OLYMPIA, WA. December 7, 2009 -- Legislators in Washington State unveiled a bill to legalize marijuana on Monday.
Bill analysis
Below is a line by line analysis of HB 2401. We have color-coded the entries with our view of whether the change is positive, negative, neutral, or something related to alcohol parity which one might want to consider. Legend:
- Positive impact
- Unknown impact
- Alcohol parity impact
- Negative impact
- Neutral impact
P2, L2. A new section spells out the legislative intent: 1) to legalize marijuana, 2) to remove criminal penalties for adult marijuana use and cultivation, 3) to tax marijuana in order to fund drug education, and 4) to regulate marijuana like alcohol.
P2, L26. Change of RCW reference. Housekeeping.
P4, L3 & L24. Remove marijuana from drug offense "seriousness level" list.
P5, L17. Remove reference to "marihuana."
P6, L4 & L11. P7, L2. Breaks marijuana out from "illegal drugs" where the law provides a defense to police and event promoters who detain people "unlawfully consuming" intoxicants at festivals and campgrounds.
P7, L14. Exempting marijuana law violations (as with liquor violations) from RCW 9.92.070, which allows criminal fines to be paid in installments and disallows incarceration for unpaid fines.
P7, L28. Requires courts to notify school principals about marijuana violations regarding their students.
P9, L34. Removes the designation "under 40 grams" from the marijuana section of the juvenile offense list.
P17, L11 & L14 & L18 & L22 & L25 & L26 & L29 & L34. Treats marijuana like alcohol in regard to student housing. Universities must provide at least some housing where marijuana (and liquor) use is prohibited, provide disciplinary action in case of marijuana violations, etc.
P18, L4. Providing the "local option" for electors of a city or unincorporated county areas to decide whether to "opt out" of liquor and marijuana sales, or be a "dry" city or county.
P18, L13. All "code cities" share in marijuana profits and excise, as they do with liquor.
P18, L20. Housekeeping.
P19, L34. Requires county prosecutors to include marijuana prosecutions in their annual report to the liquor control board.
P20, L14. Removes marijuana from the "court martial" list under RCW 38.38, the Washington code of military justice.
P20, L26. Allows the liquor control board to purchase marijuana, as they already do with liquor, outside the state's "purchasing control" process.
P22, L13. Allows a contract liquor store to also sell marijuana.
P24, L5. References RCW 69.50.101 for the definition of marijuana.
P24, L6. Defines a "marijuana farm grower" as 1) any person engaged in the agriculture business who is 2) licensed by the department of agriculture and 3) grows marijuana for sale in state liquor stores.
P27, L2 & L6 & L9. Liquor control board administrative expenses do not include costs related to marijuana procurement (the same as alcohol).
P27, L30. Housekeeping.
P27, L34. Authorizes the liquor control board to regulate the equipment and management of stores and warehouses in which marijuana is kept, as they do with alcohol.
P28, L3 & L4. Authorizes the liquor control board to regulate the purchase of marijuana by the state, and the sale of marijuana to liquor stores, as they do with alcohol.
P28, L7. Authorizes the liquor control board to regulate the classes, varieties, and brands of marijuana sold at stores, as they do with alcohol.
P28, L10. Authorizes the liquor control board to regulate the hours during which state liquor stores may sell marijuana, as they do with alcohol.
P28, L13. Authorizes the liquor control board to regulate the issuance and distribution of price lists for marijuana, as they do with alcohol.
P28, L19. Authorizes the liquor control board to regulate seals, labels and stamps to be attached to every package of marijuana sold.
P28, L24. Authorizes the liquor control board to regulate the payment of "carrying charges" on marijuana shipped by frieght or express, as they do with alcohol.
P30, L3. Authorizes the liquor control board to regulate how and when marijuana farm growers may lawfully convey marijuana within the state.
P30, L20. Authorizes the liquor control board to regulate forms used for the inspection of the premises of any marijuana farm grower, and his or her books and records.
P30, L23. Authorizes the liquor control board to regulate forms used for marijuana farm growers to report the amount of marijuana produced and sold to each state liquor store.
P31, L3. Authorizes the liquor control board, in conjunction with the department of agriculture, to regulate methods of growing, conditions of sanitation, standards of ingredients, quality, and identity of marijuana sold, packaged or handled by licensed growers.
P31, L16. Authorizes the liquor control board to regulate the seizure and destruction of all marijuana plants in the state which do not conform to board regulations.
P31, L33 & L35 & L36. Housekeeping.
P32, L1. Authorizes contract liquor stores to sell marijuana.
P32, L4. Authorizes the liquor control board to establish warehouses for the storing and packaging of marijuana.
P32, L17. Authorizes the liquor control board to determine the nature, form and capacity of marijuana packaging, as they do with alcohol.
P33, L11. Requires the liquor control board to adopt rules by the end of 2010 that establish procedures and criteria to implement the following: 1) sale of marijuana in state liquor stores; 2) establishment of commissions for marijuana sales at contract liquor stores; 3) license farmers to grow marijuana for state liquor stores; 4) establish rules, regulations, permits and fees for marijuana farm growers; 5) determine the quantity of marijuana each farmer may cultivate; 6) determine how marijuana shall be packaged; and 7) in conjuction with the department of agriculture, prescribe methods of growing, conditions of sanitation, standards of ingredients, quality, and identity of marijuana sold, packaged or handled by licensed growers.
P33, L35. P34, L1 & L5. Forbids the advertising of marijuana, and gives the liquor control board power to regulate marijuana advertising, as they do with alcohol.
P34, L6. Requires all marijuana orders to be authorized by the liquor control board, with duplicate copies kept on file.
P34, L21 & L22 & L23 & L24. Forbids liquor control board members from having an interest in marijuana growing, in line with their alcohol policy.
P34, L29. Forbids the sale of marijuana except as authorized by the liquor control board, as is done with alcohol.
P34, L34. P25, L1 & L3. Allows the liquor control board to provide marijuana free of charge to law enforcement agencies for training and investigation purposes, as they do with alcohol.
P35, L8 & L12. Specifically denies municipalities and counties the right to license the sale and distribution of marijuana, as is done with alcohol.
P35, L27. Authorizes the liquor control board to inspect the books of any marijuana farm grower.
P35, L33. Adds marijuana farm grower to the list of people who, should they fail to produce records for the liquor control board, will be guilty of a violation of Title 66 RCW.
P36, L6 & L7. Requires all marijuana orders to be authorized by the liquor control board, with duplicate copies kept on file, as is done with alcohol.
P36, L23 & L24. Housekeeping.
P36, L26. Forbids liquor control board officials from representing marijuana manufacturers or wholesalers, as is done with liquor.
P36, L28. Creates a "marijuana revolving fund" that receives all marijuana related fees and monies obtained by the liquor control board, with 98% of the money going to DSHS for substance abuse treatment, and 2% going to administrative costs.
P37, L7. Exempts the sale of marijuana to the liquor control board from Title 66 RCW, as is done with alcohol.
P37, L8. Allows marijuana farm growers to keep marijuana in his or her warehouse or place of business. Forbids the import of marijuana into the state, except by the liquor control board.
P37, L20. Exempts pharmaceutical preparations containing marijuana from Title 66 RCW.
P37, L34. P38, L1. Adds marijuana alongside liquor in the definition of what "state liquor stores" sell, and authorizes the liquor control board to fix prices on both.
P38, L4. Housekeeping.
P38, L31 & L32 & L33 & L36. Authorizes state liquor store employees to sell marijuana, as is done with alcohol.
P39, L25 & L26. Requires payment for marijuana before delivery, as is done with alcohol.
P39, L36. P40, L2 & L6. Authorizes contract liquor stores to accept credit cards for marijuana, as they do with alcohol.
P40, L13. Authorizes the liquor control board to prescribe that all marijuana shall be in a package sealed with the official seal, as is done with alcohol.
P40, L19. Forbids state liquor store employees from opening or consuming marijuana, as is done with alcohol.
P40, L23 & L32. Treats records showing the purchase of marijuana as confidential, except in the case of prosecution for illegal possession or sale, as is done with alcohol.
P41, L5. Adds marijuana to a section stating liquor store employees may not be required to work on their Sabbath.
P41, L9 & L13 & L14 & L15 & L16 & L19 & L20. Authorizes physicians to prescribe marijuana to patients, and administer marijuana to patients obtained under special permit from the state, as is done with alcohol.
P41, L25. Forbids the purchase of marijuana using a suspended permit, as is done with alcohol.
P42, L2. Adds marijuana to the definition of liquor store employee.
P42, L6. Adds marijuana to a section allowing identification cards to be used for age verification.
P42, L20. Adds marijuana to a section requiring identification cards be shown upon request for age verification.
P42, L30. Housekeeping.
P43, L3. Adds marijuana to a section regarding signing certification cards in instances where age is still in question.
P43, L10 & L14. Adds marijuana to a section forbidding the transfer of ID for the purpose of illegally procuring alcohol.
P43, L34 & 35. P44, L4. Adds marijuana to a section exempting liquor store employees from prosecution for underage sale, if the purchaser presented ID and signed a certification card.
P44, L8. Requires a $500 annual license for marijuana farmers.
P45, L14. Taxes marijuana at 15% per gram, with all monies going into the "marijuana revolving fund."
P45, L23 & L25 & L26. Requires all marijuana kept by any person in the state to have packaging with the official seal adopted by the liquor control board.
P45, L33. Adds a section of law to Chapter 66.32 RCW that states that if any person makes a sworn complaint to a superior or district court judge that there is probable cause to believe marijuana is being grown, manufactured, sold, bartered, exchanged, given away, furnished, or otherwise disposed of or kept in violation of liquor control board rules, such judge must issue a search warrant to a civil officer of the state to search the premises at question and seize all illegal marijuana, and everything related to it, as is done with alcohol.
P45, L25. Adds marijuana to a section that requires the warrant and seizure list be served on a party searched under Chapter 66.32 RCW, as is done with alcohol.
P45, L31 & L34. Adds marijuana to a section of law about destroying seized liquor.
P46, L7 & L9 & L12. Adds marijuana to a section about disposing property seized under Chapter 66.32 RCW.
P46, L16. Requires law enforcement to report the particulars of marijuana seizures to the liquor control board, as they do with alcohol.
P46, L25 & L26 & L27 & L30 & L31. P47, L5 & L11 & L14 & L16 & L18 & L20 & L24 & L26 & L31. Defines any place in which marijuana is grown, manufactured, kept, sold, bartered, exchanged, given away, furnished, or otherwise disposed of in violation of liquor control board rules, as a "common nuisance," and requires county prosecutors to take action to abate such nuisance, as is done with alcohol.
P48, L1. Adds marijuana to a section about electing to be a "dry" city or county.
P48, L9. Adds marijuana to a section about electing to be a "dry" city or county.
P48, L16. Adds marijuana to a section about electing to be a "dry" city or county.
P49, L13 & L27. Adds marijuana to a section about electing to be a "dry" city or county.
P50, L14 & L16 & L19 & L20. Adds marijuana to a section about electing to be a "dry" city or county.
P50, L27. P51, L15 & L19. Adds marijuana to a section about electing to be a "dry" city or county.
P51, L25 & L28. Adds marijuana to a section about electing to be a "dry" city or county.
P52, L3 & L7 & L12 & L22 & L33. P53, L1 & L7. Adds marijuana to a section that requires county and local law enforcement to investigate and prosecute violations of liquor control laws and rules, and which authorizes the liquor control board to enforce penal provisions of Title 66 RCW, and to employ their own enforcement officers who have the power of arrest, without warrant, anyone found in the act of violating penal provisions of Title 66 RCW.
P53, L13 & L14 & L18 & L19 & L21. Adds marijuana to a section about alcohol enforcement relating to sufficiency of descriptions of violations.
P53, L29 & L30. Adds marijuana to a section about alcohol enforcement which says proof of one unlawful sale is prima facie evidence of intent to keep liquor unlawfully.
P53, L35. P54, L1. Adds marijuana to a section that forbids opening or consumption of liquor in public.
P54, L9. Makes marijuana sales, except as provided by Title 66 RCW, illegal.
P54, L14 & L16. Adds marijuana to a section about alcohol enforcement which requires government stamp or seal on all liquor, and requiring all producers to be licensed, or face gross misdemeanor charges.
P54, L27. Adds marijuana to a section about alcohol enforcement that makes the purchase of liquor from anyone but the liquor control board or an authorized reseller a misdemeanor.
P54, L34. Adds marijuana to a section about alcohol enforcement which makes it illegal to keep or transport alcohol from anyone but the liquor control board or an authorized reseller.
P55, L6 & L10 & L12. Adds marijuana to a section about alcohol enforcement relating to selling liquor contrary to Title 66 RCW.
P55, L16 & L17. Forbids the sale of liquor or marijuana to anyone apparently under the influence of either substance.
P55, L18 & L19. Forbids the purchase of liquor or marijuana by anyone apparently under the influence of either substance.
P55, L28. Adds marijuana to a section requiring bars to post notices about the illegality of liquor sales to those apparently under the influence.
P55, L35. P56, L3. Adds marijuana to a section about alcohol enforcement forbidding anyone from procuring alcohol for anyone with a suspended permit.
P56, L9. Adds marijuana to a section about alcohol enforcement which makes it a misdemeanor for persons engaged in the business of carrying passengers for hire to permit anyone to drink in any public conveyance.
P56, L18. Adds marijuana to a section about alcohol enforcement which makes it a misdemeanor to drink in any public conveyance.
P56, L30 & L31. Adds marijuana to a section about alcohol enforcement which makes it unlawful for a candidate for public office to buy a drink for another person during polling hours.
P57, L2 & L3. Adds marijuana to a section about alcohol enforcement which outlaws the sale or supply of alcohol to persons under the age of 21.
P57, L10. Adds marijuana to a section about alcohol enforcement which makes it illegal for a person under the age of 21 to possess alcohol.
P57, L15 & L17 & L18 & L20 & L22 & L24 & L28 & L29 & L31 & L34 & L37. P58, L1 & L7. Adds marijuana to a section about alcohol enforcement which makes it illegal for a person under 21 years of age to be in a public place, while exhibiting the effects of having consumed liquor, unless given medicinally by a parent, guardian, physician or dentist, or unless used as part of a religious service.
P58, L13 & L26 & L31. Adds marijuana to a section about alcohol enforcement which makes it illegal for persons under the age of 21 to purchase alcohol, except as part of compliance checks authorized by the liquor control board.
P59, L7. Adds marijuana to a section about alcohol enforcement which requires the liquor control board to notify county prosecutors in cases where a licensee is found to have to liquor to a minor, for prosecutorial consideration.
P59, L14 & L15 & L17. Adds marijuana to a section about alcohol enforcement regarding minors in liquor establishments.
P59, L34. Adds marijuana to a section about alcohol enforcement which makes it a misdemeanor for a person under the age of 21 to represent their age as 21 or over for the purpose of obtaining liquor.
P60, L9. Adds marijuana to a section about alcohol enforcement which makes it a misdemeanor person to transfer ID to a minor for the purpose of obtaining liquor.
P60, L17. Adding marijuana to the title of the liquor act.
P60, L24 & L25. Removes marijuana from RCW 69.04.480 relating to the misbranding of habit forming drugs.
P64, L22. Removes marijuana from the list of Schedule I substances.
P66, L35. Removes marijuana misdemeanor exemption from drug forfeiture law.
P75, L14. Removes part of the intent of the medical use of marijuana act.
P75, L34. Removes section of medical marijuana law forbidding a designated provider from consuming medical marijuana obtained for a patient.
P77, L11. Removes section of medical marijuana law forbidding use or manufacture in view of the general public.
P77, L27. Removes section of medical marijuana law that forbids use of the affirmative defense for those engaging in the medical use of marijuana in a way that endangers any person through the use of a motorized vehicle.
P77, L31. Adds a new section requiring counties to dedicate no less than 2% of their share of marijuana tax and profit proceeds to drug addiction programs.
P78, L3. Repeals RCW 69.50.4014 relating to possession of 40 grams or less of marijuana. Repeals medical marijuana law chapters 69.51A.020, Construction of chapter, 69.51A.030, Physicians excepted from state's criminal laws, 69.51A.040, Failure to seize marijuana, qualifying patients' affirmative defense, and 69.51A.050 Medical marijuana, lawful possession -- State not liable.
P78, L14. Severability clause.
P78, L18 & L20 & L22. Assigns various sections to various RCW chapters, and places an effective date on certain sections.
