Nov 132012
 

seattle police deparment cannabis guideMarijwhatnow? A Guide to Legal Marijuana Use In Seattle

As if there wasn’t enough reason to move to Seattle already, the following blog post was published on Seattle.Gov:

Written By Jonah Spangenthal-Lee

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?

No, medical marijuana laws in Washington remain the same as they were before I-502 passed.

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, that are allowed 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.

Source: Seattle.Gov

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About Johnny Green

Johnny Green is a marijuana activist from Oregon. He has a Bachelor's Degree in Public Policy. Follow Johnny Green on Facebook and Twitter. Also, feel free to email any concerns.
  • Ladyg

    I am so tired of those people who don’t smoke judging those who do. «put it in the air, rep. Where you stay, take a step back, blow the cush in they face…»

  • Jon

    “Will SPD assist federal law enforcement in investigations of marijuana users or marijuana-related businesses, that are allowed under I-502?

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

    You guys are the best.

  • Krazie

    This petition is for federally legalizize Marijuana @ https://petitions.whitehouse.gov/petition/federally-legalize-marijuana/Y3KVHZhl

  • Niles

    Now all medical marijuana patients will live in fear of driving while medicated.
    The jails will fill back up with DUID’s ….The industrial prison complex is not going to give up that much revenue…Moving to Oregon.

    • Bear

      They only can give you a DUI test if there is probable cause. If you’re so jacked up that you can’t drive or pass a field sobriety test then you should get a DUI, even if you’re a medical patient. It’s not legal to drive around doped up on pain killers either. Dur.

    • Sean

      Right, because Oregon just voted to save prohibition. You can join all the other stoners for prohibition there, I’m sure you would fit right in. BTW, how would you like it if I brought my self down to your level? For example, maybe I should be a jerk and say “No” to future medical marijuana inatives because they limit marijuana to medical use only and all adult use would be criminal. But I don’t have it in me to be that cynical and paranoid.

      • Sean

        Spelling correction: initiatives*

    • Yeager

      Please do. We dont want idots like you

  • johndoe

    Its federal illegal to have guns in your home with pot. will that remain the case?

  • specialb2011

    Yes, move to WA, but then if you want to smoke, sell your car?

    This isn’t a step forward, this is a backwards sidestep.

    They want non-violent offenders. Now they have non-violent law abiding offenders.

    • Sean

      Jesus God, can’t we just celebrate the fact that Washington turned it’s back on the Dark Ages and legalized a beneficent plant?

      • Guest

        Not all of us want to walk or take the bus.

        Some of us what it to be completely legal, without a false sense of security.

      • specialb2011

        Not all of us want to walk or take the bus.

        Some of us want it to be completely legal, without a false sense of security.

    • Chuck

      The only legitimate study done analyzing THC in the blood stream and impairment concluded that even chronic cannabis users have less than 5ng of THC in their bloodstream in as early as a couple hours after smoking a joint. Basically you can get high and wait a couple of hours before you’re good to drive. When asked, most people at 5ng+ of THC in their blood were pretty fucking doped up and should not in anyway be driving.

  • http://www.facebook.com/tmprpich Tami Prpich

    So what does this mean as far as drug testing by employers?

    • Vytautaus

      That’s what I’m trying to find out as well. I live in Wisconsintration Camp (not for long) and have now been wrongfully fired from a SECOND job for “alledgedly” having THC in my urine. (16 total years down the drain) Employers as well as law enforcement, need to come up with better, more precise testing methods. If cannabis is going to be legal and regulated like alcohol, then I should be able to smoke a joint, AFTER work, at HOME, just like any other hard working member of society can stop for a beer or cocktail. Employees should not engage in ANY intoxicant while on the job. But we’ve established alcohol breathalyzers to know exactly how much one may have in their ACTUAL system, like their bloodstream, which may negatively affect one’s judgement. So we need to come up with quick, easy tests as well for THC like a weed breathalyzer ‘r sum shit… IDFK. All I know is I’m relocating West and if I get stuck on my way to Washington, in Colorado working as a Bagger (hehe), well I guess that wudn’t be so bad either. We are potheads. We usually forgive. We sometimes forget. Expect Us.

      • http://www.facebook.com/Alharringtonof Eric Johnston

        The supereme court established companies can choose to drug test or not and set their policies. These laws hold no weight over this decision. Companies still have the right to fire you for intoxication or popping positive whether it is a prescription from a doctor or even your medical card.

    • k9420

      look at my above comment

  • moving

    so if your on parole in another state for weed and you move to say seattle wa. can you smoke weed and not get your parole revoked ??????

  • Mark Edwards

    It is a very positive story, and I am Greatful that the officials in Washington State have followed through with commons sense and honor.

  • Ozaku

    I’m moving to seattle.

    • Joe

      Don’t. It rains all the time here and people are shitty and up their own ass.

    • http://twitter.com/SaintJohn Saint John

      Yeah, as a counter to Joe’s opinion on Seattle, I think Seattle is pretty great. It’s great for herb, and it’s great for music.

  • http://www.facebook.com/faceacerawr Ace Foley

    Why don’t we just start legalizing it everywhere? Why are so many people still stuck in this FEAR stage…? Stop worrying, start hoping. LEGALIZE IT!

    If you live in a state where Marijuana isn’t legal yet and still want the same type of highs, I suggest checking out uIntoxicate.com. It has amazingly detailed legal highs reviews and where to get them without getting ripped off!

    CHECK IT: http://uintoxicate.com/

  • http://www.facebook.com/clint.mann.18 Clint Mann

    Come on Florida I can get a scrip of Oxy by simply paying a co-pay but if I get caugh with weed I go to jail. Stop the pill mills by legalizing weed.

  • Johnny Bloomington

    HEMP FOR VICTORY

    I wanted to let you know about a new petition I created on We the People,
    a new feature on WhiteHouse.gov, and ask for your support. Will you add your
    name to mine? If this petition gets 25,000 signatures by December 13, 2012,
    the White House will review it and respond!

    We the People allows anyone to create and sign petitions asking the Obama
    Administration to take action on a range of issues. If a petition gets
    enough support, the Obama Administration will issue an official response.

    You can view and sign the petition here:

    http://wh.gov/X3tE

    • dan O’Brien

      Dan obrien

  • annoyms

    if im over 21 and have an ounce of weed on me if a cop smells it can i get in trouble or ticketed if im not smokeing it in public? and if im pragnet can it cause a case with the state still with haveing thc in my system

  • JohnM

    If a state such as Colorado, being nothing more than a fictitious entity created upon paper, has the power to legalize cannabis, then ANY HUMAN BEING, all of which are real entities, can choose the same legalization for itself. I neither endorse nor deny the uses and benefits of cannabis…I DO HOWEVER, ENDORSE HUMANS TAKING BACK THE POWER AND AUTHORITY TO BE WHO THEY ARE…AND NOT WHO SOME POWER-HUNGRY TYRANT, TELLS THEM THEY SHOULD BE.

    What manner of cowardice, would be so fearful of assuming responsiblity for one’s own actions, that it would cause one to surrender one’s choice to the dictates of another, who is of no more value nor possesses no greater degree of right, than oneself. Take responsibility…take freedom. Stop allowing our world to be ruled…you are all free, sovereign and eternal entities…not slaves. STOP ASKING FOR/OR WAITING FOR PERMISSION TO BE FREE.

    • Vytautaus

      Expect Us

  • K9420

    if an employer drug tests you and you come up possitive for thc even if your over 21 or have a medical marijuana card, they still have the right to fire you on the spot.

  • http://www.facebook.com/profile.php?id=715823046 Chris Nichols

    ****FLORIDA CANNABIS ACTION NETWORK PRESENTS*****
    — — —The 16th Annual Cannabis Freedom Festival— —- —
    ************** Wickham Park BCC Pavilion**************
    ***************Melbourne Florida*****************
    November 24 at 11:00am until November 25 at 8:00pm
    http://www.flcan.org/

  • Mrrrrt

    Police officers get stoned… now they just aren’t able to confiscate and smoke yours.

  • REGinNM

    II just found I am going to be spending lots of time in Seattle here shortly–good info to know…thanks!

    http://www.indiegogo.com/nelsonproject

    • RandyD

      I just DECIDED I m gonna spend a lot of time in Seattle….staring out at the Sound, or the mountains or maybe a gawking at a Seahwks game at a local pub….gonna pop for some bucks and have a dinner on top of the needle, spinnig around while i groove on the views, then have a big piee of chocolate cake for desert…oh, how bout the Jimi museum? Will likely need public transportation for that one, cuz I’m gonna enjoy my new rights a whle lot on that day!

  • Anonymous

    GOD I LOVE THE POLICE,

    FUCK THE POLICE NO LONGER.

  • mo :)

    What If you get busted for mushrooms
    and have to take a urine test with a probation officer that test for pot too. Will you still get tested for pot?

  • Don

    I dont know why the Seattle PD even bothered, since most of the potheads are just going to tear the pages out and use it to smoke pot….lol

  • stonyRivers

    California needs to step it up now

  • christ

    will i be able to smoke marijuana if im on D.O.C?

  • DAVID

    its dumb asses like this that ask dumb questions like this its called common sense use your brains i dont even smoke pot stop shooting for the grey area stop trying to make a grey area you know its against the law to drink and drive you can have prescription meds prescribed to you u can take them drive and its still against the law you will go to jail if y’all loose this if they veto the bill it will be because of dumb ass people asking dumb ass questions like this and people doing whats wrong going to jail smoking the shit in public and saying shit to the judge ” I did not know your honor” stop being dumb and you will get somewhere use you head .

  • randyD

    I don’t condone it, but most of us have had a few drinks and then we drive, right? And we didn’t get busted, right? Right because we were still able to drive under control and not bring any attention to ourselves…well it will be even easier to for the experienced pot smokers….Not to much to worry about as long as youdo do any thing wild and do’t have a major accident.

  • Joe

    What abotu u a’s? Any information on that yet?