420 Policies and Laws

[Crow]

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 In 1923, the state of New York repealed its alcohol prohibition law.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.

Continued...

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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.”

Continued

[Crow]

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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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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[crullers]

It's nice to see some common sense taking hold, congratulations! Now when can we have Marc Emery back?

[Crow]

Now when can we have Marc Emery back?

Marc Emery, victim of the Bush Adminstration and the Federal war on drugs. And for what? CANNABIS SEEDS?! On behalf of all Americans, I apologise for the silly witch hunt conducted by that administration.

To answer your question: 606 days until Marc is eligible for early release.

My sincerest sympathies go to Marc and Jodie. Jodie has been doing one hell of a job keeping the movement going up north, and one hell of a job keeping strong as her husband counts the days to his release. I wish them all the best, and I'll be sure to visit BCMP again real soon!!

[crullers]

Marc Emery, victim of the Bush Adminstration and the Federal war on drugs. And for what? CANNABIS SEEDS?! On behalf of all Americans, I apologise for the silly witch hunt conducted by that administration.

To answer your question: 606 days until Marc is eligible for early release.

My sincerest sympathies go to Marc and Jodie. Jodie has been doing one hell of a job keeping the movement going up north, and one hell of a job keeping strong as her husband counts the days to his release. I wish them all the best, and I'll be sure to visit BCMP again real soon!!

No need to apologise for the Bush Administration's policies - our government sold him out big time. And that's what I struggle with. I know there is - and should be - a lot of cooperation between our nations but I was taken aback with how that whole situation played out. Any head of state worth their salt (i.e. our Prime Minister) would have told the U.S. gov't and DEA to go feck themselves for even suggesting he be extradited for something that is very overlooked here. The political tentacles run deep between our nations, and I applaud the people of Washington State for taking the stance they did.

As an aside, I never met the man but I lived for many years in London ON and frequented his book store. He was an interesting character in a traditionally conservative community.

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I applaud the people of Washington State for taking the stance they did.

Thanks

No need to apologise for the Bush Administration's policies - our government sold him out big time. And that's what I struggle with. I know there is - and should be - a lot of cooperation between our nations but I was taken aback with how that whole situation played out. Any head of state worth their salt (i.e. our Prime Minister) would have told the U.S. gov't and DEA to go feck themselves for even suggesting he be extradited for something that is very overlooked here. The political tentacles run deep between our nations

If I recall correctly, this all went down under the Harper adminstration, right? If so, that would explain a lot.

[crullers]

Thanks



If I recall correctly, this all went down under the Harper adminstration, right? If so, that would explain a lot.

If it was, it was during his first minority government, in which case the Liberals and NDP may have had a voice in the matter but it may have been at the end of the Liberal era. Not sure, but I wouldn't be surprised either way. Politics can be strange up here

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Politics can be strange up here

Strange, but fascinating.

You don't hear many Americans saying that, do you?

[YfirBaggari]

As a licenced grower is there still a 1ounce limit to what you can own?
And how does one get one of those licences, just curious.

[Crow]

As a licenced grower is there still a 1ounce limit to what you can own?
And how does one get one of those licences, just curious.

One ounce applies to personal possession. If you're a licenced cultivator, you will be allowed to possess what your plants produce.

Licences would be obtained through the Washington State Liquor Control Board. The system is being built from scratch and it will take some time, so I'm not exactly sure how the licencing process will work exactly (or how much it will cost). You can find up-to-date information at http://liq.wa.gov/marijuana/I-502

For medical cannabis patients, the law (RCW 69.51a) has not been affected by I-502. This means that if you're cultivating medicine for your own use, you will still be allowed to grow up to 15 plants, and possess up to 24 ounces. Or, if you have formed a collective with other patients; you can grow and possess your limits collectively [maximum 10 patients]. No licence is required, however you will still need an authorisation from your doctor (or applicable health care professional).

[Crow]

Why do you ask, Ingi? Are you thinking of moving to Washington and starting your own cannabis farm?

[YfirBaggari]

Why do you ask, Ingi? Are you thinking of moving to Washington and starting your own cannabis farm?

Might be, might be.

[Crow]