Sen. Ann Rivers’ attempt to rein in what she dubbed the “Wild West” of the state’s medical marijuana system last legislative session failed.
But she’s not giving up.
“What really concerns me is that those folks that have relied on medical marijuana may have it taken away,” Rivers, R-La Center, said.
The state is in the midst of figuring out how to implement the legalization of recreational marijuana, which voters approved in 2012. Medical marijuana, approved in 1998, has a more uncertain future.
“The medical community is in greater jeopardy,” Rivers said.
Rivers’ bill would have created a state registry for medical marijuana patients and providers. The measure would have also sent a chunk of the revenue from taxes levied on the marijuana to local counties and cities for law enforcement and public safety.
Rivers says regulating the market is a must if the state wants to avoid a crackdown from the federal government. But many medical marijuana advocates worry a registry would hurt patients and regulations would drive up costs.
The state lawmaker said there are a few factors in her corner now that could help ensure the provision’s passage next legislative session.
The “game changer,” Rivers said, is “next year we’re not going to need two-thirds votes” to get a bill passed. Two years after passage, it takes only a simple majority vote to modify a law created through the initiative process.
But perhaps more noteworthy, a decision late last week by Division 1 of the Court of the Appeals upheld the city of Kent’s ability in a decision in the Cannabis Action Coalition, Arthur West v. city of Kent case, to ban medical marijuana dispensaries. The court ruled that medical marijuana dispensaries and collective gardens are not legal in the state of Washington.
“Patients have a lot to be concerned about now,” Rivers said, adding that she believes the case could be used as precedent.
Currently, the state’s medical law allows qualified patients to grow medical marijuana or designate someone to grow on their behalf. There is no state agency that oversees the program, and because of legal gray areas, the system has been able to become a commercial marketplace.
Rivers’ measure would have phased out collective gardens. Medical dispensaries would have to obtain a license from the state or close.
Kirk Ludden, a cannabis reform activist, said Olympia lawmakers are heading in the wrong discussion. Ludden is gathering signatures to put a measure on the November ballot that would ask voters to approve regulations for medical marijuana.
It would create a governing board with both state and community stakeholders, but it would not create a registry or database.
“That takes away patients’ rights,” Ludden said.
But Ludden acknowledged his measure has a long way to go before it qualifies for the ballot. The deadline to gather the 246,372 valid signatures is in July.
