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.

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Comments (22)


  • Add A Comment

  • Bucket Dad wrote...
    So it's legal to smoke pot...
    December 5, 2012 2:57 pm
    but not legal to smoke?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    Bucket Dad wrote...
    December 5, 2012 3:33 pm
    Yes, correct. Pot smoking only, please. People laying around smoking dope is a good thing apparently.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • tbookout17 wrote...
    Probably not....
    December 6, 2012 8:00 am
    But what is a good thing, is that people have the option to make that decision for themselves, like grown folks should in a free society, dishpit.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • edp wrote...
    Where will the tax money come from?
    December 5, 2012 3:44 pm
    If you cannot purchase it leaglly how do then generate tax money? Are they expecting local suppliers to send sales tax to Olympia on a good faith basis?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    O happy days are here again . . . .
    December 5, 2012 5:12 pm
    hey morons the people have SPOKEN. Voters have passed Initiative 502 and beginning December 6th, it is not a violation of state law for adults over 21 years old to possess up to an ounce of marijuana. Time to reserve a plot in the local pea patch.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Pressman wrote...
    Always-
    December 6, 2012 1:40 am
    Worth noting- The self-proclaimed patriots/constitution-thumping/freedom-lovin Americans that champion the right of a citizen to do as he pleases, as long as there is no harm to any other, except if it involves pot. I'll drink and drive to that !!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • R L M 456 wrote...
    chris Sulivan- nice job of getting the GAY thing in at the end of your Story
    December 5, 2012 5:49 pm
    that counts as one more story in the race for Gay stories with Brandi and Linda

    You can bet they will not let that slide

    another Gay HEADLINER coming tommorow from Brandi's Gay "push -it-down your throat" adgenda

    no pun intended

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • chellesbelles wrote...
    @rlm and longwayhome
    December 5, 2012 7:21 pm
    I was just thinking the same thing. Once I got to the end of the article, I was like, 'wasn't this a story about pot? How did we get on the subject of gays?' Can someone say 'agenda'? It just goes to show, if these deviants really felt what they were doing was right, they wouldn't feel the need to shove it down everyone's throats. And by the way, longwayhome, I'm black and independant, so what choice name or names would you have for me?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • longwayhome wrote...
    rlm
    December 5, 2012 7:09 pm
    Another republican neanderthal. Just get over your big bad self, you guys lost and common sense prevailed. You want to be a red neck, move back to the bible belt where there are a lot of un- evolved people like yourself that would love your company.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Hakuzen wrote...
    What RLM said.
    December 5, 2012 7:27 pm
    Beautifully put.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • R L M 456 wrote...
    longway?
    December 6, 2012 10:38 am
    And that changes the fact of my question, How???
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Newton wrote...
    It should ready and waiting at your Local Bar.
    December 5, 2012 8:39 pm
    If not then we got a problem.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Ron_Spins wrote...
    Legalization took all the fun out of it.
    December 5, 2012 10:45 pm
    .
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Witchwood wrote...
    We all know where the KIRO folks stand on this, right?
    December 5, 2012 11:29 pm

    With the feds. That's why, tonight on the radio, every announcement that cannabis is now legal in the state was followed up by the stern warning that the feds (daddy) will challenge it.

    Homosexual marriage is mentioned in the same breath, but we're spared the warning for some reason. The message is: homosexual marr-, sorry, "marriage equality" is good, but the legalization of cannabis is at most a passing curiousity affecting people who are not really fully-developed adults, and there's really nothing to get excited about because we're doomed to return to the status quo anyway.

    News organizations are now on government contract to mold and shape opinion, and the correct opinion is that which the federals support. So gay marriage is in (the feds will probably legalized it after having been "inspired" by the states, giving legitimacy to an already powerful grievance lobby) and cannabis legalization is out (net loss in federal power and money). Aint democracy wonderful?

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • manimal wrote...
    Yep
    December 6, 2012 11:44 am
    Seems like it. Notice how most of the KIRO on-air staff pretty much blow the whole thing off, or perpetuate the "stoner" stereotypes. Maybe being owned by the Mormons has something to do with it. All I have to say is, the feds better be careful if they think they're going to come to WA and start busting down doors. I know a lot of older hippies and younger smokers who are heavily armed and don't give a crap what the fed thinks. WA is a very unique state in the union at this point. While others clamp down, it seems like we're becoming more free here. I think one of the best qualities of this state is actually the close to 50/50 red/blue split. The west and east of the state keep each other in check.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • SickofSeattleite wrote...
    still illegal federally...
    December 6, 2012 5:38 am
    don't go through Idaho with an oz
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }