Video: Seattle Hempfest 2012 – The Great I-502 Debate

Don E. Wirtshafter moderates the most anticipated panel of Seattle Hempfest 2012, The Great I-502 Debate. Initiative 502 is on the Washington State ballot and would legalize personal possession of marijuana, with state-licensed cultivation for commercial stores. It also institutes a new per se DUID at 5ng of active THC per milliliter of blood, which is an unscientific standard for determining driver impairment.

From left to right:

1. Steve Elliott, Toke of the Town (I-502 opponent)
2. Kari Boiter, Legislative Analyst  (I-502 opponent)
3. Keith Stroup, NORML Founder & Legal Counsel (I-502 proponent)
4. Alison Holcomb, I-502 Campaign Director (I-502 proponent)

I personally remain a believer that I-502 must be passed (as does Seattle Mayor Mike McGinn) as no law is ever perfect and to keep the cannabis reform momentum going. Every one of these panelists is clearly knowledgeable, passionate and dedicated to cannabis reform.

The two I-502 opponents have countless valid points.  Keith said it best during the Q&A that it’s a measure of the political success cannabis reform is now having that the finer details are being internally debated as success comes closer.

Of course, a house divided can not stand, as we saw with Prop 19 in California.

Seattle Hempfest 2012 – The Great I-502 Debate Video Timestamps and Highlights

• Intro from Don E. Wirtshafter on I-502 and how it’s divided the WA marijuana community [beginning]
• Introduction of panel [3:14 mark]
• Steve Elliott’s opening statement [4:45 mark]
• Keith Stroup’s opening statement [6:25 mark]
• Kari Boiter’s opening statement [16:10 mark]
• Alison Holcomb’s opening statement [22:39 mark]

Question and Answer Section

Can you explain the DUI Provisions in I-502? [30:57 mark]

• Alison – It’s no different than the current law and not a reason to vote against I- 502. [31:05 mark]
• Steve – He can’t support any measure these DUI provisions like this [35:20 mark]
• Keith – Educating non-cannabis users who vote against legalization is critical to dispelling the myth that legalization would create tons of new stoned and dangerous drivers. [37:50 mark]
• Kari – She’s had her blood work done and sees how easily she’d be considered impaired 24/7 under this 5ng rule. [39:40 mark]

If I-502 passes, how do you fix or relax the DUI provisions? [45:30 mark]

• Alison – Jan 2013 legislative session, add to medical marijuana law that proof of your test result is not adequate evidence for a conviction, you have to have additional impairment. [46:29 mark]
• Kari – They have to prove impairment now. If I-502 passes, all law enforcement needs is this inappropriate scientific measure of 5ng. [51:19 mark]

If I-502 passes, what does it mean to home growers, passing a joint, legal vs illegal marijuana for end users? [55:45 mark]

• Alison – I-502 does not distinguish between source of marijuana a person is carrying. Home growing is currently a felony, but you have an affirmative defense as a medical marijuana patient, I-502 doesn’t change that. Right now passing a joint is a felony under ‘delivery’, I-502 doesn’t change that. [56:30 mark]
• Steve – I don’t want to trust law enforcement officials to not abuse laws. Do the conclusive research on impairment before defining it. [59:39 mark]

How would I-502 change things for current medical marijuana patients in WA? [61:12 mark]

• Kari – Yes, I-502 may give growers more protection from WA, but it’s the Feds I’m worried about and this gives them more valuable information. [61:39 mark]
• Alison – I-502 doesn’t change things at all. [63:34 mark]

Does I-502 change law on industrial hemp ban in WA, what would happen to black market cannabis grown outdoors if industrial hemp ban is lifted? [65:29 mark]

• Steve – State law of industrial hemp is meaningless against federal raids, as other states have seen.[65:49 mark]
• Keith – “I want to create a conflict with the federal government.” The more states that pass laws, the better. [66:29 mark]
• Kari – “If you’re going to create a conflict with the Feds, you better be damn sure you can win.” Follow the alcohol model. [67:10 mark]
• Alison – “17 states have medical marijuana laws… I’m glad they didn’t wait for Congress to give them permission…” [67:38 mark]

How will the distribution system tax plan get implemented and be compliant under federal law per I-502? [68:16 mark]

• Alison – In regards to state agencies that regulate WA’s drug laws, they already have mandates to co-operate with federal agencies in enforcing drug laws. I-502 makes no changes. [68:30 mark]
• Kari – The federal government is not sitting idly by, they’re raiding dispensaries, including Harborside. Obama has not respected states’ rights on medical marijuana. [71:35 mark]

I-502 removes penalties for having marijuana paraphernalia, such as a pipe? [73:27 mark]

• Alison – Yes
• Kari – Yes

Do you think juries will convict anyone after I-502 passes? [73:48 mark]

• Keith – Federal government doesn’t have the resources, something like 97% of all marijuana arrests are state level. The Feds can’t afford to come arrest smokers. [73:58 mark]

What are the consequences if I-502 doesn’t pass? [74:58 mark]

• Kari – Feds are raiding everywhere regardless of what marijuana laws states are passing. [75:13 mark]
• Keith – The Feds have not been raiding in New Mexico. [75:28 mark]

Is it true I-502 fails to have a preemption and severability clauses? [75:48 mark]

• Alison – No, because it amends our existing uniform controlled substances act, which already has these provisions in them [76:03 mark]

If I-502 passes will it create a domino effect throughout the country [76:45 mark]

• Steve – If I-502 passes, it sets a bad precedent and it will green light other states to pass these same DUI provisions. [76:57 mark]
• Keith – Initiatives don’t have to worry about elected officials and their worrying over re-election, they can improve the law each iteration. [78:02 mark]
• Kari – Cites numerous studies on cannabis usage and trying to measure impairment [79:47 mark]

What about the 1,000 foot rule from a school, park, etc make it extremely difficult to distribute cannabis in any metropolitan area? [81:30 mark]

• Alison – Yes, it will impact some locations but to broader voter support it’s a compromise to address people’s concerns for kids. [81:48 mark]
• Kari – I-502 says within 1,000 feet of a school, playground, recreational facility, child care center, game arcade, park, publicly owned property, etc. etc. Good luck finding an eligible dispensary location. [82:49 mark]

If I-502 passes, how would impact WA’s compliance with international treaties? [83:55 mark]

• Keith – Yes, the United States could absolutely legally get out of any international provision with six months notice. Other countries in South America have stopped following. [84:05 mark]

How did I-502 get into this divided political mess and how can it succeed if so? [85:28 mark]

• Keith – First 30 of 40 years of reform movement, we all agreed generally on legalization. Past 10 years as we get closer to our goal, we start arguing on the details and the money as probability of success increases. [85:49 mark]

What does I-502 change about field and blood testing for DUI? [87:20 mark]

• Alison – I-502 doesn’t change any field procedures. It does create a new blood standard. [87:33 mark]

Final 30 second closing comments from each panelist [91:10 mark]