P. Aiden Hunt

The Battle of Fife: Legal weed in Washington comes under fire

Mike Henery wanted to open a retail marijuana store. The Gig Harbor, WA resident thought that everything was going smoothly. He created a company– MMH, LLC– in December, 2013. Henery got the good news on May 1 that he would receive one of 17 licenses for retail marijuana outlets in Pierce County. The ganjapreneur then leased a location in Fife, WA to house his retail store. Only one thing stood in his way: the city of Fife.

When Henery went for a business license on July 7, the city’s Court Clerk refused his application. A week later, with no other relief available, Henery filed a complaint with the Pierce County Superior Court.

This isn’t a David and Goliath story. While MMH, LLC can be seen as the little guy, Fife isn’t much of a giant. The city has a population of only 9,333, making up 1.1% of Pierce County. In sharp contrast to Fife’s low profile are the cast of characters who would soon descend upon the legal drama.

Jennifer Combs of VSI Law Group filed Fife’s reply to MMH’s complaint on August 4.

Combs explained that the Fife City Council, by a 5-2 vote, passed Ordinance 1872 on July 8. This local law put a one-year moratorium on retail marijuana operations within the city limits, an area of about five and a half square miles.

Fife’s main argument was that its ordinance remains consistent with Washington’s state constitution. The city further argued that, if local bans were not permitted, the state’s marijuana law couldn’t be enforced since it is trumped by federal law. The second argument gave the case a higher profile.

Washington State Attorney General, Bob Ferguson, filed a motion on July 31 to intervene. He said in a press release that he was not arguing for either party. Instead, his argument would be to protect I-502, the ballot initiative that legalized marijuana for adult use in the state.

“This case presents a significant threat to the implementation of Initiative 502,” Ferguson said the day after he filed his brief with the court. “My office will continue to vigorously defend I-502 and uphold the will of the voters.”

Ferguson’s argument split on the issues. Included in his brief was a recounting of the AG’s assertion, previously stated in a January memo from his office, that localities do have the right to set zoning and other local rules.

“That authority comes directly from article XI, section 11 of the Washington Constitution, which provides that ‘[a]ny county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.’” Ferguson wrote.

On the question of federal preemption, the AG expressed his disagreement with Fife’s claim. Ferguson made his opinion clear that if the Court ruled against the ban in Fife, I-502 still holds up to judicial review. He argued that the federal Controlled Substances Act, or CSA, does not prohibit state marijuana laws.

The American Civil Liberties Union of Washington took up the case against the local bans a week after Ferguson intervened. The ACLU-WA received permission to file a brief on behalf of three state-licensed marijuana businesses. The interested parties, Downtown Cannabis Company in Pacific, Monkey Grass Farms in Chelan County and Rainier on Pine in Tacoma stated their intent to challenge similar marijuana business prohibitions.

Alison Holcomb, Criminal Justice Director for ACLU of WA, filed the brief. In it, she asserts that the assumption that localities may prohibit marijuana businesses “would completely block the implementation of the comprehensive regulatory scheme enacted by Initiative 502.”
Holcomb joined Ferguson in defense of the state law against “federal preemption.”

Fife argued that it can’t be forced to follow I-502 because federal drug laws prevent the state initiative. Holcomb retorted that, on the contrary, Congress specifically “saved state drug laws from preemption” by federal law in the Controlled Substances Act.

The day after the ACLU and the Attorney General filed their briefs, lawyers representing Pierce and Lewis counties, the city of Yakima and the town of Wilbur did the same. The other jurisdictions stated that they had a compelling interest in the case and argued in favor of Fife’s motion for summary judgment allowing the prohibition to stand.

“I-502 contains no express or implied intent to preempt the City’s plenary constitutional authority to regulate.” Lawyers said about the question of state preemption. “If this Court finds that state law preempts the city ordinance, it must move to federal law analysis,” which they say will invalidate I-502.

After all the briefs were filed, Judge Ronald Culpepper scheduled oral arguments for August 29 at 9am. The day before the hearing, Marijuana.com got some insight on the issue of federal preemption from Jim Doherty, a former drug prosecutor who now works with groups like Law Enforcement Against Prohibition.

“I’ve sat through a number of presentations about the federal preemption issue,” Doherty said in a phone interview. He shared his opinion that the federal government isn’t pressing the issue because it would be a close case.

Doherty said Fife could be an important test case about federal preemption, depending on “how it’s handled by the appellate court.” If Judge Culpepper brought the issue forward, it could create a legal mess for both state and federal governments.

The Department of Justice’s “Cole memo” allowing states to carry out their marijuana laws as long as they follow certain federal priorities has been crucial for the growth of cannabis. A court ruling to the contrary would render the memo useless as protection.

Unfortunately, Henery won’t be setting up his shop in Fife any time soon and neither will anyone else. After hearing oral arguments on August 29, Judge Culpepper denied MMH’s motion for summary judgement the same day and upheld the right of localities to disallow marijuana operations. While Culpepper stated that he would not directly address the federal preemption issue, he did mention his feelings on how he would have ruled.

“I think I am inclined to agree with the interveners that there is no federal preemption here. The statute itself grants the State quite a bit of authority. The Feds do not preempt the State’s authority to legislate in this area.” Judge Culpepper said. 2014-08-29 – Ruling on Motions for Summary Judgment

While the judge stated unequivocally that the purpose of his ruling was not to judge whether I-502 is good or bad, he did express his personal feelings about the law to some extent.

“It may be great legislation, maybe not so great, but it does set up what appears to me to be a fairly well thought-out, comprehensive system of licensing and regulation of marijuana production, processing, and retailing.”

Culpepper summed up the crux of the case, in his opinion, as being an issue of state goals in I-502 conflicting with municipal laws backed by the state’s constitution.

“The plaintiffs have apparently valid licenses issued by the Liquor Control Board, which is authorized to set up the regulatory scheme to suppress the black market, to raise taxes, all the good things Initiative 502 hopes to do, but Fife does not allow them to do their business within the borders of Fife.”

The judge concluded that the local rules do not “irreconcilably conflict with I-502.” With the burden of proof on the parties opposing Fife’s ban, this was enough to settle the issue without moving on to the federal preemption issue.

Marijuana.com caught up with Holcomb to get her opinion on what the ruling means for the future. She provided us with the following statement in an email:

“The ACLU of Washington disagrees with Judge Culpepper’s ruling on local bans, and the decision is likely to be appealed, but ultimately this issue should be put to rest by the legislature. Patchwork implementation will undercut the goal of undermining the black market and frustrate the will of the voters who passed Initiative 502. If the legislature nevertheless decides to allow cities or counties to ban licensed and regulated marijuana businesses, such bans should only be enacted by a vote of the local residents, the same way the Washington State Liquor Act allows for ‘dry counties.’”

With many localities in both Washington and Colorado prohibiting marijuana operations by zoning them out, these issues will continue to be considered and addressed on many levels. As for what marijuana businesses should do while the courts and legislature sort it out, Judge Culpepper had a suggestion.

“I think if I were going to set up a shop, I would do it right across the border.” Culpepper said.

Fife represents another battleground in the continuing War on Marijuana–in a state where weed is legal.

This article was originally published by Marijuana.com.

Tommy Chong on dancing, aging and (of course) marijuana

“I’m Chong, man.”

That’s how Tommy Chong introduced himself to his new dancing partner and reintroduced himself to the world last Monday. A pre-recorded segment shown before Chong made his debut on Dancing With the Stars had him stumbling out of the back of a smoke-filled hippie van.

The green theme in his clothes — and everything else on stage — during his performance wasn’t subtle, but neither is Chong. He makes no secret about his goal of furthering the medical marijuana cause during his time on the show. Maybe it’s just for the easy puns, but ABC doesn’t have a problem with it.

“Absolutely the opposite.” Chong says when asked about backlash from representing marijuana on a “family” show. He explains that people have trouble demonizing the plant now that they are seeing how much it can help sick people. He claims his advocacy lets people understand him better.

“That pretty much shows everybody that I’m an actor playing a stoner, not a stoner playing an actor.”

Doctors diagnosed Chong with prostate cancer in 2012. A year later, after foregoing traditional chemotherapy in favor of high-dosage cannabis oil treatments, the comedian declared victory over the Big C. Along with a renewed faith in the healing powers of cannabis, Chong credits his cancer scare with being in better than average shape.

“I had to change my diet, then I had to get serious about working out. All that led to me being in shape enough so that I can dance with these young people.”

Despite being the oldest cast member at 76, Chong says he feels good. He compared being old on a dance show to having a big handicap in a golf tournament. Rehearsals, on the other hand, are no walk in the park.

“They go for 4 hours, 5 hours sometimes. It’s very intense.” says Chong. “Like a boot camp for dancers. We’re going into battle, so we have to be prepared.”

The wise gateway

Media and television continue to rely on stereotypes of lazy pot smokers as nothing more than comic relief. While Chong joins in on the marijuana gags and puns, a chat with him reveals that there is more to him than this. He says once people know that he is supporting medical marijuana openly on the show, that’s the first question they ask.

In this spirit, the NORML Advisory Board Member shared with Marijuana.com his new take on the “gateway drug” theory.

“Well, it is a gateway drug, but if you use the gate wisely it can open the door from a lot of addictions like cigarettes or alcohol, but especially cigarettes.” Chong says.

He went on to explain that when his was 20 years old, he smoked cigarettes. He decided to quit cigarettes, so every time he wanted a cigarette, he’d smoke a joint instead.

“It’s a gateway to good things.” Chong says after also telling about alcoholics who have given up their harmful addiction with the help of marijuana.

As for the specific benefits of marijuana, Chong feels overwhelmed by the sheer amount of information available. He says that when asked to justify his position, he often tells people to search “marijuana” on Google.

“You know, just Google it and find out the truth for yourself,” Chong says. “I can only talk on my experiences.”

DWTS- Week 2

Chong will be displaying his moves again Monday night doing a fast salsa with partner Peta. He promises more septuagenarian sex appeal for judge Julianne Hough who expressed pleasure at his smooth moves the first time around.

“Fast and sexy.” Chong says of tonight’s dance. “That’s the best way to describe it.”

When asked who he would most like to get high with among the judges, it was choreographer Bruno Tonioli who got the honors.

“Bruno’s the kind of guy who would try something and then ask you what it was.”

As for cast members, Tommy showed his fondness for his partner Peta Murgatroyd, saying that she’s the only cast member he wants to get high with.

Even though Chong came in 7th place last week with the judge’s scoring, pulling in a 27 out of 40, he says he not worried about his chances going forward.

“I’m not nervous because I know I have a lot of fan support and it’s my own personal belief that fan support is stronger than anything else.” Chong says confidently. “If you have the fan support, you can stay on the show for a long time and even win it.”

With multiple generations having fallen in love with Chong’s comedy and personality over the decades, he has plenty to be confident about. Whether those same fans will tune in to vote is another story, but if the audience and judge reaction to his first dance is any indicator, Chong’s quirky “sexy grandpa” is picking up new fans already.

This article was originally published by Marijuana.com.

Philly activist first cited under new decriminalization law

Mike Whiter wore his camouflage Phillies cap and a white and green NORML hoodie as he stood outside of Philadelphia’s City Hall Monday morning and lit a joint. After taking a couple of puffs, a police officer ordered him to drop it and began writing Whiter a $100 citation. Only a day earlier, the same act would have led to an arrest and criminal record.

“This is what I wanted.” Whiter told Scrapple TV, who was on the scene. “I don’t know why this is what I wanted, but it is.”

Philadelphia’s new marijuana decriminalization law took effect Monday and marijuana activists are celebrating. The state of Pennsylvania punishes possession of less than 30 grams of marijuana with a misdemeanor criminal charge, possible jail time and a fine. Philadelphia Mayor Michael Nutter signed a measure earlier this month to change that in Philadelphia.Under the new city law, possession of small amounts of marijuana only carries a $25 fine or $100 for public use or display.

Philly NORML coordinated the first citation with Philadelphia police to avoid any trouble. The local branch of the National Organization for the Reform of Marijuana Laws developed a working relationship with city police after a protest last May turned ugly. Local comedian and activist, N. A. Poe narrates the video and expresses his happiness about things staying peaceful.

“Mike is a veteran. He’s getting his ticket for marijuana and then we’re all gonna go on our way.” Poe says in the video.

Whiter is a long-time marijuana activist and retired Marine. It was in the service that he developed the Post-Traumatic Stress Disorder that marijuana treats so well.

“We’ve been fighting for this for so long and marijuana is finally decriminalized in Philadelphia,” Whiter told the camera after receiving his citation. “I can take the medicine that helps me and only get a $100 ticket now.”

This article was originally published by Marijuana.com.

Pennsylvania medical marijuana bill sponsored by half of Senate

State Sens. Mike Folmer (R) and Daylin Leach (D) took the lead for a second year in Pennsylvania’s medical marijuana debate. This year, however, they enjoy the company of 23 senators in sponsoring a bill.

Folmer and Leach held a press conference Tuesday announcing the Medical Cannabis Act (S.B. 3). The state Senate passed a medical marijuana bill last year, but it expired without a hearing in the House. The new bill creates a regulated medical marijuana system in Pennsylvania using the same language approved by a 43-7 floor vote last September.

With a new, receptive governor in office and support in the House, Pennsylvania appears ready for marijuana policy reform.

“There was a whole different feel being at the Capitol,” said Dana Ulrich by phone Wednesday. “It was heartwarming to see other senators standing up there.”

[Photo courtesy: Campaign for Compassion]

Ulrich (pictured left with daughter, Lorelei) co-founded Campaign for Compassion, a Pennsylvania grassroots organization of parents who want to treat their children with medical cannabis. She gained support through her website — Legalize for Lorelei — where she advocates for her 7-year-old daughter who suffers from severe seizures.

Folmer joined the call for medical marijuana laws last year after meeting with Ulrich and others like her.

Executive support

Gov. Tom Wolf held a reception in his office after the press conference with the families in attendance. Ulrich didn’t expect the invitation.

“We didn’t even have to ask,” she says, “he invited us to come up and see him.”

Wolf vowed to support the issue during his campaign to replace former governor Tom Corbett and now he’s following up on his promise. Corbett opposed medical marijuana and, according to Ulrich, avoided meeting with advocates. Supporters welcome the change.

“[Gov. Wolf] was enthusiastic about our cause,” Leach said in a statement, “and told us to send him a medical cannabis bill as fast as possible.”

While support for Pennsylvania medical marijuana is high, advocates worry about restrictions in the bill. Among the concerns are a ban on smoking or vaporizing cannabis and a reduction in qualifying conditions.

“The bill that initially went to Senate Appropriations had 45 qualifying conditions,” says Patrick Nightingale, executive director of Pittsburgh NORML. The version that passed the Senate lists nine conditions after the rest were removed from last year’s bill in committee.

Pennsylvania marijuana activists, including Philly NORML, the state chapter of the National Organization for the Reform of Marijuana Laws, criticize the bill as not doing enough. Some even blame the parents for the bill’s limitations, an assertion that Ulrich says is misplaced.

Ulrich says she and other parents have always supported a “fully comprehensive medical cannabis bill in Pennsylvania.” She was likewise disappointed with the watered-down bill.

Folmer assured Nightingale and Ulrich that their concerns would be addressed in committee through the amendment process. The bill has been referred to the State Government Committee that Folmer chairs. Other sponsors, including Leach, sit on the committee as well.

Pennsylvania medical marijuana bill sponsored by half of Senate

With a new, receptive governor in office and support in the House, Pennsylvania appears ready for marijuana policy reform.

“There was a whole different feel being at the Capitol,” said Dana Ulrich by phone Wednesday. “It was heartwarming to see other senators standing up there.”

Folmer joined the call for medical marijuana laws last year after meeting with Ulrich and others like her.

Executive support

Gov. Tom Wolf held a reception in his office after the press conference with the families in attendance. Ulrich didn’t expect the invitation.

“We didn’t even have to ask,” she says, “he invited us to come up and see him.”

“[Gov. Wolf] was enthusiastic about our cause,” Leach said in a statement, “and told us to send him a medical cannabis bill as fast as possible.”

Ulrich says she and other parents have always supported a “fully comprehensive medical cannabis bill in Pennsylvania.” She was likewise disappointed with the watered-down bill.

Poll: Virginians ready for marijuana reform

State Sen. Adam Ebbin wants to change Virginia’s strict marijuana laws. He prefiled a bill in October to reduce penalties for simple marijuana possession to a civil violation and fine rather than a drug crime with the related penalties and stigmas.

A new poll suggests that a majority of Virginians stand behind Ebbin in his goal.

Public Policy Poll, Jan. 2-4, 2015, Virginia Marijuana Reform Attitudes — Source: Public Policy Polling, Jan 2-4, 2015

Public Policy Polling (PPP) released results on Tuesday from a January survey asking how Virginians feel about marijuana reform issues. Strong majorities indicated support for medical marijuana for the seriously ill and removing criminal penalties related to marijuana for personal use. Full marijuana legalization received less than majority support, but more than those in opposition with 49%.

“Virginians are fed up with failed marijuana prohibition policies,” said Rachelle Yeung, a legislative analyst for the Marijuana Policy Project, said in a press release. The national marijuana advocacy group commissioned PPP to conduct the poll.

Yeung said voters don’t support imposing criminal penalties on sick people and she believes the policy of strict prohibition has caused more harm than good. While no comprehensive medical marijuana bills have been filed, decriminalization would benefit medical users as well.

NORML Communications Director Erik Altieri posted a response to the poll on the group’s national blog. He took the opportunity to trumpet the results and encourage Virginia voters to contact their representatives.

“It is time that our state officials pursued a policy on marijuana that was ‘Smart on crime and smart for Virginia.'” Altieri wrote. He also used the opportunity to point out billboard and lobbying efforts in support of decriminalization bill.

Ebbins’ bill, S.B. 686, will be formally offered when the Virginia Senate convenes next Wednesday. It will be referred to the Committee for Courts of Justice for further consideration.

Related: Proposed Bill Would Decriminalize Marijuana in Virginia

[The PPP survey was conducted Jan. 2-4, 2015 with a sampling of 884 registered Virginia voters. The margin of error was 3.3% and the full report can be found here: Virginia Survey Results.]

Maine lawmakers will consider legalizing marijuana

Marijuana legalization is getting plenty of attention in Maine. Two groups have announced planned petition drives to put their version of legalization on the 2016 ballot. Now a state lawmaker is getting involved.

Maine State Rep. Diane Russell confirmed by phone Monday that she will file a bill to legalize marijuana and tax it like alcohol in the coming 2015 session. Lawmakers and stakeholders are working out the language of the final draft, but Russell says it will resemble Colorado’s version of legalization more than Washington’s.

Russell (pictured right) says the bill will include caregivers and home cultivation, both major concerns in Maine’s marijuana debate. She says its taxation model will be similar to that of Colorado.

“I think there is a chance something could go through,” said David Boyer by email. Boyer serves as Maine Political Director for Marijuana Policy Project, one of the groups working on a 2016 ballot initiative. He also helped with the current draft of the bill.

Boyer says that a referendum would need to be attached to the bill for it to pass and added that the MPP is will determine after the seeing the final draft whether to support it.

Russell declined to provide a copy of the current draft bill.

Pro-cannabis groups offering different paths to legalization in Maine

Maine began marijuana policy reform nearly four decades ago when it decriminalized simple possession. It continued 15 years ago, becoming the first medical marijuana state in New England. Advocates believe voters will legalize retail marijuana and are working on 2016 ballot initiatives, but they disagree on how to do it.

Paul McCarrier registered a political action committee on Nov. 18 to legalize marijuana in 2016. The following day, he announced his plans as president of Legalize Maine. His liberal, anti-corporate goals sometimes sharply contrastMarijuana Policy Project plans to tax and regulate marijuana like alcohol. MPP, which is headquartered in Washington, D.C., had success passing that model in two of Maine’s largest cities, but McCarrier thinks it’s the wrong approach.

“Marijuana is a unique subject matter,” McCarrier said during a recent phone interview. He thinks generations of prohibition and a strong underground market make it unlike alcohol, so it should not be regulated the same.

Before either camp has a chance, however, they need to get their draft on the ballot.

Maine requires a petition with around 61,000 valid signatures for 2016 initiatives. While volunteers collect some of these, professional campaigns often hire specialized businesses to help. The inevitability of invalidated signatures means groups need to collect much more than the minimum number.

“We’re probably going to need anywhere between ninety and a hundred thousand signatures this coming year,” MPP’s Maine Political Director, David Boyer, said by phone.

Campaign costs add up quick. Boyer says MPP expects to spend a minimum of $100,000 on legalization and Legalize Maine’s budget is $300,000. Both declined to provide funding numbers, but campaign finance reports indicate they are starting from scratch. Recent confirmation of support by voters, however, has created headlines nationally and made Maine a prime target.

Voters in Maine’s largest city, Portland, approved a 2013 initiative legalizing marijuana with over 67 percent support. Similar initiatives made ballots in Lewiston and South Portland for 2014. In November, South Portland voters approved while Lewiston denied legalization. Despite the narrow loss in Lewiston, the overall numbers look good.

Between the three initiatives, 40,854 voters made their decision about legalized marijuana. Fifty-six percent officially approved, providing a statistic far more accurate than an opinion poll. Getting signatures just from those who already voted in favor would provide over a third of those needed.

The campaigns are still writing the official text for their initiatives, but they did share some information.

Legalize Maine’s plan would allow possession of up to two and a half ounces and the ability to grow up to six mature and 12 immature plants. The measure would create legal framework for marijuana social clubs and would tax the plant at 8 percent.

Boyer conceded MPP’s initiative will likely resemble Amendment 64 in Colorado. He says that their plan will not affect the state’s medical marijuana system and will give current providers priority in the retail industry.

“They have the experience,” Boyer said, “they’ll need to meet the demand at time of launch.”

Washington State reported major shortages when it began retail marijuana sales in July. Advocates point to the state not taking advantage of its existing medical marijuana industry, something Amendment 64 covered. Boyer says MPP’s successes in Colorado and Alaska are an asset.

“We have the experience and expertise to craft a good initiative and make sure it passes.”

Legalize Maine received some unlikely support against national interests from Scott Gagnon of SAM Maine, a group that opposes legalization.

Gagnon responded to McCarrier’s plans in a statement saying that while he is concerned about legalization’s impact on youth, public health and the economy, he agrees it’s not in Maine’s best interest to “turn over its drug policy to a D.C.-based special interest group.”

This article was originally published by Marijuana.com.

Texas lawmaker proposes marijuana decriminalization

State Rep. Joe Moody announced at a news conference Monday that he’ll introduce a bill to decriminalize simple marijuana possession in Texas.

“Our current marijuana policy in Texas just isn’t working,” Moody said. He believes his bill is a step in the right direction.

Under House Bill 507, possessing an ounce or less of marijuana is not only a civil — rather than criminal — violation, but police are forbidden from making arrests for simple possession. The court will also have the option of ordering community service.

Current law punishes possession of up to two ounces of marijuana with six months in jail and a $2,000 fine.

Moody had supporters on hand including the Marijuana Policy Project, ACLU of Texas, a retired judge and even conservatives, according to a statement from Texans for Responsible Marijuana Policy.

Ann Lee, executive director of Republicans Against Marijuana Prohibition, is quoted as saying that marijuana legalization involves core Republican principles like limited government, individual responsibility and personal freedom.

The next action taken on the bill will be after the new year.

Push for 2016 Arizona legalization could get boost from legislative study

Arizona state Rep. Ethan Orr wants to legalize marijuana. He wants it so badly he plans to continue the fight when he leaves public office in January.

After Orr lost his seat in a three-way election race tighter than a well-packed bowl, the Republican’s new plan is to team with advocates on a push for legalization in Arizona.

A report from the legislature on the likely prosperity from legalization will help.

Arizona lawmakers introduced a bill in April to tax and regulate marijuana like alcohol. Thirteen state representatives sponsored HB 2558, but it didn’t go far. After reading it into the record, leadership referred it to the House Rules Committee, where it languished.

The bill’s status on Legiscan, a legislation tracking website, lists the measure as “died in committee.” Before that happened, however, lawmakers ordered a study of retail marijuana revenue projections.

Jeremy Gunderson, a fiscal analyst for the Joint Legislative Budget Committee, estimates in the report obtained by The Cannabist that legalization would bring $48.3 million to state coffers in 2016. He based the number on the proposed bill’s revenue terms. Orr said he thinks that number is light.

“If you draft it in an intelligent manner,” Orr said by phone, “I think you’re going to generate $200 to $250 million in revenue.”

Gunderson used available data to estimate that the state would have about 543,000 marijuana users in 2016. He arrived at the revenue projection using Washington State Liquor Control Board reports on daily marijuana use estimates.

The WSLCB said that marijuana users consume between 0.3 and 1.6 grams of marijuana a day. After factoring in out-of-state visitors, Gunderson estimated Arizona would need more than 90 tons of marijuana annually to meet demand.

Orr would prefer legalization to go through the legislature so lawmakers can adjust regulations as needed. The state’s Voter Protection Act makes changes impossible on voter-approved legislation, and he points to lingering confusion in the medical marijuana industry over the initiative.

However, when asked if there’s any chance of the legislature passing a legalization bill, he responded with a flat, “No.”

“I have enough (votes) to pass it,” Orr said. “but I don’t have anyone who’s courageous enough to sponsor it.”

In 2010, voters passed Proposition 203 allowing medical marijuana, without legislative support. Orr is worried that history will repeat itself.

The Marijuana Policy Project (MPP), a national advocacy and lobbying group, drafted the 2010 initiative and funded the campaign to get it passed. The same group formed an Arizona ballot committee in September to begin fundraising for legalization in 2016, and Orr takes the pragmatic view that the initiative would pass.

Orr has been talking to dispensary owners and other interested parties about whether to get involved with the initiative and now that he is out of hist state job come January, he said he’s likely to head that direction.

MPP legislative analyst Chris Lindsey said in an email that Arizona is flushing marijuana revenue “down the toilet into the underground market,” by not legalizing.

“Marijuana should be produced and sold by legitimate, taxpaying businesses,” Lindsey said. “not cartels.”

Orr hasn’t worked with MPP, but Lindsey said that the departing state representative would be welcome. He pointed out that they want input from community leaders, especially ones with lawmaking experience.

This article was originally published by Marijuana.com.