I-502, legalization, Class C felony amounts permitted, and the facts with a dash of opinion.

The misinformation, half-truths, and lies put forth by I-502’s opposition abound throughout the assertions and arguments put forth as reasons for vehemently opposing the passage of I-502. One of the most insidious of these is the lie that I-502 will only make a legal exception for misdemeanor amounts of Marijuana. I-502, when it passes, will legalize amounts that currently fall into Class C Felony amounts of Marijuana under Washington state law and this will be the legalization under Washington’s Revised Code for the specified amounts of Marijuana put forth by I-502, as you will see.

legal•i•zation

Google Dictionary

Definition for legalization:

Web definitions: the act of making lawful.

http://wordnetweb.princeton.edu/perl/webwn

Google Dictionary

The Free Dictionary

le·gal·ize

tr.v. le·gal·ized, le·gal·iz·ing, le·gal·iz·es

To make legal or lawful; authorize or sanction by law

       legal·i·zation n.

The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.

legalize, legalise

vb (tr)

1. (Law) to make lawful or legal

2. (Law) to confirm or validate (something previously unlawful)

legalization , legalisation n

Collins English Dictionary – Complete and Unabridged © HarperCollins Publishers 1991, 1994, 1998, 2000, 2003

TheFreeDictionary.com

Marijuana or Marihuana, Defined by Washington Statute

Chapter 69.50 RCW Uniform controlled substances act

RCW 69.50.101

Definitions.

(q) “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

RCW 69.50.101 Definitions

I-502 PART II: DEFINITIONS

(((q))) (s) “Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

I-502 Bookmarked [PDF page 7]

I-502

PART III

LICENSING AND REGULATION OF MARIJUANA

PRODUCERS, PROCESSORS, AND RETAILERS

NEW SECTION. Sec. 15.

NEW SECTION. Sec. 15. The following acts, when performed by a validly licensed marijuana retailer or employee of a validly licensed retail outlet in compliance with rules adopted by the state liquor control board to implement and enforce this act, shall not constitute criminal or civil offenses under Washington state law:

(1) Purchase and receipt of useable marijuana or marijuana-infused products that have been properly packaged and labeled from a marijuana processor validly licensed under this act;

(2) Possession of quantities of useable marijuana or marijuana infused products that do not exceed the maximum amounts established by the state liquor control board under section 10(5)[Included Below] of this act; and

(3) Delivery, distribution, and sale, on the premises of the retail outlet, of any combination of the following amounts of useable marijuana or marijuana-infused product to any person twenty-one years of age or older:

(a) One ounce of useable marijuana;

(b) Sixteen ounces of marijuana-infused product in solid form; or

(c) Seventy-two ounces of marijuana-infused product in liquid form.

I-502 Bookmarked [PDF page 25]

NEW SECTION. Sec. 10.

NEW SECTION. Sec. 10. The state liquor control board, subject to the provisions of this act, must adopt rules by December 1, 2013, that Code Rev/AI:crs 19 I-2465.1/11 establish the procedures and criteria necessary to implement the following:

NEW SECTION. Sec 10.(5) Determining the maximum quantities of useable marijuana and marijuana-infused products a marijuana retailer may have on the premises of a retail outlet at any time without violating Washington state law;

I-502 Bookmarked [PDF pages 20 and 21]

RCW 69.50.4014

Possession of forty grams or less of marihuana — Penalty.

Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of forty grams or less of marihuana is guilty of a misdemeanor.

Revised Code of Washington 69.50.4014 Possession of forty grams or less of marijuana – Penalty.

RCW 69.50.401

Prohibited acts: A — Penalties.

(1)Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

(2) Any person who violates this section with respect to:

(c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;

Revised Code of Washington 69.50.401 Prohibited acts: A — Penalties.

RCW 69.50.204

Schedule I.

Unless specifically excepted by state or federal law or regulation or more specifically included in another schedule, the following controlled substances are listed in Schedule I:

(c) Hallucinogenic substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this subsection only, the term “isomer” includes the optical, position, and geometric isomers:

            (22) Marihuana or marijuana;

Revised Code of Washington 69.50.204 Schedule I.

RCW 9A.20.020

Authorized sentences for crimes committed before July 1, 1984.

(1) Felony. Every person convicted of a classified felony shall be punished as follows:

(c) For a class C felony, by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than ten thousand dollars, or by both such imprisonment and fine.

  …

Revised Code of Washington 9A.20.020 Authorized sentences for crimes committed before July 1, 1984.

My Opinion

Would it be Harry J. Anslinger or William Randolph Hurst who would be most proud of the I-502’s cannabis consuming opposition? Both is what I would bet on and it appears that again that the cannabis consumers in opposition to I-502 are utilizing they play books of these two men who are arguably the great-grandfathers of cannabis prohibition.

We cannot achieve our goal of cannabis legalization if cannabis consumers who oppose a particular initiative or amendment utilize the tactics of misinformation, half-truths, and lies, we can only sink our righteous cause and ourselves to the level of malevolency the drug warriors and politicians sink to maintain cannabis prohibition.

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About TriXteR Phillips

Founder and Jack-of-all-Trades at Stand Up and Speak Out a volunteer organization devoted to providing the public with safe, legal, and supportive events on 4-20 to help bring public attention to the need to end cannabis prohibition for all humanity. Founder, Admin, Blogger, and Jack-of-all-Trades at TriXteR Phillips: A Poison Thorn in Prohibition's Side.
This entry was posted in Body Politic, I-502, My Opinions and tagged , , , , , . Bookmark the permalink.

9 Responses to I-502, legalization, Class C felony amounts permitted, and the facts with a dash of opinion.

  1. Pingback: The Forgotten Patients of Washington State and the Graphic Truth | TriXteR Phillips

  2. MikeD says:

    How does this law help any current medical patent? I see NOTHING in this law that help them only hinders.

  3. Pingback: I-502, marijuana is the new hemp, and the facts with a side order of opinion. | TriXteR Phillips

  4. BenJammin says:

    I’m sorry – I was just correcting your english! Below, not bellow….

    Thanks for your work clarifying the truth!

    • Good call, with being a 9th grade dropout with reading dissabilities allows for such errors. Would you like to work as my volunteer edititor? Lol. Thanks for pointing that out sir, I will get that corrected ASAP.

    • Updated and thank you again sir, Word does not catch those errors in grammar. Also, fair warning I reply to most comments without Word so you will find far more of those and other grammatical errors throught my comments.

      Have a great day and thank you for your input sir.

  5. BenJammin says:

    Above in “NEW SECTION. Sec. 15” it says “…10(5)[Included Bellow] ”

    Bellow? Are you sure it’s not below?

    Thanks.

    • Ben- I am not sure what you mean but my use of the [Included Bellow] was to let the reader know that this subsection referenced by New Section 15 is provided as well. It is not in the wording of I-502 itself and New Section 10 preceeds New Section 15 of I-502. I just wanted to make sure that was in ther because I felt it was relevant. I hope that clarifies that matter if not please feel free to ask more clarificationary questions.

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