Seattle City Council committee adopts resolution supporting medicine return program

As part of a multi-pronged strategy for preventing prescription drug abuse, the Prevention WINS coalition, in collaboration with other drug prevention and environmental organizations, advocated for the King County Board of Health to adopt a secure medicine return program in 2013. The policy was adopted and this spring the medicine return program is expected to be implemented in pharmacies county-wide with pharmaceutical companies paying for it.

Yesterday, the Seattle City Council's public safety committee adopted a resolution supporting the medicine return program and encouraging pharmacies and police precincts to participate.

A RESOLUTION expressing the City’s support for an effective, countywide safe prescription drug disposal program, including controlled substances, and requesting local pharmacies and the Seattle Police Department to install drug disposal drop-boxes across the City.

 WHEREAS, in June 2015, the University of Washington (UW) Alcohol and Drug Abuse Institute reported that drug-caused deaths involving heroin and/or methamphetamine peaked in King County in 2014, including a 58 percent increase in heroin deaths; and

WHEREAS, a 2013 study by the federal Substance Abuse and Mental Health Services Administration indicated that four out of five recent heroin users previously used opioid pain relievers such as oxycodone; and

WHEREAS, research suggests that these individuals switched to heroin because it is less expensive in the illegal marketplace than opioid pain relievers; and

WHEREAS, one component of a comprehensive public health approach to addressing drug abuse is the safe disposal of unused prescription drugs, including controlled substances; and

WHEREAS, safe disposal of unused prescription drugs, especially opioid pain relievers, reduces the risk of nonmedical use that might lead to drug abuse, including heroin addiction; and

WHEREAS, adolescents and young adults who experiment with nonmedical use of opioid pain relievers are most likely to obtain them from friends and family members who had received a prescription; and

WHEREAS, improper disposal of prescription drugs, including controlled substances, contributes to environmental degradation, as documented in a recent study that found traces of numerous prescription drugs in Puget Sound waters, as described in a 2016 article in the journal Environmental Pollution; and

WHEREAS, President Obama recently announced a number of new actions to address opioid abuse and proposed spending $1.1 billion in his FY 2017 budget for this purpose; and

WHEREAS, many pharmacies in the Seattle area have offered drug disposal drop-boxes for unused vitamins, over-the-counter medicines, and some prescription drugs; and

WHEREAS, per an October 2014 U.S. Drug Enforcement Agency rule, police departments and pharmacies may now provide safe disposal boxes for controlled substances like OxyContin, Vicodin, Valium, and Ritalin; and

WHEREAS, a growing number of police departments in King County are offering safe disposal of controlled substances, including Auburn, Bothell, Burien, Issaquah, Kenmore, Lake Forest Park, Maple Valley, Sammamish, Snoqualmie, and Woodinville; and

WHEREAS, King County has launched a new effort to enhance safe prescription drug disposal efforts and a stewardship organization retained by King County will be providing funding for installation of drop-boxes, staff training, and collection of the drugs; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City Council and the Mayor ask that local pharmacies partner with King County to provide safe drug disposal drop-boxes at locations across the City.

Section 2. The City Council and the Mayor likewise request the Seattle Police Department to install prescription drug disposal drop-boxes at each of its five precincts.

Section 3. The City Council and the Mayor ask that other appropriate City agencies like the Department of Neighborhoods, the Office of Immigrant and Refugee Affairs, and the Office for Civil Rights offer assistance to King County to help ensure that the County’s drop-box disposal program is designed to be culturally appropriate and accessible for marginalized populations, including limited English speakers.

Seattle City Council hopes state will license medical marijuana businesses

When the Seattle City Council last year adopted a marijuana business zoning ordinance, it included a stipulation that all medical marijuana businesses be licensed by the state by January 2015.  The stipulation was included because the Council thought that the state legislature would establish a medical marijuana licensing system during their 2014 session.  The legislature did not.

Since there is no way that Seattle's 200+ medical marijuana businesses can be in compliance with the City's zoning ordinance, the Council is now considering extending the deadline believing, again, that the state legislature will adopt a medical marijuana licensing system during their next session.  While originally considering extending the deadline to July 1, 2015, during Wednesday's public hearing about the extension Councilmember Nick Licata indicated that they will move the deadline to January 1, 2016.  He recognized that the state would need time to establish rules if the legislature passes a licensing bill.  

Before the public hearing started, Councilmember Tim Burgess asked about the legality of the 67 medical marijuana businesses that opened after the ordinance was adopted.  Licata confirmed that these businesses are illegal.  The Department of Planning and Development enforces the ordinance based on complaints they receive.  To date, about 12 complaints were received, mostly about marijuana growing.

The Finance and Culture Committee will review the proposed changes to the ordinance during their meeting on August 13.  

City Councilmembers talk about marijuana

Right off the bat, City Councilmembers Burgess, Godden, and Licata answer questions about marijuana during this week's City Inside/Out: Council Edition.



Jean Godden says she wants the city to get some marijuana tax revenue to pay for enforcement costs and costs associated with potential downsides of marijuana use.

Nick Licata discusses the two marijuana systems -- medical and recreational.

Tim Burgess thinks that the city is looking for trouble with two marijuana distribution systems in place.  He advocates for one system.

City Council to host public hearing about medical marijuana licensing July 23

Last year, the Seattle City Council adopted a zoning ordinance regarding where marijuana businesses can be located within the city.  The ordinance includes a stipulation that all medical marijuana businesses be licensed by the state by January 2015.  At the time the ordinance was adopted, the state only planned to license recreational (I-502) marijuana businesses.

The City Council is now considering a change to the ordinance to extend until July 1, 2015 the deadline for lots, business establishments, and dwelling units where the production, processing, selling, or delivery of marijuana was being conducted prior to November 16, 2013.

The intent of the January 2015 deadline was to provide time for implementation of medical marijuana legislation, including the licensing of businesses selling medical marijuana, that was to be created by the Washington legislature in 2014.  However, the state did not adopt new medical marijuana regulations in 2014.  The newly proposed city legislation includes a six-month extension of the original deadline to July 1, 2015.  The hope is that the legislature will adopt legislation during their 2015 session that will license businesses that sell medical marijuana.

The Council’s Finance and Culture Committee  will hold a public hearing on the proposed legislation:

July 23, 2014

2:00 p.m.

Seattle City Hall

600 Fourth Avenue

A few facts about the marijuana market:

• Seattle is currently home to more than 200 medical marijuana retail businesses and an unknown amount of businesses that produce or process medical marijuana.  
• The Liquor Control Board allocated 21 recreational (I-502) retail marijuana business licenses for Seattle, similar to the number of liquor outlets in the city prior to privatization (I-1183).  
• About 10% of people over the age of 12 in King County used marijuana within the last month, according to research conducted for the Liquor Control Board last year.  
• About one quarter of the state's marijuana consumers are people under the age of 21 according to research conducted for the Liquor Control Board last year.
• Medical marijuana may be sold to people under the age of 21, recreational marijuana cannot.
• This past spring, a Washington State Court of Appeals ruled that medical marijuana businesses are illegal under state law.  

Marijuana public consumption bills sent to City Council

Bills about pubic consumption of marijuana and public smoking were discussed during yesterday's City Council Housing, Human Services, Health, and Culture Committee meeting.



Discussion about Council Bill 117989 regarding public consumption begins at around 57:00 and Council Bill 117998 regarding public smoking begins at around 74:00.

To strengthen the public consumption bill so that it supports public health goals for helping youth access substance abuse-related services they may need, two items should be changed.

1. The bill should specify how the law will be enforced among minors.  While the first “Whereas” in the bill states that Initiative 502 legalized adult possession, the ordinance does not specifically distinguish between the enforcement of marijuana laws among adults (21 and older) from enforcement among minors (20 and younger).  

For example:

~ The bill states, “A person who violates this section is guilty of a class 3 civil infraction under RCW Chapter 7.80.”  The word “person” should be replaced with “adults 21 years old and older” since the law is different for minors.  Minors are to be referred to the King County Juvenile Diversion program and are not to be charged with a civil infraction.  The diversion program can help at-risk teenagers link with drug education or treatment services that may be needed.  

~ The bill  states that SPD intends to “provide a first warning for persons violating the provisions”.  Since the police play such an important public health role when it comes to linking teenagers to the substance abuse services they may need, warnings should be given to adults who are 21 years old and above but minors under the age of 21 should be referred to the King County Juvenile Diversion Program. 

Any City ordinance dealing with the enforcement of minors in possession of alcohol should be updated to include marijuana.  To reduce community risk factors for underage use and to link at-risk youth with services they may need, these laws should be enforced and the policy of referring youth to the diversion program should be followed.  

2. Define public use:  Council Bill 117989 states, “It is unlawful to open a package containing or consume marijuana, usable marijuana or a marijuana-infused product in view of the general public.”  Though the fiscal note attached to this ordinance says that the intent is to bring marijuana laws in line with alcohol laws, the language is different than alcohol-related language that states that public use of alcohol is illegal.  The ordinance should define what is meant by “in view of the general public” so that it is clear to citizens what will be enforced and what won’t be enforced when it comes to marijuana use outside of personal residences.  

Adult behavior impacts youth behavior.  All children, even teenagers, look to adults to determine how they should act.  One of the reasons tobacco smoking rates are down among youth is because they are not exposed to adults smoking tobacco as much as they were prior to the many smoke-free policies adopted throughout our communities.  The same holds true for alcohol and other drugs – the more teenagers see use as a normal part of adult life, including public life, the more likely they are to use the substances.  

Both bills were referred to the full Council.

City Council expresses concern about potential clustering of marijuana stores

Earlier this week, the Seattle City Council sent a letter to the Liquor Control Board about restrictions included in I-502 that they fear will result in "limited areas of Seattle being available for retail sales."  The letter was sent on the same day that the Council passed an ordinance that even further restricts where marijuana businesses may be located in Seattle.

The letter says that " . . . the proposed rules for marijuana retail licenses states that should the number of eligible applications exceed the allotted amount of retail locations in a city (21 in Seattle), licenses will be granted by lottery."

"Should there be more than 21 eligible retail applications in Seattle, and the licenses are granted by lottery, this could potentially result in clustering of retail sales in a few areas, and other eligible areas having no retail locations."

"Should a lottery result in a lack of geographic dispersion of retail locations within Seattle, this could make fulfilling the goals of I-502 more difficult."

In northeast Seattle, marijuana businesses most likely will be located near Northgate Mall where I-5 and Northgate Way intersect and in different areas along Lake City Way NE.

City Council passes marijuana business zoning ordinance

Yesterday, the Seattle City Council passed a zoning and land use ordinance regarding where marijuana businesses may be located in Seattle.  Marijuana businesses only will be allowed in large commercial and industrial zones.  Historic districts and areas around the stadiums are out of bounds.  The size of marijuana businesses located in areas heavy with port-related businesses will be limited.

In addition to this ordinance, marijuana businesses must abide by restrictions to be put in place by the Liquor Control Board.  Marijuana businesses will not be allowed 1,000 feet from schools, playgrounds, libraries, and other places where minors congregate.

The Seattle ordinance also states that ALL marijuana businesses -- it does not distinguish between recreational and medical marijuana businesses -- must be licensed by the state by January 2015.  Unless the state legislature establishes a licensing program for medical marijuana businesses, this means that Seattle medical marijuana businesses will need to obtain licenses from the Liquor Control Board.  As of right now, the Liquor Control Board plans to license 21 marijuana retailers in Seattle.

County & City make comments about proposed marijuana rules

Last week, comments about proposed marijuana rules were submitted to the Liquor Control Board by King County and the Seattle City Attorney.

King County comments
Among their comments, King County recommended that the Liquor Control Board could strengthen their final rules by addressing:

"1) Preventing youth access and use (Preventing the distribution of marijuana to minors).  The priority can be addressed if the Board:

- Further strengthens packaging/labeling and accompanying materials language (including rotating health warnings) to ensure parents, other adults and youth understand health risks to youth and children, for both usable and infused marijuana products,

. . . - Limits advertising in a manner that is consistent with alcohol advertisement restrictions."  

". . . 3) Minimizing disproportionate siting and neighborhood impacts by avoiding siting of multiple businesses in close proximity to one another, with particular emphasis on equitable distribution of risks and benefits of legalization."

All King County comments may be read by clicking here.

Seattle City Attorney comments
While King County asked that the Liquor Control Board limit marijuana retail density, the Seattle City Attorney expressed concern that there will not be enough marijuana retail stores in Seattle.

". . . The one additional issue we want to highlight is ensuring that the number of licensed dispensers is sufficient to meet demand . . . we ask that the Board carefully monitor supply and demand for recreational marijuana as soon as the licensed dispensers begin sales and consider issuing additional licenses later in 2014 for dispensers in Seattle if the 21 initial licenses are insufficient to meet demand in our city."

Seattle City Council ordinance
Later today, the Seattle City Council will once again take up an ordinance regarding where marijuana businesses may be located in Seattle.  The proposed ordinance would restrict marijuana businesses to large commercial and industrial areas, excluding historical districts.  Combined with Liquor Control Board rules requiring a 1,000 foot buffer between marijuana businesses and schools, playgrounds, and other places where minors congregate, potential places for marijuana businesses to be located are rather limited in Seattle.    Areas dense with marijuana businesses may be unavoidable.

Public hearing
The Liquor Control Board is hosting a public hearing about their proposed rules tomorrow, October 8, 6-9:00 p.m. at Seattle City Hall.

City Council requests regulation of medical marijuana market

On Monday, the Seattle City Council sent a letter to Governor Inslee, Senator Kohl-Welles, and Representative Goodman regarding "cannabis regulation and successful implementation of Initiative 502".  Here are a few excepts:

"Regulations for cannabis for general adult use will soon be in place through the implementation of Initiative 502, but the production and distribution of medical cannabis continues to operate in, at best, a gray market.  Medical cannabis dispensaries have proliferated across Seattle.  While many of their clients live with conditions ameliorated by medical cannabis, the vast majority do not and would be better served through the access made possible by Initiative 502.  If relatively easy access to medical cannabis continues, the goals and potential of Initiative 502 will be undermined."  

"We believe it is in the best interests of Seattle and the state to coordinate and improve regulation of the entire cannabis market, medical and recreational.  This could mean combining the general adult cannabis market and the medical cannabis market into a single, regulated system." 

". . . We also ask that you ensure there are sufficient resources available for local law enforcement to curtail activities outside the regulatory environment."  

Seattle City Council briefed about new marijuana law

Mark Kleiman, whose company (BOTEC) provides the Liquor Control Board with advice about implementing I-502, briefed the Seattle City Council today.

He started by noting that Washington now has three marijuana systems: the I-502 recreational market, the medical marijuana market, and the illicit market.  All three systems play by different rules.  The question he posed is: How much of the marijuana consumed in our state will be obtained through the I-502 system?  Several times during the briefing Dr. Kleiman made it clear that he thinks only one system should exist.

Dr. Kleiman went on to point out that there is no money set aside in I-502 for state and local enforcement of the new marijuana law.  While in the long-run less enforcement of marijuana laws may be needed, in the short-run more enforcement is needed.  If consumers are to buy taxed marijuana, people selling un-taxed marijuana need to be pushed out of business.  The main way they will be pushed out of business is if police enforce the law.

Minors will continue to obtain marijuana under the new law, just like they now get alcohol.  Dr. Kleiman seemed to suggest that minor in possession laws should not be enforced because he says that kids are then thrown in jail.  However, in Washington, youth who are cited for minor in possession are not thrown in jail.  The majority of them enter into diversion agreements which require that they receive a drug assessment.  After the assessment youth are usually either referred to a few hours of drug education or referred to treatment.  In the end, the enforcement of minor in possession laws can provide an important pathway for youth who need help to get that help.

If unable to view the video above, the briefing may be seen through the Seattle Channel's website.

Public consumption of marijuana discussed during City Council committee meeting

Public consumption of marijuana, including smoking, was discussed during last week's City Council Housing, Human Services, Health and Culture Committee meeting. 

During the public comment time, a few citizens testified in favor of the proposed ordinances.  One University District resident complained about neighbors being exposed to marijuana smoke emanating from other people's homes and about the ease of illegally buying marijuana.  With his testimony he submitted marijuana that he had purchased while waiting for the bus to get to the meeting.

A Metro bus driver complained about feeling light-headed after some riders blew marijuana smoke in his face.  This impairment requires that he pull the bus to the curb and call for a replacement. 

A Metro bus rider stated that she suffers from asthma and has had to get off buses when other riders either smoke marijuana on the bus or enter the bus reeking of marijuana smoke.

Two drafted ordinances are being considered.  One would address the part of I-502 that prohibits marijuana use in view of the public and the other would update the ordinance prohibiting public tobacco smoking to include marijuana smoking. 

When asked about enforcing the no public use law, Seattle Police Sergeant Sean Whitcomb said that Police Chief Pugel's number one goal is education.  He added that, if needed, having a ticket is a good enforcement tool. 

When Councilmember Sally Bagshaw asked about marijuana use in bus shelters, the City Attorney said that there is a jurisdictional issue (King County has jurisdiction over buses while the County and SPD share jurisdiction over shelters) and he will continue to work with Sheriff John Urquhart on the issue.

Seattle Councilmembers talk about marijuana

Earlier this week, marijuana policy was one of the topics discussed during the Seattle Channel's City Inside/Out: Council Edition.

When asked about the possible proliferation of marijuana in our City, Councilmember Burgess said that it is a priority to "protect young people" as a new marijuana marketplace is established.  He pointed out that the City Council is focusing on marijuana land use issues.  He also stated that there should not be three systems in place -- recreational, medical, and illicit.  It is expected that that the State legislature will reconcile the recreational and medical systems during the next session.

When Councilmember Bagshaw was asked about City Attorney Holmes' letter to the Liquor Control Board that communicated the intention of making Seattle a magnet for marijuana tourism, she did not address the issue.

When asked about the possibility of "green light districts" in the City, where marijuana shops might be concentrated, Councilmember Godden said that they want to make sure that marijuana farming does not interfere with the Port of Seattle.  She said marijuana shops should not be established near places frequented by children, such as schools and playgrounds.

The questions about marijuana start at around 17:40.

City Council briefed on marijuana legislation

State marijuana legislation was on today's Seattle City Council Briefing agenda and a presentation was shared by the inter-departmental team working on marijuana issues.

Councilmember Rasmussen asked questions about public health affects of marijuana and if anyone is going to study health-related concerns.  City Attorney Pete Holmes stated that some revenue from marijuana sales will go to fund research on the short and long term affects of marijuana.

Mr. Holmes noted that he thinks that the recreational marijuana system will be able to supply medical marijuana needs.

Concerns about enforcement were expressed by a few councilmembers and City staff.  Councilmember Bagshaw expressed concerns about public consumption of marijuana on city streets and in parks.  Mr. Holmes expressed concern that the City does not have adequate funds to enforce all provisions of the law and hopes that some of the revenue from marijuana sales will be allocated to municipalities to cover the costs.  He also noted that Seattle Police Chief Pugel has his support to hand out tickets to people consuming marijuana in public.  Educating the public about the "no public consumption" law is a first step.

Councilmember Licata stated that there is no underground market for hard liquor.  (I beg to differ.  With  hard liquor being the alcohol of choice among Seattle high school students who drink, there seems to be a robust underground underage market for hard liquor.)  He also stated that when considering the negative health affects of marijuana, the beneficial medical affects need to be considered, as well.

Both the City Attorney and Councilmember Harrell discussed marijuana price concerns especially considering the potential of the medical marijuana market to to undercut recreational marijuana prices.  Price is especially important in preventing youth access and use.

Seattle City Council to vote on resolution supporting medicine return program

On Monday, the Seattle City Council will vote on a resolution "Supporting creation of a secure, convenient medicine return program in King County to reduce the public safety and environmental impacts of unwanted medicines." 

The resolution starts by stating:

WHEREAS, drug overdose deaths, abuse of prescription pain killers, and abuse of medicines by young people is a growing problem, and more people die of prescription medicines than all illegal drugs combined; and

WHEREAS, medicines used in the home are the leading cause of poisonings reported to the Washington Poison Center, and preventable poisonings from medicines have been rising rapidly, especially among children and seniors; and

WHEREAS, unwanted medicines left in the home contribute to opportunities for drug abuse, drug theft, and accidental poisonings; and . . .

The resolution was introduced by Councilmember Richard Conlin who is also a member of the King County Board of Health.  If you've been following this blog, you know that the Board will vote next week on policy that would establish a medicine return program.

Please consider thanking Councilmember Conlin for his support of policy that can help reduce youth medicine abuse.