marijuana6.jpg
It's officially legal to smoke marijuana in Washington state on Dec. 6. But many are asking what that really means. (AP Photo)

What are my rights under Washington state's new marijuana law?

BY MyNorthwest.com  on December 5, 2012 @ 1:13 pm (Updated: 9:59 am - 12/6/12 )

State laws changed early Thursday morning and your world might look a little different.

Photo Gallery: Crowds light up under Space Needle

For starters, it's officially legal to smoke marijuana in Washington state. But many are asking what that really means. Can you light up a joint on a street corner or get high in the parking lot?

Can I smoke marijuana?

Seattle City Attorney Pete Holmes recently explained a few of the legalities to KIRO Radio's Ross and Burbank Show.

First off, there's still no legal way for a recreational smoker to buy marijuana.

"That's the problem with medical marijuana now. For instance, even with an authorized provider under state law, they're still illegal under federal law," Holmes said.

You can only get marijuana if you're an authorized medical patient with a prescription.

Holmes also answered questions about distribution

Seattle police have posted a how-to guide for marijuana questions. It's called Marijwhatnow. Here are some of the pertinent highlights.

Can I legally carry around an ounce of marijuana?

According to the recently passed initiative, beginning December 6th, adults over the age of 21 will be able to carry up to an ounce of marijuana for personal use. Please note that the initiative says it "is unlawful to open a package containing marijuana...in view of the general public."

Can I smoke pot outside my home? Like at a park?

Much like having an open container of alcohol in public, doing so could result in a civil infraction, like a ticket, but not arrest. You can certainly use marijuana in the privacy of your own home. Additionally, if smoking a cigarette isn't allowed where you are (say, inside an apartment building or flammable chemical factory), smoking marijuana isn't allowed there either.

What happens if I get pulled over and an officer thinks I've been smoking pot?

If an officer believes you're driving under the influence of anything, they will conduct a field sobriety test and may consult with a drug recognition expert. If officers establish probable cause, they will bring you to a precinct and ask your permission to draw your blood for testing. If officers have reason to believe you're under the influence of something, they can get a warrant for a blood draw from a judge. If you're in a serious accident, then a blood draw will be mandatory.

Since voters approved I-502 last month, 11 counties have dismissed possession cases: Clallam, King, Pierce, Thurston, Kitsap, Chelan, Okanogan, Spokane, Whitman, and Lincoln.

It's not clear whether the remaining 28 counties will immediately dismiss cases upon the adoption of the new state law. For instance, the deputy prosecuting attorney for Snohomish County, Hal Hupp, recently told The Marysville Globe there has been plenty of talk about the new law, but he doesn't expect a decision by Dec. 6.

"Dec. 6 is the start date for the new marijuana laws, but it's not the deadline for decisions on the old laws," Hupp told The Globe.

Not only do you have the potential to legally smoke marijuana, same-sex couples are also allowed to tie the knot in Washington.

Six other states - New York, Connecticut, Iowa, Massachusetts, New Hampshire, Vermont, and the District of Columbia - already allowed gay marriage. But Maryland, Maine, and Washington were the first to approve it by public vote. The other states' laws were enacted either by lawmakers or court rulings.

Gay marriage becomes legal

Same-sex couples were allowed to apply for marriage licenses beginning at 12:01 a.m. Thursday morning at the King County Administration Building in Seattle. Other counties around the state will be holding special lotteries for the first certificates signed.

The couples will have 60 days to use their licenses, but there is a three day waiting period before they can get married. There are a series of large wedding gatherings around the state scheduled for Sunday.

For more on requirements to be eligible for a marriage license in Washington state (age requirements, residency, etc.) and to download the required forms in advance, check out this frequently asked questions page from King County.

The Recorder's Office in the King County Administration Building will be open for extended hours:

Thursday, December 6: 12:01 a.m. to 6:30 p.m.
Friday, December 7: 8:30 a.m. to 6:30 p.m.
Saturday, December 8: 8:30 a.m. to 4:30 p.m.

KIRO Radio's Chris Sullivan contributed to this report.

MyNorthwest.com, Staff report
The team that brings you MyNorthwest.com
More Local News
Top Stories

  • Snowy Passes
    Escape cold Seattle; go skiing at Crystal Mountain

  • Dirty Wars
    Director Jeremy Scahill says Obama hasn't been fighting a clean war

  • Dollars Per Student
    Washington spending per student is below the national average
MyNorthwest.com - Purpose of Comments statement
Bonneville Media encourages site users to express their opinions by posting comments. Our goal is to maintain a civil dialogue in which readers feel comfortable. At times, the comments can descend to personal attacks. Please do not engage in such behavior. We encourage your thoughtful comments which: have a positive and constructive tone, are on topic, are respectful toward others and their opinions. Bonneville reserves the right to remove comments which do not conform to these criteria.

Comments (22)


  • Add A Comment

  • anotherfencewalker wrote...
    Watch, learn, listen.
    December 6, 2012 8:38 am
    A few of you morons need to pay attention. The state, not the feds, are now trying to figure out how to start and regulate..(god this hurts to write it) a never before tried private BUSINESS!! How to merchandise it, monitor it, record sales versus profit and loss, distribution and so on. All on a very category specific product that has no retail/wholesale history behind it other than what occurred during pre-legal times. They are so confounded as to how where to begin they are asking for industry level people far outside of their traditional comfort zone to help them out. The fed issue is simply background noise at this point. the supreme court stuff will probably come later. Stop the idiotic dialog and pay attention to your government in action. This is going to get interesting..
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HLC wrote...
    I can't wait for the Big Grow operations to move in and buy a bunch of land and equipment.
    December 6, 2012 12:55 pm
    Then the feds move in and seize it all. Maybe it will help the countrys budget problems. This is going to get good. Nothings funnier than a confused doper.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Op TK wrote...
    I thought of that before the election
    December 6, 2012 2:18 pm
    Who wants to be a farmer or a seller who goes through the proper steps and pays all the fees to be licensed in the state only to have the feds come arrest them on felony drug charges and seize all their assets? Not me.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HLC wrote...
    As far as Sullivan pushing the gay thing.
    December 6, 2012 1:02 pm
    I'm thinkin theres more then a few smoken the pole at Kiro radio.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • murr wrote...
    I cant wait tell they put a 50% tax rate on it.
    December 6, 2012 2:55 pm
    They will find a way. Then it will go underground again, or more.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Jeremy Oostra wrote...
    all together now.....
    May 16, 2013 4:50 pm
    Bong hits bong hits sis boom bah....smoke pot smoke pot....RAH RAH RAH.....ha ha ha
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }