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Washington: Lawmakers Vote For "Continued Chaos"

They say that the will of politicians often lags behind the sentiment of the public. Nowhere is this adage more clear than when it comes to marijuana law reform.

It was business as usual today in Olympia, as lawmakers on the House Committee on Public Safety & Emergency Preparedness voted down a pair of bills aimed at reforming the state's failed criminal marijuana laws.

House Bill 2401 sought to regulate the adult production, use, and distribution of marijuana in a manner similar to alcohol. Here was the roll call vote:

Hurst (D) Chair – N
O'Brien (D) Vice Chair – N
Pearson (R) – N
Klippert (R) – N
Appleton (D) – Y
Goodman (D) – Y
Kirby (D) – N
Ross (R) – N

House Bill 1177 was much more limited in scope, seeking simply to reclassify minor marijuana possession offenses from a criminal misdemeanor to a fine-only civil infraction. (Note, its Senate companion bill, SB 5615, awaits floor action in the Senate.) This change, known as decriminalization, is already the law in over a dozen states.

Here was the roll call vote:

Hurst (D) Chair – N
O'Brien (D) Vice Chair – Y
Pearson (R) – N
Klippert (R) – N
Appleton (D) – Y
Goodman (D) – Y
Kirby (D) – N

The legislative defeats came despite nearly two hours of public testimony, nearly all of which was in support of one or both reform proposals.

So what reasons did lawmakers give for voting 'no' on these reforms? Here's just a few excuses.

Committee Chair, democrat Christopher Hurst alleged that as a state lawmakers he is sworn to uphold both state and federal law, and claimed that both proposals would be in violation of the federal Controlled Substances Act. (For the record, neighboring Oregon first decriminalized marijuana possession offenses in 1973 and has never run afoul of federal law. Likewise, New Mexico's government has licensed the production and distribution of marijuana for medical purposes without incident.)

Republican Brad Klippert stated, "As a law enforcement officer ... on countless occasions I've seen the negative effects of marijuana on people's lives." (By that logic I suppose that the Representative would also vote to criminally prohibit alcohol, tobacco, and fatty foods.)

Fellow Republican Kirk Pearson claimed that just by lawmakers talking about the bills they were encouraging teens to try marijuana. ("I don't want to do anything today that would make drug use seem safer to teenagers," he said, even though by his own logic he was better off keeping his mouth shut.)

Finally, Democrat Rep. Steve Kirby alleged that he supported the reforms, in theory, but then inexplicably said that such changes in policy "require a vote of the public," not action by the legislature. (Um, was marijuana prohibition enacted by a vote of the public?) Ultimately, however, Rep. Kirby may get his wish, as NORML Legal Committee member Douglas Hiatt has filed a petition to put the marijuana legalization issue on the November 2010 state ballot, and a recent statewide poll shows that if the election was held today it would win.

In the end, however, Democrat Rep. Roger Goodman stood as the minority voice of reason when he told his colleagues: "A 'no' vote ... is a vote for prohibition and the illegal markets that it spawns. A 'yes' vote is a vote for control. ... A 'no' is a vote for continued chaos."

It's a lesson that the public has already learned – even if a majority of their elected officials have not. Perhaps now is the time to teach them.
Link Committee Members and Staff



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State House committee kills pot legalization bill

State lawmakers on Wednesday killed bills that would've legalized or decriminalized marijuana in Washington state.

"I can not in good conscience .. pass a law that is against federal law," said Rep. Christopher Hurst, D-Enumclaw, chairman of the House Public Safety and Emergency Preparedness Committee. That panel defeated House Bill 2401 by a six to two vote. HB 2401 would make pot use legal for people over aged 21, with revenues taxed by the state.

The committee also killed House Bill 1177 would decriminalize possession of small amounts of the drug, making it a civil infraction subject to a fine. That vote was five to three.

Washington voters may still get a chance to weigh in on the matter this fall, as signatures are being collected for a citizen imitative legalizing marijuana they hope to put on the November ballot.

Hurst said there were good arguments for considering legalization.

"One of my observations is that, should the federal government be in the business of regulating marijuana? I have questions," Hurst said, despite his no vote. "I'm a state's right person, I always have been...this is an issue that may be better served by individual states (making the decision).

Other committee members said prohibition hadn't worked, spawning illegal markets and a wasted, costly enforcement effort.

"The war on drugs is such a complete and utter failure," said Rep. Sherry Appleton, D-Poulsbo. "This is a time to challenge the federal government, and we should be doing that. I'm going to be a definite yes vote."

A recent poll found that Washingtonians favor removing the pot prohibition. The KING5/SurveyUSA sampling found that 56 percent of respondents thought legalization was a good idea. Meanwhile, 54 percent said they thought lawmakers should allow the sale of marijuana in state-run liquor stores, with such transactions taxed.

Rep. Mary Lou Dickerson, D-Seattle, the sponsor of the legalization bill, had previously said selling and taxing pot would bring in $300 million in tax dollars every two years, according to state estimates. State lawmakers are dealing with a $2.6 billion operating budget deficit, a situation that has them considering large program cuts and tax increases.

Speaking in favor of the decriminalization bill was a committee member who had been a police officer for more than 20 years. Rep. Al O'Brien, D-Mountlake Terrace, said enforcing marijuana laws was wasting cops' time and resources.

"By decriminalizing, we don't make it illegal," he said. "We can save our jail space, we can save the time for our law enforcement agencies...it's a lot tougher to be a cop than when I was on the streets. They need their time to confront the serious issues."

Rep. Roger Goodman, D-Kirkland, agreed.

"In all of those states where marijuana was decriminalized, use did not increase," he said.

But Hurst worried about the conflict with federal law.

"If you are arrested in a national park ... or crossing the border, they will charge you," the committee chairman said.
 
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