WA House Committee Holds Public Hearing on Legislation to Legalize Personal Marijuana Cultivation

A legislative proposal that would allow those 21 and older in Washington State to grow marijuana for personal use received a public hearing today in a House committee, and all but one person spoke in favor.

House Bill 2194, filed by Representative Shelley Kloba with 12 cosponsors, would legalize the personal cultivation of up to six marijuana plants for everyone 21 and older. The proposal specifics that no more than 15 plants “may be produced at any one time on the premises of a single housing unit, regardless of the number of residents living on the premises of the housing unit.”

Under current law growing even a single marijuana plant can result in a Class C Felony, punishable by up to five years in prison and a fine of up to $10,000. Despite Washington being one of the two states to first legalize marijuana in 2012, they remain one of the only states among the 24 with legal marijuana to not allow personal cultivation.
During today’s public hearing all but one speaker spoke in favor of the bill.

One proponent of the measure pointed out that hundreds of people each year are charged with felonies for growing less than six marijuana plants, which is not in the spirit of what voters wanted when they legalized marijuana.

A spokesperson for the Cannabis Alliance pointed out new data from the ACLU showing that minorities are seven time more likely to be arrested and eight times more likely to be prosecuted for a marijuana cultivation felony than those who are white.

A spokesperson for the Washington State chapter of the National Organization for the Reformation of Marijuana Laws (NORML) also spoke in favor of the measure, noting that when the state first passed their marijuana law home grow was not included because it was seen as controversial at the time, but now the state is “an outlier” by not allowing it.

One speaker, Keegan Skeeter, said that “Letting people grow their own marijuana is a matter of public health”, noting an increase in pesticides used by companies selling marijuana through licensed marijuana stores.

Pete Holmes, former Seattle Attorney General, said “I want to emphasize that when you’re the first in the country to confront prohibition there’s a lot of unknown. As one of the original sponsors of I-502 I can tell you we struggled with home grows.” Holmes says home grow was left out of I-502 (the initiative that legalized marijuana) “to better understand the viability of a new legal but heavily regulated and tax industry.”

Holmes says that “It’s since become clear that consumers deserve their right to grown their own for personal use”. Holmes points out that when voters approved marijuana legalization, it was sold as being legalized similar to alcohol, and under Washington law it’s legal to make your own beer and wine.

Vivian McPeak, one of the founders of Seattle’s Hempfest, also spoke in favor, saying that the plethora of other states with legal home grow “Disprove the concerns of those who oppose cannabis home grow”.

The lone speaker in opposition to the bill was Scott Waller, a spokesperson for the Washington Association for Substance Abuse and Violence Prevention.

Washington State legalized recreational marijuana during the November, 2012 election. The law allows those 21+ to possess up to an ounce of marijuana and seven grams of marijuana concentrates, which they can purchase from a licensed marijuana retail outlet. The legal marijuana industry including licensing and regulatory enforcement is overseen by the Washington Liquor and Cannabis Control Board.

The Regulated Substances & Gaming Committee also held hearings today on legislation requiring cities to get voter approval before they can ban marijuana businesses, and legislation that would ban marijuana concentrates with over 35% THC.

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