Northwest Chronicle - January/February

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PARDON

GOV. INSLEE PROPOSES PLAN TO OFFER CLEMENCY FOR MARIJUANA OFFENDERS

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WHAT YOU NEED TO KNOW: Marijuana use in Washington State TYPES OF MARIJUANA: What effect do you want?

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TABLE OF CONTENTS Pardoning marijuana misdemeanors

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Types of marijuana

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Testing for marijuana

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Cannabis and driving

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Marijuana use in Washington State

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PARDON Inslee’s initiative to pardon many with a marijuana misdemeanor

By BOB SMITH bsmith@soundpublishing.com

With the stroke of his pen, Washington state Gov. Jay Inslee says he will begin pardoning thousands of convictions for misdemeanor possession of marijuana.

Inslee’s decision comes seven years after the state legalized the use of cannabis by adults. The governor has enacted an expedited process under his state constitutional clemency authority, an action that does not require approval by the state Legislature.

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As part of the process, those who were convicted of marijuana possession between Jan. 1, 1998 and Dec. 5, 2012, the date when state voters approved Initiative 502, to officially legalize cannabis possession for adults.

The move to pardon those who were convicted of possession will be a boon to people like Tony Kurek of Kitsap County, who has been in recovery from drug Washington Gov. Jay Inslee addiction for 13 years. Today, he is speaks to reporters at the a pastor and a community leader Washington State Cannabis who, along with his wife, are Summit in SeaTac Jan. 4. involved with helping the homeless Governor’s office photo in the county. The couple has even opened a nonprofit house for poor and low-income women and men.

Kurek’s life was impacted by far more than a misdemeanor marijuana conviction, however. He was a decade deep in a pit of drug abuse that included not only pot but methamphetamines, cocaine and other drugs.

The couple struggled to get their life back on track. When Tony’s drug problem was overcome, he had another obstacle: a marijuana conviction on his record while in his thirties that became an albatross. Unable to obtain a job and housing because of his conviction, Kurek and his wife found themselves homeless for more than a year.

Kurek likened his misdemeanor conviction as having a bag of rocks tied around him.

“I own my decisions,” he said of his troubled journey into drug abuse. “But once we got into recovery, we found it very difficult to shake the mistakes of my past.”

For people like Kurek who have a misdemeanor marijuana conviction on their record, Inslee’s decision to pardon them — some 3,500 people in the state fit within the governor’s pardoning guidelines — is a just reset of the scales of justice.

“We shouldn’t be punishing people for something that is no longer illegal in Washington state,” Inslee said of his initiative at the Cannabis Alliance Jan. 4 in SeaTac. “Forgiving these convictions can help lessen their impact and allow people to move on with their lives. It’s a small step, but one that moves us in the direction of correcting these injustices.”

The new pardoning decision will benefit just a minority of those with marijuana convictions, however. The Marijuana Justice

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Initiative will grant clemency to people who have a single adult misdemeanor possession on their criminal record. The new process bypasses the requirement to make the request through the state’s Clemency and Pardons Board. They must have been persecuted under Washington state law, not a local ordinance.

For those individuals who believe they meet the pardon parameters, they must submit a petition online to the governor’s office, where it will be reviewed for eligibility. If an individual qualifies, the governor will pardon the conviction and ask Washington State Patrol to remove the offense from the criminal history report that is available to the public.

The governor’s initiative does have limitations that he hopes will be broadened by future legislation. Pardons do not automatically remove the conviction record from court files, and they do not grant petitioners the legal authority to state that they have never been convicted of a crime on applications for employment. They can, however, indicate they have received a pardon from the governor.

The petitioner can seek to get their conviction vacated by seeking relief from the court that entered the conviction. Those wishing to do so can contact the court clerk for more information.

Detailed information about the governor’s initiative is on this web page: https://www.governor.wa.gov/marijuanajustice.

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Types of marijuana: What effect do you want?

Any seasoned smoker knows there are three distinct types of marijuana: sativa, indica and hybrid.

The plants of cannabis indica and cannabis sativa have been around since the 18th century with cannabis Hybrid being relatively new. Hybrid indicates the mixing of seeds from different geographic locations around the world.

The effects of each vary.

INDICA: The Indica strain is a more relaxing effect with the tendency of making you want to hang out on the couch. The origin is believed to come from the Hindu Kush region close to Afghanistan. Anyone who knows anything about marijuana knows that Kush is really strong weed. In this area of Afghanistan, the strain developed thick coats of resin as a mean of protecting themselves due to the harsh climate. Characteristics of indica include flowering time, yields, geography of where seeds came from and various flavors.

Some of the epic names given to top flavors include Purple Haze, Granddaddy Purple and Northern Lights.

SATIVAS: The sativas strain alternatively has energizing effects which is why they’re often used in the morning or afternoon. This strain of marijuana is used primarily for depression and exhaustion. Its morphology is a growth of up to 20 feet high, it is narrow with loose branches. The effects of sativa are said to be uplifting and allow you to be creative. Medicinally, it can treat ADD and mood disorders. Some of the more popular flavors under the sativa strain include Sour Diesel, Jack Herer and Lemon Haze.

HYBRID: There are many variables for the two ancient strains which is where Hybrid comes in. The seeds of many geographical areas are cross germinated to balance marijuana with both strains. This offers the marijuana user a balance between the two so you get the best of both worlds.

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Testing for marijuana: Will a topical be detected?

While medical and recreational marijuana is legal in Washington state, some employers still do tests for drug use.

Those who use topical creams with cannabis in them often wonder if that will make them test positive in a urinalysis drug test.

Here’s what Amanda Reiman, who teaches classes on drug policy at the University of California-Berkeley, had to say: Topical cannabis applications can be extremely helpful for localized pain and inflammation. Many people like them because they work on contact and are non-psychoactive.

In theory, the same reason you can’t get high from rubbing them on your skin related is to why using topicals will not cause you to test positive in a drug test.

The THC level in topical products tends to be far lower than that in smokable or edible products. Add that to the fact that applying a topical to the skin only allows it to break the skin/ muscular barrier, but not enter into the blood stream. I have not seen any reported cases of positive drug tests from topical applications and the research supports this.

However, depending where you live, there might also be transdermal patches on the market. These work similarly to nicotine patches and do contain components that allow the THC to break into the bloodstream and will cause intoxication and a positive drug test.

The topicals I am referring to only include lotions, balms, salves, and others products that contain cannabis and are rubbed on the skin.

Think about it like rubbing alcohol. You can rub it on various places on your body, but you will not feel intoxicated or have a BAC over the legal limit if you use it, even though it has a very high concentration of alcohol in it. However, remember that, like the transdermal patch, consuming marijuana in other ways will show up on a drug test.

There are three main types of drug tests, urine, blood and hair tests, and saliva tests are becoming more common, especially for detecting marijuana smoking. However, a urine test is the most commonly administered because of ease and cost.

In reality, the only thing that will ensure a clean drug test is abstaining from ingesting drugs, at least for a while, but each test is different in terms of how long you need to abstain and what the test can tell about your use history.

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Urine tests can detect the THC in the fat cells, since some of it gets washed out with the urine. THC can reside in fat cells for up to four weeks, sometimes longer if the person consumes large amounts of marijuana.

In a blood tests, THC is usually eliminated from the blood within 48 hours, however, blood tests are costly and harder to administer so they are not used as often. Hair follicle tests work by detecting THC metabolites that have been passively diffused from the blood stream to the base of the hair follicle. Hair follicle tests can detect drug use within the past three months, including patterns of use. However, they often show false positives due to environmental pollution and other factors.

Drug tests can be administered in a discriminatory way that many times includes violations of privacy and an assumption of drug use leading to negative consequences. However, in today’s world, it is a part of many opportunities for employment, athletic participation and part of criminal justice sanctions.

Whether you support the idea of drug testing or not, the consequences of having a positive test can be far reaching and detrimental.

Source: Amanda Reiman, PhD., doctorate in social welfare.

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At a Glance: Cannabis and driving

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What you need to know:

Using cannabis in the Evergreen State The facts about legal marijuana in Washington Only adults 21 and older can purchase and possess marijuana.

Marijuana can only be sold and purchased at state-licensed retail stores. A valid photo ID is required and no one younger than 21 is allowed on the retail premises. Retail marijuana stores only accept cash.

Adults 21 and older can purchase up to one ounce of usable marijuana (harvested flowers or bud), 16 ounces of marijuana-infused edibles in solid form, 72 ounces in liquid form, and 7 grams of marijuana concentrates.

Price will vary according to the quality and availability. Some strains are considered better than others. Most stores aim at $10-$12 per gram, although that price can go as high as $25.

There are 28 grams in one ounce, the amount that can be legally purchased at one time. Typically, that amount can cost $300 and up.

It is a felony for anyone but a licensed retailer to sell or provide marijuana to anyone else. Providing or selling marijuana to a minor younger than 18 is punishable by up to 10 years in prison and a $10,000 fine.

It is illegal to consume marijuana in public view.

It is illegal to drive under the influence of marijuana, and doing so may result in significant legal penalties.

Taking marijuana outside the state of Washington may result in significant legal penalties.

As with tobacco, smoking marijuana in any indoor location is subject to the restrictions in the Washington Smoking in Public Places law. The law prohibits smoking in public places or places of employment, and within 25 feet of entrances, exits, open windows and ventilation intakes. If you are a hotel guest and the hotel permits it, it is legal to consume marijuana in a private hotel room.

Possession of marijuana is still illegal federally. This is also true at national parks. And if you are in navigable waters, the U.S. Coast Guard will enforce federal law. It is never OK to operate a boat while impaired by marijuana or any other drug.

The law against marijuana use in public view applies to state parks, public hiking trails and ski resorts.

Source: Washington State Liquor and Cannabis Control Board.