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Marijuana Prosecutions Dropped
Posted by CN Staff on November 10, 2012 at 07:37:14 PT
By Jonathan Martin, Seattle Times Staff Reporter
Source: Seattle Times
Washington -- Prosecutors and police in Washington moved Friday to swiftly back away from enforcing marijuana prohibition, even though the drug remains illegal for another month.On Friday, the elected prosecutors of King and Pierce counties, the state's two largest, announced they will dismiss more than 220 pending misdemeanor marijuana-possession cases, retroactively applying provisions of Initiative 502 that kick in Dec. 6.
In King County, Dan Satterberg said his staff will dismiss about 40 pending criminal charges, and will not file charges in another 135 pending cases. Pierce County Prosecutor Mark Lindquist said he will dismiss about four dozen cases in which simple marijuana possession was the only offense."I think when the people voted to change the policy, they weren't focused on when the effective date of the new policy would be. They spoke loudly and clearly that we should not treat small amounts of marijuana as an offense," Satterberg said.The Seattle police and King County sheriff also announced Friday their departments would no longer arrest people for having an ounce or less of marijuana, the amount decriminalized by Initiative 502, which passed Tuesday.The quick pivot by law enforcement reflects Tuesday's unambiguous vote in which 20 of the state's 39 counties endorsed I-502, 55 to 45 percent.Misdemeanor marijuana possession had not been a police priority in Seattle for years, but a study released in October found it was elsewhere: more than 241,000 people statewide were arrested for possession over the past 25 years, at an estimated cost of more than $305 million.I-502 campaign manager Alison Holcomb said the decision by police and prosecutors affirms the campaign's argument that legalization would shift law-enforcement priorities."If 502 hadn't passed, we'd see the same amount of marijuana possession cases every year," said Holcomb. "What makes a difference is changing the law.""People Have Spoken"In interviews, Satterberg and Lindquist said their decisions do not amount to a free pass for marijuana, and the number of cases were so small that it won't save much money. But both said their decision reflected the voters' intent in passing I-502's decriminalization of marijuana for people 21 and over, and for an ounce or less.The affected cases in King County involve arrests in unincorporated King County, on state highways or at the University of Washington. Satterberg said his staff will continue to prosecute felony marijuana cases, but found, "There is no point in continuing to seek criminal penalties for conduct that will be legal next month."Lindquist agreed. "The people have spoken through this initiative," he said. "And as a practical matter, I don't think you could sell a simple marijuana case to a jury after this initiative passed."The maximum penalties for misdemeanor marijuana possession are 90 days in jail, with one day mandatory, and a $1,000 fine, although most cases are resolved for less.Snohomish County Prosecutor Mark Roe said in an email that his staff had put marijuana cases "on hold" before the election, and will decide how to handle them after speaking with other prosecutors at an upcoming meeting.After budget cuts, Roe said his staff has focused on more serious cases. "It simply hasn't been a big part of our work," he said."Equitable Decision"Prosecutors across the state will decide whether charging possession cases would be contrary to "the new known intent of the law," said Tom McBride, executive director of the Washington Association of Prosecuting Attorneys.He doubted that prosecutors would agree to overturn existing marijuana possession convictions, and prosecutors could clearly enforce existing law up until Dec. 6. "It is an equitable decision, not necessarily a legal one," he said.Other agencies are also sorting out I-502's implications. The UW and Western Washington University reaffirmed that marijuana use on campus would still be banned, even after Dec. 6, because of zero-tolerance strings attached to federal funding."While Western abides by all state laws, it also must follow all federal laws and I-502 creates a conflict between the two," WWU said in a statement. "When state and federal laws are in conflict, federal law takes precedence."Because of that conflict, Satterberg said he expects federal authorities to sue to stop Washington from issuing marijuana retailing and growing licenses."It's the kind of issue the U.S. Supreme Court will have a final word on," Satterberg said. "It's an important states' rights issue."Source: Seattle Times (WA)Author: Jonathan Martin, Seattle Times Staff ReporterPublished: November 9, 2012Copyright: 2012 The Seattle Times CompanyContact: opinion seatimes.comWebsite: http://www.seattletimes.com/URL: http://drugsense.org/url/OTgPK1oHCannabisNews -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml
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Comment #9 posted by schmeff on November 13, 2012 at 12:59:24 PT
Add Up the Numbers
There are several hundred pending cases that are discussed in this article that are to be dropped.We've been told for years that hardly anyone is arrested for simple possession these days."In interviews, Satterberg and Lindquist said their decisions do not amount to a free pass for marijuana, and the number of cases were so small that it won't save much money." Several hundred cases PENDING. So small. Hardly worth mentioning. Hundreds of people snared in the criminal 'justice' system. Lawyers fees, court fees, fines, trips to court, lost work time, lost wages. "...it won't save much money."Even in defeat, these prohibs reveal themselves as pigs.
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Comment #8 posted by FoM on November 12, 2012 at 09:12:37 PT
Excerpt From Politico Article
Excerpt: This year, Nadelmann said, the administration hasn’t said anything other than their single statement that the laws haven’t changed — despite urgings from the drug law enforcement community to come out strongly against the measures.
“You saw that the Obama administration held back in the states,” Nadelmann said.
Citing private conversations between Obama and big Democratic donors or Latin American leaders relayed to him second-hand, Nadelmann said that the tea leaves pointed to a shift in drug policy in the second term.
“I wouldn’t hang my hat on that. It’s just to say that there may be a more reasonable approach to all this,” Nadelmann said.Complete Article: http://www.politico.com/news/stories/1112/83686.html
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Comment #7 posted by Had Enough on November 11, 2012 at 22:02:06 PT
Thrashing sounds…
…of a wounded dinosaurs...???…maybe… He deserves credit though for dismissing the cases…but then again he holds an 'elected' position…not an appointed position… :)“”Because of that conflict, Satterberg said he expects federal authorities to sue to stop Washington from issuing marijuana retailing and growing licenses.
"It's the kind of issue the U.S. Supreme Court will have a final word on," Satterberg said. "It's an important states' rights issue."”Correct… It is a “states' rights issue”…agreed…a very important one…and the good people of Washington voted according to all rules regulations and all other impeding laws of the ‘state’ to end this madness…sounds important to me alright…It also ‘might’ sound important to all those people arrested and had their lives ruined in the past too…
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Comment #6 posted by Sinsemilla Jones on November 11, 2012 at 18:34:08 PT
Sanjay Gupta has changes his tune!
It's so nice to see so much pot talk on mainstream TV!Still a lot of giggles and jokes, as Jon Stewart pointed out the other night, but...Soledad's CNN morning show had a group talking about it, Thur or Fri, and Don Lemon, was very vocal about pot being safer than cigs and alcohol, and...Lo and behold, Sonjay Gupta said that it wasn't anecdotal anymore, if you don't smoke it and are over age 15, it's safe to use!
[ Post Comment ]
Comment #5 posted by FoM on November 11, 2012 at 12:11:53 PT
Marijuana Laws Should Be Decided By States
Jerry Brown: Marijuana Laws Should Be Decided By States (VIDEO) URL: http://www.huffingtonpost.com/2012/11/11/jerry-brown-marijuana-laws_n_2113760.html
[ Post Comment ]
Comment #4 posted by fight_4_freedom on November 10, 2012 at 21:33:01 PT
Indeed Hemp World
I was more excited to see they were doing this to the pending cases than anything. Did not think they would go that far. Oh I can't wait to see what the feds statement reads. Thanks to all who've helped out in your own state. Slowly but surely the dominoes are falling. Disappointed Michigan didn't get enough signatures this year so we could have been the 3rd state to do it. We didn't have the financial help that the other states had. Not a great excuse, but it makes a big difference. I'm just so happy for cannabis reformers like us!It's finally here!!!
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Comment #3 posted by afterburner on November 10, 2012 at 13:54:21 PT
The Times They Are A-changin' ... FAST!
The American Public Is Doing a 180 on Marijuana Prohibition...How Come the Politicians Aren't?
By Mark A.R. Kleiman, Salon.
Public opinion on marijuana is moving fast, and pols will eventually follow. READ MORE»
http://act.alternet.org/go/27463?t=11&akid=9672.313040.U3_UvC B.C. Pot Activist Wins $25M Jackpot.
CBC | Posted: 11/10/2012 2:15 pm EST Updated: 11/10/2012 3:16 pm EST
http://www.huffingtonpost.ca/2012/11/10/bob-erb-lotto-max-jackpot_n_2110139.htmlWhich US States Are Profiting From Marijuana Taxes.
WalletPop Editor.
Filed under: Investing, Weird & Wonderful.
By Jonah Loeb and Chris Graf.
Minyanville
http://www.walletpop.ca/blog/2012/11/09/which-US-states-profit-most-from-marijuana-taxation/
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Comment #2 posted by HempWorld on November 10, 2012 at 11:37:55 PT
Thank you to everyone who helped make this
a reality! FoM everyone on this website and others, to all who made this possible, etc. etc.THANK YOU!
Legalize it!
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Comment #1 posted by HempWorld on November 10, 2012 at 11:35:24 PT
This is one of the most gratifying articles
that I've seen, since the vote. Very cool! Feels good knowing that peoples lives will be better after this and because of this!
[ Post Comment ]
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