Law enforcement officers prepare for legalization

Local law enforcement officers continue to look to legislation for more information regarding the implementation of Initiative 502 on Dec. 6. After Dec. 6, any adult over the age of 21 is able to carry up to one ounce of marijuana for personal consumption.

Ritzville Police Chief David McCormick and Adams County Sheriff Doug Barger said the departments will continue on “business as usual,” but continue to wait for more information and qualifications on charges for any individual possessing more than one ounce of marijuana.

“As of today (Tuesday), it hasn’t been qualified in the RCW’s. Anybody can possess an ounce,” Barger explained. “We’re stuck between a rock and hard place … we have not received any guidance from the state level.”

McCormick shares in the sheriff’s sentiment and plans to continue to enforce the law, with an emphasis on reminding individuals that marijuana cannot be consumed in public. McCormick stated that it remains illegal for any individual to grow and dispense marijuana.

“The biggest issue we’re going to deal with, is two issues: one is going to be the open flagrant consumption in public, and we’ll issue citations for that, if that occurs. You can’t consume it in public. The other is DUI,” McCormick stated.

McCormick explained that while there is not currently a field test to determine if an individual is under the legal limit, driving violations would be treated as driving under the influence.

Individuals must have five ng/mL of active THC in the bloodstream to be considered under the influence, but blood tests can take weeks to process.

Barger said any individual seen in public with marijuana or who is clearly under the influence, will face the charges of public intoxication.

Both McCormick and Barger are looking to Adams County Prosecutor Randy Flyckt to keep the law enforcement offices informed on any decisions and information regarding the initiative.

During a meeting between the prosecutor, sheriff and police chief, Flyckt decided to dismiss past cases involving individuals over the age of 21 who were cited with carrying under an ounce of marijuana.

During that meeting, the officers covered a variety of issues and McCormick said, “We discussed the lack of guidelines on enforcing, and all of the issues that come along with the driving portion of it.”

For Barger, the biggest issue with the initiative is the lack of time legislation and law enforcement had to react to the change.

Barger said the 30 days since the law has been passed is not sufficient time for details to be worked out, and it is working backwards. The charges should have been determined and listed on the initiative before it was placed on the ballot, he explained.

McCormick and Barger explained that the sales and taxation of marijuana in the state has to be determined by the Liquor Control Board. The implementation of rules from the board could take up to a year to be fully determined.

Even though the initiative has legalized the carrying of one ounce of marijuana in the state of Washington, possessing marijuana is still illegal under federal law. Barger and McCormick shared the uncertainty about the discrepancy between state and federal laws, but both plan to implement the proper law enforcement action in each individual situation.

The one thing neither law enforcement officer will sway on, is regarding a minor in possession.

It remains illegal for any individual under the age of 21 to be in possession of any marijuana, and law enforcement action will be taken.

One argument for individuals in favor of the implementation is, “Initiative 502 frees law enforcement resources to focus on violent crime,” according to a statement placed in the online voters guide, available on the Secretary of State’s website, http://sos.wa.gov.

But local law enforcement officers currently disagree, judging by the time they are spending on searching for information to learn about the regulations and laws surrounding the use of marijuana, compared to when Washington followed the federal laws regarding the drug.