There is a legal showdown brewing between the federal government and two states whose residents voted to legalize recreational use of marijuana earlier this month, as local prosecutors in one of those states – Washington – have already begun dismissing hundreds of cases involving persons who were caught with the illegal substance prior to Election Day.
Prosecutors in King County – which includes the cities of Seattle and Bellevue – and Pierce County, directly to the south, have dismissed more than 220 misdemeanor pot cases following voter approval Nov. 6 of Initiative 502, or I-502, which makes possession of one ounce of marijuana legal after Dec. 6. Though technically the law does not take effect for a couple more weeks, 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,” he said in a statement.
Local papers said 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 as criminal charges but those will be dismissed. Another 135 were pending charging decisions; they will now be returned to the arresting police agency, the Seattle Times said.
‘The people have spoken’
Meanwhile, in Pierce County, Prosecutor Mark Lindquist said he was dismissing “about four dozen” cases involving misdemeanor possession of pot as the only offense. He said his office would continue to prosecute cases where marijuana possession was a secondary offense to a more serious charge, like drunk 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.”
Satterberg told the Times his office will continue prosecuting marijuana possession cases above the one ounce limit, which will allow for “a buffer for those whose scales are less than accurate.”
He said he routinely allows his staff to let defendants who were initially charged with felony pot possession – those who are caught with more than 40 grams – 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 told the paper.
The campaign manager for I-502, Alison Holcomb, said she was “incredibly moved” by Satterberg’s decision, adding he showed “incredible courage.”
A study conducted by a group of academics found that in the state of Washington there had been 241,000 misdemeanor marijuana possession cases over the past 25 years, with 67,000 of them in the past five years alone.
“If 502 hadn’t passed,” said Holcomb, “we’d see the same amount of marijuana possession cases every year. What makes a difference is changing the law.”
I-502 campaign manager Alison Holcomb said she was “incredibly moved” by Satterberg’s announcement, which she said showed “incredible courage.”
Satterberg is the first county prosecutor to change his agency’s charging policy in the wake of 502′s passage, but other prosecutors are considering similar changes as well.
Tom McBride, of the Washington Association of Prosecuting Attorneys, told the Times his office was “just starting to work through those issues.”
City of Seattle Attorney Pete Holmes, meanwhile, has never prosecuted misdemeanor possession cases since taking office.
Will Washington continue to pick sides in state legal issues?
Not all prosecutors are taking such a lax approach. Spokane County prosecutor Jack Driscoll told the Spokesman-Review newspaper that, even after the Dec. 6 date, the only marijuana that could be possessed legally would have to come from state-licensed stores called for in I-502, and those won’t be created for at least a year.
“The only thing that is legal is selling marijuana through those stores,” Driscoll said. “That will be regulated by the state. You can’t under this initiative have an ounce of marijuana that doesn’t come from a state-issued provider. You still can’t have black-market marijuana.”
At the moment, possession of, or use of, marijuana remains against federal law, so the passage of I-502 and a similar measure in Colorado sets these states up for a legal clash with the U.S. Justice Department.
It wasn’t clear yet whether the Obama administration would make the initiatives as much of an issue as, say, suing the state of Arizona over its recent immigration reform law (which was modeled after federal law) or going after several other states whose citizens passed initiatives like the one in Washington that defines marriage as a union between a man and a woman.
That’s the trouble with picking sides in legal issues; justice is no longer blind.
Sources:
Learn more: http://www.naturalnews.com/037973_marijuana_possession_Washington.html#ixzz2CIrUnbQA
So are they still going to arrest people for growing a plant in their backyards? If so, then it’s all a bunch of crap.
True. Gov. Gregoire is in “talks” with DAG James Cole whether the FEDS are going to use an injunction to block the Washington & Colorado Laws before her State spends money on implementing the Law.
I’m glad to see Washington dismissing possession cases. BUT, as with anything the government gets it’s sticky fingers into, it’ll turn into a goat f**k. Some argue this is a big win, foot in the door, so to speak. Special Taxation, Restrictive USDA grow laws and DOC paraphernalia sale laws formed by the same azzholes who are “granting us permission” to use. Yeah, I’ll get flamed for taking a stance of ZERO tax & ZERO restrictions; compromise with a criminal government is not an option.
It really doesn’t matter that they are dropping possession because this means the dirty cops are going to push harder for DUI’s, like mine. I got a “green” DUI for telling an officer that I smoked pot 8 hours earlier. So everyone in WA watch out for thinking that it is alright to drive half a day after you have inhaled MJ!!! If anyone can help me out with this case in Cle. Elum let me know the PA there wants to give me reckless and they never found any pot or alcohol….but yet I’m still fighting a DUI…..Watch out for NORMAL lawyers like Jeff Steinborn and cops like Barry Pilkington…..very shady ppl
“Wet Reckless”, Green or Wet, is still considered, by insurance companies & some licensing agencies as “DUI”. From what I’ve gathered off local news, drivers suspected of DUI in Washington State will get both Breathalyzer & Blood Draw due to the DL automatic consent laws that are now including the marijuana laws. Volunteering any info to LEO is not smart, as you are experiencing now. When you attend the “DUI” school that the State will mandate you to attend & pay for, the will tell you that LEO uses word-smithing to force you to self-incriminate before you are aware of what you did.
As for legal counsel, I’d be checking into the Ellensburg area. I don’t have names, but several acquaintances there had some success with the lawyers there for full-blown DUI’s. From what I do know, it’s not inexpensive.
In the meantime, LEO will enforce how “they” interpret the law until specific policies are issued. The same will apply to the PA’s. With the system as corrupt as it is, abuse will run rampant, with the supposed offender paying the bill$.
Agree with ya Phuck Tha Police on that normal group. I got screwed believing in that fed. supported organization!!! Don`t trust N.O.R.M.A.L.!!