Marijuana/Cannabis Leaves
There seems to be some confusion regarding the legality of marijuana possession in the City of Seattle and the State of Washington. Back in January, newly elected City Attorney Peter Holmes stated that minor marijuana possession offenses would no longer be prosecuted. At the time he made this statement, he had already begun dismissing cases that had been filed by the previous city attorney.
This has created some confusion amongst Washington residents, where some might be under the mistaken impression that marijuana possession is now legal in Washington. To clarify the confusion, Seattle Mayor Mike McGinn has recently posted clarification on his blog (Mayor McGinn » An FAQ on marijuana enforcement in Seattle).
He states that rarely will someone be stopped solely because of marijuana possession. Simple possession of marijuana is now the Seattle Police Department’s lowest priority. However, it is important to be clear, that marijuana is not legal in Washington. According to the City Attorney, “Marijuana possession remains illegal everywhere in Washington, including Seattle. Enforcement of “personal use” possession is the lowest priority for both the Seattle City Attorney’s Office and the Seattle Police Department. I don’t prosecute marijuana cases, but marijuana possession is still a crime, and people risk arrest and search incident to arrest for possession, especially people who choose to flaunt marijuana in the presence of law enforcement.”
To be clear on the law involved, possession of 40 or fewer grams of marijuana without intent to either manufacture or deliver the drug is considered a misdemeanor. Possession of more than 40 grams is considered a felony. Possession of marijuana in any amount with the intent to deliver or manufacture is a felony. While “personal use” possession may not be a priority for Seattle PD, there are a myriad of scenarios that can result in very real drug charges. If you have been charged with a marijuana related offense, be sure that you consult with legal counsel. A conviction of a marijuana related charge can have very real consequences that can result in substantial criminal penalties.