As medical marijuana heads back to Olympia, legislators are bracing for a rerun of last session’s drama of makeshift dispensary operators and self-appointed patient advocates decrying any effort to rein in abuses of the law.

Represented by the ACLU of Washington, three state-licensed marijuana business owners have intervened in a lawsuit challenging the City of Fife’s ban on marijuana operations. The plaintiff-intervenors say the City of Fife’s ban on legal marijuana operations within the city is unconstitutional and is preempted by state law.   Update: On Aug. 29, the court upheld Fife’s ban, saying that I-502 does not require cities to allow marijuana businesses.

As intended, the passage of I-502 is having a dramatic effect on low-level marijuana prosecutions. ACLU-WA analysis of Washington court data reveals that filings for misdemeanor marijuana offenses have decreased precipitously – freeing up criminal justice system resources to deal with serious crime.

The ACLU of Washington hailed a decision by the Washington Supreme Court today recognizing the right of medical marijuana patients to raise a medical necessity defense in court.  The ACLU-WA filed a friend-of-the-court brief in the case (State v. Kurtz) saying that the state’s Medical Use of Marijuana Act did not supersede the common law medical necessity defense, and that medical marijuana patients should be able to cite both medical necessity and state law in defending themselves. A medical necessity defense is available to someone who has violated a law, but was justified in doing so because the harm being avoided is greater than the harm of violating the law.

Today, a group of substance abuse prevention and treatment professionals and public health advocates, in collaboration with the ACLU of Washington, submitted comments addressing the state Liquor Control Board’s initial draft rules for Initiative 502.