MarijuanaEl2012

New Wash. legal pot law jeopardizes prosecutions

April 24, 2013 @ 1:42 pm

SEATTLE (AP) - Prosecutors and crime lab scientists say a little-noticed provision in Washington's new law legalizing recreational marijuana has jeopardized their ability to go after any pot crimes at all, and they're calling for an immediate fix in the Legislature.

The group is suggesting a change in the legal definition of marijuana, and they have the support of the Seattle lawyer who drafted the initiative.

The problem stems from a part of the law meant to distinguish marijuana from industrial hemp, which is grown for its fiber. The law defines marijuana as having more than 0.3 percent of a certain intoxicating compound, called delta-9 THC.

Scientists with the state crime lab say that often, even potent marijuana can have less than 0.3 percent. It's only when heated or burned that another compound, THC acid, turns into delta-9 THC and the pot achieves its full potency.

"When you smoke it, it would be very potent, but before that, it would be considered hemp under the law," said Erik Nielson, standards and accountability manager for the Washington State Patrol Crime Lab's Forensic Lab Services Bureau.

That means that if people get caught with more than an ounce of marijuana _ the amount adults are allowed to have under the law _ or if police bust illicit grow operations, prosecutors might not be able to prove the plants or material seized meets the definition of marijuana.

"It would have an impact on our ability to enforce the law," said Ian Goodhew, deputy chief of staff to King County Prosecutor Dan Satterberg.

The King County Prosecutor's Office has delayed filing charges in several cases until the law is fixed, Goodhew said. But even then, defense attorneys could argue that their clients weren't violating the law as it was written at the time of their offense.

Although the crime lab could analyze the delta-9 THC content by burning it, that would essentially tamper with the evidence seized in any case. Another option would be to buy expensive new equipment that can test for the compound without burning the plant. But money is tight, and the lab would have to spend months developing protocols for using that method.

Instead, the prosecutors and crime lab scientists worked to draft legislation to fix the problem by changing the definition of marijuana. The measure, introduced Tuesday, would define marijuana as parts of the cannabis plant containing more than 0.3 percent by dry weight of combined delta-9 THC and THC acid. The bill is due to have a public hearing in a House committee Thursday.

Washington voters passed Initiative 502 last fall, joining Colorado as the first states to legalize recreational marijuana for adults over 21, and to allow the sale of taxed pot at state-licensed stores.

Under Washington law, voter-approved initiatives cannot be amended within two years after passage unless lawmakers approve it by a two-thirds vote in both houses.

The proposed fix for the marijuana definition is not considered controversial. It has the support of Alison Holcomb, who drafted the initiative.

"Obviously it was never the intent to make it impossible to be able to prosecute cases that fall outside what I-502 intended," Holcomb said Wednesday.

Randy Oliver, chief scientist at the Seattle marijuana-testing facility Analytical 360, said it makes sense to define marijuana by the combined amounts of THC acid and delta-9 THC. However, he said, the concern may be overstated.

He said most marijuana does test above 0.3 percent delta-9, although sometimes freshly cut bud that hasn't been dried does test below it. Of the last 600 samples his lab reviewed, the average pre-heating content of delta-9 was 0.6 percent.

___

Johnson can be reached at https://twitter.com/GeneAPseattle


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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Comments (22)


  • Add A Comment

  • Fuego wrote...
    This should
    November 12, 2012 3:42 pm
    be a short meeting.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Ted Bundi wrote...
    Umm, she is not the Gov anymore...
    November 12, 2012 6:01 pm
    ...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Ted Bundi wrote...
    Gregoire went to D.C. on Monday for a meeting ...
    November 12, 2012 7:42 pm
    Why are you spending more of my money when you are not in charge anymore?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • shark75 wrote...
    Because all of Washington's other problems have been solved
    November 12, 2012 10:23 pm
    Stupid illegitimate b!*tch governor. Liberal politicians always pander. They'll sell their soul and country for re-election. Feds should raid and arrest these "medical" marijuana clinics. Not because "cannabis" is a plant, but because there are consequences when you break the law. Everyone else has to obey the law, so should stoners. BUT, a mind that is made into a retard with pot is easier to control...and expect a vote from.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Jeff Schroeder wrote...
    Get some manners...
    November 13, 2012 5:37 am
    ...better yet, get on some meds.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CldWtrSrf wrote...
    Good to see shark75 is still a
    November 13, 2012 6:44 am
    Fascist PIG and advocates Totalitarian Gestapo approach to a States Rights issue. You call yourself a Conservative when you really want MORE Federal intervention in people's lives? Hahahaha what a tool.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Gar57 wrote...
    Don't be angry
    January 22, 2013 3:58 pm
    Why so mad bro? Maybe you need the green cure yourself!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cameron wrote...
    This should be left to the highly capable Inslee administration.
    November 13, 2012 5:24 am
    Gregoire has made this process a disaster from the beginning. She needs to keep packing at the Mansion and forget about policy. She has been absent from any form of effective Governance for the last year.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CldWtrSrf wrote...
    Chris "Don't call me Christine" The Krypt Keeper
    November 13, 2012 6:42 am
    Didn't talk about how to implement the Will of the People in a State's Rights Issue. I'm sure she assured the corrupt office full of criminals at the Department of "Justice" that she would do everything in her power to delay and block implementing the Will of The People of Washington for more suck up to Obama and to help protect Obama's buddies at Big Pharma who gave him a big ol bribe check..er..."contribution" for his re-election. If you think for one second Obama isn't going to come after Washington and Colorado you are crazy. Obama has directed his "Justice" Department to prosecute a much nastier War on Medical Cannabis than Bush ever did, even though he PROMISED he wouldn't. That's a simple FACT, look it up. Obama certainly isn't going to sit by and allow people to think they are actually FREE in AmeriKa, can't let a single little bit of Power to slip from the Federal Government and Executive Branch. This should get interesting!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    home-growing marijuana for recreational reasons remains barred . . . .
    November 13, 2012 2:29 pm
    LOL
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RoPo wrote...
    "as does public display or use of pot"
    November 13, 2012 5:06 pm
    ROFL - has anyone been to seattle center lately????
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cigarillo wrote...
    @CH
    January 22, 2013 7:05 pm
    Really? That was what got my kid interested in botany.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    CldWtrSrf your in the wrong State -
    January 15, 2013 2:07 pm
    grab your brother shark75 and move to a red neck state!!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • HPD 5-0 wrote...
    ...a strictly regulated marijuana system...
    January 21, 2013 3:35 pm
    BWAHAHAHAHAHAHAHAAH....no...stop!.....seriously....AHAHAHAHHAHAHAH...my side....it hurts..... A doped up citizenry is a cornerstone of the Dimocratic Party.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Forrest wrote...
    HPD 5-0 wrote... ...a strictly regulated marijuana system
    January 21, 2013 7:31 pm
    I'm laughing with ya. Anybody that wants to smoke it can grow their own. However I believe it will save money over the way it was. Lower enforcement costs, lower court costs, less gang activity. It also will no longer be a gateway drug getting it away from the dealers who sell coke and meth too.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • dexterjibs wrote...
    ok, I am confused
    January 21, 2013 10:44 pm
    I thought there were strict controls on the devils lettuce. This is funny. I bet all the pot heads and dupes that got this stupid arse law passed are scratching their heads. Thats right, you will pay more for your devils lettuce because of taxes, and you will still be harassed by The Man if you step outside the strict controls of the government. Very predictable and very laughable you stupid arse pot heads. No wonder they call pot "dope".
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }