Pubdate: Thu, 06 Dec 2012
Source: Columbian, The (WA)
Copyright: 2012 The Columbian Publishing Co.
Contact:  http://www.columbian.com/
Details: http://www.mapinc.org/media/92
Author: Paris Achen

61 LOCAL POT CASES TO BE DISMISSED THURSDAY

Action comes as new law takes effect

A 32-year-old Beaverton, Ore., man was speeding at rush hour on Sept.
25.

He was heading southbound near the Interstate 5 Bridge when a
Washington State Patrol trooper, parked on the side of the freeway
with a speed-detection laser, observed that he was traveling 78 mph in
a 60-mph zone, according to the trooper's affidavit.

When the trooper went to the driver's window of the 2001 Acura, he
smelled the odor of marijuana and asked the driver if there was any in
the car.

"Yeah," the man replied, producing a glass jar of marijuana from the
center console, according to the affidavit.

A routine traffic stop had just gotten complicated. The Beaverton man
faced not only an expensive speeding ticket but possibly a much
steeper fine if he were found guilty of marijuana possession.

He won't have to worry about that anymore.

The defendant is one of more than 60 people whose misdemeanor
possession of marijuana cases will be dropped Thursday in Clark County
District Court as a result of Initiative 502, which legalizes
recreational use of up to 1 ounce of marijuana in Washington. The law
goes into effect Thursday.

Chief Deputy Prosecutor John Fairgrieve said 61 defendants will
benefit from the new law. They all are at least age 21 and allegedly
possessed about 28 grams or less of marijuana.

King, Pierce and Spokane counties also adopted similar or more lenient
policies, Fairgrieve said.

Prosecutors have said the measure will not affect other cases, such as
delivery of marijuana or felony possession cases.

Initiative 502 was approved Nov. 6, with 55.7 percent of the
vote.

Since then, no defendants accused of possessing up to 1 ounce of
marijuana were convicted, Fairgrieve said.

"It appears that all of the defendants and their attorneys were aware
that the passage of the initiative might have a positive impact on
their cases," he said.

That means they held off on plea agreements and delayed
hearings.

Fairgrieve said even though recreational marijuana use was illegal at
the time the to-be-dismissed cases were filed, the state Legislature
gave prosecutors leeway to decline to prosecute "where prosecution
would serve no public purpose, would defeat the underlying purpose of
the law ... or would result in decreased respect for the law."

He said prosecuting the cases costs money and wouldn't serve as a
deterrent or public protection, given voters' verdict on recreational
marijuana use.
- ---
MAP posted-by: Matt