On Friday, February 19, Sensible Washington co-founder Douglas Hiatt received an email from the ACLU of Washington’s drug policy director Alison Holcomb. Her email, which she also publicly posted on Hemp Talk, was in response to a private email Hiatt had sent her two days earlier asking what help the ACLU of Washington would give to Sensible Washington’s I-1068. For example, would the civil rights advocacy non-profit be willing to endorse I-1068?

Holcomb replied: “The ACLU supports marijuana legalization and will continue to work toward that goal.  However, we will not be supporting I-1068 because it does not provide a responsible regulatory system.”

Holcomb also offered her justification for continuing to work with the Washington State Legislature in attempting to achieve marijuana legal reform. The Legislature this year failed to pass two ACLU of Washington-sponsored bills on marijuana legal reform and over the past decade the Legislature has proven incapable of offering sensible reform of the state’s marijuana laws to the citizens of Washington State.

Sensible Washington is disappointed that the ACLU of Washington is refusing to support I-1068. We believe that in so doing the group is ignoring the wishes of many of its members and contradicts its years of support for marijuana drug reform. We find it especially ironic that the organization which initially promoted legalization and reform in Washington State should retreat from its last 10 years of work on that front.

We are especially disturbed by the characterization of I-1068 as irresponsible based upon lack of regulation when the ACLU of Washington is well aware that the initiative could not include a regulatory scheme. Federal preemption issues make a comprehensive tax and regulate scheme impossible and the single issue rule for initiatives in Washington State does not help either. Those restrictions limit the scope of any initiative to removing criminal penalties for adults. If I-1068 is passed this November it will fall to the State Legislature to provide a legal framework for adult marijuana use, possession and cultivation. The ACLU of Washington has been involved in developing such frameworks, making its current position on I-1068 even more curious.

We are confused that the ACLU of Washington doesn’t seem to get that it is wrong for the State of Washington to continue to waste about $105 million a year in taxpayer funds to arrest, prosecute and imprison over 12,000 otherwise responsible citizens a year for marijuana-related offenses. We are confused that the ACLU of Washington would be willing to accept a state medical marijuana law which offers little legal protection to sick and dying patients. And we are utterly baffled that the ACLU of Washington does not get that the repeated failure of the Legislature to reform this state’s marijuana laws indicates that an initiative to the people is the only responsible method to achieve the kind of reform that the citizens of Washington State clearly desire.

We have a window of opportunity given current societal changes and public discontent with marijuana laws to assist the public in understanding the need for reform and how it can be accomplished sensibly. It is sensible to prevent the State of Washington from wasting about $105 million a year—and possibly tens of millions of dollars more—in taxpayer funds during the depths of a recession. It is sensible to end criminal penalties for responsible adults. It is sensible to protect medical marijuana patients now. Arrests of patients are expanding and the ACLU of Washington has not been effective in passing legislation to protect them.

And it is highly sensible and desirable to promote a reasoned discussion on the efficacy of the war on drugs in a statewide context that will allow regular voters to be engaged instead of merely relying upon state legislators—many of whom have their own political agendas and refuse to end marijuana prohibition in this state.

If the ACLU of Washington does not believe that Washington State is ready for change and to make history, then we ask that the organization remain neutral and refrain from providing false information to the public about I-1068 such as the mischaracterization of I-1068’s lack of regulation. It is also time for the ACLU of Washington—and Holcomb, in particular—to stop tossing about innuendoes that marijuana is not a benign drug, or that the removal of criminal penalties will lead to the promotion of criminal activity.  As they well know, it is prohibition that leads to these evils—not the removal of the criminal penalties.

Did the ACLU of Washington miss the recent endorsement of I-1068 by retired Seattle Chief of Police Norm Stamper?  Or the endorsement of former State Rep. Toby Nixon (R-Kirkland)? These responsible experts on drug policy reform understand that I-1068 is the beginning of the end of the failed war on drugs. Why doesn’t the ACLU of Washington?

The ACLU of Washington’s phone number is 206-624-2184 and its website is www.aclu-wa.org.

Most of you already know about this, so we’ll be brief: earlier today HB 1177 (the so-called “decrim” bill) and HB 2401 (the legalization and taxation bill) died in the Washington State Legislature’s Public Safety and Emergency Preparedness Committee. Details are over at the Seattle Times.

Of interest, State Rep. Steve Kirby (D-Tacoma), a committee member, said:

“‘Don’t count me all the way out, but count me out today because this is not the one [bill],’ said Kirby.

“But before voting ‘no,’ Kirby said that an issue as monumental as changing the regulation of marijuana should be put to the public for a vote. Next November he might get his wish.

“An initiative filed a week ago Monday by the activist group Sensible Washington would legalize all adult marijuana possession, manufacturing and sales under state law.”

Always nice to rate a mention in the SeaTimes (full disclosure: initiative co-author Philip Dawdy has written for the Times in the past). One attorney with the Cannabis Defense Coalition who was at the committee vote told the paper:

“‘Now it is up to the people to lead,’ [Pam] Haley said.”

The people can lead on marijuana legal reform by volunteering to help gather signatures once our humble initiative is approved by the Secretary of State and state Attorney General for signature gathering around March 1.  Email us at sensiblewashington@gmail.com. The people can lead as well by supporting Sensible Washington’s efforts to get the initiative on the ballot by making a contribution. After all, we’re going to need to print out well over 10,000 petition forms and printing is not free.

On Wednesday, KING5 released results of a KING5/Survey USA poll of 500 Washington adults conducted on January 13, 2009. The poll asked respondents: “State lawmakers are considering making marijuana possession legal. Do you think legalizing marijuana is a good idea? Or a bad idea?”

Fifty-six percent of respondents said legalizing marijuana was a good idea while 36 percent said it was a bad idea and another 8 percent of respondents said they weren’t sure. Sixty-four percent of men thought it was a good idea, but only 48 percent of women thought legalization of marijuana was a good idea. Support was broad and deep across all age groups from 18 to 64 years of age. Only among respondents 65 or older did support drop to 32 percent with 64 percent of the 65+ respondents saying marijuana legalization a bad idea.

The poll had a margin of error of 4.4 percent.

Sensible Washington is pleased by these kinds of numbers which indicate a strong willingness among Washingtonians to reform marijuana laws in this state. And that’s just what Sensible Washington is aiming to do with its proposed ballot initiative, filed on January 11, 2009, which would remove all criminal penalties from adult use, possession and cultivation of marijuana in the State of Washington. Another indicator of just how much attitudes around marijuana have changed in this state in recent years is that a major media outlet such as KING-TV would even spend its own money on having Survey USA conduct a poll.

The times certainly are changing. If you want to help make marijuana laws in Washington State change for good, then consider making a donation to support our efforts. You can find out how to donate right here. If you have other questions about the group or the forthcoming campaign, send us an email at sensiblewashington@gmail.com. You can also add us on Facebook.

We’ve had quite the busy week doing interviews and such with the media. Last evening initiative co-author Vivian McPeak was on KOMO-TV news at 6 p.m. and 11 p.m. Today, Seattle blog The Sun Break has a nice write up on our initiative and The Stranger includes us in an article on how various marijuana-related bills are doing in the State Legislature–not well; neither decrim or legalization and taxation are expected to pass both houses, opines the paper–which is why support for our initiative by the public is crucial.

About us, The Stranger noted:

Still, some want to try going for broke with an initiative. On January 11, a new group called Sensible Washington filed an initiative that would legalize marijuana outright.

“There are just not enough people in the house and senate willing to step up and vote for it,” says Philip Dawdy, coauthor of the initiative and a freelance journalist. With plans to get the measure on the ballot for under $100,000, the ambitious pot measure has more than an uphill battle. Passing it would be like climbing Mount Everest while fighting the Huns. But the steep fight of an initiative may be the only way Washington will ever change pot laws—even taking a moderate step like decriminalizing possession of small amounts, never mind legalizing pot completely.

“Sometimes you have to do things by initiative because the legislature doesn’t want to do it,” said Speaker Chopp, speaking about controversial proposals. Is the legislature shirking its responsibility by asking the public to pick up the tab for an expensive initiative? “I’m not advocating that we do initiatives. I’m just saying sometimes that’s the way to get things done,” he said.

Climbing Mount Everest while battling the Huns? Sounds like our kind of fun.

In other news, we appreciate Speaker Chopp’s sense of how sensible marijuana legal reform will likely have to happen…through an initiative. As it so happens, we know where just such an initiative can be found.

We’re already flattered to be hearing from Washingtonians who’d like to contribute money to our group. Until we get an electronic form online in the near future, please send your kind contributions to:

Sensible Washington
3161 Elliott Avenue, Suite 340
Seattle, Washington 98121

Make checks payable to Sensible Washington.

Thank you for your support.