First of two parts
Possession of small amounts of marijuana becomes legal in Washington on Thursday, and law enforcement agencies across the North Olympic Peninsula want to make sure the area’s residents know where police and sheriff’s deputies stand on the new law.
Washington voters passed Initiative 502 with 55.7 percent of the vote in the Nov. 6 general election, with Clallam County voters supporting the measure by 55 percent and Jefferson County voters supporting it by 65.2 percent.
On Thursday, it will be legal for individuals 21 and older to possess up to 1 ounce — roughly 28.3 grams — of marijuana for recreational use.
Clallam County Prosecuting Attorney Deb Kelly has announced that her office will dismiss five pending misdemeanor marijuana possession and paraphernalia charges, while Jefferson County Prosecuting Attorney Scott Rosekrans has said he will wait until Thursday to make a decision.
What follows is a question-and-answer primer on how law enforcement agencies across the Peninsula are planning to handle the new law.
This information has been complied from news sources, interviews and information distributed by the Port Angeles Police Department, the Port Townsend Police Department, the Jefferson County Sheriff’s Office and the Olympic Peninsula Narcotics Enforcement Team (OPNET), as well as the Seattle Police Department, which published a question-and-answer on the topic:
Q. Can I legally carry an ounce of marijuana for personal use?
A. Yes, if you are 21 or older, according to state law, but not federal law.
Since possession of any amount of marijuana is still illegal under federal law, people should not possess marijuana on federal property or lands, which would include Olympic National Park and Olympic National Forest.
Additionally, possession, use and sale of marijuana-related drug paraphernalia will no longer be a crime or civil infraction under state law.
The initiative says it “is unlawful to open a package containing marijuana . . . in view of the general public.”
Q. Where can I legally buy marijuana?
A. The Washington State Liquor Control Board is working to establish guidelines for the sale and distribution of marijuana. The Control Board has until Dec. 1, 2013, to finalize those rules.
In the meantime, production and distribution of non-medical marijuana remains illegal.
Q. So, where do I get a legal amount of marijuana?
A. North Olympic Peninsula law enforcement officials say non-medical amounts of marijuana cannot be legally procured until the State Liquor Control Board establishes a framework for the legal sale and distribution of marijuana.
Most law enforcement officials interviewed for this Q&A do not plan to put much focus on where an individual procured a legal amount of marijuana unless presented with evidence of transporting or distribution of marijuana, which will still be illegal until the proper framework is established.
Deputy Port Angeles Police Chief Brian Smith, made it clear, however, that the Port Angeles Police Department is still determining how it will deal with this issue.
Q. Does I-502 affect current medical marijuana laws?
A. No, medical marijuana laws in Washington remain the same as they were before I-502 passed.
Q. Can I grow marijuana in my home and sell it to my friends, family and co-workers?
A. Not right now. In the future, under state law, you may be able to get a license to grow or sell marijuana.
Q. Can I smoke pot outside my home? Like at a park or on the Olympic Discovery Trail?
A. Much like having an open container of alcohol in public, doing so could result in a civil infraction — like a ticket — or an arrest if such behavior is deemed to be a prohibited act in a city or county park.
Use of marijuana in public could result in a citation or notice of infraction, which could result in a fine of $103, but no arrest or jail time.
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.
Q. Can I smoke pot in Olympic National Park or Olympic National Forest, or hike in either area with pot in my backpack?
A. No. Since both areas are federal property, and possession or use of marijuana is still a federal crime, neither are allowed in national parks or national forests.
Q. What about on the Peninsula College campus?
A. No. According to Jack Huls, Peninsula College vice president for student services, smoking marijuana remains prohibited on campus since I-502 has not changed the college’s student code of conduct.
Doing so can still result in a range of sanctions, Huls said, ranging from a warning to expulsion.
Additionally, the college would no longer be eligible for federal student financial aid if marijuana possession or smoking were allowed on campus, Huls explained.
Q. What happens if I get arrested and taken to jail for some other offense and I have a legal amount of pot on me?
A. The marijuana will be seized and destroyed, according to OPNET.
While legal to possess, marijuana is deemed “derivative contraband” and, as such, cannot be allowed in the jail.
Q. Will law enforcement officers be able to smoke pot?
A. No, since it is still a federal crime.
Q. What happens if I get pulled over and an officer thinks I’ve been smoking pot?
A. If an officer believes you’re driving under the influence of a drug, he or she will conduct field sobriety tests to look for signs of impairment and possibly consult with a drug-recognition expert.
If officers establish probable cause, they will take you into custody, ask you to submit to a blood test and (depending on the circumstances) may apply for a search warrant from a judge to draw your blood for testing.
Beginning Thursday, Washington law will presume a driver with a blood THC concentration of 5.00 ng/mL or higher to be under the influence.
It will be unlawful for drivers younger than 21 to have any amount of THC in their systems.
A person driving on Washington’s roadways will be presumed to have given consent to a test of his or her blood for the purposes of determining THC concentration.
If you’re in a serious wreck, then a blood draw will be mandatory.
Officers can apply for a search warrant if a blood draw is refused.
Q. What happens if I get pulled over and I’m sober, but an officer or his K-9 buddy smells the ounce of marijuana I’ve got in my trunk?
A. Under state law, officers have to develop probable cause to search a closed or locked container.
Each case stands on its own, but 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.
Officers also can notify federal authorities who may choose to respond to the scene and enforce federal law.
Additionally, police K-9s — police dogs — are trained to detect the odor of a number of illegal substances. When the dog alerts, the handler cannot know what substance has been detected without actually looking.
Q. The police seized a bunch of my marijuana before I-502 passed. Can I have it back?
A. No.
Monday: Of-age students across the state won’t be able to use marijuana because of college and university codes of conduct.
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Reporter Jeremy Schwartz can be reached at 360-452-2345, ext. 5074, or at jschwartz@peninsuladailynews.com.
