+menu-


  • Category Archives WA State’s legal POT issues?
  • Who’s Winning the “POT” War?

    Who’s Winning the “POT” War?

    What WAR?

    We won, “RECREATIONAL POT IS LEGAL”

    OK, so Let’s reword it, Who’s Winning the War on “POT” Issues?

    THE LOCAL Issues? on the “POT”  War? (as an example)

    Let’s say, I  voted for initiative 502, I voted and approved WA State recreational pot businesses.

    THE LOCAL ISSUE IS,  “YES BUT,  NOT IN MY BACK YARD”

    —————————————————————————————————–

    I  am sending an email  (1407 words) short form of researched and documented information to offer guidance to our elected Clallam County representatives and members of the Planning Commission.

    AND, for any other city, town or county in WA State that is being faced with the same LOCAL POT ISSUES.

    ————————————————————————————————–

    Aug 29, 2014 – A Pierce County judge Friday upheld the city of Fife’s ban on marijuana businesses, saying the state law legalizing pot did not mandate cities to … full text bottom

    WHAT IS THE POT COST BENEFIT ANALYSIS FOR YOUR COUNTY OR CITY AND WA STATE? Cost is not necessarily about money. Cost by definition, can be, to cause somebody or something to lose, sacrifice, or suffer something.

    THE CITY OF FIFE  JUST SAID  “NO” TO WA STATE RECREATIONAL POT BUSINESSES.

    —————————————————————————–

    I sat through a Clallam County Planning Commission meeting Wed. Sept 17, 2014, that included a discussion on LOCAL POT ISSUES  AND TWO IRRELEVANT MAPS  of Clallam County.

    —————————————————————————————–

    Clallam County Planning Commissioners want to know. Legally defining THE 1000 FOOT LAW?

    GRC State Regulations Quick Analysis (full text below)

    GRC analysis on application requirements for types of marijuana licenses  Draft regulations require any Marijuana Producers, Marijuana Processors, or Marijuana Retailers, to be sited no less than 1000 feet of the perimeter of any elementary or secondary schools, playgrounds, recreation centers or facilities, child care centers, public parks, public transit centers, libraries, game arcades, or where admission is not restricted to persons twenty-one years of age or older.

    ————————————————————————————————-

    Legally defining THE 1000 FOOT LAW OF THE PERIMETER?

    1. ELEMENTARY OR SECONDARY SCHOOLS

     2. PLAYGROUNDS  

    3. RECREATION CENTERS OR FACILITIES

    4. CHILD CARE CENTERS

    5. PUBLIC PARKS

    6. PUBLIC TRANSIT CENTERS

    7. LIBRARIES

    8. GAME ARCADES  OR WHERE ADMISSION IS NOT RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER.

    ——————————————————————————————————————-

    If Clallam County votes to provide conditional use permits in residential areas of Clallam to Marijuana Producers, Marijuana Processors, or Marijuana Retailers?

    NO PROBLEM?

    ALL WE NEED NOW ARE LEGALLY RELEVANT CLALLAM COUNTY MAPS THAT SHALL DOCUMENT THE 1000 FOOT PERIMETER  REQUIREMENTS.

    REMEMBER THIS?

    GRC analysis on application requirements for types of marijuana licenses 

    Draft regulations require any Marijuana Producers, Marijuana Processors, or Marijuana Retailers, to be sited no less than 1000 feet of the perimeter of any elementary or secondary schools, playgrounds, recreation centers or facilities, child care centers, public parks, public transit centers, libraries, game arcades, or where admission is not restricted to persons twenty-one years of age or older.

    AND CONSIDER THIS

    How much MORE time and tax payer expense shall be spent by Clallam County to create  relevant maps, that have a sensible or logical connection with the location of  Marijuana Producers, Marijuana Processors, or Marijuana Retailer  as required by LAW and related to the  POT issues being drafted, discussed or investigated by our Clallam County elected officials, and our Planning  Commission.

    AND DON’T FORGET THIS

    There are four categories of the regulatory violation structure. These include public safety, regulatory-related, license-related, and one specifically for producers. Producers have the most emphasis in regards to violations, some that could force the producer to destroy up to 50% of harvestable plants for multiple violations.

    There are  eight  legal CATEGORIES to KEEP Marijuana Producers, Marijuana Processors, or Marijuana Retailers,  OUT OF YOUR BACK YARD. It only takes ONE to protect your PROPERTY RIGHTS

    ———————————————————————————————————

    Pot is LEGAL in WA State… The Voters approved it…. WA State is USER Friendly

    So? What is the War on Pot?  As usual, WA State has placed their CART OF POT $$$  before, the HORSE OF IMPLICATIONS

    Now that POT is legal? The implications of initiative 502 must be dealt with on a local, state, federal and international level.

    ———————————————————————————————

    The people in Clallam County are in a bit of an “Uproar” a heated or intense controversy, that has already been addressed once and denied by the  HEARING EXAMINER.

    Based on the findings of that Planning Commission meeting, the unusable maps and the Draft ordinance submitted by the Clallam County Commissioners. The unanimous Planning Commission decision, was to place a six month moratorium,  on conditional permitting  in residential areas.

    I agree completely with their decision. I commend them for their commitment to due diligence and taking their time to become more informed on Clallam County’s  controversial Pot issues.

    I am asking, that our elected officials and the Planning Commission to  take the following into consideration.

    ——————————————————————-

    The medicinal pot growing and using by individuals  has had a very small impact on our local communities.

    ————————————————————————————————————

    JUST BECAUSE RECREATIONAL POT GROWING BUSINESSES ARE LEGAL THEY ARE NOT MANDATORY IN CLALLAM COUNTY

    INDEED,  WA STATE HAS  CREATED THEIR GRAND SCHEME OF  “Get Rich Quick on Pot” Program for Recreation and Tourism?

    Has a POT economic impact statement been done by your city or county?

    FOLLOW THE MONEY…. Will your local community really get rich quick on pot?

    ——————————————————————————————————-

    “NOT IN MY BACK YARD”

    JUDGE UPHOLDS CITY OF FIFE’S BAN ON POT BUSINESSES (full text bottom)

    Aug 29, 2014 – A Pierce County judge Friday upheld the city of Fife’s ban on marijuana businesses, saying the state law legalizing pot did not mandate cities to … full text below Fife and other municipalities are allowed to BAN marijuana businesses under initiative 502. The state law legalizing pot did not mandate cities to create or allow marijuana businesses.

    ————————————————————————

    RECREATIONAL POT GROWING BUSINESSES ARE NOT MANDATORY IN CLALLAM

    COUNTY CLALLAM COUNTY IS NOT MANDATED TO PROVIDE ANY ZONING,

    LOCATION?  NEAR A SCHOOL?

    LOCATION? NOT IN MY BACK YARD

    LOCATION? Will cause a loss of my property value LOCATION?

    LOCATION? conditional use POT

    GROWING permits IN RURAL AREAS FOR ANY SMALL, MEDIUM, MASSIVE, HUGE, ENORMOUS, VERY LARGE AREAS FOR RECREATIONAL POT GROWING OPERATIONS AND LOCATIONS FOR  SALES AND SMOKING.

    NOR, does it MANDATE THAT OUR COUNTY COMMISSIONERS PLANNING COMMISSION HAVE  TO MANDATE THEIR VALUABLE TIME WITH

    MANDATED PUBLIC POT MEETINGS

    MANDATING PUBLIC COMMENTS

    ON POT FACT FINDING ON  implications OF POT  GROWERS, THAT MAY  NEGATIVELY AFFECT OUR COUNTY FINANCIALLY AND LEGALLY. ANY POT ORDINANCE PASSING, BY OUR COUNTY TO

    PROVIDE POT GROWING ZONING and POT GROWING conditional use permits

    THE COST OF AND FEES FOR COUNTY POT  INSPECTORS  FOR POT GROWING FACILITIES AND

    IN FACT MORE POT WASTED TIME OUTS FOR HEARING EXAMINERS, HEARINGS. MORE IMPACT? ON OUR CITIZENS IN OUR LOCAL COMMUNITIES?

    —————————————————————————

    Apr 10, 2014 – It remains to be seen whether Washington state can ensure that its licensed marijuana businesses won’t become a haven for criminals or a …

    THE FEAR FACTOR? HEALTH IMPACT? POT SMOKING IS SMOKING, THE ENVIRONMENTAL IMPACT, ATTRACTING THE CRIMINAL ELEMENT, PROTECTION BY LAW ENFORCEMENT, WA STATE GIVES OUT THE PERMITS TO INDIVIDUALS? WHO DOES THE CRIMINAL BACK GROUND CHECKS FOR THOSE WHO WILL BE DOING THEIR POT BUSINESS IN YOUR COMMUNITY?  DOES YOUR COUNTY-CITY  NEED TO DO IT’S OWN CRIMINAL BACK GROUND CHECK?

    Apr 11, 2014 – Washington state officials started asking last April for permission to run the checks. … it wants the states to make sure pot revenue doesn’t go to organized crimebackground checks don’t give the businesses or the states that …

    ————————————————————————————————–

    WA State Application Requirements

    Each marijuana license application is unique and investigated individually. The board may inquire and request documents regarding all matters in connection with the marijuana license application. (3) The board will conduct an investigation of the applicants’ criminal history and administrative violation history, per WAC 314-55-040 and 314-55-045.

    ——————————————————————————

    FOLLOWED BY  THE QUICK ANALYSIS GRC STATE REGULATIONS

    Washington State is one of two states that have legalized cannabis for recreational use through Initiative 502. Therefore, a newly developed regulatory system is being created to govern this new type of market and legal marijuana in Washington. There are categories developed within the recent draft regulations which identify how each license is issued, taxed, and directly integrated in the supply chain process:

    ————————————————————————————————————–

    WA STATE Application Requirements

    Each marijuana license application is unique and investigated individually. The board may inquire and request documents regarding all matters in connection with the marijuana license application.

    The application requirements for a marijuana license include, but are not necessarily limited to the following: (1) Per RCW 69.50.331, the board shall send a notice to cities and counties, and may send a notice to tribal governments or port authorities regarding the marijuana license application.

    The local authority has twenty days to respond with a recommendation to approve or an objection to the applicant, location, or both.

    (2) The board will verify that the proposed business meets the minimum requirements for the type of marijuana license requested.

    (3) The board will conduct an investigation of the applicants’ criminal history and administrative violation history, per WAC 314-55-040 and 314-55-045. (a) The criminal history background check will consist of completion of a personal/criminal history form provided by the board and submission of fingerprints to a vendor approved by the board.

    The applicant will be responsible for paying all fees required by the vendor for fingerprinting. These fingerprints will be submitted to the Washington State Patrol and the Federal Bureau of Investigation for comparison to their criminal records.

    The applicant will be responsible for paying all fees required by the Washington State Patrol and the Federal Bureau of Investigation. (b) Financiers will also be subject to criminal history investigations equivalent to that of the license applicant. Financiers will also be responsible for paying all fees required for the criminal history check.

    (4) The board will conduct a financial investigation in order to verify the source of funds used for the acquisition and startup of the business, the applicants’ right to the real and personal property, and to verify the true party(ies) of interest.

    (5) The board may require a demonstration by the applicant that they are familiar with marijuana laws and rules…

    ———————————————————————–

    GRC State Regulations Quick Analysis

    Washington State is one of two states that have legalized cannabis for recreational use through Initiative 502. Therefore, a newly developed regulatory system is being created to govern this new type of market and legal marijuana in Washington. There are categories developed within the recent draft regulations which identify how each license is issued, taxed, and directly integrated in the supply chain process: There are three types of marijuana licenses: ·         Marijuana Producer License – Cultivation license used to grow marijuana and sell to a licensed Marijuana Processor Marijuana Retailer.

    • Marijuana Processor License –  A license to create MIP (marijuana-infused products) and sell to a licensed marijuana retailer.
    • Marijuana Retail License – A retail license to sell only useable marijuana, marijuana-infused products, and marijuana paraphernalia in retail outlets to persons twenty-one years of age and older.

    *No business may hold all three licenses. A licensee may hold both a producer and a processer license. However, a producer or processor may not also be a retailer. The number of retail licenses will be limited.

    Additional category: ·

    Financier – This level of involvement indicates any person or entity who has made or will make an investment in the licensed business of more than ten thousand dollars. A “financier” can be someone who provides money as a gift, someone who loans money to the business and expects to be paid back the amount of the loan without interest, or someone who invests money into the business expecting a percentage of the profits, but accepts the risk that there may not be a full return on the investment. The business applying for a marijuana license can be partnerships, employee cooperatives, associations, nonprofit corporations, corporations, and limited liability companies and must be formed in Washington.

    Producer License Fees Processor License Fees Retailer License Fees

    Below is a link to frequently asked questions about the I-502 rules in reference to licensing, testing, growing, processing, and the operating of a retail location.

    FAQs on I-502 Rules Lottery Details Summary Washington State’s Liquor Control Board has completed the initial phase of its lottery for the state’s 334 legal retail marijuana licenses. The board posted the results of the lottery on its website which ranks all 1,175 applicants within their corresponding jurisdictions. The rankings outline which applicants will move to the final stage of the licensing process, where the liquor board will examine their business models and run background checks. If a business fails to meet specific standards it will removed from the rankings and the next business will be bumped into contention. Out of 122 jurisdictions in the state of Washington, 75 required a lottery because the state received more applications than the number of available licenses. The rankings were generated through a Seattle based company that works with the Washington State Lottery. Applicants who did not win a license have the opportunity to appeal the process. *View more details about the lottery on the Washington State Liquor Control Board’s website:

    Lottery FAQ’s 

    GRC analysis on application requirements for types of marijuana licenses  ·         Comprehensive merit-based application process will require information about the company applying, defined site locations, proof of capitalization, and other specifically detailed Marijuana Producing, Marijuana Processing, and Marijuana Retail business and operations plans.

    • A Marijuana Retailer is prohibited from obtaining cannabis or MIP’s from outside the State of Washington and can only obtain it  from a registered Marijuana Producer or Marijuana Processer.

             Draft regulations require any Marijuana Producers, Marijuana Processors, or Marijuana Retailers, to be sited no less than 1000 feet of the perimeter of any elementary or secondary schools, playgrounds, recreation centers or facilities, child care centers, public parks, public transit centers, libraries, game arcades, or where admission is not restricted to persons twenty-one years of age or older.

    • All applicants and employees working in each licensed establishments must be at least twenty-one years of age.
    • Marijuana licensees may not allow the consumption of marijuana or marijuana-infused products on the licensed premises.
    • Regulations require all licensed establishments to maintain a complete seed-to-sale inventory control system, to monitor the chain of custody and current whereabouts,in real time, of medical marijuana from the point that it is harvested from a Marijuana Producer or Processer, and sold to a Marijuana Retailer.
    • Laboratory testing is required on testing for traces of pesticides/mildew and determining THC/CBD content, overall quality, and potency. A comprehensive QA/QC process will be implemented.
    • Marijuana must be cultivated in an enclosed, locked facility.
    • (MIP) Marijuana-Infused Products are allowed to be created by a licensed Marijuana Processor to be sold to a Marijuana Retailer
    • Adults 21 and over are allowed a single transaction per visit which is limited to one ounce of useable marijuana, sixteen ounces of marijuana-infused product in solid form, and seventy-two ounces of marijuana-infused product in liquid form.
    • For those individuals and groups interested in applying for more than the number permitted licensed locations, a random drawing will be conducted to determine those entities eligible to apply for a license.
    • A marijuana retailer licensee may sell useable marijuana, marijuana-infused products, and marijuana paraphernalia between the hours of 6am and 2am.
    • A marijuana extract does not meet the definition of a marijuana-infused product therefore cannot be sold at a Marijuana Retailer store in the form of hash, oil, or concentrated wax. In addition there is special instruction and training on using closed-loop extraction systems.
    • There are four categories of the regulatory violation structure. These include public safety, regulatory-related, license-related, and one specifically for producers. Producers have the most emphasis in regards to violations, some that could force the producer to destroy up to 50% of harvestable plants for multiple violations.
    • A special “Board” will oversee the licensing process and its implementation in cooperation with the Washington Department of Revenue and State Police. The Washington Department of Agriculture standards will be used to govern all Marijuana Producers gardening methods.

    State financial requirements to open a dispensary in Washington

    • Marijuana Producer License Application Fee………………………………………..$250.00
    • Marijuana Processor License Application Fee……………………………………….$250.00
    • Marijuana Retailer License Application Fee…………………………………………..$250.00
    • Marijuana License Excise Tax – 25% of selling price of all products sold
    • Each license has an annual fee for issuance and renewal for $1000.00*

    ​GRC recommends that between $75,000.00 – $350,000.00 in starting capital could be necessary to pay the expenses involved with development of your dispensary business plans, securing site locations, any consulting fees accrued, and paying all state financial requirements to receive a Marijuana Producer, Marijuana Processor, or Marijuana Retailer license. There will be additional costs when applying for more than one of any type of these licenses if selected during the addtional random drawing process.   This may or may not include the amount needed to develop either the marijuana cultivation and production site, MIP processing plant, or Marijuana Retail locations. For Marijuana Producers only, it is imperative to have the necessary operations costs covered for up to 2-4 months during initial cultivation cycle after receiving a license to operate. Please contact us for more information on how to open a dispensary in Washington.

    ———————————————————————————

    complete text

    Judge upholds city of Fife’s ban on pot businesses

    Posted by Evan Bush Seattle Times August 29, 2014 at 3:05 PM A Pierce County judge Friday upheld the city of Fife’s ban on marijuana businesses, saying the state law legalizing pot did not mandate cities to allow them.

    Prospective marijuana retailer MMH was suing the city and hoped the judge would compel Fife to issue it a business license.

    Tedd  Wetherbee, who owns MMH, said he plans to appeal the judge’s ruling.

    State Attorney General Bob Ferguson said he expects the case will wind up in the hands of the state Supreme Court, possibly early next year. “It’s precisely the issue the state Supreme Court is likely to provide guidance on to the state,” said Ferguson.

    There were two key issues in the case: whether Fife and other municipalities are allowed to ban marijuana businesses under Initiative 502, and whether federal marijuana laws on pot trump the state’s.

    MMH’s lawyer, Mark Nelson, argued that Initiative 502 set up a tightly regulated system controlled by the state Liquor Control Board. Because the board allotted stores across the state and licensed them, Nelson said, his client had the right to open up a shop and Fife shouldn’t be able to stop him. He also argued that disallowing MMH to operate violated voters’ will. Fifty-three percent of Fife voters approved I-502 in November 2012, he said. “I-502 represents the will of people of Washington state,” said Nelson during the hearing in Pierce County Superior Court. “It represents the will of Pierce County and will of the city of Fife.”

    Judge Ronald Culpepper disagreed in what he represented as a “quick and dirty” ruling from the bench. “It could be consistent for people to generally think of legalization of marijuana as a good thing, but not in their backyard,” Culpepper said.

    “I don’t think that’s an irreconcilable conflict.” Because Culpepper decided Fife was allowed to ban pot businesses within the bounds of I-502, he didn’t have to reach the second issue Fife raised — federal preemption. He did take a moment to comment on the issue though. “There is not federal preemption here,” he said. The judge said the state has the authority to legislate marijuana policy and that Washington’s approach wasn’t at odds with the Controlled Substances Act. If the federal government wanted to crack down on marijuana, he said, it still could.

    During the hearing, Culpepper also balked at Fife’s argument that city officials could be prosecuted by federal authorities for approving pot businesses, saying it seemed “far-fetched.” The state Attorney General’s Office, which intervened in the case and believed the bans were legal, disagreed with Fife on the issue of federal preemption and said it could “eviscerate” the law legalizing marijuana.

    After the hearing, Ferguson said the judge’s ruling put the initiative on stronger legal ground because federal preemption was a nonstarter for the judge. “We’ll go anywhere, any time to defend I-502” from federal preemption, said Noah Purcell, the state Solicitor General, who argued the office’s position. It’s not clear yet if the ruling will have widespread effects.

    The Legislature meets in January and could address pot bans. A higher court could overturn the judge’s decision. Alison Holcomb, the ACLU lawyer who crafted the initiative, said she believed the judge’s ruling was “specific to the case.” “I don’t think Judge Culpepper’s decisions necessarily applies to other jurisdictions or Pierce County where legislation is pending right now,” she said. I-502 requires Washington residents have “adequate access“ to pot products “to discourage purchases from the illegal market.”

    Representing the ACLU, attorney Salvador Mungia argued that if municipalities adopted widespread bans, it would undercut the system and prevent the state from its goal of eradicating the black market. The judge seemed sympathetic to the argument, and suggested a ban in Pierce County might not be analogous to one in tiny Fife, a town of about 9,000 people where residents can access nearby pot shops. Holcomb said she hopes the state Legislature can address bans this session. “My hope is that we’ll have a political solution in 2015,” she said. Holcomb said the Legislature should consider incentivizing municipalities to participate in the I-502 system by changing the law’s tax structure.