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Twelve Democrats are cosponsoring a bill in the state house that would reduce the penalty for possessing up to 40 grams of marijuana to a civil infraction, subject to a $100 fine. It would only decriminalize marijuana possession, not legalize it. Introduced on January 14, this is the first legislative attempt to reform Washington's marijuana laws in decades. Under current state law, possessing even one joint is a misdemeanor punishable by up to 90 days in jail.
But does it stand a chance?
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This seems an unlikely year for the legislature to embrace any civil-liberty-lovin' proposals, considering the top item on their agenda: bridging the state's $6 billion budget gap. However, the financial crisis may, paradoxically, prove a windfall. According to data from a report by the Washington State Institute for Public Policy (Evidence-Based Public Policy Options to Reduce Future Prison Construction, Criminal Justice Costs, and Crime Rates), the state spends over $1,000 per misdemeanor arrest and conviction. Using this estimate and applying it to the 11,553 pot-possession arrests (and 3,600 convictions) in Washington in 2007, the ACLU of Washington calculates that the state annually spends over $7.5 million on marijuana enforcement.
"I think any chances of passing will hinge on the opportunity to achieve budget savings and whether this proposal is less unpopular than other proposals for cost savings," says the bill's prime sponsor, Representative Dave Upthegrove (D-33). "Is it more controversial than closing parks?"
Upthegrove also hopes that, as a suburban representative, he gives the bill "a little political cover."
But the bill has already hit a roadblock. Representative Christopher Hurst (D-31), a former narcotics officer and ex-cop who chairs the Public Safety and Emergency Preparedness Committee, refuses to give the bill a hearing. "I am concerned that [the bill] is in direct conflict with federal law," which makes possessing any quantity of marijuana a crime, he says. "If we tell citizens of Washington that marijuana is no longer a crime, and they cross the border and get arrested... or if they go out on their boat [and are arrested by the Coast Guard], they are not going to be happy with us."
However, it's unclear whether the federal government would bother prosecuting people for such a minor crime. Even federal law-enforcement officers can treat possession of up to an ounce of marijuana as an infraction, rather than arresting and jailing an offender. And Representative Roger Goodman (D-45), an attorney and former head of the King County Bar Association's Drug Policy Project, says, "Federal law clearly allows the states to prescribe their own penalties, whether civil or criminal."
"Thirteen other states have already [decriminalized marijuana]"—including Massachusetts, where a measure similar to the one in the Washington State legislature passed a public vote in November by a 30-point margin—"and we haven't seen any of those other states struggle with [the] problem" of federal prosecution, says Alison Holcomb, director of the ACLU of Washington's Drug Policy Project. California has made possession of marijuana a civil infraction, and, like Washington, it also sits on an international border and has a coastline patrolled by federal agents.
Hurst says that if a companion bill passes in the state senate and comes to his committee, he will give it a hearing.
State senator Jeanne Kohl-Welles (D-36) says she'll introduce companion legislation within a week. But the bill faces an uphill battle in the senate, where it will have to get out of the judiciary committee. Three of the committee's eight members are Republicans and another member is conservative Democrat James Hargrove (D-24).
Meanwhile, no Republicans have cosponsored the current bill, making
it a lefty long shot that could take years to pass, cosponsor
Representative Brendan Williams (D-22, Olympia) acknowledges. Cal
Anderson, Washington's first gay legislator, "used to be a voice in the
wilderness on gay civil-rights issues," he says. "You just keep
plugging away and people start thinking in terms of the change." 
This story has been updated since it was originally published.
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We already are "not happy" with the current marijuana criminalization and we would be much happier to take our chances with the coast guard! If the state legislature is really so concerned about our sensitive feelings, then I dare them to let us vote on this issue!
People (voters) aren't that dumb. We understand that state laws might be in conflict with Federal law that we may choose to violate, and that many other states and their citizens are in that situation.
It's a critical aspect of democracy that citizens value the differences between states encoded in state-level laws, *especially* when those may be in conflict with monolithic Federal law. "States legislatures are the laboratories of democracy" and all that.
Is the $7.5 million based on court costs, the actual sentences dolled out, some averaging of the sentences, a combination of those things or something completely different? I don't like unexplained numbers, so many faulty assumptions can hide within them.
In this case, 7.5 million divided by 11,553 would mean that an average of $650 was spent on each arrest. That seems a little low to me.
Not to menition the WA Federal District Attorney has already told the Border Patrol not to send him MJ cases that are small time, because he is not going to prosecute them. What about concern for the Medical MJ patients who get busted by the Feds while they are IN the state?
No lame excuses anymore. Kohl-Welles is my District State Senator, and on this one, she has my support.
Too bad the ACLU and the pot people are not good at the lobbying end
No republicans and no conservatives doom the bill
But, the issue brings members to the ACLU .... so for them, they win something
Sign on, not just support ... lobby them, hard.
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It would be of considerable help were you to post the title and number of the bill cited, if a number has been assigned. Thanks!
I have written to Christopher Hurst. I am hoping you all will do the same.
the fuckers would be crying for more money as they are right fucking now?
you think your going to save Washington money?
Even if you did they would spend it on what?
to think we could be paying for the monorail right now.
Pot should only be illegal for politypiggys to smoke.
Its 2009! and they are broke?
what part of they are broke from 2009 since jesus was wearing sears tough skin jeans?
In 2000 Washington was number 28 in the union in marijuana cultivation, now it is in the top ten.
Pot is a major pillar in this state's economy, and prosperity.
Rep. Hurst thinks people will be unhappy. With so many hundreds of tons of marijuana being grown and consumed in this state, how many people does he think are happy with the current laws?
The people of this state have already amply demonstrated with their votes that they want new, reformed marijuana laws.
Like the DEA raids on medical marijuana providers and patients, Rep. Hurst isn't going to change anything or make marijuana go away, all they are doing is inflicting pain, and violence on lots of people.
When will Rep. Hurst respect what the people of this state have already voted for?
Does he actually believe any of the crap that comes out of his mouth? Give it a hearing, this is still a democracy right? Let the people come testify and tell you what we are really worried about.
I think some Democrats are worried that this could hurt their re-election campaigns. Well, they are right. Don't vote for Chris Hurst in the 31st. Anyone who isn't a co-sponsor on this bill deserves the boot.
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