NO.

70396-0-1

COURT OF APPEALS FOR THE STATE OF WASHINGTON DIVISION I CANNABIS ACTION COALITION ET AL., Appellants, v. CITY OF KENT ET AL., Respondents.

MOTION OF THE AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON FOR LEAVE TO FILE AMICUS CURIAE BRIEF

GARVEY SCHUBERT BARER Jared Van Kirk, WSBA #37029 Eighteenth Floor 1191 Second Avenue Seattle, Washington 98101-2939 2064643939 Attorneys for Amicus Curiae American Civil Liberties Union of Washington

ACLU OF WASHINGTON FOUNDATION Sarah A. Dunne, WSBA #34869 Mark M. Cooke, WSBA #40155 901 Fifth Avenue, Suite 630 Seattle, W A 98164 2066242184

I.

IDENTITY AND INTEREST OF AMICUS CURIAE

The American Civil Liberties Union of Washington ("ACLU") is a statewide, nonprofit, nonpartisan organization with over 20,000 members that is dedicated to the preservation and defense of constitutional and civil liberties. It has particular interest and expertise in the areas of drug policy reform and criminal justice. The ACLU has been involved in the

development of Washington's body of law regarding the medical use of marijuana since the mid-l 990s. It endorsed the Medical Use of Marijuana Act, which was approved as Initiative 692 by 59% of the state's voters in 1998 and codified at RCW 69.51A ("MUCA,,).I It also participated in the drafting of the legislation that amended the MUCA in 2007, provided written comment to the Department of Health during the development of administrative rules relating to the MUCA, and actively supported legislation that amended the MUCA in 2010 and 2011. Recognizing the ACLU's involvement in this area, the Washington Supreme Court has accepted amicus curiae briefs and memoranda from the ACLU in a number of medical marijuana cases, including: State v. Kurtz, No. 87078-1
(2012);

Roe v. Teletech Customer Care Management (Colorado) LLC,

No. 83768-6 (2011); State v. Fry, No. 81210-1 (2008) Uoint brief with the Washington Association of Criminal Defense Lawyers); State v. Tracy,

I The Medical Use of Marijuana Act name was changed to the Medical Use of Cannabis Act in 20 II, RCW 69.51 A.900.

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No. 77534-6 (2006) Qoint brief with the Washington Association of Criminal Defense Lawyers); State v. Ackerson, No. 76152-3 (2005); State v. Shepherd, No. 72521-7 (2002); and Seeley v. State, No. 63534-0 (1997). The ACLU frequently provides information to the public regarding the MUCA and related legal principles, including through its brochure entitled "Washington's Medical Use of Cannabis Act: A Guide for

Patients, Providers, Health Care Professionals, Law Enforcement, and the Public." It also presents on these topics at continuing legal education seminars, and regularly consults on these issues with patients, providers, government agency staff, and elected officials. The ACLU was also a strong supporter of Initiative 502, which legalized and regulated the use of marijuana for adults aged twenty-one and older. 2013 Wash. Laws c 3. It continues to work on 1-502 related issues by creating and disseminating public education materials, presenting at continuing legal education seminars, and consulting with a variety of relevant stakeholders. In addition, the ACLU is actively involved in criminal justice Issues broadly and works to ensure that our criminal justice system comports with fundamental principles of justice, fairness, liberty, and equality. matters
It regularly submits amicus curiae briefs in criminal justice

implicating

constitutional

and

civil

rights

and

provides

information to the public concerning their legal rights. It is committed to SEA_DOCS: I 133724 I - 2-

the preservation of important common law rights and defenses.

II.

FAMILIARITY WITH THE ISSUES

The ACLU has reviewed the briefing submitted by the parties to this Court as well as the orders of the trial court. It is familiar with the scope of the arguments presented by the parties and will not unduly repeat the arguments already presented.

III.

ISSUES TO BE ADDRESSED BY AMICUS

Whether the issue of federal preemption should be reviewed by the Court of Appeals and whether the MUCA is preempted by federal law.

IV.

WHY AMICUS BRIEFING WILL ASSIST THE COURT

Based on its legislative and advocacy work concerning the

criminal justice system, the MUCA, Initiative 502, and relevant principles of Washington law, the ACLU is uniquely positioned to address some of the important legal and public policy issues in this case. In particular, this case raises issues of public interest concerning the intersection of state marijuana laws and federal marijuana laws. The ACLU's amicus curiae brief will provide the Court with additional argument and authority on these issues not contained in the briefing filed by the parties. The ACLU believes this supplemental information will be useful to the Court and is necessary to a fully informed decision.

V.

CONCLUSION

For the reasons set forth herein, the ACLU respectfully requests SEA_DOCS: I 133724.1 - 3 -

that the Court grant leave to file the amicus curiae brief filed herewith. DATED this 24th day of January, 2014. GARVEY SCHUBERT BARER

By ~~~~=----=--~---=:::::..........:~ /A" ' ared Van Kirk, Bar # 37029 ~ Attorneys for Amicus Curiae American Civil Liberties Union of Washington

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DECLARATION OF SERVICE I, Lori A. Druss, declare as follows: I am a citizen of the United States of America, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above-entitled action, competent to be a witness herein, and have personal knowledge of the facts stated below. On January 24, 2014, I caused to be filed the foregoing Motion of the American Civil Liberties Union of Washington for Leave to File Amicus Curiae Brief, on behalf of the American Civil Liberties Union, with the Clerk of the Court via Legal Messenger. On this same date, and in the manner indicated below, I caused the American Civil Liberties Union's Brief and this appended Declaration of Service to be served upon: David Scott Mann Gendler & Mann LLP 1424 4th Avenue, Ste 715 Seattle, WA 98101-2297 [X] Legal Messenger; and [X] Email: mann@gendlermann.com Joseph L. Broadbent, Attorney at Law P.O. Box 1222 Stanwood, W A 98292-1222 [X] Regular U.S. Mail Douglas Hiatt, Attorney at Law 119 151 Avenue S., Ste 260 Seattle, W A 98104-3450 [X] Legal Messenger; and [X] Email: douglas@douglashiatt.net

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Arthur "Pat" Fitzpatrick Thomas C. Brubarker 220 Fourth Avenue S. Kent, W A 98032 Attorney s for Respondent [X] Legal Messenger [X] Email: PFitzpatrick@kentwa.gov John Worthington 4500 S.E. 2nd Place Renton, W A 98059 [X] Regular US. Mail; and [X] Email: Worthingtoniw2u@hotmail.com Tim Donaldson 15 N. Third Avenue Walla Walla, WA 99362 [X] Regular US. Mail; and [X] Email: tdonaldson@wallawallawa.gov
1. Preston Frederickson 15 N. Third Avenue Walla Walla, WA 99362 [X] Regular US. Mail; and [X] Email: pfred@wallawallawa.gov

Tim Reynolds Porter Foster Rorick LLP 601 Union Street, Suite 800 Seattle, W A 98101-4027 [X] Regular U.S. Mail; and [X] Email: tim@pfrwa.com Kathleen Haggard Porter Foster Rorick LLP 601 Union Street, Suite 800 Seattle, WA 98101-4027 [X] Regular U.S. Mail; and [X] Email: Kathleen@pfrwa.com

~~
Lori A. Druss Legal Assistant

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