Plea deal offered to marijuana defendants

 

November 15, 2012



After Washington voters legalized marijuana in last week’s election, Whitman County Prosecutor Denis Tracy said Tuesday he plans to offer plea deals to anyone facing misdemeanor possession charges.

Washington voters approved Initiative 502 in last week’s election, making it legal to possess and smoke up to one ounce of marijuana. Whitman County voters gave the measure 52 percent approval.

Tracy said he now plans to offer to dismiss cases of those facing possession charges for a $50 fine plus reimbursement of court costs and a pledge to stay out of trouble in the near term.

“I recognize the people of this state have spoken. The law is changing on Dec. 6, so my office has to figure out a way to accommodate that,” said Tracy.

His deal may have little effect on Whitman County’s court system, as Tracy said many of the possession charges are against minors caught with weed at Washington State University.

“It’s important to note that the initiative legalized possession for those over the age of 21,” said Tracy. “I haven’t done an exact count, but I would think most of our misdemeanor pot cases involve people under 21.”

For those under 21, possession of marijuana will be a “status offense,” similar to a minor in possession of alcohol ticket.

Sheriff Brett Myers said he has planned a meeting with Tracy for guidance in how to police possession cases.

Marijuana possession is still against federal law, but Myers said his office is not in the business of enforcing federal law.

“I know the feds - their plan is to enforce federal laws,” said Myers. “But we don’t do that.”

Tracy also noted the new law does not allow people to grow or distribute marijuana.

“Until the state sets up a licensing system for that, there won’t be a way to legally get it,” said Tracy.

Sheriff Myers said his Quad Cities Drug Task Force has had its focus primarily on growers and distributors all along.

“The task force is still going after manufacturers and traffickers,” said Myers. “The law means you can possess it, it’s just that any means of getting it is still illegal.”

One high-profile marijuana case in Whitman County Superior Court is against Michael Adam Assenberg, a Colfax medical marijuana patient whose plants were taken in a raid on his house in 2010. Charges against Assenberg have been delayed several times since his arrest.

“I really don’t know how it’s going to affect my case or not,” said Assenberg. “I think they’re going to have a lot harder time convicting me of growing and dispensing marijuana for sick people after this.”

Sheriff Myers said he had heard “frustration” from medical marijuana advocates who said the new law would limit the amount of medicinal marijuana they will be able to grow and possess.

Assenberg said his understanding is that the only thing the new law would change for medical marijuana patients would be the ability for police to cite drivers for driving under the influence of marijuana.

“From what I understand, it’s not going to change a thing. This is just for recreational users,” he said. “As long as the cops don’t profile people they suspect to be marijuana users, there shouldn’t be a problem with the DUI law.”

Assenberg offered to share a smoke with Tracy once the law is in effect.

“As of Dec. 6. After all, he is over 21,” said Assenberg. “I’ve always had an open door policy with his office and the sheriff’s office.”

Both Tracy and Myers said they did not plan to begin smoking marijuana.

 

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