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Washington State Laws – Marijuana 101

Written by David O
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Washington State Laws – Marijuana 101

I came across a great poster titled Marijuana 101 when I took my family to a park on Mercer Island last weekend.  The poster lists basic Washington State marijuana law in an easy to understand manner that everyone should have knowledge of.  Here is the information:

Marijuana 101

Marijuana is illegal in Washington for anyone under 21.

Frequent marijuana use can lead to addiction (1 in 6 youth, 1 in 9 adults).

It is illegal to use marijuana in public.

It is illegal to gift or share marijuana.

It is a felony to provide marijuana to a minor.

Driving under the influence (DUI) of marijuana is a crime.

Many employers still drug test for marijuana.

It is illegal to purchase marijuana until licensed stores open in December 2013 with the passing of Initiative 502.

Marijuana remains illegal according to federal law.

The following organizations; Washington Discovery Help Line 866-789-7577, King County Alcohol and Other Drug Prevention Program, Washington State Department of Social & Health Services, Communities That Are, and U.S. Department of Health and Human Services are associated with Marijuana 101.

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Initiative 502- Legalization of Marijuana, what’s happening?

Written by David O
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Initiative 502- Legalization of Marijuana, what’s happening?

A lot of people are wondering, just as I am, with the implementation of the legalized recreational marijuana system passed by Washington voters with Initiative 502 what’s going to happen?  As a DUI attorney/ criminal attorney I’m especially interested in having a pulse on what’s going on.  As of January 18, 2013, the Washington State Liquor Control Board is now seeking proposals for marijuana consulting services in: product and industry knowledge, product quality standards and testing, product usage and consumption validation and product regulation.  This is good news.  It’s great to see progress and the State requesting consultants to assist in Initiative 502 implementation.  Times have definitely changed here in Washington.  What remains to be seen is will the change be considered a positive one for all of us.

As a Seattle attorney who represents those accused of Driving Under the Influence DUI/drunk driving cases I’m interested in how the State will prosecute such cases as it relates to marijuana consumption.  The real issue in Marijuana DUI cases is whether or not the driver’s ability to drive was affected by consuming marijuana.  Factors to consider of signs of intoxication would include but not limited to, active components of THC in a driver’s system, time of last consumption in relation to time of driving, and the driving observed.  Just as with alcohol consumption, marijuana consumption and it’s effects on individuals vary considerably.  As a result, I think marijuana DUI cases are tough to defend but even tougher to prosecute.

 

Published by David O

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Possession of Marijuana: Search on School Premises

Written by David O
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Possession of Marijuana: Search on School Premises

 

State v. Meneese, (86203-6) 8/2/12
SCt (7-2) held that a search of Meneese’s locked backpack by a Student Resource Officer (SRO), i.e. a fully commissioned, uniformed Bellevue Police officer, was not permitted even under the more relaxed “reasonable suspicion” standard for school searches after T.L.0., 461 U.S. 341.
Meneese was found by the SRO during a routine check of the bathrooms at Robbinswood High School standing over a sink with a bag of marijuana in one hand and a medicine vial in the other. The officer seized the MJ and escorted Meneese, with his backpack, to the dean of student’s office. He placed Meneese under arrest and requested a patrol unit pick Meneese up for booking. The SRO became suspicious that Meneese’s backpack might contain more contraband and when Meneese said he didn’t have the key to unlock it, he was searched, the key was found in his pocket and a search of the backpack reveal a BB gun (i.e. a dangerous gun on school grounds).
SCt concludes the T.L.O. school search exception did not apply to the search of the locked backpack in light of the overwhelming indicia of police action. The SROs had no authority to administer school discipline, suspensions or expulsions. T.L.O. allows a “school official” to search a student’s person if, under all the circumstances, the official has a reasonable suspicion. The act of arresting and handcuffing Meneese was not that of a “school official,” however, since they don’t have the power to do either.
Stephens and J Johnson dissent on the theory that “schools are special environments.”
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