The landscape of drug offenses could soon be changing in the Pacific Northwest. On Nov. 6, Washington state voted on Initiative 502, which asked whether Washington should legalize marijuana use. Initiative 502 passed with 55 percent of the vote. Under the Initiative it becomes legal for people 21 years old and older to possess 1 ounce or less of marijuana. Furthermore, marijuana will become regulated by the state of Washington. Previously, possession of marijuana in any amount would lead to drug charges. Oregon voters narrowly defeated a similar proposal, known as Measure 80, which would have legalized and regulated marijuana in Oregon.
Now, officials in Washington's Clark and King counties have announced that people who have been previously charged with misdemeanor possession of marijuana will have their legal cases dropped. In these cases, people have been arrested and face drug charges for possession of less than 1 ounce of marijuana. Officials claim there is no point in continuing to prosecute these arrests, since the conduct will be legal soon. This decision is likely to affect hundreds of people.
While Initiative 502 makes some marijuana possession legal, the federal government could still intervene to stop the law. Under federal law, marijuana possession is still illegal. Furthermore, possession of more than 1 ounce of marijuana will still be illegal in Washington and carries significant legal penalties.
Those facing more serious drug charges should not expect that their cases will be dropped like the misdemeanor cases. Instead, they should mount a criminal defense. There are many criminal defense options available for those facing serious drug charges. In particular, there are search and seizure rules that must be upheld by police. If these rules are not upheld, evidence of drug use or possession may not be used as evidence in court.
Source: KGW, "Wash. Counties drop pot cases after legalization," Nov. 9, 2012
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