Bills would stop medical pot arrests, erase marijuana convictions
SEATTLE (AP) - Two marijuana-related bills advanced Thursday in Olympia, with legislative committees giving their OK to one measure that would block police from arresting medical marijuana patients and another that would let people have misdemeanor pot convictions erased.
The House Public Safety Committee voted 6-5 to recommend the bill on pot convictions be passed, and the Senate Health Care Committee approved the arrest-protection bill. The votes beat a deadline Friday for bills dealing with policy matters to be passed out of committee.
Democratic Rep. Joe Fitzgibbon of Burien told the House committee Wednesday that after Initiative 502 passed, allowing adults over 21 to have up to an ounce of marijuana under state law, he started thinking about the thousands of people who have criminal records for activity that is now legal - criminal records that can keep people from getting jobs, housing or loans.
Typically, people must wait three years after completing their sentence before asking to have a misdemeanor conviction vacated. The bill would eliminate that waiting period and remove other restrictions on having pot misdemeanors wiped clean.
The bill drew some objections at a hearing Thursday. The head of the Washington Association of Prosecuting Attorneys, Tom McBride, noted that the bill would allow people to have their convictions erased even if they had more marijuana than I-502 allows. Misdemeanor pot possession has historically been defined as up to 40 grams, but the new law only lets people have up to an ounce, or 28 grams.
It remains a misdemeanor to have between 28 grams and 40 grams, but under the bill anyone convicted of having that much in the future could immediately petition to have the conviction erased.
Ezra Eickmeyer, a lobbyist with the Washington Cannabis Association, said Thursday that was a pretty minor concern.
"What the people voted for was not to put people in jail and give them criminal convictions for possessing small amounts of marijuana," he said. "That's the principle that was passed. I'm appalled that the prosecutors are trying to make criminal convictions stick for people caught with small amounts of cannabis."
Eickmeyer said he was excited about the Senate committee's vote on the arrest-protection bill. State law currently allows those arrested and charged with marijuana crimes to present an "affirmative defense" to the charges in court if they're complying with the medical marijuana law; the bill would prevent them from being arrested in the first place if they present their valid medical marijuana authorization to police.
The measure doesn't do as much as he would like, Eickmeyer said, but he hopes it can be amended to include a regulatory system for medical marijuana dispensaries.
I-502 called for the creation of state-licensed growers, processors and retail stores for recreational marijuana, but no such plan exists for commercial medical marijuana dispensaries, which have been tolerated by police but operate outside the letter of state law.
Other pot-related bills pending in Olympia include one that would impose a 25-percent tax on sales at medical marijuana dispensaries.
The House Public Safety Committee voted 6-5 to recommend the bill on pot convictions be passed, and the Senate Health Care Committee approved the arrest-protection bill. The votes beat a deadline Friday for bills dealing with policy matters to be passed out of committee.
Democratic Rep. Joe Fitzgibbon of Burien told the House committee Wednesday that after Initiative 502 passed, allowing adults over 21 to have up to an ounce of marijuana under state law, he started thinking about the thousands of people who have criminal records for activity that is now legal - criminal records that can keep people from getting jobs, housing or loans.
Typically, people must wait three years after completing their sentence before asking to have a misdemeanor conviction vacated. The bill would eliminate that waiting period and remove other restrictions on having pot misdemeanors wiped clean.
The bill drew some objections at a hearing Thursday. The head of the Washington Association of Prosecuting Attorneys, Tom McBride, noted that the bill would allow people to have their convictions erased even if they had more marijuana than I-502 allows. Misdemeanor pot possession has historically been defined as up to 40 grams, but the new law only lets people have up to an ounce, or 28 grams.
It remains a misdemeanor to have between 28 grams and 40 grams, but under the bill anyone convicted of having that much in the future could immediately petition to have the conviction erased.
Ezra Eickmeyer, a lobbyist with the Washington Cannabis Association, said Thursday that was a pretty minor concern.
"What the people voted for was not to put people in jail and give them criminal convictions for possessing small amounts of marijuana," he said. "That's the principle that was passed. I'm appalled that the prosecutors are trying to make criminal convictions stick for people caught with small amounts of cannabis."
Eickmeyer said he was excited about the Senate committee's vote on the arrest-protection bill. State law currently allows those arrested and charged with marijuana crimes to present an "affirmative defense" to the charges in court if they're complying with the medical marijuana law; the bill would prevent them from being arrested in the first place if they present their valid medical marijuana authorization to police.
The measure doesn't do as much as he would like, Eickmeyer said, but he hopes it can be amended to include a regulatory system for medical marijuana dispensaries.
I-502 called for the creation of state-licensed growers, processors and retail stores for recreational marijuana, but no such plan exists for commercial medical marijuana dispensaries, which have been tolerated by police but operate outside the letter of state law.
Other pot-related bills pending in Olympia include one that would impose a 25-percent tax on sales at medical marijuana dispensaries.
chuck and amy u both would jump off a bridge if it was law wouldnt u? it was foolish in the first place to put them in jail
It was a POT tax before it was legal and if fines weree paid..ERASE EM!
stupid law should be erased...cigs and booze are much worse..and this was just a money maker law..not something that harmed anyone!
No, when they broke the law...it was the law...
Not sure if it matters our laws don't do anything for vehicle Fault because there's no room in jail and when they go to trial They talked them into a plea deal because of Washington state doesn't have money for a Trial, I guess it's called a nuisance suit, My son is no longer walking or supporting his family because of a nuisance to that Washington wouldn't take to trial thank you very much
@Peggy  - So slavery was OK when it happened because it was legal? Or taking a woman's virginity (even your wife's) should still require a jail sentence just because it is a 'blue law' that is still on the books in WA? Try and see the world in more colors than black and white. You'll be a happier person.
as of right now... "420 people like this".
Its pot, not meth crack or anything else. Did anyone get hurt due to it? I say let it go. Go spend that time catching chimos and much more serious offenders!!
If we have the privilege of living in a free and safe environment, we need to accept our obligation to adhere by the rules. And if we make the decision to ignore and break the law anyway, we must suffer the consequences. Even if the law is later rescinded, it was still the law at the time of the offense, without exception. Live with consequences.
@Peggy Robinson Feller Yeah Peggy. Like runaway slaves and Nazi resistance fighters. How stupid are you? Luckily your types are slowly dying off and because of it the world is becoming a better place. Sorry for the harsh words but you really are an idiot.
Law and order is more than an option that we can take or leave. Along with rights come responsibilities if we are to live in a free and safe society. When laws are enacted, the goal is to prevent or correct a problem, and we who are privlege
Yes!
Misdemeanors can still harm your chances of employment. I speak from experience.
Clear the courts of these nuisance suits. Saves us time & money.
Misdemeanor....that's the key word. Means you were smoking a little but not selling.
Yes
Yes, erase the misdemeanor charges. People made homemade liquor during the other stupid prohibition and it didn't stay on their record.
maybe we should buy our pot from china too!!!
And how much money would this cost taxpayers?
Somebody voted to legalize pot. No one voted to decriminalize it. What's wrong with these politicians? It's as simple as this...if we repeal the death penalty, would we then let the death row inmates out? If we change the speed limit from 45 to 65, would we then retroactively wipe out all convictions that were not over 65? I think we have a bunch of potheads running things
@Johnny B Positive Moore Your analogies don't make sense but I doubt that matters to you
The laws of the land, no matter how ridiculous, are what determines who is or who isn't a criminal.
@Donna-Sue Calhoun Howatson Runaway slaves
Letting criminals out. Great job.
The odds has just went that you will be involved in an accident with an intoxicated driver, and now you are considering
It's only fair! Go after real criminals, not folks trying to be mellow.
LMAO 25% tax. Should fall under the same tax rate as cigs or booze. And really, taxes shouldn't even target the medical scene. Recreational, totally should. There are obvious solutions to the idea of erasing misdemeanors: Under 28 grams, yes, over.. No. Simple. Why they make this so much more complex than it needs to be.. They can have misdemeanors removed after 3 years anyhow.
I wonder how many people with the do the crime do the time attitude have ever done drugs... Even once in their lives? I'd be willing to bet maybe they have. So, if they happened to be the unlucky fools who got busted with a blunt, and years later, couldn't get a job with that on your record... What would your attitude be? Lighten up people. Research shows that the use of marijuana can actually help a person addicted to meth or heroin get over their drug Addison quicker. It helps with withdrawal and craving symptoms. The world is not black and white people. Get off your high horse and quit judging. I'm also curious if these judgmental people ever drive their car home after going to dinner and drinking wine- oh it's legal so that makes you better... I forgot. And if you end up having one glass too many you're still better because its not so taboo right? Psh.
Yes
I totally agree with Amy and Chuck.
No Chuck, it isn't like a speeding ticket. That only results in a fine and maybe your insurance rate going up. A pot conviction, a misdemeanor, is a criminal offense. They're not the same thing, not at all. I agree that the convictions should be erased.
Its amazing what kind of focus this state has.... with the countless priorities out there ..............
@DISPATCH911Â Â It absolutely be a focus to get rid of these arcane, unconstitutional laws that never should have existed in the first place and then to remove these unconstitutional convictions to people's criminal records so they can have a chance to get ahead in life. We have got to keep these religious laws off the books. Any morality law is a religion based law and is unconstitutional.
So it's ok to admit that you did something illegal and then become President of the US???? Theyre talking about misdemeanors not felonies. Of course they should have minor possession charges erased!!!
Nope. I think it should stay on their record. They broke the law at the time. They change the speed limit on a road do they delete everyones tickets on it, I think not. Respect the laws, even if you dont like them. If you choose to break them, suffer the consequences.
and I do agree with Chuck..If you did the crime at the time...tough crap..you did it, pay for it. But I also do think it would make sense to get some of these non-violent offenders out of the system..Make them pay the fines, but get them out of the prsion. That should be for those who commit the violent crimes and sell the hard drugs ( meth, coke, heroin, etc..)
@Matt Cochran Pot doesn't lead to harder drugs...In all actuallity, it's alcohol that leads to experimentation..and if you really want to point which chemicals lead to harder chemical use..try pointing your finger at that cup of coffee in the morning..Just because somethinng is legal doesn't mean it's good for you..( alcohol, over the counter drugs, prescriptions) . Do you know what the fatality rate of alcohol vs. marijuana is?? Alcohol kills more people than weed..You will never hear of a pot overdose..
its not legal in fed court so they don't get a free pass
Sure, let's just remove consequences from everything. What's next?
Something about poppies . . .
Opium and heroin come to mind . . .
We are wasting so much money on this if it's legal anyways they might as well get rid of minor charges. I can understand dealing charges or bigger charges but really minor charges are just a waste
No, they committed the crime when it was illegal. It would be the same as saying I'll speed until they raise the speed limit and the tickets I get prior to, should just go away because they raised the limit to how fast I was going in the past. It is still breaking the law.
Yes, expunge those records.
SHAME. Marijuana should never have been legalized.
It's more like the Law enforcement folks can now realize that no harm came from their actions, and so, no crime was committed. You, Chuck, are not realizing the lack of need for punitive action. Speeding tickets are not paid with time...
It's amusing that you can legally smoke it, but you cannot grow, buy sell or posses it!
About time
There's plenty of taxation without representation now haha. My point is, just because it's illegal doesn't necessarily mean it's wrong, just misunderstood.
Overturn them