cannabis aciton coalition v city of kent - motion of aclu re amicus curiae brief

8/13/2019 Cannabis Aciton Coalition v City of Kent - Motion of ACLU Re Amicus Curiae Brief

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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. t 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. t 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 t 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.

SEA_DOCS: 1133724 1 - -



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. t 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 t 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. t regularly submits amicus curiae briefs in criminal justice

matters implicating constitutional and civil rights and provides

information to the public concerning their legal rights. t is committed to

SEA_DOCS: I 133724 I - -



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. t 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 MICUS

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 o January 2014.

GARVEY SCHUBERT BARER

By = ~ = : : ~ared Van Kirk Bar 37029

Attorneys for Amicus Curiae

American Civil Liberties Union

o Washington

SEA_DO CS: 1133724.1 - 4



DECLARATION OF SERVICE

I Lori A. Druss, declare as follows:

I am a citizen of the United States ofAmerica, 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 LibertiesUnion's riefand 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: [email protected]

Joseph L. Broadbent, Attorney at LawP.O. Box 1222

Stanwood, W A 98292-1222

[X] Regular U.S. Mail

Douglas Hiatt, Attorney at Law

119 1 1 Avenue S., Ste 260

Seattle, W A 98104-3450

[X] Legal Messenger; and


SEA_DOCS: 1133724 1 - 5

mailto:[email protected]






Arthur Pat Fitzpatrick

Thomas C. Brubarker

220 Fourth Avenue S

Kent, W A 98032Attorney s for Respondent

[X] Legal Messenger


John Worthington

4500 S.E. 2nd Place

Renton, W A 98059

[X] Regular US Mail; and


Tim Donaldson15 N. Third Avenue

Walla Walla, WA 99362



1 Preston Frederickson

15 N. Third Avenue

Walla Walla, WA 99362



Tim Reynolds

Porter Foster Rorick LLP

601 Union Street, Suite 800

Seattle, W A 98101-4027

[X] Regular U.S. Mail; and


Kathleen Haggard

Porter Foster Rorick LLP

601 Union Street, Suite 800

Seattle, W A 98101-4027

[X] Regular U.S. Mail; and


ori A Druss

Legal AssistantSEA_DOCS: 1133724.1 - 6











cannabis aciton coalition v city of kent - motion of aclu re amicus curiae brief

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