Despite the fact that Washington state legalized
possession of an ounce of marijuana by adults, legal questions still remain.
A legal haze
descends on Washington state pot smokers Thursday, when possession of up to an
ounce of marijuana by adults becomes legal, but growing and selling it remains
a crime.
Initiative 502, passed last month by Washington
voters, legalized recreational marijuana use starting December 6, but it will
take a year before there are rules for growing and selling it. "It begs
the question, if they can't buy it through a medical marijuana shop, which only
people with a prescription and medical marijuana license can, how do they get
it?" Washington State Liquor Control Board spokesman Brian Smith said
Wednesday.
Growing and selling marijuana will still be prosecuted
as a felony, King County Prosecutor Dan Satterberg told CNN. "So I'm not
sure where you're suppose to get it," Satterberg said. "If you
stumble across some on the street or it falls from the sky, then you can have
it. Otherwise, you are part of a criminal chain of distribution."Until the
state takes over managing marijuana sales, the black market will thrive as it
meets consumer demands, Satterberg said.
Recreational pot smokers in Colorado could gain
quicker legal access to marijuana thanks to that state's "sophisticated
and pretty elaborate" medical marijuana system already in place, Smith
said. Gov. John Hickenlooper has up to a month to sign into law Colorado's pot
decriminalization initiative after its passage is certified Thursday.
Trafficking in marijuana is still a federal crime, but
the governors of Washington and Colorado have appealed to U.S. Attorney General
Eric Holder to clarify how the Justice Department will view recreational pot
sales in their states. "We don't want to go and spend serious resources
only to have it stopped by the federal government," Smith said. "It
would sure help Washington state if they weighed in and made clear their
expectations."
The Justice Department is reviewing the new state
laws, the U.S. attorney's office said Wednesday. But it said that the
department's responsibility to enforce the Controlled Substances Act has not
changed. "Regardless of any changes in state law, including the change
that will go into effect on December 6 in Washington state, growing, selling or
possessing any amount of marijuana remains illegal under federal law. Members
of the public are also advised to remember that it remains against federal law
to bring any amount of marijuana onto federal property, including all federal
buildings, national parks and forests, military installations and
courthouses."
Twenty Colorado business groups have appealed to
Holder to enforce federal pot laws, because of questions about how to deal with
workers who are high. "There is uncertainty about our ability to terminate
employees if they come to the job impaired," said Sandra Hagen Solin of
the Northern Colorado Legislative Alliance. "There are obligations that we
have under the drug-free workplace. There are a lot of questions that have
arisen."
Satterberg predicted the Justice Department will
intervene with a lawsuit, which could drag on for years. Seattle police offered
a guidebook explaining Washington's new law.
People over 21 can 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 guide says.
"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," it adds. "Also, you probably shouldn't
bring pot with you to the federal courthouse (or any other federal
property)." "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 remains illegal,"
the book says.
Growing marijuana at home and selling it to friends or
family remains against the law, the guide says. But, it adds, "In the
future, under state law, you may be able to get a license to grow or sell
marijuana."
Smoking pot in public, like having an open beer,
"could result in a civil infraction -- like a ticket -- but not
arrest," it says. "You can certainly use marijuana in the privacy of
your own home," the guide says. "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."
What if an officer suspects a motorist is under the
influence of 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," it says. "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."
No longer will the smell of marijuana emanating from a
vehicle lead to a search unless the officer has "information that you're
trafficking, producing or delivering marijuana in violation of state law,"
it says.
Seattle does not hire police officers who have used
marijuana in the previous three years, but the department is consulting its
lawyers "to see if and how that standard may be revised."
Pot use and possession by anyone under 21 is still a
violation of state law. "It may be referred to prosecutors, just like if
you were a minor in possession of alcohol," the police guide says.
The ban by universities and colleges on smoking pot on
campus is not expected to change.
SOURCE:
CNN
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