sale of pharmacoactive cannabis at the rate
of fifteen dollars per ounce at standard cured moisture
content.
    (2)  Chapter 69.--RCW (sections 1 through 9 and 11
through 25 of this act) applies to this section.

    NEW SECTION.  Sec. 11.  Sellers of pharmacoactive
cannabis shall place a label indicating that the tax under
section 10 of this act has been paid on each package of
pharmacoactive cannabis, or pay the tax before possession
may be transferred to another.  Labels to indicate that the
tax has been paid shall be provided by the board.

    NEW SECTION.  Sec. 12.  Possession of more than a
personal use quantity of pharmacoactive cannabis on which
the tax under section 10 of this act has not been paid
creates a presumption of selling or offering for sale, which
is prohibited without a license.

    NEW SECTION.  Sec. 13.  There shall be a board, known
as the "cannabis control board," consisting of three
members, to be appointed by the governor, with the consent
of the senate, who shall each be paid an annual salary to be
fixed by the governor in
accordance with the provisions of RCW 43.03.040.  The
governor may, in his discretion, appoint one of the members
as chair of the board, and a majority of the members shall
constitute a quorum of the board.


    NEW SECTION.  Sec. 14.  (1)  The members of the board
to be appointed after the effective date of this act shall
be appointed for terms beginning on the effective date of
this act, and expiring as follows:  one member of the board
for a term of three years from the effective date of this
act; one member of the board for a term of six years from
the date of this act; and one member of the board for a term
of nine years from the effective date of this act.  A member
of the board appointed under this section shall hold office
until the member's successor is appointed and qualified.
Upon the expiration of the term of a member, the succeeding
member of the board shall be appointed and hold office for
the term of six years.  In case of a vacancy, it shall be
filled by appointment by the governor for the unexpired
portion of the term in which the vacancy occurs.  A vacancy
in the membership of the board does not impair the right of
the remaining member or members to act, except as otherwise
provided in this chapter.
    (2)  The principal office of the board shall be at the
state capitol, and it may establish such other offices as it
deems necessary.
    (3)  A member of the board may be removed for
inefficiency, malfeasance or misfeasance in office, upon
specific written charges filed by the governor, who shall
transmit the written charges to the member accused and to
the chief justice of the supreme court.  The chief justice
shall, upon the charges, designate a tribunal composed of
three judges of the superior court to hear and adjudicate
the charges.  The tribunal shall fix the time of the
hearing, which must be public, and the procedure for the
hearing, and the decision of the tribunal is final.  Removal
of a member of the board by the tribunal disqualifies the
member for reappointment.
    (4)  A member of the board shall devote his or her
entire time to the duties of his or her office and a member
of the board may not hold another public office.  Before
entering upon the duties of office, a member of the board
shall enter into a surety bond executed by a surety company
authorized to do business in this state, payable to the
state of Washington, to be approved by the governor in the
penal sum of fifty thousand dollars conditioned upon the
faithful performance of the member's duties, and shall take
and subscribe to the oath of office prescribed for elective
state officers, which oath and bond shall be filed with the
secretary of state.  The board shall pay the premium for the
bond.

    NEW SECTION.  Sec. 15.  The board may employ the
number of employees as in its judgment are required.

    NEW SECTION.  Sec. 16.  The attorney general shall be
the general counsel of the board and shall institute and
prosecute all actions and proceedings necessary in the
enforcement and carrying out of the provisions of this
chapter and section 10 of this act.
    The attorney general shall assign assistants necessary
to the exclusive duty of assisting the board in the
enforcement of this chapter and section 10 of this act.

    NEW SECTION.  Sec. 17.  The state auditor shall audit
the books, records, and affairs of the board annually.  The
board may provide for additional audits by certified public
accountants.  The audits under this section are public
records of the state.  The payment of the audits provided
for in this section shall be paid as provided in section 18
of this act for other administrative expenses.

    NEW SECTION.  Sec. 18.  All administrative expenses of
the board incurred on and after the effective date of this
act shall be appropriated and paid from the general fund.
These administrative expenses include, but are not limited
to:  The salaries and expenses of the board and its
employees, the cost of legal services, annual or other
audits, and other general costs of conducting the business
of the board.

    NEW SECTION.  Sec. 19.  The board shall, from time to
time, make reports to the governor covering matters in
connection with the administration and enforcement of this
chapter and section 10 of this act as the governor may
require, and, subject to RCW 40.07.040, the board shall
prepare and forward to the governor biennially, to be laid
before the legislature, a report for the fiscal period
containing:
    (1)  A financial statement and balance sheet showing
in general the condition of the business and its operation
during the year;
    (2)  A summary of all prosecutions for infractions and
the results of the prosecutions;
    (3)  General information and remarks; and
    (4)  Any further information requested by the
governor.

    NEW SECTION.  Sec. 20.  The administration of this
chapter and section 10 of this act is under the board, and
it shall adopt rules to administer this act.  The board may
not restrict the number of licenses granted.

    NEW SECTION.  Sec. 21.  State agencies shall refrain
from enforcing any provision of United States criminal law
not consistent with the purposes of this act, to avoid a
waste of resources.

    NEW SECTION.  Sec. 22.  All persons incarcerated in
prisons in the state of Washington based solely on use,
possession, or sale of marijuana, as a result of conviction
after trial or by plea bargain with no other crime charged,
shall be released and their civil rights restored.

    NEW SECTION.  Sec. 23.  (1)  Thirty percent of tax
revenues raised under section 10 of this act shall be
reserved to subsidize job retraining programs for unemployed
Washington state residents with financial need.  The
department of labor and industries shall select worthy
private and state-run programs to receive these funds.
    (2)  Ten percent of the tax revenues raised under
section 10 of this act shall be reserved to subsidize drug
treatment programs.  The board shall select worthy private
and state-run programs to receive these funds.
    (3)  The balance of the tax revenues raised under
section 10 of this act shall be deposited in the general
fund.

    NEW SECTION.  Sec. 24.  If, within one hundred twenty
days of the effective date of this act, the board has not
yet begun issuing licenses to cultivate hemp for fiber and
cellulose and licenses for cultivating pharmacoactive
cannabis and seeds, any person twenty-one years of age or
older may commence the cultivation upon delivery to the
Washington State Department of Agriculture a sworn notarized
statement with the name, address, and date of birth of the
applicant and the address or legal description of the
property to be used for the cultivation.

    NEW SECTION.  Sec. 25.  The following penalties apply
to this chapter:
    (1)  For unauthorized selling or giving pharmacoactive
cannabis to a minor in violation of section 2(1) of this
act:  Imprisonment for a term of up to one hundred and
eighty days and a fine of up to $5,000.
    (2)  For cultivating or possessing more than a
personal use quantity of pharmacoactive cannabis without a
license in violation of section 7 of this act:  Imprisonment
for a term of up to ninety days and a fine of up to $2,500.
    (3)  For cultivation, possession, or use of
pharmacoactive cannabis by a person under twenty-one years
of age in violation of section 2(1) of this act:  A
misdemeanor and a fine of up to $500.
    (4)  For selling or offering for sale pharmacoactive
cannabis or its paraphernalia in a place perceivable by
minors in violation of section 2(2) of this act:  A
misdemeanor and a fine of up to $5,000.
    (5)  For display or use of pharmacoactive cannabis or
its paraphernalia in a public place perceivable by minors in
violation of section 2(3) of this act:  A misdemeanor and a
fine of up to $500.
    (6)  For failure to screen pharmacoactive cannabis
plants from public view:  A fine to be set by the Board.
    (7)  For cultivating or selling cannabis hemp for
products made from its stalks without a license:  A fine to
be set by the board.

    Sec. 26.  RCW 10.31.100(1) and 1988 c 190 s 1(1) are
each amended to read as follows:
    (1)  Any police officer having probable cause to
believe that a person has committed or is committing a
misdemeanor or gross misdemeanor, involving physical harm or
threats of harm to any person or property or the unlawful
taking of property or involving the illegal use or
possession of cannabis, or involving the acquisition,
possession, or consumption of alcohol by a person under the
age of twenty-one years under RCW 66.44.270 shall have the
authority to arrest the person.

    Sec. 27.  RCW 69.50.102 and 1981 c 48 s 1 are each
amended to read as follows:
    (a)  As used in this chapter, "drug paraphernalia"
means all
equipment, products, and materials of any kind which are
used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human
body a controlled substance.  For purposes of this chapter,
"controlled substance" does not include cannabis or its
derivatives.  Drug paraphernalia ((It)) includes, but is not
limited to:
    ...  .
    (7)  Separation gins and sifters used, intended for
use, or designed for use in removing twigs and seeds from,
or in otherwise cleaning or refining ((, marihuana;)) a
controlled substance.
    ...  .
    (12)  Object used, intended for use, or designed for
use in ingesting, inhaling, or otherwise introducing
((marihuana,)) cocaine((, hashish, or hashish oil)) into the
human body, such as:
    (i)  Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
((hashish heads,)) or punctured metal bowls;
    (((ii)  Water pipes;))
    (((iii)))  (ii)  Carburetion tubes and devices;
    (((iv)))   (iii)  Smoking and carburetion masks;
    (((v)  Roach clips:  Meaning objects used to hold
burning material such as a marijuana cigarette, that has
become too small or too short to be held in the hand;))
     (((vi)))  (iv)   Miniature cocaine spoons ((,)) and
cocaine vials;
    (((vii)  Chamber pipes;))
    (((viii)))  (v)  Carburetor pipes;
    (((ix)))  (vi)  Electric pipes;
    (((x)))  (vii)  Air-driven pipes; and;
    (((xi)  Chillums;
    (xii)  Bongs; and
    (xiii))) (viii)  Ice pipes or chillers.
    (b)  "Drug paraphernalia does not include equipment
and accessories used by persons for cannabis use, growth,
production, transportation, or sale.
    (c) ... .

    Sec. 28.  RCW 69.50.204(d) and 1986 c 124 s 3(d) are
each amended to read as follows:
    (d)  Hallucinogenic substances.  Unless specifically
excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any
quantity of the following hallucinogenic substances, or
which contains any of its salts, isomers, and salts of
isomers, whenever the existence of such salts, isomers, and
salts of isomers is possible within the specific chemical
designation (For purposes of paragraph (d) of this section,
only, the term "isomer" includes the optical, position, and
geometric isomers.):
    ...  .
    (13)  ((Marijuana;
    (14)))  Mescaline;
    (((15)))  (14)  Parahexyl-7374; some trade or other
names:  3-Hexyl-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6,
9-trimethyl-6H-dibenzo[b,d]pyran; synhexyl;
    (((16)))  (15)  Peyote, meaning all parts of the plant
presently classified botanically as Lophophora Williamsii
Lemaire, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound,
manufacture, salts, derivative, mixture, or preparation of
such plant, its seeds, or extracts (interprets 21 U.S.C.
Sec. 812(c), Schedule I(c) (12));
    (((17)))  (16)  N-ethyl-3-piperidyl benzilate;
    (((18)))  (17)  N-methyl-3-peperidyl benzilate;
    (((19)))  (18)  Psilocybin;
    (((20)))  (19)  Psilocyn;
    (((21)  Tetrahydrocannabinols, synthetic equivalents
of the substances contained in the plant, or in the resinous
extractives of cannabis, specifically, and/or synthetic
substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity such as the
following:
    (i)  Delta 1 - cis - or trans tetrahydrocannabinol,
and their optical isomers;
    (ii)  Delta 6 - cis - or trans tetrahydrocannabinol,
and their optical isomers;
    (iii)  Delta 3,4 - cis - or trans
tetrahydrocannabinol, and its optical isomers;
(Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions
covered, are all included.)  ))
    (((22)))  (20)  Ethylamine analog of phencyclidine:
Some trade or other names:  N-ethyl-1phenylcyclohexalymine,
(1-phenylcyclohexl) ethylamine;
N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
    (((23)))  (21)  Pyrrolidine analog of phencyclidine:
Some trade or other names:
1- (1--phencyclohexyl)pyrrolidine; PCPy; PHP;
    (((24)))  (22)  Thiophene analog of phencyclidine:
Some trade or other names:  1- (1-[2-thenyl]-cyclohexly)-
pipendine; 2-thienylanalog of phencyclidine; TPCP; TCP.

    Sec. 29.  RCW 69.50.401(d)(e) and (f) and 1989 c 271 s
104(d)(e) and (f) are each amended to read as follows:
    (d)  It is unlawful for any person to possess a
controlled substance unless the substance was obtained
directly from, or pursuant to, a valid prescription or order
of a practitioner while acting in the course of his
professional practice, or except as otherwise authorized by
this chapter.  Any person who violates this subsection is
guilty of a crime, and upon conviction may be imprisoned
for not more than five years, fined not more than ten
thousand dollars, or both((, except as provided for in
subsection (e) of this section)).
    (e)    ((Except as provided for in subsection
(a)(1)(ii) of this section any person found guilty of
possession of forty grams or less of marihuana shall be
guilty of a misdemeanor
    (f)))  It is unlawful to compensate, threaten,
solicit, or in any other manner involve a person under the
age of eighteen years in a transaction unlawfully to
manufacture, sell, or deliver a controlled substance.  A
violation of this subsection shall be punished as a class C
felony punishable in accordance with RCW 9A.20.021.
    This section shall not apply to offenses defined and
punishable under the provisions of RCW 69.50.410.

    NEW SECTION.  Sec. 30.  Sections 1 through 9 and 11
through 25 of this act constitute a new chapter in
Title 69 RCW.

    --- END ---