Alison Holcomb RE: I-502’s Intent and Home Grow from 9/5/17

[Editor’s note: Washington NORML asked I-502 architect Alison Holcomb to weigh in on the intent of I-502, and its relationship with the prospect of adult home grow in this State. These comments were shared with me, and I asked her permission to publish here, which I do now, with gratitude -DC]

by Alison Holcomb

Personal cultivation by adults absolutely is in the spirit of the new approach envisioned by the drafters and sponsors of I-502. The primary motivation for putting I-502 on the ballot was to end the criminalization of cannabis use, growing, and provision, and begin moving us in a new, public health-focused direction. Prohibiting adults from cultivating their own cannabis for personal use is inconsistent with that overarching goal.

When we began drafting I-502 in December 2010, California’s Proposition 19 had just failed at the ballot, and we were particularly sensitive to voter attitudes on policy details. Our polling indicated that Washington voters were significantly uncomfortable with home growing at that time. When asked whether “Allowing adults to grow marijuana at home and share small amounts with other adults” made them more or less comfortable with legalization, the data suggested including this provision could dangerously undermine chances of passage:

Much more Comf: 8

Smwht More Comf: 12

Smwt Less Comf: 13

Much Less Comf: 27

No Diff: 39

DK/Ref: 2

Total more: 20

Total Less: 40

More-Less: -20

As a starting point, legalizing marijuana for adults didn’t have overwhelming support in 2010: “Regardless of how you feel about different specific measures, do you think marijuana should be legalized for adults?”

Yes, strongly: 32

Yes, not strongly: 17

No, not strongly: 9

No, strongly: 39

DK/Ref: 4

Total Yes: 49

Total No: 48

We decided it was important to draft I-502 carefully and conservatively to address not only health and safety risks posed by an untested policy change but also the political risks inherent in asking voters to pass a state law in tension with federal law, and one that had never been adopted by any other jurisdiction in the world.

Since I-502’s passage and implementation, Washington voters’ support for legalization has grown. With every other legal state including home growing for personal use, the political risk of making this adjustment for Washington residents is minimal to nonexistent, and the policy upsides are significant. In addition to the benefits for patients who use cannabis for medical purposes (see e.g., my arguments here and here), allowing adults to grow their own personal supply of cannabis would serve as a check on industry control of cannabis quality and price. Most importantly, treating adults as criminals for growing cannabis for personal use in the privacy of their own homes is fundamentally inconsistent with the principles of liberty on which this country was founded.