History was made in Washington on Election night when 55 percent of voters decided in favor of Initiative 502. And at 12am this morning, history was made once again.
Today, for the first time in 89 years (Washington lawmakers initially outlawed cannabis in 1923, 14 years ahead of the enactment of federal prohibition.), an adult may possess up to one ounce cannabis (and/or up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) for their own personal use in private — and they may do so without being in violation of state law.
To be clear: This is not decriminalization — a policy change that amends criminal penalties for minor marijuana offenses, but that continues to define cannabis as illegal contraband under the law and subjects its consumers to civil penalties. Today in Washington, cannabis — when possessed in private by an adult in specific quantities — is a legal commodity. (By contrast, public consumption of cannabis is a civil violation. Existing penalties regarding home cultivation for non-patients remain unchanged. Rules regarding the regulated sale of cannabis to adults are to be codified later next year.)
Nevertheless, the immediate statutory changes effective today provide unprecedented legal protections for adult cannabis consumers. Rather than presuming cannabis to be illicit, and that those who possess it are engaged in illegal activity, the enactment of I-502 mandates law enforcement and prosecutors to presume that cannabis is in fact legal, and that those who possess it in personal use quantities are engaged in legal activity, unless the state can show that there are extenuating circumstances proving otherwise. Moreover, since up to one ounce of cannabis will no longer be classified as an illicit commodity under state law, police will have no legal authority to seize it from lawful adults. Finally, police will arguably no longer be permitted to legally engage in ‘fishing expeditions’ when they encounter cannabis in ‘plain view’ –- such as in someone’s home or in their car. Since marijuana is no longer defined as contraband, state police will no longer have sufficient cause to engage in a further search of the area because, legally, no criminal activity has taken place.
Yes indeed, the dominoes are falling and more will fall imminently. (Colorado’s legalization measure will take effect in early January.) And there is very little that the federal government — which on the eve of legalization said only that it is ‘reviewing’ the new law — can do to stop it. States are not mandated to criminalize marijuana or arrest adult cannabis consumers and the Federal government cannot compel prosecutors in Colorado or Washington to do otherwise.
Like alcohol prohibition before it, the criminalization of cannabis is a failed federal policy that delegates the burden of enforcement to the state and local police. How did America’s ‘Nobel Experiment’ with alcohol prohibition come to an end? When a sufficient number of states enacted legislation repealing the state’s alcohol laws prohibition effectively discontinued. With state police and prosecutors no longer enforcing the Federal government’s unpopular law, politicians eventually had no choice but to abandon the policy altogether.
History now repeats itself.
Today is my birthday…
I could not have asked for a better gift than this…
We can thank men and woman similar to Emile Zola for STANDING UP FOR OUR RIGHTS, and CRUSHING federal propaganda and dismissing it once and for all from our lives!
I will leave you with a quote from Emile Zola himself, “If you shut up truth, and bury it underground, it will but grow.”
Taken almost 90 years, but our hemp is free once again… Praise God!
Even if the DEA could enforce possession laws in WA and arrested anyone for it,,the jury would be made up of citizens that voted the activity legal.
And if they tried moving the trials to another state the US Attorney trying prosecuting the case will have to convince jurors that a vote by the majority of it’s citizens means nothing to federal law.
While lawyers and law professors might believe the claims of federal law trumps state law but layman citizens still believe the people run this country and gaining a conviction would be harder than getting a hung jury or even nullification.
Sixty years ago the federal governmnent sprayed all hemp & cannabis on the Spokane Indian reservation with defoliats. To this day we are not allowed to use this native plant for medicine. A plant that was used traditionally for medicine, as well as spiritual usage. This law has done nothing for indians who are un-willing to leave thier homes, even Wa state medical card holders like myself. Assimilation is still a joke, to us! We will never be equal, until we are treated equally! With that said, I am happy for the leap of faith that all Washington voters took! It is not a demon weed, it is medicinal plant, treat it with respect! And it will grow wild once again, if only off reservations!
One thing that lawmakers should know…is that pot is a satisfying herb..It’s powerful enough to make you feel good but when you don’t have any you are not going out to desperately seek more by robbing or killing. If the pot laws had been changed back in the 60s there would not be such an appetite for hard drugs..You can argue the point all you want but look at the statistics..the pot rich sections of the country have less hard drug use and violent crime. Back east the pot is crap and crack is the choice of youth.Stupid pull your heads out.
With the Fiscal Cliff… now is the time to really push the Feds on legalization, Regulation and Taxation as a way to save and gain money… instead of spending, spending, spending on the war against.
Thank you all for your work. As a Washingtonian it feels great knowing that if a jerk with a badge (not to be confused with a good cop) smells my herb, my life won’t be upended. What a world!
I remember the schools teaching me that smoking pot fried one’s brain like an egg. Ha! They brainwashed me well! About ten years ago, I saw the light and learned how insidious the lies were.
Thank God for this.
(oh, could someone at NORML please update the Washington state penalties section? It would be grand to see it updated.)
thanks to this bad law untill the marijuana stores open dont get cought buying it selling it or sharing it with anyone becouse if you READ the law it is flat out illegal for everything except having it in your pocket.And to my norml director who on my last comment when i mentioned there isnt anywhere to buy it and he told me i didnt know what i was talking about how about you read the law before you open your mouth.
[Paul Armentano responds: Annually, some 90 percent of all marijuana arrests are for possession only offenses. I-502’s immediately provisions seek to address and eliminate the majority of arrests presently associated with cannabis. This is a step forward. Regulations regarding state-sanctioned production and sales will be finalized in 2013.]
How are people in Washington and Colorado to purchase this legal marijuana? Are stores going to sell it or is that something that has not been determined yet?
From here in Toronto, Canada, I love you, Washington (and Colorado)! You and Colorado are leaders on the global stage! Thank you for making many people’s dreams a reality!
It’s great that this has happened, but it’s still illegal to grow it or sell it….so how are people supposed to acquire the marijuana that’s now legal for them to posses? I guess we will just have to continue breaking the law…..
We still have a Big problem, You can possess but you have a problem right now with purchasing,Until Dec 2013? Where is it going to come from if you cannot legally grow it yourself? Let people grow! At least for now, The whole idea behind Re-Legalization is to take it OFF the “Black Market” NOT give them MORE Business!
Fed`s need to step up now and remove it from the Controlled Substances list and leave Cannabis Laws up to the Individual States. Cannabis laws have “Gone over a Cliff” (pun intended)and times have changed, Bring back Hemp farming and Re-Open a very old and very Valuable Industry.
Do not get caught buying weed with or without this law i posted on here before that this law does not allow you to just go buy it you have to buy it from a state store and paul posted i didn’t know what i was talking about ect even tho i was reading it right out of the law well here you go http://www.thenewstribune.com/2012/12/06/2392478/new-law-helps-little-if-you-want.html there is your Q and A about how it works and guess what exactly as i said before sharing selling and gifting are still a felony if you pass me a joint your breaking the law and you CAN NOT just go buy it anywhere and its legal its legal to have in your pocket yes but if you are seen buying it anywhere but the state stores your committing a felony and to say otherwise would be lying.So just be extra careful because it is not what most people think this law is.And if you still think i don’t know what im talking about then lets get some email chat going paul.
Since consuming “marijuana infused products” are legal, can someone by baked goods and ship them to another state? I’m not asking a favor (though I’d gladly pay for the shipping) but a legal question.
The weed!
So you can only have an ounce? That doesn’t sound very legal…. Why not allow ANY amount? Honestly an ounce for serious smokers only last two or three days.
Hi All don’t forget to tune in tomorrow on you tube for “Breaking the Taboo” a new potumentry with Morgan Freeman doing some narrating and some ex-politicians chiming in.
I dare ‘any’ entity in the U.S. that would normally be responsible for Marijauna enforcement or prosecution to cause or create an issue as it pertains to the two new state laws that are and/or will come into effect!
Almost there, Colorado here i come to grow and be enriched. Y’all just stay where you are!
small fact check: I-502 actually won 56-44 (rounding up), with all votes counted.
http://vote.wa.gov/results/current/Initiative-Measure-No-502-Concerns-marijuana.html
Smoked legal weed with my adult son last night at midnight. How sweet it is!
Right now, the Feds are probably litigating a new provision to the law……..on how much more easier it will be for them to put Americans in prison !!
Colorado will be first……..
The DEA will set up small units that will observe, then obtain warrants, then make their own arrests !!
They will probably train ex-military that have been to Iraq and Afganistan !!
Since Iowa was one of the first to legalize a fairly liberal policy of allowing gay marriage, im willing to bet that a policy of common sense will come forth in the form of marijuana legalization. C’mon Hawkeyes!!!! Don’t leave me hangin like curing weed
I will seriously move to Seattle or Denver if Pennsylvania is last to legalize in a few years. Although we haven’t fully won YET, this is a MAJOR battle won. Thank God. Pot is a gift. Especially nugs/good mids. We have to keep momentum going and not give up ever till we get humane(caring) laws. Not until we have “Pot Shops” in every town in America.
>Claygooding
I think a jury would be instructed that if they were providing judgement on a case prosecuted under federal law to only consider that federal law and not the state law. That said a jury can choose to find anyone not guilty (even if overwhelming evidence said they were). I think you are right about the prosecutor not wanting a washington state jury – they would be rejected on the basis that they would not give a fair trial. By the same token the defence could have a very good argument for not being tried out of state on the same grounds. So the case may get kicked around and sent through endless re-trials. The Feds don’t want this – they want to bust as many people as possible and get them tried quickly then sent to penitentiaries for a very long time.
It may be that Federal law enforcement just fills their quotas elsewhere in states that don’t have these laws. Or they may camp on the WA state line and catch those returning home with cannabis to neighbouring states – that would be like shooting fish in a barrel for them and they could point to a massive increase in lawlessness as a consequence of the new policies. I really do think the prohibitionist argument will now be to portray the Washington and Colorado laws as a failure and hope to stop support for the legalisation movement that way. It’s their only move – but as I see it they are already in ‘check’ and have no effective strategy for avoiding ‘ checkmate’ in a few moves.
The liberties of our country, the freedom of our civil constitution, are worth defending against all hazards: And it is our duty to defend them against all attacks.
Samuel Adams
God had nothing to do with it. God does not exist. It took hard work and rational people analyzing the facts. It’s Evolution Baby!
Way to go Washington state congradulation yall have beat the marijuana prohibition I,m proud of you guys.Now legal? smoke all you want WOW!!!!!!!!!!! Far out!
Is England likely to follow what the USA does in allowing the possession of cannabis as it follows the country to war why not this
Wonderful – guess which state I will never visit – can you imagine more people driving while high – who dreams this stuff up
In the penultimate paragraph it should be noble, as is high-minded, not Nobel, as in the prize.
Thanks for an informative article.
This is great news!
In The Netherlands, there is an expert whom the web site coffeeshopnieuws.nl is touting as having figured out a way that cannabis cultivation and regulation is legal within international treaties. The expert’s name is Ybo Buruma. Their link will take you to drugtext.nl.
This is worth looking into, however you have to know Dutch or have someone translate it. You could try a machine translation, but I’ve found those to be substandard. Our legalization counterparts in Europe, I’m sure, will be willing to provide us with an accurate English translation.
Please look into it. It could mean more great news.
So are hashish & concentrates legal there too?
[Editor’s note: Cannabis is legal in WA and CO…including hash, edibles, infused oil, etc.]
I got shivers reading some of these parts, they seem so unreal:
” . . . since up to one ounce of cannabis will no longer be classified as an illicit commodity under state law, police will have no legal authority to seize it from lawful adults. . . . ”
Just feels so strange. So used to the idea of cops frisking, discovering bud, confiscating bud, and maybe slapping on the cuffs, that it feels like a mind warp.
Somebody pinch me!
Now we’ve got to get it legal in other states, to take the pressure off the good folks in Wash and Colo. All I can say is, hip hip hooray!
@ Frank,
I’m sure the happy people in Wash will all shed a collective tear at your threat to never visit. So, in your tortured mind, making MJ legal suddenly will prompt every stoned person to suddenly want to get behind the wheel. Take a sip of your martini and settle down.
@Frank there are DUI laws for marijuana. By your reasoning you should never get on the road due to drunk drivers since they are legal to drink what ever they please whenever they have it so long as it’s not in public. Please refrain from making stupid statements.
Just thinking about going to Red Rock, seeing my favorite band and buying a dubi instead of beer.
@Frank – I’m pretty sure you would not enjoy living in Washington now that a bit of the people’s liberties have been restored there. I think Oklahoma is the place for you and others like you. Millions of us have dreamed of making marijuana legal again for many many years.
It shows poor planning on the states part. They must have known by the polls that legalization was going to pass. They could let the medical dispensaries handle sales for now. You now have a state where eating food is legal but selling food is not. I do not get why it will take a year to get a plan in place. You could let people who own a currant dispensary add another or expand their currant store to start out with. Also use currant growers. I would be fearful that this lack of planning is going to jeopardize this joyful event. Opportunist are being invited to fill this void by breaking the law and will kill a good thing in the process.
Yeah really, this law needs a rehab already. How can pot be legal, if it cannot be grown and cultivation is illegal. This is decrimizations. Only Colorado has actually legalized marijuana.
Washington has the best decrimimalization law. But if police can still steal your plants and arrest you, it ain’t legal folks and it affectively directs current marijuana users toward the black market and crappy Mexi-weed. They need to start issueing licenses much sooner than 2014! This law guarantees a market for 100% illegal marijuana for at least one full year. The huge hole will be filled with all sorts of problems, if they don’t issue some kind of temporary permits for 2013 cultivation season.
I don’t think the goal here is to change from 90% arrests for minor possession to 90% arrests for minor cultivation of a few plants. Seriously, it is going to take years to figure out how to issue licenses? Don’t they already know how to do that??? Here’s a simple rule: Buy a license and you can grow up to three large females for 2013, after harvest you can put another three into bud; it expires in 2014 when the shops open.
Is it really that hard to think of good ideas?
Let me guess, that simple rule is just too simple and fair for control freaks, right?
@Frank
“”Wonderful – guess which state I will never visit – can you imagine more people driving while high – who dreams this stuff up””
A favorite quote of prohibitionist is that driving high on marijuana doubles your chances pf having an accident.
It also happens that driving 5mph over the speed limit doubles your chances of an accident.
Any fines or legal actions taken against drivers high on marijuana should be the same as those on driving 5mph over the speed limit since both introduce the same amount of risk to other drivers and both are the drivers choice.
To the guy above that was talking about them posting up on state line and catching travelers, well you are absolutely right on so many levels, but it isnt the feds.
I made a trip this morning to SW Kansas from my ranch SE Colorado to come visit some family for the holidays. As soon as i crossed over that state line: Checkpoint 5 miles into Kansas, stopped, they noticed the Co tags, was selected for “random” (my ass!) check and instructed to pull into a small waiting area they had set up, ofcourse i was asked if they could search, i told them politely “no”. After being threatened and intimidated by 5 different county sherrifs at this ONE checkpoint, they tried to bring the dog in but couldnt use him due to my tires being covered in roadkill, and was told to leave.
I get into my relatives town, and wasnt there but 5 minutes and was stopped on the basis of a bogus city “ordinance” on people living there and keeping out of state tags on their vehicles, i stated i was just in town to visit my relatives for the holidays and was completely ignored. Again i was asked if they could search, again i said no, then the dude said he smelled pot(no frackin way i didnt bring any!) and since im out of colorado then i MUST have some. was handcuffed, stuffed into the back of a police car and watched the guy literally shred the inside of my ride, getting pissed that he couldnt find anything he called some of his buddies in to berrate and harass me into telling them “where the bud was”. the entire time i just sat there, silently, with a big grin on my face. After a FULL HOUR 1/2 i was given a breathalizer and sent on my way. My family and I are going up to Wichita to meet with the Kansas ACLU on this matter as we cant go local without fear of reprisal. My seats are ripped, there are ashes and ciggerette butts everywhere from the cop literally tossing them all over the car, my gear shift boot is torn to shreds, my center console is completely broken, it honestly looks like i rolled it a few times and somehow all the damage was on the interior. needless to say, i am P.I.S.S.E.D.!
Im ready for Arkansas and Missouri to get their shit together and make some ppl’s lives easier whikle having more tax money …Come on Hillbillys??
Im ready for Arkansas and Missouri to get their shit together and make some ppl’s lives easier while having more tax money …Come on Hillbillys??
It is expected that more states will follow with similar ballot proposals since states now know WHAT IS POSSIBLE because of CO and WA precedent setting victories.
Not all 50 states will have to legalize it for the federal status (arbitrary CSA scheduling) of cannabis to change and finally put an end to an unscientific and corrupt scheduling system.
Only 2/3 of states would need to pass similar laws, 33.
There are already 18 states that passed medical cannabis laws.
And re: comment above, People who regularly use cannabis, as a part of their daily lifestyle, stop getting stoned in the way they are affected by cannabis after a period of non-use or as a beginning cannabis user.
Studies have shown that regular cannabis users are predictably more cautious and less accident-prone, in general, than non cannabis users.
The drug war commercial about “driving stoned” was sort of a dishonesty. With a background of flashing emergency lights, the voice-over talks about marijuana-related crashes resulting in fatalities.
They forget to mention that the statistics they used were for people involved in auto fatality cases where the person was drunk on alcohol and also tested positive for cannabis.
That detail is significant enough to claim that the commercial was another deception from drug war propaganda (misinformation and disinformation)
statistics in tho commercials are deceivingly presented because in all those cases they cite, the drivers were also drunk on alcohol, besides cannabis.
Hey NORML!
This is a great day for us Washingtonians, and American liberties in general. It brought tears to my eyes, and I am so proud to live in this great state. After 20 years of fighting for this cause, I am more confident than ever that we can vigorously attack federal policy (on some points by their very own definitions) and get the feds either looking the other way, or supporting our rights outright.
But this is only the first step, a mere chink in the armor of the prohibition titans.
The next steps we should go after are:
1) Getting an exemption for marijuana from the Controlled Substances Act for states that legalize marijuana for recreational use
2) Getting marijuana rescheduled from a schedule 1 to a schedule 4 narcotic (by the DOJ’s own definitions this should have already been done!)
3) Shifting jurisdiction of marijuana related issues from the Drug Enforcement Agency to the Bureau of Alcohol, Tobacco and Firearms
4) Sharing a portion of the collected taxes with the federal government, much like alcohol, to offset the money the federal goverment is going to lose by not siezing (read: stealing) peoples’ homes, cars, boats and bank accounts – like they do right now.
Please keep up the good fight!
I will continue to fight until we have JUSTICE once and for all.
Peace! Louis
A Way of Life by “Emancipated”
http://marijuana-uses.com/a-way-of-life-by-emancipated/
“Based upon my own personal experiences and the experiences of a close associate I have come to formulate a number of theories as to how marijuana can be used not simply as a recreational “party” drug but as what I like to refer to as a way of life. Simply, for me, it has become such and I feel my story helps to bust many of the current marijuana myths while at the same time promoting the many benefits of its use.”
=====
A Cannabis Odyssey: To Smoke or Not To Smoke by Lester Grinspoon
“,,,I was 44 years old in 1972 when I experienced this first marijuana high. Because I have found it both so useful and benign I have used it ever since. I have used it as a recreational drug, as a medicine, and as an enhancer of some capacities. Almost everyone knows something of its usefulness as a recreational substance, growing numbers of people are becoming familiar with its medical utility, but only practiced cannabis users appreciate some of the other ways in which it can be useful. It has been so useful to me that I cannot help but wonder how much difference it would have made had I begun to use it at a younger age.
…And most non-users, until they become aware of its medical value, believe that smoking to party and hang out pretty much defines the limits of its usefulness. This stereotype is powerful, and reactions ranging from puzzlement to outrage greet claims that this party drug could be useful as medicine or for any other purposes.
…In the meantime, Betsy and I are gradually being given the opportunity to explore another dimension of the ways in which cannabis can be valuable; we are discovering its usefulness in the task of achieving reconciliation with the aging process, including coming to terms with the inevitable physical and emotional aches, deficits and losses. Cannabis also enhances our appreciation of the time we have, now that we are both emeritus, to enjoy our children, grandchildren and friends, literature, music and travel, and our daily walks in the New England woods. Of still more importance, it helps us to realize the wisdom of Robert Browning’s words, “Grow old along with me! The best is yet to be…”
Since it’s illegal to buy or sell, I wonder if you can barter for it? Glad to see change taking place.
Colorado is lucky, they can grow their own 🙂
It was a beautiful, historic day here in Washington. Thank you NORML and the reform community! The world of peace and freedom that we’ve always dreamed of is now in site thanks to you!
Yeah its great that it’s legal to own and possess marijuana… but how are we supposed to legally obtain it? Frank, people smoke and drive in every state. Haha. Supposedly, law enforcement are developing a field test so they can bust drivers that are too high… with penalties comparable to DUI. I think it’s great that Washington passed I-502 and I can’t wait until I can buy it downtown. Blaze up Washington!
Enter President Obama to ruin the party:
Enter President Obama to ruin the party:
Obama Weighs Legal Action Against States That Legalized Marijuana Use
http://www.nytimes.com/2012/12/07/us/marijuana-initiatives-in-2-states-set-federal-officials-scrambling.html
Can you nominate an organization for the Nobel Peace Prize? Perhaps NORML’s 42 years of leadership against the war on marijuana could be recognized in this way.
Obama’s attorneys are weighing how to stop this outbreak of liberty. Anonymous leaks say one option would be for them to make an example of someone with a few joints, baiting them to claim that its legal in that state. Then they could get a federal judge to rule that federal law trumps state law. Then local police would be ordered to continue with Prohibition.
However, the federal government didn’t make marijuana illegal thru a Constitutional Ammendment. They pulled a trick, inventing a “scheduled” drug category that’s illegal, then they put marijuana in that category. Federal law doesnt say that marijuana is illegal; it says that Schedule I drugs are illegal. Likewise, the Washington state law doesn’t say that Schedule I drugs are legal; it says that marijuana is legal.
Therefore, no federal laws are being trampled. Therefore, no judge should be able to rule that any federal law could trump this state law.
I HOPE A LAWYER WHO LOVES LIBERTY SEES THIS.
If enough states legalize marijuana, then theoretically the federal law still banning it would be lifted, just like alcohol prohibition. In what states and when will legalization be on the ballot next?
Folks in Seattle – please stop flaunting this new law by smoking outside, in public. I could not believe my eyes when I saw this on the news, where a group was gathering to smoke-up under the needle.
This is precisely the type of irresponsible, typical “pothead” behavior that could trigger the Federal Government to step in and take action. My god, people….
Responsible cannabis use made incredible strides in Washington and Colorado. I wish I lived there but I don’t – but please stop acting like rebelious little kids – smoke in private as the law allows, and show the world what responsible cannabis use looks like, not this Cheech & Chong stuff.
Let them withhold their federal grants. The states that legalize weed won’t need it because of the revenue and savings they’ll reap from lower traffic incidents, lower health care costs, and lower costs to the courts and correctional systems, not to mention the tax revenues and job creation that will come of this new market.
It just puts the feds in an awkward position between the states and NATO
Dear Washington and Colorado, stop the public smoking, use your head morons, do not f this up, the nation is watching. The less you wave this around the more likely you will keep this new law.
We are all waiting for the Feds to act. Will they raid dispensaries? Banking rules are Fed nd they can use that. The only hope i that there is more money in legalization than the war. This could happen.
CLARK COUNTY JAIL- A PRIVATE JAIL In WA STATE must release all the VETS and Disabled that hold cards and were arrested anyway as GOV GREGOIRE signed a bill that each county can decide. Since a PRIVATE JAIL INSTITUTION can say FED LAW is what they follow, they have arrested many and held them in contaminated cells. Most all the dealer snitches have been part of the corruption as well. LET THEM GO FREE NOW. People PLEASE stay out of WA state it is still full of corruption and will arrest. Lets just watch…
Obviously, the laws related to legality in both Washington and Colorado are not perfect. But I am so so happy that the first baby steps have finally been taken!!!
Now, they can work on improving the laws and the situation where it is okay to have it but there is no legal way to obtain it…
As for the rest of the country, we can all start working to restore our own liberties the big bad Feds took away from us (unlawfully in my honest opinion) so many years ago.
@ARYP420: As far as Washington is concerned there isn’t a field test. (my apologies if you were only speaking to other states)
If someone drives badly or is impaired in some way as to cause an accident, they can be arrested, then the cops can have a medical professional test the person’s blood, but they can’t field test for pot.
And I thought this was apropos npr.org “Pot’s Legal In Washington State, But Don’t Drive High”
“Surprisingly, the advice from the Washington State Patrol is a mellower. Spokesman Bob Calkins says pot users should keep in mind that troopers won’t be pulling people over for random blood tests.
“Regardless of whether this person has been a regular user of marijuana, may have a routine THC level in his blood of this point or that point, if he’s driving OK, he’s probably not going to come to our attention,” Calkins says. “And if he’s driving badly, he probably is going to come to our attention.””
[Paul Armentano responds: In practice, a suspect would be subject to a FST evaluation and a DRE exam prior to any arrest or blood draw.]
You know, some people say the definition of insanity is trying the same thing tons of times expecting different results. Kind of like how the US government keeps trying to win this unwinnable war against our own citizens. Our side, the good side is WINNING! If you can’t beat “US”, join US. We CAN and WILL win. If you don’t like it, better not say shit. We want Pot legal! And we want it in a LITTLE bit…
Thanks for clarifying, Mr. Armentano. (Except…don’t you mean a DRE expert? lol a DRE exam would be grossly unconstitutional..yeah I know, it’s the way you had it written.)
Of course you’re correct, I just don’t want my fellow Washingtonians that smoke to confuse the standard field test with a new pot-specific standardized field test-that as far as I know does not exist in WA state-or confuse that with a possible blood draw, which would follow an arrest.
I just wanted to make sure fellow smokers clearly understood what to expect. Personally, I don’t think Washington state will see dollar one from recreational sales because big pharma owns Congress. Sorry to say. Of course, I didn’t think legalization would happen either.
There will be allot of obstacles in legalizing marijuana. Of course, people will have to get used to it as marijuana has been demonized more than alcohol. That change may take time for some people. Also calling marijuana a drug or treating marijuana as a drug is a misconception to a point. Alcohol is also a drug. Most substances that are refined or distilled are usually referred to as drugs. Marijuana is processed buy only drying it unless it is made into a concentrate like hash or hemp oil. It is most often just the dried plant’s flower that is smoked. Also calling some people that use marijuana drug users is unfair as compared to people that use alcohol. People that use alcohol are usually called drinkers not drug users. So what’s going to happen in the courts when it comes to distinguishing the difference between usage and impairment? The courts still haven’t distinguished the difference between usage and impairment. Part of this reason is due to the fact of the Federal Government’s refusal to recognize the new marijuana laws in Colorado and Washington. And of course the courts are following suit. This is an important detail. Knowing the difference between usage and impairment will determine how the courts can prosecute employees and/or employers for employment drug policies. There will be allot of misunderstandings in the courts until this point is recognized. There are some savvy lawyers standing on the sidelines just waiting to cash in and take advantage of these very law suits for urine drug tests when they appear. Allot of insurance companies and businesses may be sued due for discrimination and false claims of impairment on the job when an accident occurs. This is the exact same reason that police must take a blood sample when someone is convicted of a D.U.I. as the evidence must show actual impairment which can only be proven with a blood sample. That blood sample must prove the legal alcohol/blood level for legal conviction of a D.U.I. crime. Allot of people are ignorant to this and are falsely charged. There are allot of businesses and insurance companies that adhere to the current drug screenings procedures that only show usage. The current urine, saliva and hair tests only test for metabolites. The human body metabolizes the active ingredient THC into and inactive metabolite. When THC is metabolized it is neutralized and rendered inactive and stored in the fat cells of the human body and then is slowly processed out of the body. It is the active THC in the blood that causes impairment. Employment drug screenings will have to change to testing for the active ingredient THC in the blood instead of the current urine, saliva and hair tests to prove impairment on the job. And if an employer claims that they are an Equal Opportunity Employer then there may be a conflict to their claim. Soon employers and insurance companies may face charges because they will be in violation of invading someone’s privacy and discriminating against someone personal life style. There are current employment laws in place that may cause conflict with an employers claim to be fair now that marijuana has been legalized in Washington and Colorado. So even though legalization has begun, prohibition will still remain as long as the current pre-employment drug screenings procedures continue and the courts haven’t yet recognized the difference between usage and impairment. Even if marijuana wasn’t legalized there still remains a conflict between usage and impairment on the job. There is still allot of work for people to do if they want to protect there rights and don’t want their privacy invaded due to the fact that they may be using marijuana or any other substance on their own time that an employer doesn’t agree with. Remember, with legalization comes responsibility. You have the responsibility to know the law or lose rights. Protect your rights!!! For more detailed information about employment drug screening, visit aclu.org and type into the search window urinalysis. There you will find information about your rights as and employee and the real facts about employment drug screenings that exist today.
BIG PHARMA’$ DOLLAR$ RULE.
Obviously they are upset that the poeole want pot legal.So they contacted their puppet Obama and started pulling their strings.
Cue the Theme from The Godfather………..
I find it strange that – in an open forum where so many people trumpet their rights to smoke marijuana or whatever that they feel quite happy to rubbish my comment as I have the temerity to disagree with their point of view.
Example “Millions of us have dreamed of making marijuana legal again for many many years.”
Does she claim to actually know – factually – millions of peoples opinions – how many voted for this bill I`m sure it wasn`t millions.
Here is a another way you can all get involved in helping the legalization effort. It is a great video that you should all watch; in my humble opinion! Check it out!
http://www.youtube.com/breakingthetaboofilm
So, what kind of violation is possesion of a LITTLE more than an ounce, and what kind of violation is possession of a LOT more?
Nick, it is not a definition, it is an example of insanity; there is more than one kind. I’m not sure, but they seem to be under the impression that if you smoke pot; you can’t be trusted, like you’re just a piece of shit that will steal as soon as no one is looking. And since that isn’t true, they wrote way too many laws saying it is.
Pot does make people go crazy, but not the ones using it. Somehow, people watch others use pot and then they become unreasonable and want to lock us up. Something is completely backward and non-sane about the whole issue.
All I can see and a very weak excuse for abuse by the police and courts; and that the constitutional framers were very well aware of these kinds of games and made sure the constitution does not permit such laws, thus avoiding these kinds of abuses.
Now they are talking about how a treaty dis-allows for marijuana to be legalized. Wrong, wrong, wrong. The constitution is a bit more important than any treaties signed. All that needs done is the treaty be amended as people in those countries also want legal buds.
This a complete non-sense non-issue as “only weirdos are worried about people smoking weed and a country different from their own.” And I’m not worried about the folks next to me smoking all day long. Flimsy and flakey statements that just get dumber ever time they open their mouths is all we’ve been hearing from the Feds for years.
Basically they are saying, “yes marijuana is safe, but we are trying hard to make it dangerous. And if we’ve succeeded, it is your fault criminal.”
Thank God, Washington has a back door with Canada, at least the can their buds from a place that isn’t run by narco-terrorists.
@Meliora – I agree with you that the cannabis users in CO and WA need to be setting a good example so that the rest of the country can keep moving forward on this issue. Their will to celebrate this is totally understandable. I suspect that the vast majority of cannabis users simply did what they have already been doing for years which is consuming in private and not causing anyone any trouble. It is sad that the more responsible people doing it in private are not the people shown on the news. The news always goes after the more outrageous stories; not the benign ones…
How many states lifted prohibition of the booze before the Fed crumbled??
I gotta give a shout out to all those heads from back in the sixties who believed that Cannabis should be legalized & are still around on this monumentous day!!!! It took a generation of courage to Stand Up!!!! It took a generation of courage to save lives…
Everyone please sign this petition and have the justice department stay out of Colorado and Washington! Politely ensure the justice department of the United States take no action against states who have legalized marijuana. http://wh.gov/NLGf
Please support American Hemp farming
I just signed the petition mentioned by Allday969. I know the Feds tend to ignore the will of the people but we all need to keep on trying while we have momentum!!!
So, do your part and sign it!
Why won’t this happen in Canada already?!
So, is hashish also legal? Good ole’ hashish!
I’m glad that 2 states finally had the common sense to Illegalize Pot. Hopefully this is the beganing of the End for The War on Some Drugs…One thing I dislike about Norml Is it’s only Pot mentality basiclly selling other drug users down the river. in mamy ways without the black market BS Heroin is as safe in pot… Remeber we all fighting for the same goal, The freedom for adults to make adult choices.
[Editor’s note: For those who are keen on legalizing drugs, which is NOT this organization’s mission, there are numerous organizations to join and support: drugpolicy.org, leap.cc, ssdp.org, DRCNet.org, etc…]
The DEA annual budget was reported to be around 2.6 BILLION dollars. That’s the budget of only a single prohibition agency; there are over twenty of them
For instance, National Institutes of Drug Abuse, NIDA, controls what subjects/drugs/medicines can be studied and federally funded (serious research). They have had the final say, and their institution’s mission states clearly their purpose is to only research only the harm caused by drugs, so that any beneficial effects encountered during study are not reported or ignored.
This is their intentional and guiding mission, their purpose as an agency, which makes any claim to be a science-based and pragmatic public service, is not worthwhile, intellectual dishonesty. They have blocked research into cannabis’ benefits and have suppressed any conclusions supporting the good that cannabis does for us humans and our best plant friend, cannabis, like our best animal friend, canis familiaris, domesticated dog.
Great! De-fund the enforcement of cannabis prohibition. Keep running the economy into the ground until the feds are out of the way and cannabis is legalized. States may still prohibit it, but the feds are out of the way.
Let people out of jail.
Keep people out of jail.
Free Marc Emery and the other political prisoners!
Cannabis is illegal solely for political reasons at this point. The polls are in favor of legalization.
Ybo Buruma, anything there? If he’s found a way to solve the Dutch back door problem legally within the confines of international treaties, you don’t need to kiss the butts of international prohibitionists. If the Dutch have a legal seed to sale system within the treaties that politicians have been saying prohibits cannabis because Ybo has found a way to structure things that makes the prohibitionist politicians moot, something never thought of or tried before, it’s something other countries that want to legalize can copy.
What makes you think the investor class will be inclined to put enough money into the economy and trust the government if the federal government if still of the mind that it has money to waste on cannabis prohibition? Nothing says federal failure like two U.S. states legalizing. How does that make McKay, who prosecuted Marc Emery feel, to live in a state where it’s legal and to know that he was a federal prohibitionist puppet who did such an injustice to Marc?
This needs to hit the mainstream media more. They need to sink their teeth into this until the feds get out. Pass that bill into law to prevent the feds from interfering in states’ cannabis taxation and regulation laws.
People will celebrate it. Happy Channukah! Merry Christmas! It will be the feds present to the American people, to the world, to end their farce of cannabis prohibition. Save money, make money. What’s not to like? Nearly everyone will be happy.
All of you saying ‘don’t blow it, people in Washington’ give it a rest.
People are celebrating the end of prohibition. Do you really think that when all is said and done folks will be lighting up under the Space Needle? The general rule is if you couldn’t drink alcohol in a place you can’t light up either, but really people it’s been less than 48 hours. Give my friends and I a break.
This is wonderful news! I’m on such dangerous drugs from the Veterans Healthcare System, which can be easily replaced by cannabis, with the same effects and none of the side-effects, so I’m overjoyed! I’ve been saving for months now to move, and am hoping to be benzodiapine-free very soon! Thank you, voters! Thank you for helping us all!
Washington state needs to behave…Washington states ought to set the exemple…The Nation is watching you…This is a lot of crap as usual.Have you ever tried to make an omelet without breaking eggs? Washnigton just do your stuff…there is gonna be a rough ride for sure as to my knowledge all prohibitionists are still alive following the leagalization…and youll become richer of a new experience in the end and cannabis will happily grow in full sun.
CONGRATULATIONS to NORML for all of your hard work making Washington and Colorado happen. The rumors I hear are that this administration will not actively interfere with Washington and Colorado citizens.
I hear they plan to remind the public that it is illegal to possess pot on Federal property. Anyone who lives on or near a Federal park knows that as long as you aren’t toking up in the lobby of the FBI building the Feds don’t harass anyone with small amounts of marijuana.
Congratulations to folks in Washington and Colorado for leading the way in ending the insanity that is the over criminalizing of smoking pot.
Can only have an ounce? Poor baby, but whose to say the ounce fairy doesn’t leave an ounce on your doorstep every night?
With that said and nothing more to say about the per se DUID issues et al, we are forced to turn to the only direction we are inextricably, unavoidably and absolutely headed, the future.
Turns out MHP was headed for the future when we started out. We have always presented a social gathering model and we feel this aspect was the one thing that made being at our place preferable to the “Buy it and get out” feel of all the other places. We now have a hospitality based background ready made for the next generation of the cannabis industry, fun. The one we were headed for all along.
On May 18 2011, I told this self righteous, shiny headed DEA agent, in the office of my dispensary MHP of Spokane “You’re going to lose this war, There’s a green tidal wave comin’ your way and there’s not a damn thing you can do to stop it”. All this while a cadre of “commandeered” local police agency personnel ransacked the rest of the store and terrorized our volunteers and members. On Dec. 6 that wave started rolling in. Our sentencing is currently set for Jan 25 next year.
Let’s talk about price.
If it is legal the price needs to go down substantially.
Pot is not hard to grow, $280+ an ounce is black market price.
And the prices those “dispensaries” are charging is, frankly, disgusting.
Legalize = lower price.
Don’t let the political shitbags keep this simple to grow plant at black market pricing through insane taxation.
And I 100% agree, entitled juvenile potheads need to stay off the streets.
If you keep giving the government the finger in public the government will turn around and stomp this law flat.
To piggyback on what Wieland posted…who makes really good points on testing….I believe very strongly that if someone developed a test that indicated whether or not someone was intoxicated at that moment, at the time the test was taken, and to what degree, that would go along way towards the legalization of marijuana. I don’t want my doctor, my airline pilot, etc to be stoned while working, but if they smoked a joint a week ago who cares. I know there is someone out there smart enough to do that, and they would make a bunch of money.
Until the government stops its insane Weed War, the prices will stay very high.
The price is set by the market and the market is constantly being attacked so the price will continue to go up and up and most of this money just heading toward the government in the form of fines, stolen cash, stolen marijuana, “confiscated” cars and houses. Why is the price high? But it is funding a “jobs creation program” that feeds on arresting innocent people. How can it be cheap?
If this were some sort of federal experiment and the people of Washington are under observation by govt agencies most concerned with “good intentions” and to guard the public safety, it might be appropriate to tell the people of WA to “be careful.”
People have learned over 3 decades to be careful to the point of paranoia, it’s become ingrained. At least it has, for the prudent.
The feds are not conducting a “test market” in WA to see how things might go, *the people of WA voted their will.*
Regardless of any isolated cases of stupidity or misbehavior, those should (and will) be treated as the exception as they should be–NOT as some support for the prohibitionist side, who may hope something horrible will happen to prove their claims were right all along. Maybe, they hope, the first person in 10,000 years of use will consume cannabis and suddenly drop dead. Although that is a lethal cannabis overdose is physically impossible, they can hope.
and to the above post, the last 3 decades of drug war has not changed anything besides oppressing the already-underprivileged and serving the needs of pharma, petro-chemical, health care, agrigultural special interests, at the expense of taxpayers and all others.
the drug war and harsh penalties do not decrease demand at all, the result shifts over to supply side, and serves only to make the drugs more expensive. The organized crime and related violence gets worse, and at greater cost to tax payers, for what is a non-crime in the first place, and secondly, for a plant that grows wild at no cost.
Use of a medicine with myriad uses, by affecting the profoundly important endo-cannabinoid system already found in each of us, and all mammals, animals all the way down to invertebrates, involved in appetite, mood, immunity, nerve protection, longevity, and numerous undiscovered body systems.
The feds are not going to crack down on private citizens lighting up a joint discreetly in public (outdoors) because they’ll instantly appear as the bad guys they’ve always been. It’ll be clear the feds are bullying the people who voted differently from the federal law (CSA) and its arbitrary, nonsensical scheduling system.
Only 2/3 of states have to vote on medical marijuana to trump federal law that attempts to prohibit its use. That’s 33 states. 18 states have done so thus far.
The same goes legalization. There is no way it will end with just 2 states, CO and WA. It’ll hit a total of 33 states, by all indications. The sooner the better. The feds know this is inevitable. If they crack down hard in violation of states’ rights, immediately it will be more apparent that their desperation is climbing.
They can’t stop the inevitable
REALLY… We can’t even pull out a joint in Ga. without fear of being locked up and fined. other states have the privaledge of how they want to price what they are allowed to sale. All that runs through my mind is please make it legal in Ga. so that some of us can move on with our lives…
Congrats to my Washington state friends, the NORML crew and Mr.Arementano!!!
I’ve been following NORML and their efforts since early 2009, and I spread the word through my own limited avenues.
I am curious what is being done to get voices heard in legislation and WA works to create rules and regulations for marijuana sales come December 2013.
I hope that they are getting critical feedback so that WA can be a role model for other states in the years to come. I worry that prices and taxes will be unrealistic. I think most would pay 5-10 dollars more to buy it legally, but any more than that may be dysfunctional. If I can help in any way!
can’t wait till all 50 states legalize.
most of the numbers in other states where marijuana was not legalized is because everyone is scared to vote for due to going to jail and losing there jobs but maybe now that people see its all good maybe we will get more results. also ga. everyone needs to step up
most of the numbers in other states where marijuana was not legalized is because everyone is scared to vote for due to going to jail and losing there jobs but maybe now that people see its all good maybe we will get more results. when will georgia finally get our chance in the sun
I am going to be visiting Washington in July, 2013. Do I have to have a Washington medical card and Washington ID? I guess I don’t really understand if it is now available to anyone over 21 or if it like California 215 where you have to have a card. Would a CA med card work in WA? Any anwers would be much appreciated. Thanks!
Students enrolled in People Power and the Media class at Columbia College Chicago were given the opportunity to research a topic and to share their opinion in the public domain via blog and podcast. The topic selected was the controversial medical marijuana dispensaries in California and the clash between state and federal drug laws.
This is their blog:
The investigation of business owner, Matthew Davies, began in September of 2011 after a routine traffic stop where Davies was pulled over for speeding. From there, Davies told the officer he was responding to an alarm at his medical marijuana warehouse. This was just one incident in the chain of events that led up to Davies’ arrest even though he was allegedly following the California state law for his medical marijuana dispensary. He is now facing a minimum of ten years in prison after being indicted by the Federal Government. This situation is very unfortunate for something that is so unclear. California exercised the state’s reserved power to not punish medical marijuana users and distributers when recommended by a doctor, so they are not in any violation with the Federal Controlled Substance Act.
The Federal Controlled Substance Act deemed marijuana, as a drug with “no currently accepted medical use,” however, there is research available proving otherwise. The University of California, San Francisco, conducted studies in December of 2011 where inhaling cannabis reduces pain significantly and can reduce the medical side effects including nausea, vomiting and loss of appetite from heavy medication such as morphine and oxycodone.
It’s also understood that the Federal Government has the right to overrule any state law that contradicts Federal law due to the “Supremacy law,” which is Article VI, Clause 2, of the United States Constitution. However, the mere fact that the Federal Government’s stance on the use and distribution of medical marijuana being far different than the state of California’s stance needs to be addressed, ASAP.
In the early days of the Obama Administration, Attorney General, Eric H. Holder Jr., announced that medical marijuana users and caregivers would not be targeted, according to a Washington Post article in 2009. California voters approved the sale of medicinal marijuana according to the Compassionate Use Act of 1996. What makes this unclear is that Federal law should not be able to “trump” state law – it is a separate jurisdiction. According to the New York Times, the Federal Government could sue the states on the grounds that any effort to regulate marijuana is pre-empted by Federal law, but such a severe response could raise complications for the Obama Administration.
It is sensible for the Federal Government to get involved if and when medical marijuana dispensaries are operating illegally. If the Federal Government sees the distribution of selling medical marijuana illegal, they need to address the businesses doing it illegally rather than raiding the dispensaries of professional doctors and managers. It is undeniable that time and money would have been better spent if the Government shut down the dispensaries throughout California that were selling marijuana illegally to minors and non-patients. With that said, Matthew Davies was the operator of a legally owned dispensary and is therefore being unlawfully prosecuted. Our call to action is that the Federal Government needs to find an equal balance with state laws in order to prevent innocent people from being wrongly accused.
Respectfully,
Margaret, Emily, Jessica, Ramon, Kyra, Ashleigh, Bridget, and Molly, members of the People Power in the Media course taught by Hope Daniels, Associate Professor/Teaching Fellow, School of Media Arts, Columbia College Chicago.
Washington residents busted for pot in addition to other charges..like DUI..might find it interesting that those pot charges are being dropped also. I had a couple grams on me when I got popped for dui. At sentencing on the dui the judge dropped the pot charge.. funny thing is I hadnt had any weed for months..came into some that night..and before I could do anything with it I got a citation for it..but lawyer said dont sweat it. This was in Clark County..
Weed should be legal just like tobacco. You may grow all you want for personal use but for sales you will be taxed. This idea of only being allowed to have 3 mature plants is wrong. One person can smoke more than three plants worth of pot in a season. You should be allowed to grow as much as you want for personal use.
How does one locate a distributor for recreational marijuana in or near Yakima Washington?
Can I as a Washingtonian grow weed and if so what amount of plants am I allotted?
Washington residents aren’t allowed to grow marijuana for recreational use without a growers license, (good luck getting one of those) It’s easier to just go around it and get your medical recommendation and be allowed to have 15 mature plants and up to 24 ounces of usable cannabis. Stay green my friends