Initiative 502: Washington State s New Approach to Cannabis Policy

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1 Initiative 502: Washington State s New Approach to Cannabis Policy Pompidou Group Symposium Evolution of cannabis regulation policies: experiences as a result of new policies and responses Mark Cooke, Policy Director Washington Campaign for Smart Justice 17 November 2015 Oslo, Norway mcooke@aclu-wa.org

2 What Does I-502 Do? 2 Passed in 2012 by Washington Voters Ballot Title: This measure would license and regulate marijuana production, distribution, and possession for persons over twenty-one; Remove state-law criminal and civil penalties for activities that it authorizes; Tax marijuana sales; and earmark marijuana-related revenues.

3 Major Developments Prior to I : medicinal marijuana law passes 2003: Seattle passes lowest law enforcement priority policy : medical marijuana law is amended by legislature : depenalization and legalization policies introduced in legislature 2009: federal law enforcement policy shift on state medical marijuana laws 3

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5 Political Motivation for Change Intent Language in I-502: "The people intend to stop treating adult marijuana use as a crime and try a new approach that: (1) Allows law enforcement resources to be focused on violent and property crimes; (2) Generates new state and local tax revenue for education, health care, research, and substance abuse prevention; and (3) Takes marijuana out of the hands of illegal drug organizations and brings it under a tightly regulated, statelicensed system similar to that for controlling hard alcohol. 5

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7 Political Motivation for Change WA 12th Graders - Cigarettes - Marijuana - Alcohol 85% 82% 87% 75% Cigarettes 36% 34% 38% Marijuana 27% Alcohol 16% Past 30 Day Use Perception of Risk Access to Substance Washington Healthy Youth Survey (

8 Public Health Features of I-502 Remains illegal for people under age 21 Licensed producers, processors, and retailers Limited number of retail outlets (1,000ft away from schools, parks, etc.) Advertising restrictions Dynamic taxation and earmarked tax revenue goes to drug prevention, public health education, and evaluation DUI Provision: 5ng/mL per se threshold Evaluation 8

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10 Public Opinion Before and After - U.S. 10

11 Public Opinion Before and After - WA 2012 I-502 Vote 2015 Poll Legalize MJ? Yes 56% No 44% Yes 56% No 37% Not sure 6% 63% - I-502 has had no impact on their life 11

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13 Initial Impacts 2013 Federal Response Department of Justice wants states to prevent: 13 Distribution to minors Revenue going to criminals Out of state diversion of marijuana Use of state law as cover for criminals Violence and firearms in marijuana businesses DUID and public health harms Marijuana growing on public lands Marijuana possession on federal land

14 Initial Impact and Expected Results 188 licensed and operating retail stores 771 licensed producers and processors $1,777,984 average in daily sales $538,047,519 in sales since July 2014 $118,408,223 in excise tax revenue (plus around $33,000,000 in sales tax revenue) Average price per gram: $30 July 2014, now $12 Over 100 cities and counties have prohibited marijuana sales, which is a disputed legal question 14

15 15 WSIPP

16 16 WSIPP

17 17 WTSC

18 18 OFM

19 Evaluation of I-502 Washington State Institute for Public Policy Conduct cost-benefit evaluations of the implementation of [I- 502]. A preliminary report, and recommendations to appropriate committees of the legislature, shall be made by September 1, 2015, and the first final report with recommendations by September 1, Subsequent reports due September 1, 2022, and September 1, 2032 Academic Institutions Ex. - University of Washington, Washington State University receive some I-502 excise tax revenue to study marijuana Third Parties Ex. Brookings Institution, Drug Policy Alliance 19

20 Contact Info and Resources For more information, contact: Mark Cooke at: LCB state licensing authority ( uently-requested-lists) OFM baseline data ( rijuana_impacts_2015.pdf) University of Washington ( WSIPP evaluating agency ( 570) WTSC traffic safety issues ( ACLU-WA ( 20