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Q & A for Washington State New Marijuana Laws

Q & A for Washington State New Marijuana Laws

Ran across an article on Kirotv.com that listed some frequently asked questions regarding Initiative 502, legalization of marijuana in Washington State.  I thought it was worth posting; here are the questions and answers I found to be useful and informative.

1.  What does this mean to me?

It means adults 21 and older can possess up to 1 ounce of the drug; 16 ounces of a solid marijuana-infused product (such as brownies or baked goods); or 72 ounces of infused liquid (such as oil for personal use only).

2.  So it’s legal to carry around that amount?

Yes, but I-502 says it “is unlawful to open a package containing marijuana … in view of the general public.”

3.  Is it legal to smoke marijuana in a public place?

According to Seattle police, while it will be legal to smoke marijuana in one’s home, smoking it in public could result in a ticket, but not an arrest, much like having an open container of alcohol in a public place.  Users outside of Seattle should inquire about laws specific to their city.

4.  Does I-502 affect current medical marijuana laws?

No.  Medical marijuana laws in Washington remain the same.

5.  I’m not a medical marijuana patient.  Where can I legally buy pot or pot-infused goods?

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

6.  Can I grow or sell marijuana?

Not at this time, though in the future licenses may be available under laws specified by the Washington State Liquor Control Board.

7.  What about driving after smoking marijuana?

Initiative 502 establishes a standard blood test for driving under the influence.  If an officer believes you’re driving under the influence (DUI) of anything, including marijuana, they will conduct a field sobriety test and may consult with a drug recognition expert.  A blood test may follow.

8.  After it’s legal to buy marijuana, how much will it cost?

That has yet to be determined, but marijuana sales will be subjected to a 40% tax.  State financial experts estimate it could raise nearly $2 billion in tax revenue over the next five years.

9.  How will the tax money be used?

The money is earmarked for education, health care, substance abuse prevention and basic government services.

The complete list of questions can be found at kirotv.com under the post “Legal marijuana: Questions answered.”

 

DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

DUI Case Dismissed in May 2013 – Criminal Defense Attorney, David O

In this DUI case, my client (“MC”) was arrested for driving under the influence in Snohomish county.  The state trooper stopped MC’s vehicle for allegedly “not having working license plate lights” and nothing else.  After a brief DUI investigation, the trooper arrested MC for DUI (driving under the influence).

RCW 46.37.020 mandates vehicles to display lighted headlights and other lights after sunset or before sunrise and at any other time when persons and vehicles on the highway would not be clearly discernible at a distance of one thousand feet.  This statute is relevant because it would determine by law when lights are required on a vehicle while driving and in what type of conditions.

RCW 46.37.050(3) states: “Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear…”  This statute is relevant because it specifically relates to a vehicle’s license plate and some facts related to my case.

My evaluation of MC’s DUI case; the trooper had no basis to stop MC’s car.  However, the state prosecutor didn’t agree with me.  I never take it personal when a prosecutor does not agree with me because, at times, I know they are just doing their “duty.”  So, I set MC’s DUI case for a motion hearing.  A motion hearing is a hearing similar to a trial but without a jury. There is no waiver of a jury trial for this type of hearing.  It’s a hearing where testimony will be provided by witnesses and legal issues presented to a judge.  After hearing all the issues the judge will decide and make certain rulings.

Fortunately for MC, the judge agreed with my argument and dismissed MC’s DUI case!  The judge decided the trooper did not have a reasonable basis to stop MC’s vehicle.  As MC criminal defense attorney, I put a lot of time and energy reviewing police reports, Washington State laws, interviewing witnesses and presenting my findings to the judge in a persuasive manner.  MC was very pleased his DUI was dismissed!

 

 

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom Faces Alcohol and Drug DUI Charge

Lamar Odom’s life seems to spiraling out of control due to drug addictions and now he’s added a DUI charge to the chaos.

The 6’10” NBA star and husband to Khloe Kardashian, Lamar Odom, has recently been headlining celebrity news with his concealed two year addiction to crack cocaine.  His marriage to Khloe has taken a toll and now possibly his NBA career may be ending.  With all the negative media attention, the L.A. Clippers decided not to resign Odom for another season despite his successful performance on the court last year.  Now to make matters worse, Lamar was pulled over early friday morning by California State Patrol and was charged with driving under the influence of drugs and/or alcohol.

According the police officers, Odom was driving in a “serpentine manner” (too slow) on the 101 Freeway.  When officers approached Lamar’s Mercedes SUV, they smelled heavy odors of alcohol on Odom’s breath and observed behaviors consistent with heavy drug use.  Lamar failed multiple DUI field sobriety tests and refused to take any DUI breath tests.  The NBA player was arrested, taken to jail, and charged with DUI.

Because Lamar  refused the DUI breath test machine at the police station, his CA driver’s license was automatically suspended for one year.  Lamar has already been spotted by paparazzi ducking down in the back of a taxi cab, most likely heading home after spending a few hours in jail.

Lamar’s life is a little messy right now, hopefully he will get his situation cleaned up and straightened out.  For starters he should hire a solid DUI criminal defense attorney to contest his DUI charge.

 

Written by S.O