420 Policies and Laws

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Seattle Times: 'Marijuana prosecutions dropped in anticipation of legalization'

Prosecutors and police in Washington moved Friday to swiftly back away from enforcing marijuana prohibition, even though the drug remains illegal for another month.

By Jonathan Martin, Seattle Times

On Friday, the elected prosecutors of King and Pierce counties, the state's two largest, announced they will dismiss more than 220 pending misdemeanor marijuana-possession cases, retroactively applying provisions of Initiative 502 that kick in Dec. 6.

In King County, Dan Satterberg said his staff will dismiss about 40 pending criminal charges, and will not file charges in another 135 pending cases. Pierce County Prosecutor Mark Lindquist said he will dismiss about four dozen cases in which simple marijuana possession was the only offense.

"I think when the people voted to change the policy, they weren't focused on when the effective date of the new policy would be. They spoke loudly and clearly that we should not treat small amounts of marijuana as an offense," Satterberg said.

The Seattle police and King County sheriff also announced Friday their departments would no longer arrest people for having an ounce or less of marijuana, the amount decriminalized by Initiative 502, which passed Tuesday.

The quick pivot by law enforcement reflects Tuesday's unambiguous vote in which 20 of the state's 39 counties endorsed I-502, 55 to 45 percent.

Misdemeanor marijuana possession had not been a police priority in Seattle for years, but a study released in October found it was elsewhere: more than 241,000 people statewide were arrested for possession over the past 25 years, at an estimated cost of more than $305 million.

I-502 campaign manager Alison Holcomb said the decision by police and prosecutors affirms the campaign's argument that legalization would shift law-enforcement priorities.

"If 502 hadn't passed, we'd see the same amount of marijuana possession cases every year," said Holcomb. "What makes a difference is changing the law."

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From the Seattle Police Department (Yes, this is real.)

Marijwhatnow? A Guide to Legal Marijuana Use In Seattle

The people have spoken. Voters have passed Initiative 502 and beginning December 6th, it is not a violation of state law for adults over 21 years old to possess up to an ounce of marijuana (or 16 ounces of solid marijuana-infused product, like cookies, or 72 ounces of infused liquid, like oil) for personal use. The initiative establishes a one-year period for the state to develop rules and a licensing system for the marijuana production and sale.

Marijuana has existed in a grey area in Seattle for some time now. Despite a longstanding national prohibition on marijuana, minor marijuana possession has been the lowest enforcement priority for the Seattle Police Department since Seattle voters passed Initiative 75 in 2003. Officers don’t like grey areas in the law. I-502 now gives them more clarity.

Marijuana legalization creates some challenges for the Seattle Police Department, but SPD is already working to respond to these issues head on, by doing things like reviewing SPD’s hiring practices for police officers to address now-legal marijuana usage by prospective officers, as well as current employees.

While I-502 has decriminalized marijuana possession in Washington, the new state law does not change federal law, which classifies marijuana as a Schedule I narcotic. All Seattle Police officers have taken an oath to uphold not only state law, but federal law as well. However, SPD officers will follow state law, and will no longer make arrests for marijuana possession as defined under I-502.

The Seattle Police Department and Mayor Mike McGinn have already begun working with state officials to navigate this conflict, and follow the direction of Washington voters to legalize marijuana.

In the meantime, the Seattle Police Department will continue to enforce laws against unlicensed sale or production of marijuana, and regulations against driving under the influence of marijuana, which remain illegal.

TL;DR?

Here’s a practical guide for what the Seattle Police Department believes I-502 means for you, beginning December 6th, based on the department’s current understanding of the initiative Please keep in mind that this is all subject to ongoing state and local review, and that it describes the view of the Seattle Police Department only. All marijuana possession and sale remains illegal under federal law, and Seattle Police cannot predict or control the enforcement activities of federal authorities.

Can I legally carry around an ounce of marijuana?

According to the recently passed initiative, beginning December 6th, adults over the age of 21 will be able to carry up to an ounce of marijuana for personal use. Please note that the initiative says it “is unlawful to open a package containing marijuana…in view of the general public,” so there’s that. Also, you probably shouldn’t bring pot with you to the federal courthouse (or any other federal property).

Well, where can I legally buy pot, then?

The Washington State Liquor Control Board is working to establish guidelines for the sale and distribution of marijuana. The WSLCB has until December 1, 2013 to finalize those rules. In the meantime, production and distribution of non-medical marijuana remains illegal.

Does I-502 affect current medical marijuana laws?

Can I grow marijuana in my home and sell it to my friends, family, and co-workers?

Not right now. In the future, under state law, you may be able to get a license to grow or sell marijuana.

Can I smoke pot outside my home? Like at a park, magic show, or the Bite of Seattle?

Much like having an open container of alcohol in public, doing so could result in a civil infraction—like a ticket—but not arrest. You can certainly use marijuana in the privacy of your own home. Additionally, if smoking a cigarette isn’t allowed where you are (say, inside an apartment building or flammable chemical factory), smoking marijuana isn’t allowed there either.

Will police officers be able to smoke marijuana?

As of right now, no. This is still a very complicated issue.

If I apply for a job at the Seattle Police Department, will past (or current) marijuana use be held against me?

The current standard for applicants is that they have not used marijuana in the previous three years. In light of I-502, the department will consult with the City Attorney and the State Attorney General to see if and how that standard may be revised.

What happens if I get pulled over and an officer thinks I’ve been smoking pot?

If an officer believes you’re driving under the influence of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you’re under the influence of something, they can get a warrant for a blood draw from a judge. If you’re in a serious accident, then a blood draw will be mandatory.

What happens if I get pulled over and I’m sober, but an officer or his K9 buddy smells the ounce of Super Skunk I’ve got in my trunk?

Under state law, officers have to develop probable cause to search a closed or locked container. Each case stands on its own, but the smell of pot alone will not be reason to search a vehicle. If officers have information that you’re trafficking, producing or delivering marijuana in violation of state law, they can get a warrant to search your vehicle.

SPD seized a bunch of my marijuana before I-502 passed. Can I have it back?

No.

Will SPD assist federal law enforcement in investigations of marijuana users or marijuana-related businesses, which are legal, at the state level, under I-502?

No. Officers and detectives will not participate in an investigation of anything that’s not prohibited by state law.

December 6th seems like a really long ways away. What happens if I get caught with marijuana before then?

Hold your breath. Your case will be processed under current state law. However, there is already a city ordinance making marijuana enforcement the lowest law enforcement priority.

I’m under 21. What happens if I get caught smoking pot?

It’s a violation of state law. It may referred to prosecutors, just like if you were a minor in possession of alcohol.

* This post has been updated since its initial publication to include more legalese and fewer references to narcotics dogs which, as it turns out, are still a confusing, complicated issue still under review.

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Source

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I-502 is in immediate effect in King County, possession is no longer criminalised.

Hundreds of pot cases dismissed

220 marijuana cases dismissed in King, Pierce counties

UPDATE 3:03 p.m. King and Pierce County prosecutors are dismissing more than 220 misdemeanor marijuana cases in response to Tuesday’s vote to decriminalize small amounts of pot.

In King County, 175 cases are being dismissed involving people 21 and older of possession of one ounce or less. I-502 makes one ounce of marijuana legal on Dec. 6, but King County Prosecutor Dan Satterberg decided to apply I-502 retroactively.

“Although the effective date of I-502 is not until December 6, there is no point in continuing to seek criminal penalties for conduct that will be legal next month,” Satterberg said in a statement.

The dismissed cases involved arrests in unincorporated King County, as well as the state highways and the University of Washington. About 40 of the cases had already been filed in court as criminal charges; those charges will be dismissed. Another 135 cases were pending charging decisions and will simply be returned to the arresting police agency.

Pierce County Prosecutor Mark Lindquist said he was dismissing “about four dozen” pending cases where misdemeanor marijuana was the only offense. He said his staff was continuing to prosecute other cases where possession was secondary to a more serious charge, such as drunken driving.

“The people have spoken through this initiative,” said Lindquist. “And as a practical matter, I don’t think you could sell a simple marijuana case to a jury after this initiative passed.”

In an interview, Satterberg said his office would continue to prosecute marijuana possession above one ounce, allowing for “a buffer for those whose scales are less than accurate.” His office also charges felony possession — for people with more than 40 grams — although he said his staff routinely allows those defendants to plead down to a misdemeanor.

“I think when the people voted to change the policy, they weren’t focused on when the effective date of the new policy would be. They spoke loudly and clearly that we should not treat small amounts of marijuana as an offense,” he said.

I-502 campaign manager Alison Holcomb said she was “incredibly moved” by Satterberg’s announcement, which she said showed “incredible courage.”

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CNN: 'The end of the war on marijuana'

Editor's note: Roger A. Roffman is a professor emeritus of social work at the University of Washington, a sponsor of I-502, and author of the forthcoming "A Marijuana Memoir."

(CNN) -- The historic measure to regulate and tax marijuana in Washington State deserves to be looked at closely as a model of how legalization ought to be designed and implemented elsewhere in America.

We've turned a significant corner with the approval of Initiative 502, which purposefully offers a true public health alternative to the criminal prohibition of pot.

For the first time in a very long time, the well-intended but failed criminal penalties to protect public health and safety will be set aside. Adults who choose to use marijuana and obtain it through legal outlets will no longer be faced with the threat of criminal sanctions. People of color will no longer face the egregious inequities in how marijuana criminal penalties are imposed. Parents, as they help prepare their children for the choices they face concerning marijuana, will no longer be hobbled by misinformation about the drug and the absence of effective supports to encourage abstinence.

"The great experiment" of alcohol prohibition became the national law in 1920. Its intentions were good, but it failed in a number of vitally important ways. In 1923, the state of New York repealed its alcohol prohibition law. Ten other states soon followed, and in 1933 national Prohibition ended.

I believe Washington state has just played that pivotal role with regard to marijuana. Moreover, by borrowing from public health model principles known to be effective, the state has offered the most compelling replacement to prohibition considered to date.

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'Gregoire not joining Colorado’s chat with Justice Department on pot legalization'

Posted by Jonathan Martin, Seattle Times

Gov. Chris Gregoire has not reached out to the Justice Department for clarity on the federal response to marijuana legalization, and does not plan to join Colorado Gov. John Hickenlooper, who has a call scheduled Friday afternoon with U.S. Attorney General Eric Holder to talk about the legalization measure his state passed.

Gregoire’s staff, along with the state attorney general and the Liquor Control Board, is instead planning to meet internally first regarding Initiative 502, said her spokesman, Cory Curtis. “We obviously have to have the conversation” with the Justice Department, said Curtis. “There’s this cloud hanging over it, no pun intended.”

Although Washington voted to legalize small amounts of marijuana beginning Dec. 6, pot remains illegal under federal law.

Curtis said contact with the Justice Department will likely begin through the state attorney general and the Liquor Control Board, which is the lead agency in setting up I-502′s state-licensed marijuana stores. AG spokeswoman Janelle Guthrie said the agencies have not met to game-plan for I-502.

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I-502 results

As of 20.00; Wednesday

Yes 55.35% (1,177,706)

No 44.65% - (950,081)

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Key provisions of Initiative 502

Possession: Strips state criminal penalties, starting 6. Dec, for small possession (28,35 g (1 oz) dried form, 2,13 L (72 oz) liquid, 453,6 g (1 pound) solid form) for people 21 and older. Public use becomes a civil infraction. Until 6. Dec, marijuana possession remains a crime.

Sales: By December 2013, state to issue licenses for cannabis retailers, growers and food processors; imposes 25 percent excise tax at each level, funding research, prevention and health care.

Medical marijuana: Does not change state medical-marijuana law; no home grows except for patients.

DUI: Adds new limit for marijuana impairment (5 ng/mL sample; requires reasonable suspicion and failure of FST).

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[sirloot]

wow im just shocked that one of the counties is .... Skamania

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From the Office of Financial Management:

[SnusoMatic]

Legalize all drugs. Rat poison is legal. It's up to the individual to know what is harmful or not.

Why have any laws at all?

[whalen]

I am investing in Cheetos and Goldfish, maybe a big bag of Oreos! Congrats stoners!

[Snusdog]

From Dog Translate: El Presidente stands to lose mucho dinero

[truthwolf1]

If U.S. states start developing a marijuana industry, "This will not be a super-lucrative business proposition for a criminal enterprise," Hope said. "This will not be a cash cow."

The war on drugs has been a absolute failure.

[YfirBaggari]

Congratulations on a huge victory, now to globalize it.

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Pot legal Dec. 6, 'jury is out on what happens' after that

Possession of small amounts of marijuana becomes legal on Dec. 6 in Washington thanks to Initiative 502. But will the feds stop the state from licensing stores to sell it?

By Jonathan Martin, Seattle Times

Washington's grand social experiment with marijuana legalization begins Dec. 6 with a simple step: On that date, it is legal to have an ounce of the stuff, and there is little the federal government can do about it.

But how the state takes the next big step — transforming the marijuana black market into a closed, regulated and taxed marketplace — is unclear. And the federal government didn't help clarify its potential response on Wednesday.

The U.S. Department of Justice and U.S. Attorney Jenny Durkan, of Seattle, declined to answer questions about the conflict between the federal ban on marijuana and the new state law legalizing it for recreational use. A DOJ statement reminded voters that the federal ban "remains unchanged," and said the agency was reviewing the legalization measures, here and in Colorado.

Even as legalization proponents celebrated the historic confrontation with the federal drug policy, the state began the yearlong job of setting up a marijuana market. Which means within a month, you can possess marijuana and use it in private, but there's no place to legally buy it.

Gov. Chris Gregoire, speaking on KUOW radio on Wednesday morning, said she hoped to work closely with the next governor on Initiative 502 before she leaves office in January.

"The jury is out on what happens," said Gregoire, referring to the federal response. "Meanwhile, my job as governor is to do what the people of the state of Washington have said they want done."

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SIDE-NOTE: "These protections in both states, when certified and placed into effect, will apply to anyone physically in the state, no residency required. Public consumption would remain a violation in both states, but a civil, not criminal, one."

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Some in the medical cannabis community were opposing the initiative because it contains a provision that sets the DUI limit to 5 nanograms/mL.

This standard is adjustable as further research is conducted (a portion of the revenue will be earmarked for this very purpose).