Pubdate: Thu, 07 Aug 2014
Source: Spokesman-Review (Spokane, WA)
Copyright: 2014 The Spokesman-Review
Contact:  http://www.spokesman.com/
Details: http://www.mapinc.org/media/417
Author: Kip Hill

ARREST ILLUSTRATES STATE'S TOUGH STANCE ON ILLICIT POT

A 19-year-old arrested by a Washington State Patrol trooper on 
suspicion of carrying less than an ounce of pot, cash, baggies and a 
scale faces a felony charge - an illustration of the state's 
continued tough stance on illicit pot.

Under Washington state laws, the 22 grams of marijuana discovered in 
a bag inside the car Analisa Martin was driving - 6 grams less than 
what is allowed for a 21-year-old to possess for recreational use - 
carries the same potential legal penalty as dealing heroin, cocaine or LSD.

Martin was released without bond by a judge Tuesday afternoon. She 
faces a charge of possession of a controlled substance with intent to 
distribute. A WSP trooper pulled her over early Tuesday for allegedly 
speeding in Airway Heights.

Martin told the trooper the bag belonged to a friend, according to 
court documents. Her mother eventually consented to a search of the 
car after the trooper called, saying he would apply for a search 
warrant based on the smell of "fresh marijuana" coming from the car.

State courts have repeatedly said the smell of pot is enough to 
obtain a warrant to search property, despite objections from 
medicinal marijuana users, defense attorneys and civil rights 
activists that such a standard ignores decriminalization laws passed 
by Washington voters and the Legislature.

Martin, who was ticketed for speeding, has no other criminal history. 
She declined comment on Wednesday.

Some state and federal lawmakers have attempted, so far 
unsuccessfully, to reclassify marijuana under the Uniform Controlled 
Substances Act. Marijuana, a Schedule I drug, remains in the same 
category as illicit substances for which there is no accepted medical 
use such as heroin, peyote and some forms of amphetamines.

State Sen. Andy Billig, D-Spokane, is among several Washington 
lawmakers who have supported legislation that would ask the U.S. Drug 
Enforcement Agency to reclassify marijuana as a Schedule II drug. 
Schedule II substances have a recognized medical purpose, and include 
the painkillers hydrocodone, morphine and oxycodone.

Billig said his support of the resolution comes down to "common-sense 
government."

"We have a safe product, that is clearly being used by our neighbors, 
friends and citizens, for medicinal purposes, that the federal 
government says has no medicinal value," Billig said.

The resolution, drafted by state Sen. Jeanne Kohl-Welles, D-Seattle, 
has not received a floor vote in the Senate, which has been 
controlled by a Republican-led coalition. Similar bills at the 
federal level, citing the approved medical use of cannabis in 22 
states and Washington, D.C., also have gone nowhere.

The reforms would have little effect on Martin's case. Under the 
Controlled Substances Act, anyone found possessing a Schedule I, II, 
III or IV drug with the intention to sell on the illicit market may 
be charged with a class C felony, which carries a potential five-year 
prison sentence and a fine of up to $10,000.

Minors found to unlawfully possess alcohol face a misdemeanor charge 
and potential revocation of their driver's license under Washington 
law. The maximum jail time for the misdemeanor is up to a year.

Law enforcement agents are prohibited from criminally charging 
licensed marijuana growers, processors and sellers who take part in 
the state's newly established, voter-approved recreational market and 
follow the rules.

Users who possess more than an ounce of pot or consume marijuana in 
public areas can be cited by law enforcement, according to state law.

So far this year, 20 citations have been issued for marijuana 
possession and use within city limits, according to Howard Delaney, 
administrator of the Spokane Municipal Court. That's about a quarter 
of the number of citations over the same time period issued by police 
in Seattle, including one officer responsible for more than 60 
tickets, according to the Seattle Times.

Seattle police have said they will not search vehicles for marijuana 
unless they receive evidence the driver is "trafficking, producing or 
delivering marijuana in violation of state law."

Citation figures for Spokane County were not readily available.
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MAP posted-by: Jay Bergstrom